[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3194 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3194
To provide an earned path to citizenship, to address the root causes of
migration and responsibly manage the southern border, and to reform the
immigrant visa system, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 10, 2023
Ms. Sanchez (for herself, Ms. Lofgren, Ms. Chu, Ms. Velazquez, Ms.
Clarke of New York, Ms. Barragan, Ms. Wasserman Schultz, Ms. Bonamici,
Ms. Norton, Mr. Pocan, Ms. DelBene, Ms. Scanlon, Mr. Auchincloss, Mr.
Panetta, Ms. Williams of Georgia, Ms. Ross, Ms. Garcia of Texas, Mr.
Sherman, Mrs. Dingell, Mr. Correa, Mrs. Watson Coleman, Mrs.
Napolitano, Mr. Carbajal, Mr. Ruppersberger, Mr. Blumenauer, Mr. Gomez,
Ms. Jacobs, Ms. Porter, Ms. Moore of Wisconsin, Ms. Meng, Mr. Johnson
of Georgia, Ms. Lee of California, Mr. McGovern, Mr. Costa, Mr. Casten,
Mr. Cleaver, Mr. Pallone, Mr. Larson of Connecticut, Mr. Evans, Mr.
Carson, Mr. Veasey, Mr. Lieu, Mr. Castro of Texas, Mr. Soto, Mrs.
Trahan, Mr. Ruiz, Ms. Escobar, Mr. Grijalva, Mr. Payne, Ms. Plaskett,
Mr. Huffman, Mr. Thompson of California, Mr. Nadler, Ms. Dean of
Pennsylvania, Mr. Swalwell, Ms. Matsui, Mr. Kilmer, Mr. Quigley, Ms.
Sewell, Mr. Boyle of Pennsylvania, Ms. McCollum, Ms. Castor of Florida,
Mr. Trone, Mr. Tonko, Mr. Torres of New York, Ms. DeGette, Mr. Sablan,
Mr. Thanedar, Mr. Garamendi, Mr. Carter of Louisiana, Ms. Wilson of
Florida, Ms. Tlaib, Ms. Brownley, Ms. Salinas, Ms. Adams, Mr. Smith of
Washington, Mr. Takano, Ms. Underwood, Mr. Larsen of Washington, Mr.
Beyer, Mr. Gallego, Ms. Lois Frankel of Florida, Mr. Raskin, Mr.
Morelle, Mrs. Cherfilus-McCormick, Ms. Blunt Rochester, Ms. Tokuda, Ms.
Leger Fernandez, Mr. Davis of Illinois, Mr. Aguilar, Ms. Clark of
Massachusetts, Mr. Moulton, Ms. Jayapal, Mrs. Hayes, Ms. Strickland,
Ms. Stansbury, Mr. Higgins of New York, Mr. Schiff, Mr. Vargas, Mr.
Connolly, and Mr. Cardenas) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committees on Ways and Means, Armed Services, Education and the
Workforce, House Administration, Financial Services, Natural Resources,
Oversight and Accountability, Foreign Affairs, Homeland Security,
Intelligence (Permanent Select), and Energy and Commerce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide an earned path to citizenship, to address the root causes of
migration and responsibly manage the southern border, and to reform the
immigrant visa system, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``U.S. Citizenship
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Terminology with respect to noncitizens.
TITLE I--EARNED PATH TO CITIZENSHIP AND OTHER REFORMS
Subtitle A--Earned Path to Citizenship
Sec. 1101. Lawful prospective immigrant status.
Sec. 1102. Adjustment of status of lawful prospective immigrants.
Sec. 1103. The Dream Act.
Sec. 1104. The American Promise Act.
Sec. 1105. The Agricultural Workers Adjustment Act.
Sec. 1106. General provisions relating to adjustment of status.
Subtitle B--Other Reforms
Sec. 1201. V nonimmigrant visas.
Sec. 1202. Expungement and sentencing.
Sec. 1203. Petty offenses.
Sec. 1204. Restoring fairness to adjudications.
Sec. 1205. Judicial review.
Sec. 1206. Modifications to naturalization provisions.
Sec. 1207. Relief for long-term legal residents of the Commonwealth of
the Northern Mariana Islands.
Sec. 1208. Government contracting and acquisition of real property
interest.
Sec. 1209. Conforming amendments to the Social Security Act.
TITLE II--ADDRESSING THE ROOT CAUSES OF MIGRATION AND RESPONSIBLY
MANAGING THE SOUTHERN BORDER
Sec. 2001. Definitions.
Subtitle A--Promoting the Rule of Law, Security, and Economic
Development in Central America
Sec. 2101. United States Strategy for Engagement in Central America.
Sec. 2102. Securing support of international donors and partners.
Sec. 2103. Combating corruption, strengthening the rule of law, and
consolidating democratic governance.
Sec. 2104. Combating criminal violence and improving citizen security.
Sec. 2105. Combating sexual, gender-based, and domestic violence.
Sec. 2106. Tackling extreme poverty and advancing economic development.
Sec. 2107. Authorization of appropriations for United States Strategy
for Engagement in Central America.
Subtitle B--Addressing Migration Needs by Strengthening Regional
Humanitarian Responses for Refugees and Asylum Seekers in the Western
Hemisphere and Strengthening Repatriation Initiatives
Sec. 2201. Expanding refugee and asylum processing in the Western
Hemisphere.
Sec. 2202. Further strengthening regional humanitarian responses in the
Western Hemisphere.
Sec. 2203. Information campaign on dangers of irregular migration.
Sec. 2204. Identification, screening, and processing of refugees and
other individuals eligible for lawful
admission to the United States.
Sec. 2205. Registration and intake.
Sec. 2206. Central American Refugee Program.
Sec. 2207. Central American Minors Program.
Sec. 2208. Central American Family Reunification Parole Program.
Sec. 2209. Informational campaign; case status hotline.
Subtitle C--Managing the Border and Protecting Border Communities
Sec. 2301. Expediting legitimate trade and travel at ports of entry.
Sec. 2302. Deploying smart technology at the southern border.
Sec. 2303. Independent oversight on privacy rights.
Sec. 2304. Training and continuing education.
Sec. 2305. GAO study of waiver of environmental and other laws.
Sec. 2306. Establishment of Border Community Stakeholder Advisory
Committee.
Sec. 2307. Rescue beacons.
Sec. 2308. Use of force.
Sec. 2309. Office of Professional Responsibility.
Subtitle D--Improving Border Infrastructure for Families and Children;
Cracking Down on Criminal Organizations
Sec. 2401. Humanitarian and medical standards for individuals in U.S.
Customs and Border Protection custody.
Sec. 2402. Child welfare at the border.
Sec. 2403. Office of Inspector General oversight.
Sec. 2404. Enhanced investigation and prosecution of human smuggling
networks and trafficking organizations.
Sec. 2405. Enhanced penalties for organized smuggling schemes.
Sec. 2406. Expanding financial sanctions on narcotics trafficking and
money laundering.
Sec. 2407. Support for transnational anti-gang task forces for
countering criminal gangs.
Sec. 2408. Hindering immigration, border, and customs controls.
TITLE III--REFORM OF THE IMMIGRANT VISA SYSTEM
Subtitle A--Promoting Family Reunification
Sec. 3101. Recapture of immigrant visas lost to bureaucratic delay.
Sec. 3102. Reclassification of spouses and minor children of lawful
permanent residents as immediate relatives.
Sec. 3103. Adjustment of family-sponsored per-country limits.
Sec. 3104. Promoting family unity.
Sec. 3105. Relief for orphans, widows, and widowers.
Sec. 3106. Exemption from immigrant visa limit for certain veterans who
are natives of the Philippines.
Sec. 3107. Fiancee or fiance child status protection.
Sec. 3108. Retention of priority dates.
Sec. 3109. Inclusion of permanent partners.
Sec. 3110. Definition of child.
Sec. 3111. Termination of conditional permanent resident status for
certain noncitizen permanent partners and
sons and daughters upon finding qualifying
permanent partnership improper.
Sec. 3112. Nationality at birth.
Subtitle B--National Origin-Based Antidiscrimination for Nonimmigrants
Sec. 3201. Expansion of nondiscrimination provision.
Sec. 3202. Transfer and limitations on authority to suspend or restrict
the entry of a class of noncitizens.
Subtitle C--Diversity Immigrants
Sec. 3301. Increasing diversity visas.
Subtitle D--Reforming Employment-Based Immigration
Sec. 3401. Doctoral STEM graduates from accredited United States
universities.
Sec. 3402. Addressing visa backlogs.
Sec. 3403. Eliminating employment-based per country levels.
Sec. 3404. Increased immigrant visas for other workers.
Sec. 3405. Flexible adjustments to employment-based immigrant visa
program.
Sec. 3406. Regional Economic Development Immigrant Visa Pilot Program.
Sec. 3407. Wage-based consideration of temporary workers.
Sec. 3408. Clarifying dual intent for postsecondary students.
Sec. 3409. H-4 visa reform.
Sec. 3410. Extensions related to pending petitions.
Subtitle E--Promoting Immigrant and Refugee Integration
Sec. 3501. Definition of Foundation.
Sec. 3502. United States Citizenship and Integration Foundation.
Sec. 3503. Pilot program to promote immigrant integration at State and
local levels.
Sec. 3504. English as a Gateway to Integration grant program.
Sec. 3505. Workforce Development and Shared Prosperity grant program.
Sec. 3506. Existing citizenship education grants.
Sec. 3507. Grant program to assist eligible applicants.
Sec. 3508. Study on factors affecting employment opportunities for
immigrants and refugees with professional
credentials obtained in foreign countries.
Sec. 3509. In-State tuition rates for refugees, asylees, and certain
special immigrants.
Sec. 3510. Waiver of English requirement for senior new Americans.
Sec. 3511. Naturalization for certain United States high school
graduates.
Sec. 3512. Naturalization ceremonies.
Sec. 3513. National citizenship promotion program.
Sec. 3514. Authorization of appropriations for Foundation and pilot
program.
TITLE IV--IMMIGRATION COURTS, FAMILY VALUES, AND VULNERABLE INDIVIDUALS
Subtitle A--Promoting Efficient Processing of Asylum Seekers,
Addressing Immigration Court Backlogs, and Efficiently Repatriating
Migrants Ordered Removed
Sec. 4101. Expanding alternatives to detention.
Sec. 4102. Eliminating immigration court backlogs.
Sec. 4103. Improved training for immigration judges and members of the
Board of Immigration Appeals.
Sec. 4104. New technology to improve court efficiency.
Sec. 4105. Court appearance compliance and legal orientation.
Sec. 4106. Improving court efficiency and reducing costs by increasing
access to legal information.
Sec. 4107. Facilitating safe and efficient repatriation.
Subtitle B--Protecting Family Values and Monitoring and Caring for
Unaccompanied Noncitizen Children After Arrival
Sec. 4201. Definition of local educational agency.
Sec. 4202. Responsibility of sponsor for immigration court compliance
and child well-being.
Sec. 4203. Funding to school districts for unaccompanied noncitizen
children.
Sec. 4204. School enrollment.
Subtitle C--Admission and Protection of Refugees, Asylum Seekers, and
Other Vulnerable Individuals
Sec. 4301. Elimination of time limits on asylum applications.
Sec. 4302. Increasing annual numerical limitation on U visas.
Sec. 4303. Employment authorization for asylum seekers and other
individuals.
Sec. 4304. Enhanced protection for individuals seeking T visas, U
visas, and protection under VAWA.
Sec. 4305. Alternatives to detention.
Sec. 4306. Notification of proceedings.
Sec. 4307. Conversion of certain petitions.
Sec. 4308. Improvements to application process for Afghan special
immigrant visas.
Sec. 4309. Special immigrant status for certain surviving spouses and
children.
Sec. 4310. Special immigrant status for certain Syrians who worked for
the United States Government in Syria.
Sec. 4311. Authorization of appropriations.
TITLE V--EMPLOYMENT AUTHORIZATION AND PROTECTING WORKERS FROM
EXPLOITATION
Sec. 5101. Commission on Employment Authorization.
Sec. 5102. Power Act.
Sec. 5103. Additional civil penalty.
Sec. 5104. Continued application of workforce and labor protection
remedies.
Sec. 5105. Prohibition on discrimination based on national origin or
citizenship status.
Sec. 5106. Fairness for farmworkers.
Sec. 5107. Protections for migrant and seasonal laborers.
Sec. 5108. Directive to the United States Sentencing Commission.
Sec. 5109. Labor Law Enforcement Fund.
SEC. 2. DEFINITIONS.
In this Act:
(1) 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 laws.
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given the term in section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. TERMINOLOGY WITH RESPECT TO NONCITIZENS.
(a) Immigration and Nationality Act.--
(1) In general.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended--
(A) in section 101(a) (8 U.S.C. 1101(a))--
(i) by striking paragraph (3) and inserting
the following:
``(3) Noncitizen.--The term `noncitizen' means any person not a
citizen or national of the United States.''; and
(ii) by adding at the end the following:
``(53) Noncitizenship.--The term `noncitizenship' means the
condition of being a noncitizen.'';
(B) by striking ``an alien'' each place it appears
and inserting ``a noncitizen'';
(C) by striking ``An alien'' each place it appears
and inserting ``A noncitizen'';
(D) by striking ``alien'' each place it appears and
inserting ``noncitizen'';
(E) by striking ``aliens'' each place it appears
and inserting ``noncitizens'';
(F) by striking ``alien's'' each place it appears
and inserting ``noncitizen's''; and
(G) by striking ``alienage'' each place it appears
and inserting ``noncitizenship''.
(2) Headings.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended--
(A) in the title and chapter headings--
(i) by striking ``ALIEN'' each place it
appears and inserting ``NONCITIZEN''; and
(ii) by striking ``ALIENS'' each place it
appears and inserting ``NONCITIZENS'';
(B) in the section headings--
(i) by striking ``alien'' each place it
appears and inserting ``noncitizen'';
(ii) by striking ``aliens'' each place it
appears and inserting ``noncitizens''; and
(iii) by striking ``alienage'' each place
it appears and inserting ``noncitizenship'';
(C) in the subsection headings--
(i) by striking ``Alien'' each place it
appears and inserting ``Noncitizen''; and
(ii) by striking ``Aliens'' each place it
appears and inserting ``Noncitizens''; and
(D) in the paragraph, subparagraph, clause,
subclause, item, and subitem headings--
(i) by striking ``Alien'' each place it
appears and inserting ``Noncitizen'';
(ii) by striking ``alien'' each place it
appears and inserting ``noncitizen'';
(iii) by striking ``Aliens'' each place it
appears and inserting ``Noncitizens''; and
(iv) by striking ``aliens'' each place it
appears and inserting ``noncitizens''.
(3) Table of contents.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended--
(A) by striking the item relating to title V and
inserting the following:
``TITLE V--NONCITIZEN TERRORIST REMOVAL PROCEDURES'';
and
(B) in the items relating to the chapters and
sections--
(i) by striking ``Alien'' each place it
appears and inserting ``Noncitizen'';
(ii) by striking ``Aliens'' each place it
appears and inserting ``Noncitizens'';
(iii) by striking ``alien'' each place it
appears and inserting ``noncitizen'';
(iv) by striking ``aliens'' each place it
appears and inserting ``noncitizens''; and
(v) by striking ``alienage'' each place it
appears and inserting ``noncitizenship''.
(b) Unaccompanied Noncitizen Children.--Section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279) is amended by striking ``alien''
each place it appears and inserting ``noncitizen''.
(c) References to Aliens.--With respect to a person who is not a
citizen or national of the United States, any reference in Federal law,
Federal regulation, or any written instrument issued by the executive
branch of the Government to an alien shall be deemed to refer to a
noncitizen (as defined in section 101(a) of the Immigration and
Nationality Act, as amended by subsection (a)(1)).
TITLE I--EARNED PATH TO CITIZENSHIP AND OTHER REFORMS
Subtitle A--Earned Path to Citizenship
SEC. 1101. LAWFUL PROSPECTIVE IMMIGRANT STATUS.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after
section 245A the following:
``SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE ENTRANTS TO THAT OF
LAWFUL PROSPECTIVE IMMIGRANT.
``(a) Requirements.--Notwithstanding any other provision of law,
the Secretary may grant lawful prospective immigrant status to a
noncitizen who--
``(1) satisfies the eligibility requirements set forth in
section 245G(b), including all criminal and national security
background checks and the payment of all applicable fees; and
``(2) submits an application pursuant to the procedures
under section 245G(b)(1).
``(b) Spouses and Children.--The requirement in paragraph (2)
subsection (a) shall not apply to a noncitizen who is the spouse or
child of a noncitizen who satisfies all requirements of that
subsection.
``(c) Duration of Status and Extension.--The initial period of
authorized admission for a lawful prospective immigrant--
``(1) shall remain valid for 6 years, unless revoked
pursuant to subsection 245G(g)(4); and
``(2) may be extended for additional 6-year terms if--
``(A) the noncitizen remains eligible for lawful
prospective immigrant status;
``(B) the noncitizen has successfully passed the
background checks described in section 245G(d)(3); and
``(C) such status was not revoked by the Secretary.
``(d) Evidence of Lawful Prospective Immigrant Status.--
``(1) In general.--The Secretary shall issue documentary
evidence of lawful prospective immigrant status to each
noncitizen, including the principal applicant and any spouse or
child included in the application, whose application for such
status has been approved.
``(2) Documentation features.--Documentary evidence issued
under paragraph (1) shall--
``(A) comply with the requirements of section
245G(g)(3)(C); and
``(B) specify a period of validity of 6 years
beginning on the date of issuance.
``(e) Terms and Conditions of Lawful Prospective Immigrant
Status.--
``(1) 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 status, except that the
noncitizen--
``(A) is not entitled to the premium assistance tax
credit authorized under section 36B of the Internal
Revenue Code of 1986 for his or her health insurance
coverage;
``(B) shall be subject to the rules applicable to
individuals not lawfully present that are set forth in
subsection (e) of that section;
``(C) shall be subject to the rules applicable to
individuals not lawfully present that are set forth in
section 1402(e) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18071); and
``(D) shall be subject to the rules applicable to
individuals not lawfully present set forth in section
5000A(d)(3) of the Internal Revenue Code of 1986.
``(2) Eligibility for coverage under a qualified health
plan.--Notwithstanding section 1312(f)(3) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18032(f)(3)), a
lawful prospective immigrant shall be treated as a qualified
individual under section 1312 of that Act if the lawful
prospective immigrant meets the requirements under subsection
(f)(1) of that section.
``(3) Employment.--Notwithstanding any other provision of
law, including section 241(a)(7), a lawful prospective
immigrant shall be authorized to be employed in the United
States while in such status.
``(4) Travel outside the united states.--A lawful
prospective immigrant may travel outside of the United States
and may be admitted, if otherwise admissible, upon returning to
the United States without having to obtain a visa if--
``(A) the lawful prospective immigrant is in
possession of--
``(i) valid, unexpired documentary evidence
of lawful prospective immigrant status; or
``(ii) a travel document, duly approved by
the Secretary, that was issued to the lawful
prospective immigrant after the lawful
prospective immigrant's original documentary
evidence was lost, stolen, or destroyed;
``(B) the lawful prospective immigrant's absences
from the United States do not exceed 180 days, in the
aggregate, in any calendar year, unless--
``(i) the lawful prospective immigrant's
absences were authorized by the Secretary; or
``(ii) the lawful prospective immigrant's
failure to timely return was due to
circumstances beyond the noncitizen's control;
``(C) the lawful prospective immigrant meets the
requirements for an extension as described in
subsection (c)(2); and
``(D) the lawful prospective immigrant establishes
that the lawful prospective immigrant is not
inadmissible under subparagraph (A)(i), (A)(iii), (B),
or (C) of section 212(a)(3).
``(5) Assignment of social security number.--
``(A) In general.--The Commissioner of Social
Security (referred to in this paragraph as the
`Commissioner'), in coordination with the Secretary,
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 immigrant.
``(B) Information sharing.--
``(i) 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
noncitizens.
``(ii) Use of information.--The
Commissioner may use information received from
the Secretary under this subparagraph--
``(I) to assign Social Security
account numbers to lawful prospective
immigrants; and
``(II) to administer the programs
of the Social Security Administration.
``(iii) Limitation.--The Commissioner may
maintain, use, and disclose such information
only as permitted under section 552a of title
5, United States Code (commonly known as the
Privacy Act of 1974), and other applicable
Federal law.''.
(b) Enlistment in the Armed Forces.--Section 504(b)(1) of title 10,
United States Code, is amended by adding at the end the following:
``(D) A noncitizen who has been granted lawful
prospective immigrant status under section 245B of the
Immigration and Nationality Act.''.
(c) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 245A
the following:
``Sec. 245B. Adjustment of status of eligible entrants to that of
lawful prospective immigrant.''.
(2) Definition of lawful prospective immigrant.--Section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)), as amended by section 3, is further amended by adding
at the end the following:
``(54) Lawful Prospective Immigrant.--The term `lawful prospective
immigrant' means a noncitizen granted lawful prospective immigrant
status under section 245B.''.
SEC. 1102. ADJUSTMENT OF STATUS OF LAWFUL PROSPECTIVE IMMIGRANTS.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 1101, is
further amended by inserting after section 245B the following:
``SEC. 245C. ADJUSTMENT OF STATUS OF LAWFUL PROSPECTIVE IMMIGRANTS.
``(a) Requirements.--Notwithstanding any other provision of law,
the Secretary may adjust the status of a lawful prospective immigrant
to that of a lawful permanent resident if the lawful prospective
immigrant--
``(1) subject to subsection (b), satisfies the eligibility
requirements set forth in section 245G(b), including all
criminal and national security background checks and the
payment of all applicable fees;
``(2) submits an application pursuant to the procedures
under section 245G(b)(1);
``(3) has been a lawful prospective immigrant for not less
than 5 years;
``(4) remains eligible for such status;
``(5) establishes, to the satisfaction of the Secretary,
that the lawful prospective immigrant has not been continuously
absent from the United States for more than 180 days in any
calendar year during the period of admission as a lawful
prospective immigrant, unless the lawful prospective
immigrant's absence was--
``(A) authorized by the Secretary; or
``(B) due to circumstances beyond the lawful
prospective immigrant's control; and
``(6) has satisfied any applicable Federal tax liability.
``(b) Previous Waivers.--For purposes of this section, any ground
of inadmissibility under section 212(a) that was previously waived for
a noncitizen, or made inapplicable under any section of this Act, shall
not apply.
``(c) Demonstration of Compliance.--An applicant may demonstrate
compliance with subsection (a)(6) by submitting appropriate
documentation, in accordance with regulations promulgated by the
Secretary, in consultation with the Secretary of the Treasury.
``(d) Applicable Federal Tax Liability Defined.--In this section,
the term `applicable Federal tax liability' means all Federal income
taxes assessed in accordance with section 6203 of the Internal Revenue
Code of 1986.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as
amended by section 1101, is further amended by inserting after
the item relating to section 245B the following:
``Sec. 245C. Adjustment of status of lawful prospective immigrants.''.
(2) Definition of lawful permanent resident.--Section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)), as amended by section 1101, is further amended by
adding at the end the following:
``(55) Lawful Permanent Resident.--The term `lawful permanent
resident' means a noncitizen lawfully admitted for permanent
residence.''.
SEC. 1103. THE DREAM ACT.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 1102, is
further amended by inserting after section 245C the following:
``SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN NONCITIZENS WHO ENTERED
THE UNITED STATES AS CHILDREN.
``(a) Requirements.--Notwithstanding any other provision of law,
the Secretary may grant lawful permanent resident status to a
noncitizen if the noncitizen--
``(1) satisfies the eligibility requirements set forth in
section 245G(b), including all criminal and national security
background checks and the payment of all applicable fees;
``(2) submits an application pursuant to the procedures
under section 245G(b)(1);
``(3) was younger than 18 years of age on the date on which
the noncitizen initially entered the United States;
``(4) has earned a high school diploma, a commensurate
alternative award from a public or private high school or
secondary school, a general education development certificate
recognized under State law, or a high school equivalency
diploma in the United States;
``(5)(A) has obtained a degree from an institution of
higher education, or has completed at least 2 years, in good
standing, 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
level;
``(B) has served in the uniformed services for not less
than 2 years and, if discharged, received an honorable
discharge; or
``(C) demonstrates earned income for periods totaling not
less than 3 years and not less than 75 percent of the time that
the noncitizen has had valid employment authorization, except
that, 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
credential, the Secretary shall reduce such total 3-year
requirement by the total of such periods of enrollment; and
``(6) establishes that the noncitizen has registered under
the Military Selective Service Act (50 U.S.C. 3801 et seq.), if
the noncitizen is subject to registration under that Act.
``(b) Waiver.--The Secretary may waive the requirement under
subsection (a)(5) if the noncitizen demonstrates compelling
circumstances for the noncitizen's inability to satisfy such
requirement.
``(c) Spouses and Children.--The requirements in paragraphs (2)
through (6) of subsection (a) shall not apply to a noncitizen who is
the spouse or child of a noncitizen who satisfies all requirements of
that subsection.
``(d) Special Procedure for Applicants With DACA.--The Secretary
shall establish a streamlined procedure for noncitizens who--
``(1) 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 15, 2012 (referred to in this section
as `DACA'); and
``(2) meet the requirements for renewal of DACA to apply
for adjustment of status to that of a lawful permanent
resident.
``(e) Treatment of Individuals Granted DACA and Individuals Who
Adjust Status Under This Section.--
``(1) 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' (77 Fed. Reg. 52614 (August 30, 2012)) shall have no
force or effect.
``(2) 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 1903(v)(4) of the
Social Security Act (42 U.S.C. 1396b(v)(4)), the definition of
`lawfully present' under section 152.2 of title 45, Code of
Federal Regulations (or any successor regulation) shall be
applied.
``(3) Inapplicability of limitation on federal means-tested
public benefits.--
``(A) In general.--Notwithstanding any other
provision of law, except as provided in subparagraph
(B), with respect to eligibility for any benefit under
title XIX or XXI of the Social Security Act (42 U.S.C.
1396 et seq. or 1397aa et seq.), the limitation under
section 403(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1613(a)) shall not apply to an individual who adjusts
status under this section.
``(B) Exception.--The limitation described in
subparagraph (A) shall apply to an individual who was
eligible to adjust status only by virtue of subsection
(c).
``(f) Institution of Higher Education Defined.--In this section,
the term `institution of higher education' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002), except that the term does not include institutions described in
subsection (a)(1)(C) of such section.''.
(b) Compensation for Officers or Employees of the United States.--
Section 704 of title VII of division E of the Consolidated
Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 588) is
amended--
(1) in paragraph (3), by striking ``; or'' and inserting a
semicolon; and
(2) in paragraph (4), by inserting ``; or (5) is a person
who is employed by the House of Representatives or the Senate,
and has been issued an employment authorization document under
DACA'' after ``United States''.
(c) Restoration of State Option To Determine Residency for Purposes
of Higher Education.--
(1) Repeal.--Section 505 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is
repealed.
(2) Effective date.--The repeal under paragraph (1) shall
take effect as if included in the original enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (division C of Public Law 104-208).
(d) Federal Housing Administration Insurance of Mortgages.--Section
203 of the National Housing Act (12 U.S.C. 1709) is amended by
inserting after subsection (h) the following:
``(i) DACA Recipient Eligibility.--
``(1) DACA recipient defined.--In this subsection, the term
`DACA recipient' means a noncitizen who, at any time before,
on, or after the date of enactment of this subsection, 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 15, 2012.
``(2) Prohibition.--The Secretary may not--
``(A) 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
recipient; or
``(B) issue any limited denial of participation in
the program for such insurance because of the status of
the mortgagor as a DACA recipient.
``(3) Exemption.--
``(A) Denial for failure to satisfy valid
eligibility requirements.--Nothing in this title
prohibits the denial of insurance based on failure to
satisfy valid eligibility requirements.
``(B) Invalid eligibility requirements.--Valid
eligibility requirements do not include criteria that
were adopted with the purpose of denying eligibility
for insurance because of race, color, religion, sex,
familial status, national origin, disability, or the
status of a mortgagor as a DACA recipient.''.
(e) Rural Housing Service.--Section 501 of the Housing Act of 1949
(42 U.S.C. 1471) is amended by adding at the end the following:
``(k) DACA Recipient Eligibility.--
``(1) DACA recipient defined.--In this subsection, the term
`DACA recipient' means a noncitizen who, at any time before,
on, or after the date of enactment of this subsection, 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 15, 2012.
``(2) Prohibition.--The Secretary may not prescribe terms
that limit eligibility for a single family mortgage made,
insured, or guaranteed under this title because of the status
of the mortgagor as a DACA recipient.''.
(f) Fannie Mae.--Section 302(b) of the National Housing Act (12
U.S.C. 1717(b)) is amended by adding at the end the following:
``(8) DACA recipient eligibility.--
``(A) DACA recipient defined.--In this paragraph,
the term `DACA recipient' means a noncitizen who, at
any time before, on, or after the date of enactment of
this paragraph, 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 15, 2012.
``(B) 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 recipient.''.
(g) Freddie Mac.--Section 305(a) of the Federal Home Loan Mortgage
Corporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the
following:
``(6) DACA recipient eligibility.--
``(A) DACA recipient defined.--In this paragraph,
the term `DACA recipient' means a noncitizen who, at
any time before, on, or after the date of enactment of
this paragraph, 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 15, 2012.
``(B) 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 recipient.''.
(h) Technical and Conforming Amendment.--The table of contents for
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended
by section 1102, is further amended by inserting after the item
relating to section 245C the following:
``Sec. 245D. Adjustment of status for certain noncitizens who entered
the United States as children.''.
SEC. 1104. THE AMERICAN PROMISE ACT.
(a) Adjustment of Status for Certain Nationals of Certain Countries
Designated for Temporary Protected Status or Deferred Enforced
Departure.--Chapter 5 of title II of the Immigration and Nationality
Act (8 U.S.C. 1255 et seq.), as amended by section 1103, is further
amended by inserting after section 245D the following:
``SEC. 245E. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF CERTAIN
COUNTRIES DESIGNATED FOR TEMPORARY PROTECTED STATUS OR
DEFERRED ENFORCED DEPARTURE.
``(a) Requirements.--Notwithstanding any other provision of law,
the Secretary may grant lawful permanent resident status to a
noncitizen if the noncitizen--
``(1) satisfies the eligibility requirements set forth in
section 245G(b), including all criminal and national security
background checks and the payment of all applicable fees;
``(2) submits an application pursuant to the procedures
under section 245G(b)(1);
``(3) subject to section 245G(b)(3)(B)(ii), has been
continuously physically present in the United States since
January 1, 2017; and
``(4)(A) is a national of a foreign state (or a part
thereof), or in the case of a noncitizen having no nationality,
is a person who last habitually resided in such foreign state,
with a designation under section 244(b) on January 1, 2017, who
had or was otherwise eligible for temporary protected status on
such date notwithstanding subsections (c)(1)(A)(iv) and
(c)(3)(C) of that section; or
``(B) was eligible for deferred enforced departure as of
January 1, 2017.
``(b) Spouses and Children.--The requirements of paragraphs (2)
through (4) of subsection (a) shall not apply to a noncitizen who is
the spouse or child of a noncitizen who satisfies all the requirements
of subsection (a).''.
(b) Clarification of Inspection and Admission Under Temporary
Protected Status.--The Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended--
(1) in section 244(f)(4) (8 U.S.C. 1254a(f)(4)), by
inserting ``as having been inspected and admitted to the United
States'' after ``considered''; and
(2) in section 245(c) (8 U.S.C. 1255(c)), in the matter
preceding paragraph (1), by inserting ``or a noncitizen granted
temporary protected status under section 244'' after ``self-
petitioner''.
(c) Technical and Conforming Amendment.--The table of contents for
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended
by section 1103, is further amended by inserting after the item
relating to section 245D the following:
``Sec. 245E. Adjustment of status for certain nationals of certain
countries designated for temporary
protected status or deferred enforced
departure.''.
SEC. 1105. THE AGRICULTURAL WORKERS ADJUSTMENT ACT.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 1104, is
further amended by inserting after section 245E the following:
``SEC. 245F. ADJUSTMENT OF STATUS FOR AGRICULTURAL WORKERS.
``(a) Requirements.--Notwithstanding any other provision of law,
the Secretary may grant lawful permanent resident status to a
noncitizen if--
``(1) the noncitizen satisfies the eligibility requirements
set forth in section 245G(b), including all criminal and
national security background checks and the payment of all
applicable fees; and
``(2) submits an application pursuant to the procedures
under section 245G(b)(1); and
``(3) the Secretary determines that, during the 5-year
period immediately preceding the date on which the noncitizen
submits an application under this section, the noncitizen
performed agricultural labor or services for at least 2,300
hours or 400 work days.
``(b) Spouses and Children.--The requirements of paragraph (3) of
subsection (a) shall not apply to a noncitizen who is the spouse or
child of a noncitizen who satisfies all the requirements of that
subsection.
``(c) Agricultural Labor or Services Defined.--In this section, the
term `agricultural labor or services' means--
``(1) agricultural labor or services (within the meaning of
the term in section 101(a)(15)(H)(ii)), without regard to
whether the labor or services are of a seasonal or temporary
nature; and
``(2) agricultural employment (as defined in section 3 of
the Migrant and Seasonal Agricultural Worker Protection Act (29
U.S.C. 1802)), without regard to whether the specific service
or activity is temporary or seasonal.''.
(b) Technical and Conforming Amendment.--The table of contents for
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended
by section 1104, is further amended by inserting after the item
relating to section 245E the following:
``Sec. 245F. Adjustment of status for agricultural workers.''.
SEC. 1106. GENERAL PROVISIONS RELATING TO ADJUSTMENT OF STATUS.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 1105, is
further amended by inserting after section 245E the following:
``SEC. 245G. GENERAL PROVISIONS RELATING TO ADJUSTMENT OF STATUS.
``(a) Applicability.--Unless otherwise specified, the provisions of
this section shall apply to sections 245B, 245C, 245D, 245E, and 245F.
``(b) Common Eligibility Requirements for Applications Under
Sections 245B, 245C, 245D, 245E, and 245F.--Unless otherwise specified,
a noncitizen applying for status under section 245B, 245C, 245D, 245E,
or 245F shall satisfy the following requirements:
``(1) Submittal of application.--The noncitizen shall
submit a completed application to the Secretary at such time,
in such manner, and containing such information as the
Secretary shall require.
``(2) Payment of fees.--
``(A) In general.--A noncitizen who is 18 years of
age or older shall pay to the Department of Homeland
Security a processing fee in an amount determined by
the Secretary.
``(B) Recovery of costs.--The processing fee
referred to in subparagraph (A) shall be set at a level
sufficient to recover the cost of processing the
application.
``(C) Authority to limit fees.--The Secretary may--
``(i) limit the maximum processing fee
payable under this paragraph by a family; and
``(ii) for good cause, exempt individual
applicants or defined classes of applicants
from the requirement to pay fees under this
paragraph.
``(D) Deposit.--Fees collected under this paragraph
shall be deposited into the Immigration Examinations
Fee Account pursuant to section 286(m).
``(3) Physical presence.--
``(A) Date of submittal of application.--The
noncitizen shall be physically present in the United
States on the date on which the application is
submitted.
``(B) Continuous physical presence.--
``(i) In general.--Except as provided in
clause (ii), the noncitizen shall have been
continuously physically present in the United
States beginning on January 1, 2023, and ending
on the date on which the application is
approved.
``(ii) Exceptions.--
``(I) 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
Secretary.
``(II) Brief, casual, and innocent
absences.--
``(aa) 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 brief,
casual, and innocent, whether
or not such absences were
authorized by the Secretary.
``(bb) Absences more than
180 days.--For purposes of this
clause, an absence of more than
180 days, in the aggregate,
during a calendar year shall
not be considered brief, unless
the Secretary finds that the
length of the absence was due
to circumstances beyond the
noncitizen's control, including
the serious illness of the
noncitizen, death or serious
illness of a spouse, parent,
grandparent, grandchild,
sibling, son, or daughter of
the noncitizen, or due to
international travel
restrictions.
``(iii) Effect of notice to appear.--
Issuance of a notice to appear under section
239(a) shall not be considered to interrupt the
continuity of a noncitizen's continuous
physical presence in the United States.
``(4) Waiver for noncitizens previously removed.--
``(A) In general.--With respect to a noncitizen who
was removed from or who departed the United States on
or after January 20, 2017, and who was continuously
physically present in the United States for not fewer
than 3 years immediately preceding the date on which
the noncitizen was removed or departed, the Secretary
may waive, for humanitarian purposes, to ensure family
unity, or if such a waiver is otherwise in the public
interest, the application of--
``(i) paragraph (3)(A); and
``(ii) in the case of an applicant for
lawful prospective immigrant status under
section 245B, if the applicant has not
reentered the United States unlawfully after
January 1, 2023, subsection (c)(3).
``(B) Application procedure.--The Secretary, in
consultation with the Secretary of State, shall
establish a procedure by which a noncitizen, while
outside the United States, may apply for status under
section 245B, 245C, 245D, 245E, or 245F, as applicable,
if the noncitizen would have been eligible for such
status but for the noncitizen's removal or departure.
``(c) Grounds for Ineligibility.--
``(1) Certain grounds of inadmissibility.--
``(A) In general.--Subject to subparagraph (B), a
noncitizen shall be ineligible for status under
sections 245B, 245C, 245D, 245E, and 245F if the
noncitizen--
``(i) is inadmissible under paragraph (2),
(3), (6)(E), (8), (10)(C), or (10)(E) of
section 212(a);
``(ii) has been convicted of a felony
offense (excluding any offense under State law
for which an essential element in the
noncitizen's immigration status); or
``(iii) has been convicted of 3 or more
misdemeanor offenses (excluding simple
possession of cannabis or cannabis-related
paraphernalia, any offense involving cannabis
or cannabis-related paraphernalia that is no
longer prosecutable in the State in which the
conviction was entered, any offense under State
law for which an essential element is the
noncitizen's immigration status, any offense
involving civil disobedience without violence,
and any minor traffic offense) not occurring on
the same date, and not arising out of the same
act, omission, or scheme of misconduct.
``(B) Waivers.--
``(i) In general.--For purposes of
subparagraph (A), the Secretary may, for
humanitarian purposes, family unity, or if
otherwise in the public interest--
``(I) waive inadmissibility under--
``(aa) subparagraphs (A),
(C), and (D) of section
212(a)(2); and
``(bb) paragraphs (6)(E),
(8), (10)(C), and (10)(E) of
such section;
``(II) waive ineligibility under
subparagraph (A)(ii) (excluding
offenses described in section
101(a)(43)(A)) or inadmissibility under
subparagraph (B) of section 212(a)(2)
if the noncitizen has not been
convicted of any offense during the 10-
year period preceding the date on which
the noncitizen applies for status under
section 245B, 245C, 245D, 245E, or
245F, as applicable; and
``(III) for purposes of
subparagraph (A)(iii), waive
consideration of--
``(aa) 1 misdemeanor
offense if, during the 5-year
period preceding the date on
which the noncitizen applies
for status under section 245B,
245C, 245D, 245E, or 245F, as
applicable, the noncitizen has
not been convicted of any
offense; or
``(bb) 2 misdemeanor
offenses if, during the 10-year
period preceding such date, the
noncitizen has not been
convicted of any offense.
``(ii) Considerations.--In making a
determination under subparagraph (B), the
Secretary of Homeland Security or the Attorney
General shall consider all mitigating and
aggravating factors, including--
``(I) the severity of the
underlying circumstances, conduct, or
violation;
``(II) the duration of the
noncitizen's residence in the United
States;
``(III) evidence of rehabilitation,
if applicable; and
``(IV) the extent to which the
noncitizen's removal, or the denial of
the noncitizen's application, would
adversely affect the noncitizen or the
noncitizen's United States citizen or
lawful permanent resident family
members.
``(2) Noncitizens in certain immigration statuses.--
``(A) In general.--A noncitizen shall be ineligible
for status under sections 245B, 245C, 245D, 245E, and
245F if on January 1, 2023, the noncitizen was any of
the following:
``(i) A lawful permanent resident.
``(ii) A noncitizen admitted as a refugee
under section 207 or granted asylum under
section 208.
``(iii) A noncitizen who, according to the
records of the Secretary or the Secretary of
State, is in a period of authorized stay in a
nonimmigrant status described in section
101(a)(15)(A), other than--
``(I) a spouse or a child of a
noncitizen eligible for status under
section 245B, 245C, 245D, 245E, or
245F;
``(II) a noncitizen considered to
be in a nonimmigrant status solely by
reason of section 702 of the
Consolidated Natural Resources Act of
2008 (Public Law 110-229; 122 Stat.
854) or section 244(f)(4) of this Act;
``(III) a nonimmigrant described in
section 101(a)(15)(H)(ii)(a); and
``(IV) a noncitizen who has engaged
in `essential critical infrastructure
labor or services', as described in the
`Advisory Memorandum on Identification
of Essential Critical Infrastructure
Workers During COVID-19 Response' (as
revised by the Department of Homeland
Security) during the period described
in subparagraph (B).
``(iv) A noncitizen paroled into the
Commonwealth of the Northern Mariana Islands or
Guam who did not reside in the Commonwealth or
Guam on November 28, 2009.
``(B) Period described.--The period described in
this subparagraph is the period that--
``(i) begins on the first day of the public
health emergency declared by the Secretary of
Health and Human Services under section 319 of
the Public Health Service Act (42 U.S.C. 247d)
with respect to COVID-19; and
``(ii) ends on the date that is 90 days
after the date on which such public health
emergency terminates.
``(3) Certain noncitizens outside the united states and
unlawful reentrants.--A noncitizen shall be ineligible for
status under sections 245B, 245C, 245D, 245E, and 245F if the
noncitizen--
``(A) departed the United States while subject to
an order of exclusion, deportation, removal, or
voluntary departure; and
``(B)(i) was outside the United States on January
1, 2021; or
``(ii) reentered the United States unlawfully after
January 1, 2023.
``(d) Submission of Biometric and Biographic Data; Background
Checks.--
``(1) In general.--The Secretary may not grant a noncitizen
status under section 245B, 245C, 245D, 245E, or 245F unless the
noncitizen submits biometric and biographic data, in accordance
with procedures established by the Secretary.
``(2) 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
impairment.
``(3) Background checks.--
``(A) In general.--The Secretary shall use
biometric and biographic data--
``(i) to conduct security and law
enforcement background checks; and
``(ii) to determine whether there is any
criminal, national security, or other factor
that would render the noncitizen ineligible for
status under section 245B, 245C, 245D, 245E, or
245F, as applicable.
``(B) Completion required.--A noncitizen may not be
granted status under section 245B, 245C, 245D, 245E, or
245F unless security and law enforcement background
checks are completed to the satisfaction of the
Secretary.
``(e) Eligibility for Other Statuses.--
``(1) In general.--A noncitizen's eligibility for status
under section 245B, 245C, 245D, 245E, or 245F shall not
preclude the noncitizen from seeking any status under any other
provision of law for which the noncitizen may otherwise be
eligible.
``(2) Inapplicability of other provisions.--Section
208(d)(6) shall not apply to any noncitizen who submits an
application under section 245B, 245C, 245D, 245E, or 245F.
``(f) Exemption From Numerical Limitation.--Nothing in this section
or section 245B, 245C, 245D, 245E, or 245F or in any other law may be
construed--
``(1) to limit the number of noncitizens who may be granted
status under sections 245B, 245C, 245D, 245E, and 245F; or
``(2) to count against any other numerical limitation under
this Act.
``(g) Procedures.--
``(1) Opportunity to apply and limitation on removal.--A
noncitizen who appears to be prima facie eligible for status
under section 245B, 245C, 245D, 245E, or 245F shall be given a
reasonable opportunity to apply for such adjustment of status
and, if the noncitizen applies within a reasonable period, the
noncitizen shall not be removed before--
``(A) the Secretary has issued a final decision
denying relief;
``(B) a final order of removal has been issued; and
``(C) the decision of the Secretary is upheld by a
court, or the time for initiating judicial review under
section 242 has expired, unless the order of removal is
based on criminal or national security grounds, in
which case removal does not affect the noncitizen's
right to judicial review.
``(2) Spouses and children.--
``(A) 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 245B, 245C, 245D,
245E, or 245F, including a petition to classify the
spouse and children as the spouse and children of the
principal applicant.
``(B) 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 245B, 245C, 245D, 245E,
or 245F and the noncitizen's spouse or child is
terminated by death, divorce, or annulment, or the
spouse or child has been battered or subjected to
extreme cruelty by the noncitizen (regardless of
whether the legal relationship terminates), the spouse
or child may apply independently for lawful prospective
immigrant status or lawful permanent resident status if
he or she is otherwise eligible.
``(C) Effect of denial of application or revocation
of status.--If the application of a noncitizen for
status under section 245B, 245C, 245D, 245E, or 245F is
denied, or his or her status is revoked, the spouse or
child of such noncitizen shall remain eligible to apply
independently for status under the applicable section.
``(3) Adjudication.--
``(A) In general.--The Secretary shall evaluate
each application submitted under section 245B, 245C,
245D, 245E, or 245F to determine whether the applicant
meets the applicable requirements.
``(B) Adjustment of status if favorable
determination.--If the Secretary determines that a
noncitizen meets the requirements of section 245B,
245C, 245D, 245E, or 245F, as applicable, the Secretary
shall--
``(i) notify the noncitizen of such
determination; and
``(ii) adjust the status of the noncitizen
to that of lawful prospective immigrant or
lawful permanent resident, as applicable,
effective as of the date of such determination.
``(C) Documentary evidence of status.--
``(i) In general.--The Secretary shall
issue documentary evidence of lawful
prospective immigrant status or lawful
permanent resident status, as applicable, to
each noncitizen whose application for such
status has been approved.
``(ii) Elements.--Documentary evidence
issued under clause (i) shall--
``(I) be machine readable and
tamper resistant;
``(II) contain a digitized
photograph of the noncitizen;
``(III) during the noncitizen's
authorized period of admission, serve
as a valid travel and entry document;
and
``(IV) include such other features
and information as the Secretary may
prescribe.
``(iii) Employment authorization.--
Documentary evidence issued under clause (i)
shall be accepted during the period of its
validity by an employer as evidence of
employment authorization and identity under
section 274A(b)(1)(B); and
``(D) Adverse determination.--If the Secretary
determines that the noncitizen does not meet the
requirements for the status for which the noncitizen
applied, the Secretary shall notify the noncitizen of
such determination.
``(E) Withdrawal of application.--
``(i) In general.--On receipt of a request
to withdraw an application under section 245B,
245C, 245D, 245E, or 245F, the Secretary shall
cease processing of the application and close
the case.
``(ii) Effect of withdrawal.--Withdrawal of
such an application shall not prejudice any
future application filed by the applicant for
any immigration benefit under this Act.
``(F) Document requirements.--
``(i) Establishing identity.--A
noncitizen's application for status under
section 245B, 245C, 245D, 245E, or 245F may
include, as evidence of identity, the
following:
``(I) 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 fingerprint.
``(II) The noncitizen's birth
certificate and an identity card that
includes the noncitizen's name and
photograph.
``(III) A school identification
card that includes the noncitizen's
name and photograph, and school records
showing the noncitizen's name and that
the noncitizen is or was enrolled at
the school.
``(IV) A uniformed services
identification card issued by the
Department of Defense.
``(V) Any immigration or other
document issued by the United States
Government bearing the noncitizen's
name and photograph.
``(VI) A State-issued
identification card bearing the
noncitizen's name and photograph.
``(VII) Any other evidence that the
Secretary determines to be credible.
``(ii) Documents establishing continuous
physical presence.--Evidence that the
noncitizen has been continuously physically
present in the United States may include the
following:
``(I) Passport entries, including
admission stamps on the noncitizen's
passport.
``(II) Any document from the
Department of Justice or the Department
of Homeland Security noting the
noncitizen's date of entry into the
United States.
``(III) Records from any
educational institution the noncitizen
has attended in the United States.
``(IV) Employment records of the
noncitizen that include the employer's
name and contact information.
``(V) Records of service from the
uniformed services.
``(VI) Official records from a
religious entity confirming the
noncitizen's participation in a
religious ceremony.
``(VII) A birth certificate for a
child who was born in the United
States.
``(VIII) Hospital or medical
records showing medical treatment or
hospitalization, the name of the
medical facility or physician, and the
date of the treatment or
hospitalization.
``(IX) Automobile license receipts
or registration.
``(X) Deeds, mortgages, or rental
agreement contracts.
``(XI) Rent receipts or utility
bills bearing the noncitizen's name or
the name of an immediate family member
of the noncitizen, and the noncitizen's
address.
``(XII) Tax receipts.
``(XIII) Insurance policies.
``(XIV) Remittance records,
including copies of money order
receipts sent in or out of the country.
``(XV) Travel records, including
online or hardcopy airplane, bus and
train tickets, itineraries, and hotel
or hostel receipts.
``(XVI) Dated bank transactions.
``(XVII) 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 States, that contain--
``(aa) the name, address,
and telephone number of the
affiant; and
``(bb) the nature and
duration of the relationship
between the affiant and the
noncitizen.
``(XVIII) Any other evidence
determined to be credible.
``(iii) Documents establishing exemption
from application fees.--The Secretary shall set
forth, by regulation, the documents that may be
used as evidence that a noncitizen's
application for status under section 245B,
245C, 245D, 245E, or 245F is exempt from an
application fee under subsection (b)(2).
``(iv) Authority to prohibit use of certain
documents.--If the Secretary determines, after
publication in the Federal Register and an
opportunity for public comment, that any
document or class of documents does not
reliably establish identity, 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 degree, the Secretary may prohibit
or restrict the use of such document or class
of documents.
``(G) Sufficiency of the evidence.--
``(i) Failure to submit sufficient
evidence.--The Secretary may deny an
application under section 245B, 245C, 245D,
245E, or 245F submitted by a noncitizen who
fails to submit requested initial evidence,
including requested biometric data, or any
requested additional evidence, by the date
required by the Secretary.
``(ii) Amended application.--A noncitizen
whose application is denied under clause (i)
may, without an additional fee, 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 application.
``(iii) Fulfillment of eligibility
requirements.--Except as provided in clause
(i), an application--
``(I) may not be denied for failure
to submit particular evidence; and
``(II) may only be denied on
evidentiary grounds if the evidence
submitted is not credible or otherwise
fails to establish eligibility.
``(iv) Authority to determine probity of
evidence.--The Secretary may determine--
``(I) whether evidence is credible;
and
``(II) the weight to be given the
evidence.
``(4) Revocation.--
``(A) In general.--If the Secretary determines that
a noncitizen fraudulently obtained status under section
245B, 245C, 245D, 245E, or 245F, the Secretary may
revoke such status at any time after--
``(i) providing appropriate notice to the
noncitizen;
``(ii) providing the noncitizen an
opportunity to respond; and
``(iii) the exhaustion or waiver of all
applicable administrative review procedures
under paragraph (6).
``(B) Additional evidence.--In determining whether
to revoke a noncitizen's status under subparagraph (A),
the Secretary may require the noncitizen--
``(i) to submit additional evidence; or
``(ii) to appear for an interview.
``(C) Invalidation of documentation.--If a
noncitizen's status is revoked under subparagraph (A),
any documentation issued by the Secretary to the
noncitizen under paragraph (3)(C) shall automatically
be rendered invalid for any purpose except for
departure from the United States.
``(5) Administrative review.--
``(A) Exclusive administrative review.--
Administrative review of a determination with respect
to an application for status under section 245B, 245C,
245D, 245E, or 245F shall be conducted solely in
accordance with this paragraph.
``(B) Administrative appellate review.--
``(i) 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 submitted, and revocations of status,
under sections 245B, 245C, 245D, 245E, and
245F.
``(ii) Single appeal for each
administrative decision.--A noncitizen in the
United States whose application for status
under section 245B, 245C, 245D, 245E, or 245F
has been denied or whose status under any such
section has been revoked may submit to the
Secretary not more than 1 appeal of each such
decision.
``(iii) Notice of appeal.--A notice of
appeal under this paragraph shall be submitted
not later than 90 days after the date of
service of the denial or revocation, unless a
delay beyond the 90-day period is reasonably
justifiable.
``(iv) Review by secretary.--Nothing in
this paragraph may be construed to limit the
authority of the Secretary to certify appeals
for review and final decision.
``(v) Denial of petitions for spouses and
children.--A decision to deny, or revoke
approval of, 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 245B, 245C,
245D, 245E, or 245F may be appealed under this
paragraph.
``(C) Stay of removal.--Noncitizens seeking
administrative review of a denial, or revocation of
approval, of an application for status under section
245B, 245C, 245D, 245E, or 245F shall not be removed
from the United States before a final decision is
rendered establishing ineligibility for such status.
``(D) Record for review.--Administrative appellate
review under this paragraph shall be de novo and based
solely upon--
``(i) the administrative record established
at the time of the determination on the
application; and
``(ii) any additional newly discovered or
previously unavailable evidence.
``(6) Judicial review.--Judicial review of decisions
denying, or revoking approval of, applications or petitions
under sections 245B, 245C, 245D, 245E, and 245F shall be
governed by section 242.
``(7) Effects while applications are pending.--During the
period beginning on the date on which a noncitizen applies for
status under section 245B, 245C, 245D, 245E, or 245F and ending
on the date on which the Secretary makes a final decision on
such application--
``(A) notwithstanding section 212(d)(5)(A), the
Secretary shall have the discretion to grant advance
parole to the noncitizen;
``(B) the noncitizen shall not be considered an
unauthorized noncitizen (as defined in section
274A(h)(3)).
``(8) Employment.--
``(A) Receipt of application.--As soon as
practicable after receiving an application for status
under section 245B, 245C, 245D, 245E, or 245F, the
Secretary shall provide the applicant with a document
acknowledging receipt of such application.
``(B) Employment authorization.--A document issued
under subparagraph (A) shall--
``(i) serve as interim proof of the
noncitizen's authorization to accept employment
in the United States; and
``(ii) be accepted by an employer as
evidence of employment authorization under
section 274A(b)(1)(C) pending a final decision
on the application.
``(C) Employer protection.--An employer who knows
that a noncitizen employee is an applicant for status
under section 245B, 245C, 245D, 245E, or 245F or
intends to apply for any such status, and who continues
to employ the noncitizen pending a final decision on
the noncitizen employee's application, shall not be
considered to be in violation of section 274A(a)(2) for
hiring, employment, or continued employment of the
noncitizen.
``(9) Information privacy.--
``(A) In general.--Except as provided in
subparagraph (B), no officer or employee of the United
States may--
``(i) use the information provided by a
noncitizen pursuant to an application submitted
under section 245B, 245C, 245D, 245E, or 245F
to initiate removal proceedings against any
person identified in the application;
``(ii) make any publication whereby the
information provided by any particular
individual pursuant to such an application may
be identified; or
``(iii) permit any individual other than an
officer or employee of the Federal agency to
which such an application is submitted to
examine the application.
``(B) Required disclosure.--Notwithstanding
subparagraph (A), the Attorney General or the Secretary
shall provide the information provided in an
application under section 245B, 245C, 245D, 245E, or
245F, and any other information derived from such
information, to--
``(i) a duly recognized law enforcement
entity in connection with an investigation or
prosecution of an offense described in
paragraph (2) or (3) of section 212(a), if such
information is requested in writing by such
entity; or
``(ii) an official coroner for purposes of
affirmatively identifying a deceased individual
(whether or not such individual is deceased as
a result of a crime).
``(C) Penalty.--Whoever knowingly uses, publishes,
or permits information to be examined in violation of
this section shall be fined not more than $50,000.
``(D) Safeguards.--The Secretary shall require
appropriate administrative and physical safeguards to
protect against disclosure and uses of information that
violate this paragraph.
``(E) Annual assessment.--Not less frequently than
annually, the Secretary shall conduct an assessment
that, for the preceding calendar year--
``(i) analyzes the effectiveness of the
safeguards under subparagraph (D);
``(ii) determines the number of authorized
disclosures made; and
``(iii) determines the number of
disclosures prohibited by subparagraph (A)
made.
``(10) Language assistance.--The Secretary, in consultation
with the Attorney General, shall make available forms and
accompanying instructions in the most common languages spoken
in the United States, as determined by the Secretary.
``(11) Reasonable accommodations.--The Secretary shall
develop a plan for providing reasonable accommodation,
consistent with applicable law, to applicants for status under
sections 245B, 245C, 245D, 245E, and 245F with disabilities (as
defined in section 3(1) of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102(1))).
``(h) Definitions.--In this section and sections 245B, 245C, 245D,
245E, and 245F:
``(1) 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 (g)(5) has expired or the challenged decision was
affirmed after such administrative review.
``(2) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(3) Uniformed services.--The term `uniformed services'
has the meaning given the term in section 101(a) of title 10,
United States Code.''.
(b) Rulemaking.--
(1) Rules implementing sections 245b, 245d, 245e, 245f, and
245g.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall
issue interim final rules, published in the Federal
Register, implementing sections 245B, 245D, 245E, 245F,
and 245G of the Immigration and Nationality Act, as
added by this subtitle.
(B) Effective date.--Notwithstanding section 553 of
title 5, United States Code, the rules issued under
this paragraph shall be effective, on an interim basis,
immediately upon publication, but may be subject to
change and revision after public notice and opportunity
for a period of public comment.
(C) Final rules.--Not later than 180 days after the
date of publication under subparagraph (B), the
Secretary shall finalize the interim rules.
(2) Rules implementing section 245c.--Not later than 180
days after the date of the enactment of this Act, the Secretary
shall issue a final rule implementing section 245C of the
Immigration and Nationality Act, as added by this subtitle.
(3) Requirement.--The rules issued under this subsection
shall prescribe the evidence required to demonstrate
eligibility for status under sections 245B, 245C, 245D, 245E,
and 245F of the Immigration and Nationality Act, as added by
this subtitle, or otherwise required to apply for status under
such sections.
(c) Paperwork Reduction Act.--The requirements under chapter 35 of
title 44, United States Code (commonly known as the ``Paperwork
Reduction Act''), shall not apply to any action to implement this
title.
(d) Technical and Conforming Amendment.--The table of contents for
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended
by section 1105, is further amended by inserting after the item
relating to section 245F the following:
``Sec. 245G. General provisions relating to adjustment of status.''.
Subtitle B--Other Reforms
SEC. 1201. V NONIMMIGRANT VISAS.
(a) Nonimmigrant Eligibility.--Section 101(a)(15)(V) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended to
read as follows:
``(V) subject to section 214(q)(1), a noncitizen
who is the beneficiary of an approved petition under
section 203(a) or 245B.''.
(b) Employment and Period of Admission of Nonimmigrants Described
in Section 101(a)(15)(V).--Section 214(q)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(q)(1)) is amended to read as follows:
``(q) Nonimmigrants Described in Section 101(a)(15)(V).--
``(1) Certain sons and daughters.--
``(A) Employment authorization.--The Secretary
shall--
``(i) authorize a nonimmigrant admitted
pursuant to section 101(a)(15)(V) to engage in
employment in the United States during the
period of such nonimmigrant's authorized
admission; and
``(ii) provide the nonimmigrant with an
`employment authorized' endorsement or other
appropriate document signifying authorization
of employment.
``(B) Termination of admission.--The period of
authorized admission for a nonimmigrant admitted
pursuant to section 101(a)(15)(V) shall terminate 30
days after the date on which--
``(i) the nonimmigrant's application for an
immigrant visa pursuant to the approval of a
petition under section 203(a) is denied; or
``(ii) the nonimmigrant's application for
adjustment of status under section 245, 245B,
or 245C pursuant to the approval of such a
petition is denied.
``(C) Public benefits.--
``(i) In general.--A noncitizen who is
lawfully present in the United States pursuant
to section 101(a)(15)(V) is not eligible for
any means-tested public benefits (as such term
is defined and implemented in section 403 of
the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8
U.S.C. 1613)).
``(ii) Health care coverage.--A noncitizen
admitted under section 101(a)(15)(V)--
``(iii) is not entitled to the premium
assistance tax credit authorized under section
36B of the Internal Revenue Code of 1986 for
his or her health insurance coverage;
``(iv) shall be subject to the rules
applicable to individuals not lawfully present
that are set forth in subsection (e) of such
section;
``(v) shall be subject to the rules
applicable to individuals not lawfully present
set forth in section 1402(e) of the Patient
Protection and Affordable Care Act (42 U.S.C.
18071(e)); and
``(vi) shall be subject to the rules
applicable to individuals not lawfully present
set forth in section 5000A(d)(3) of the
Internal Revenue Code of 1986.''.
(c) 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 Act.
SEC. 1202. EXPUNGEMENT AND SENTENCING.
(a) Definition of Conviction.--Section 101(a)(48) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is amended to
read as follows:
``(48)(A) The term `conviction' means, with respect to a
noncitizen, a formal judgment of guilt of the noncitizen entered by a
court.
``(B) The following may not be considered a conviction for purposes
of this Act:
``(i) An adjudication or judgment of guilt that has been
dismissed, expunged, deferred, annulled, invalidated, withheld,
or vacated.
``(ii) Any adjudication in which the court has issued--
``(I) a judicial recommendation against removal;
``(II) an order of probation without entry of
judgment; or
``(III) any similar disposition.
``(iii) A judgment that is on appeal or is within the time
to file direct appeal.
``(C)(i) Unless otherwise provided, with respect to an offense, any
reference to a term of imprisonment or a sentence is considered to
include only the period of incarceration ordered by a court.
``(ii) Any such reference shall be considered to exclude any
portion of a sentence of which the imposition or execution was
suspended.''.
(b) Judicial Recommendation Against Removal.--The grounds of
inadmissibility and deportability under sections 212(a)(2) and
237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)
and 1227(a)(2)) shall not apply to a noncitizen with a criminal
conviction if, not later than 180 days after the date on which the
noncitizen is sentenced, and after having provided notice and an
opportunity to respond to representatives of the State concerned, the
Secretary, and prosecuting authorities, the sentencing court issues a
recommendation to the Secretary that the noncitizen not be removed on
the basis of the conviction.
SEC. 1203. PETTY OFFENSES.
Section 212(a)(2)(A)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(A)(ii)) is amended--
(1) in the matter preceding subclause (I), by striking ``to
an alien who committed only one crime'';
(2) in subclause (I), by inserting ``the noncitizen
committed only one crime,'' before ``the crime was committed
when''; and
(3) by amending subclause (II) to read as follows:
``(II) the noncitizen committed not
more than 2 crimes, the maximum penalty
possible for each crime of which the
noncitizen was convicted (or which the
noncitizen admits having committed or
of which the acts that the noncitizen
admits having committed constituted the
essential elements) did not exceed
imprisonment for 1 year and, if the
noncitizen was convicted of either
crime, the noncitizen was not sentenced
to terms of imprisonment with
respective sentences imposed in excess
of 180 days (regardless of the extent
to which either sentence was ultimately
executed).''.
SEC. 1204. RESTORING FAIRNESS TO ADJUDICATIONS.
(a) Waiver of Grounds of Inadmissibility.--Section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting
after subsection (b) the following:
``(c) Humanitarian, Family Unity, and Public Interest Waiver.--
``(1) In general.--Notwithstanding any other provision of
law, except section 245G(c)(1)(B), the Secretary of Homeland
Security or the Attorney General may waive the operation of any
1 or more grounds of inadmissibility under this section
(excluding inadmissibility under subsection (a)(3)) for any
purpose, including eligibility for relief from removal--
``(A) for humanitarian purposes;
``(B) to ensure family unity; or
``(C) if a waiver is otherwise in the public
interest.
``(2) Considerations.--In making a determination under
paragraph (1), the Secretary of Homeland Security or the
Attorney General shall consider all mitigating and aggravating
factors, including--
``(A) the severity of the underlying circumstances,
conduct, or violation;
``(B) the duration of the noncitizen's residence in
the United States;
``(C) evidence of rehabilitation, if applicable;
and
``(D) the extent to which the noncitizen's removal,
or the denial of the noncitizen's application, would
adversely affect the noncitizen or the noncitizen's
United States citizen or lawful permanent resident
family members.''.
(b) Waiver of Grounds of Deportability.--Section 237(a) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by adding
at the end the following:
``(8) Humanitarian, family unity, and public interest
waiver.--
``(A) In general.--Notwithstanding any other
provision of law, except section 245G(c)(1)(B), the
Secretary of Homeland Security or the Attorney General
may waive the operation of any 1 or more grounds of
deportability under this subsection (excluding
deportability under paragraph (2)(A)(iii) based on a
conviction described in section 101(a)(43)(A) and
deportability under paragraph (4)) for any purpose,
including eligibility for relief from removal--
``(i) for humanitarian purposes;
``(ii) to ensure family unity; or
``(iii) if a waiver is otherwise in the
public interest.
``(B) Considerations.--In making a determination
under subparagraph (A), the Secretary of Homeland
Security or the Attorney General shall consider all
mitigating and aggravating factors, including--
``(i) the severity of the underlying
circumstances, conduct, or violation;
``(ii) the duration of the noncitizen's
residence in the United States;
``(iii) evidence of rehabilitation, if
applicable; and
``(iv) the extent to which the noncitizen's
removal, or the denial of the noncitizen's
application, would adversely affect the
noncitizen or the noncitizen's United States
citizen or lawful permanent resident family
members.''.
SEC. 1205. JUDICIAL REVIEW.
Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252)
is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by inserting ``the
exercise of discretion arising under'' after ``no court
shall have jurisdiction to review'';
(B) in subparagraph (C), by inserting ``and
subsection (h)'' after ``subparagraph (D)''; and
(C) by amending subparagraph (D) to read as
follows:
``(D) Judicial review of certain legal claims.--
Nothing in subparagraph (B) or (C), or in any other
provision of this Act that limits or eliminates
judicial review, shall be construed as precluding
review of constitutional claims or questions of law.'';
(2) in subsection (b)--
(A) in paragraph (2), in the first sentence, by
inserting ``or, in the case of a decision governed by
section 245G(g)(6), in the judicial circuit in which
the petitioner resides'' after ``proceedings''; and
(B) in paragraph (9), by striking the first
sentence and inserting the following: ``Except as
otherwise provided in this section, judicial review of
a determination respecting a removal order shall be
available only in judicial review of a final order
under this section.'';
(3) in subsection (f)--
(A) in paragraph (1), by striking ``or restrain the
operation of''; and
(B) in paragraph (2), by adding ``after all
administrative and judicial review available to the
noncitizen is complete'' before ``unless''; and
(4) by adding at the end the following:
``(h) Judicial Review of Eligibility Determinations Relating to
Status Under Chapter 5.--
``(1) Direct review.--If a noncitizen's application under
section 245B, 245C, 245D, 245E, or 245F is denied, or the
approval of such application is revoked, after the exhaustion
of administrative appellate review under section 245G(g)(5),
the noncitizen may seek review of such decision, in accordance
with chapter 7 of title 5, United States Code, in the district
court of the United States in which the noncitizen resides.
``(2) Status during review.--During the period in which a
review described in paragraph (1) is pending--
``(A) any unexpired grant of voluntary departure
under section 240B shall be tolled; and
``(B) any order of exclusion, deportation, or
removal shall automatically be stayed unless the court,
in its discretion, orders otherwise.
``(3) Review after removal proceedings.--A noncitizen may
seek judicial review of a denial or revocation of approval of
the noncitizen's application under section 245B, 245C, 245D,
245E, or 245F in the appropriate court of appeals of the United
States in conjunction with the judicial review of an order of
removal, deportation, or exclusion if the validity of the
denial or revocation has not been upheld in a prior judicial
proceeding under paragraph (1).
``(4) Standard for judicial review.--
``(A) Basis.--Judicial review of a denial or
revocation of approval of an application under section
245B, 245C, 245D, 245E, or 245F shall be based upon the
administrative record established at the time of the
review.
``(B) Authority to remand.--The reviewing court may
remand a case under this subsection to the Secretary of
Homeland Security (referred to in this subsection as
the `Secretary') for consideration of additional
evidence if the court finds that--
``(i) the additional evidence is material;
and
``(ii) there were reasonable grounds for
failure to adduce the additional evidence
before the Secretary.
``(C) Scope of review.--Notwithstanding any other
provision of law, judicial review of all questions
arising from a denial or revocation of approval of an
application under section 245B, 245C, 245D, 245E, or
245F shall be governed by the standard of review set
forth in section 706 of title 5, United States Code.
``(5) Remedial powers.--
``(A) Jurisdiction.--Notwithstanding any other
provision of law, 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 245B, 245C,
245D, 245E, 245F, or 245G that is arbitrary,
capricious, or otherwise contrary to law.
``(B) Scope of relief.--The district courts of the
United States may order any appropriate relief in a
cause or claim described in subparagraph (A) without
regard to exhaustion, ripeness, or other standing
requirements (other than constitutionally mandated
requirements), if the court determines that--
``(i) the resolution of such cause or claim
will serve judicial and administrative
efficiency; or
``(ii) a remedy would otherwise not be
reasonably available or practicable.
``(6) Challenges to the validity of the system.--
``(A) In general.--Except as provided in paragraph
(5), any claim that section 245B, 245C, 245D, 245E,
245F, or 245G, or any regulation, written policy,
written directive, or issued or unwritten policy or
practice initiated by or under the authority of the
Secretary to implement such sections, 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 paragraph.
``(B) Savings provision.--Except as provided in
subparagraph (C), nothing in subparagraph (A) may be
construed to preclude an applicant under section 245B,
245C, 245D, 245E, or 245F from asserting that an action
taken or a decision made by the Secretary with respect
to the applicant's status was contrary to law.
``(C) Class actions.--Any claim described in
subparagraph (A) that is brought as a class action
shall be brought in conformity with--
``(i) the Class Action Fairness Act of 2005
(Public Law 109-2; 119 Stat. 4); and
``(ii) the Federal Rules of Civil
Procedure.
``(D) Preclusive effect.--The final disposition of
any claim brought under subparagraph (A) shall be
preclusive of any such claim asserted by the same
individual in a subsequent proceeding under this
subsection.
``(E) Exhaustion and stay of proceedings.--
``(i) In general.--No claim brought under
this paragraph shall require the plaintiff to
exhaust administrative remedies under section
245G(g)(5).
``(ii) 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 action. In determining
whether to issue such a stay, the court shall
take into account any harm the stay may cause
to the claimant.''.
SEC. 1206. MODIFICATIONS TO NATURALIZATION PROVISIONS.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended--
(1) in section 316 (8 U.S.C. 1427), by adding at the end
the following:
``(g) For purposes of this chapter, the phrases `lawfully admitted
for permanent residence', `lawfully admitted to the United States for
permanent residence', and `lawful admission for permanent residence'
shall refer to a noncitizen who--
``(1) was granted the status of lawful permanent resident;
``(2) did not obtain such status through fraudulent
misrepresentation or fraudulent concealment of a material fact,
provided that the Secretary shall have the discretion to waive
the application of this paragraph; and
``(3) for good cause shown.''; and
(2) in section 319 (8 U.S.C. 1430)--
(A) in the section heading, by striking ``and
employees of certain nonprofit organizations'' and
inserting ``, employees of certain nonprofit
organizations, and other lawful residents''; and
(B) by adding at the end the following:
``(f) Notwithstanding section 316(a)(1), any lawful permanent
resident who was lawfully present in the United States and eligible for
employment authorization for not less than 3 years before becoming a
lawful permanent resident may be naturalized upon compliance with all
other requirements under this chapter.''.
SEC. 1207. 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 America', and for other
purposes'', approved March 24, 1976 (48 U.S.C. 1806), is amended--
(1) in subsection (b)(1)--
(A) by amending subparagraph (A) to read as
follows:
``(A) Nonimmigrant workers generally.--A
noncitizen, if otherwise qualified, may seek admission
to Guam or to the Commonwealth during the transition
program as a nonimmigrant worker under section
101(a)(15)(H) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H) without counting against the
numerical limitations set forth in section 214(g) of
such Act (8 U.S.C. 1184(g)).''; and
(B) in subparagraph (B)(i), by striking ``contact''
and inserting ``contract'';
(2) in subsection (e)--
(A) in paragraph (4), in the paragraph heading, by
striking ``aliens'' and inserting ``noncitizens''; and
(B) by amending paragraph (6) to read as follows:
``(6) Special provision regarding long-term residents of
the commonwealth.--
``(A) CNMI resident status.--A noncitizen described
in subparagraph (B) may, upon the application of the
noncitizen, be admitted in CNMI Resident status to the
Commonwealth subject to the following rules:
``(i) The noncitizen shall be treated as a
noncitizen lawfully admitted to the
Commonwealth only, including permitting entry
to and exit from the Commonwealth, until the
earlier of the date on which--
``(I) the noncitizen ceases to
reside in the Commonwealth; or
``(II) the noncitizen's status is
adjusted under section 245 of the
Immigration and Nationality Act (8
U.S.C. 1255) to that of a noncitizen
lawfully admitted for permanent
residence in accordance with all
applicable eligibility requirements.
``(ii) The Secretary of Homeland Security--
``(I) shall establish a process for
such noncitizen to apply for CNMI
Resident status during the 180-day
period beginning on the date that is 90
days after the date of the enactment of
the U.S. Citizenship Act;
``(II) may, in the Secretary's
discretion, authorize deferred action
or parole, as appropriate, with work
authorization, for such noncitizen
until the date of adjudication of the
noncitizen's application for CNMI
Resident status; and
``(III) in the case of a noncitizen
who has nonimmigrant status on the date
on which the noncitizen applies for
CNMI Resident status, the Secretary
shall extend such nonimmigrant status
and work authorization through the end
of the 180-day period described in
subclause (I) or the date of
adjudication of the noncitizen's
application for CNMI Resident status,
whichever is later.
``(iii) 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 entitled.
``(iv) A noncitizen granted status under
this paragraph shall be deemed a qualified
noncitizen under section 431 of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641) for
purposes of receiving relief during--
``(I) a major disaster declared by
the President under section 401 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5170);
``(II) an emergency declared by the
President under section 501 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5191); or
``(III) a national emergency
declared by the President under the
National Emergencies Act (50 U.S.C.
1601 et seq.).
``(v) A noncitizen granted status under
this paragraph--
``(I) subject to section 237(a)(8),
is subject to all grounds of
deportability under section 237 of the
Immigration and Nationality Act (8
U.S.C. 1227);
``(II) subject to section 212(c),
is subject to all grounds of
inadmissibility under section 212 of
the Immigration and Nationality Act (8
U.S.C. 1182) if seeking admission to
the United States at a port of entry in
the Commonwealth;
``(III) is inadmissible to the
United States at any port of entry
outside the Commonwealth, 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 Commonwealth,
which admission shall be considered an
admission to the Commonwealth;
``(IV) automatically shall lose
such status if the noncitizen travels
from the Commonwealth to any other
place in the United States, 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 purpose, and
the Secretary may in the Secretary's
discretion authorize the direct transit
of noncitizens with CNMI Resident
status through Guam to a foreign place;
``(V) shall be authorized to work
in the Commonwealth incident to status;
and
``(VI) shall be issued appropriate
travel documentation and evidence of
work authorization by the Secretary.
``(B) Noncitizens described.--A noncitizen is
described in this subparagraph if the noncitizen--
``(i) was lawfully present on June 25,
2019, or on December 31, 2018, in the
Commonwealth under the immigration laws of the
United States, including pursuant to a grant of
parole under section 212(d)(5) of the
Immigration and Nationality Act (8 U.S.C.
1182(d)(5)) or deferred action;
``(ii) subject to subsection (c) of section
212 of the Immigration and Nationality Act (8
U.S.C. 1182), is admissible as an immigrant to
the United States under that Act (8 U.S.C. 1101
et seq.), except that no immigrant visa is
required;
``(iii) except in the case of a noncitizen
who meets the requirements of subclause (III)
or (VI) of clause (v), resided continuously and
lawfully in the Commonwealth from November 28,
2009, through June 25, 2019;
``(iv) is not a citizen of the Republic of
the Marshall Islands, the Federated States of
Micronesia, or the Republic of Palau; and
``(v) in addition--
``(I) was born in the Northern
Mariana Islands between January 1,
1974, and January 9, 1978;
``(II) was, on November 27, 2009, a
permanent resident of the Commonwealth
(as defined in section 4303 of title 3
of the Northern Mariana Islands
Commonwealth Code, in effect on May 8,
2008);
``(III) is the spouse or child (as
defined in section 101(b)(1) of the
Immigration and Nationality Act (8
U.S.C. 1101(b)(1))) of a noncitizen
described in subclause (I), (II), (V),
(VI), or (VII);
``(IV) was, on November 27, 2011, a
spouse, child, or parent of a United
States citizen, notwithstanding the age
of the United States citizen, and
continues to have such family
relationship with the citizen on the
date of the application described in
subparagraph (A);
``(V) had a grant of parole under
section 212(d)(5) of the Immigration
and Nationality Act (8 U.S.C.
1182(d)(5)) on December 31, 2018, under
the former parole program for certain
in-home caregivers administered by
United States Citizenship and
Immigration Services;
``(VI) was admitted to the
Commonwealth as a Commonwealth Only
Transitional Worker during fiscal year
2015, and during every subsequent
fiscal year beginning before the date
of enactment of the Northern Mariana
Islands U.S. Workforce Act of 2018
(Public Law 115-218; 132 Stat. 1547);
or
``(VII) resided in the Northern
Mariana Islands as an investor under
Commonwealth immigration law, and is
currently a resident classified as a
CNMI-only nonimmigrant under section
101(a)(15)(E)(ii) of the Immigration
and Nationality Act (8 U.S.C.
1101(a)(15)(E)(ii)).
``(C) Authority of attorney general.--Beginning on
the first day of the 180-day period established by the
Secretary of Homeland Security under subparagraph
(A)(ii)(I), 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--
``(i) makes an initial application to the
Attorney General within such 180-day period; or
``(ii) applied to the Secretary of Homeland
Security during such 180-day period and before
being placed in removal proceedings, and the
Secretary denied the application.
``(D) Judicial review.--Notwithstanding any other
law, 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
implement, administer, or enforce this paragraph.
``(E) Procedure.--The requirements of chapter 5 of
title 5 (commonly referred to as the Administrative
Procedure Act), or any other law relating to
rulemaking, information collection, or publication in
the Federal Register shall not apply to any action to
implement, administer, or enforce this paragraph.
``(F) 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 5 years after the date of the
enactment of the U.S. Citizenship Act or 5 years after
the date on which CNMI Resident status is granted,
whichever is later.
``(G) Waiver of application deadline.--The
Secretary of Homeland Security may, in the Secretary's
sole and unreviewable discretion, accept an application
for CNMI Resident status submitted after the
application deadline if--
``(i) the applicant is eligible for CNMI
Resident status;
``(ii) 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
Secretary; and
``(iii) the application is received not
later than 90 days after the expiration of the
application deadline or the date on which
notice of rejection of the application is
submitted, whichever is later.'';
(3) by striking ``an alien'' each place it appears and
inserting ``a noncitizen'';
(4) by striking ``An alien'' each place it appears and
inserting ``A noncitizen'';
(5) by striking ``alien'' each place it appears and
inserting ``noncitizen'';
(6) by striking ``aliens'' each place it appears and
inserting ``noncitizens''; and
(7) by striking ``alien's'' each place it appears and
inserting ``noncitizen's''.
SEC. 1208. GOVERNMENT CONTRACTING AND ACQUISITION OF REAL PROPERTY
INTEREST.
(a) Exemption From Government Contracting and Hiring Rules.--
(1) In general.--A determination by a Federal agency to use
a procurement competition exemption under section 3304(a) of
title 41, United States Code, or to use the authority granted
in paragraph (2), 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 35 of title 31, United States Code, or to the
Court of Federal Claims, under section 1491 of title 28, United
States Code. An agency shall immediately advise Congress of the
exercise of the authority granted under this paragraph.
(2) Government contracting exemption.--The competition
requirement under section 3306 of title 41, United States Code,
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--
(A) determines that the waiver or modification is
necessary; and
(B) 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 Representatives.
(3) Hiring rules exemption.--
(A) In general.--Notwithstanding any other
provision of law, the Secretary is authorized to make
term, temporary limited, 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 employees, their ratio to permanent
full-time employees, and the duration of their
employment.
(B) Savings provision.--Nothing in chapter 71 of
title 5, United States Code, shall affect the authority
of any Department management official to hire term,
temporary limited, or part-time employees under this
paragraph.
(b) Authority To Acquire Leaseholds.--Notwithstanding any other
provision of law, the Secretary may acquire a leasehold interest in
real property, and may provide in a lease entered into under this
subsection for the construction or modification of any facility on the
leased property, if the Secretary determines that the acquisition of
such interest, and such construction or modification, are necessary in
order to facilitate the implementation of this title and the amendments
made by this title.
SEC. 1209. CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT.
(a) In General.--Section 208(e)(1) of the Social Security Act (42
U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``, or'' and
inserting a semicolon at the end;
(2) in subparagraph (C), by striking the comma at the end
and inserting a semicolon;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted status as a lawful prospective
immigrant under section 245B of the Immigration and
Nationality Act; or
``(E) whose status is adjusted to that of lawful
permanent resident under section 245C, 245D, 245E, or
245F of the Immigration and Nationality Act,''; and
(4) in the undesignated matter at the end, by inserting ``,
or in the case of a noncitizen described in subparagraph (D) or
(E), if such conduct is alleged to have occurred before the
date on which the noncitizen submitted an application under
section 245B, 245C, 245D, 245E, or 245F of such Act'' before
the period at the end.
(b) 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 Act.
TITLE II--ADDRESSING THE ROOT CAUSES OF MIGRATION AND RESPONSIBLY
MANAGING THE SOUTHERN BORDER
SEC. 2001. DEFINITIONS.
In this title:
(1) 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 making.
(2) Internally displaced persons.--The term ``internally
displaced persons'' means persons or groups of persons who--
(A) have been forced to leave their homes or places
of habitual residence because of armed conflict,
generalized violence, violations of human rights, or
natural or human-made disasters; and
(B) have not crossed an internationally recognized
border of a nation state.
(3) International protection.--The term ``international
protection'' means--
(A) asylum status;
(B) refugee status;
(C) protection under the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York December 10, 1984; and
(D) any other regional protection status available
in the Western Hemisphere.
(4) Large-scale, nonintrusive inspection system.--The term
``large-scale, nonintrusive inspection system'' means a
technology, including x-ray, gamma-ray, and passive imaging
systems, capable of producing an image of the contents of a
commercial or passenger vehicle or freight rail car in 1 pass
of such vehicle or car.
(5) 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 inspection.
(6) Scanning.--The term ``scanning'' means utilizing
nonintrusive imaging equipment, radiation detection equipment,
or both, to capture data, including images of a commercial or
passenger vehicle or freight rail car.
Subtitle A--Promoting the Rule of Law, Security, and Economic
Development in Central America
SEC. 2101. UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA.
(a) In General.--The Secretary of State shall implement a 4-year
strategy, to be known as the ``United States Strategy for Engagement in
Central America'' (referred to in this subtitle as the ``Strategy'')--
(1) to advance reforms in Central America; and
(2) to address the key factors contributing to the flight
of families, unaccompanied noncitizen children, and other
individuals from Central America to the United States.
(b) Elements.--The Strategy shall include efforts--
(1) to strengthen democratic governance, accountability,
transparency, and the rule of law;
(2) to combat corruption and impunity;
(3) to improve access to justice;
(4) to bolster the effectiveness and independence of
judicial systems and public prosecutors' offices;
(5) to improve the effectiveness of civilian police forces;
(6) to confront and counter the violence, extortion, and
other crimes perpetrated by armed criminal gangs, illicit
trafficking organizations, and organized crime, while
disrupting recruitment efforts by such organizations;
(7) to disrupt money laundering and other illicit financial
operations of criminal networks, armed gangs, illicit
trafficking organizations, and human smuggling networks;
(8) to promote greater respect for internationally
recognized human rights, labor rights, fundamental freedoms,
and the media;
(9) to protect the human rights of environmental defenders,
civil society activists, and journalists;
(10) to enhance accountability for government officials,
including police and security force personnel, who are credibly
alleged to have committed serious violations of human rights or
other crimes;
(11) to enhance the capability of governments in Central
America to protect and provide for vulnerable and at-risk
populations;
(12) to address the underlying causes of poverty and
inequality and the constraints to inclusive economic growth in
Central America; and
(13) to prevent and respond to endemic levels of sexual,
gender-based, and domestic violence.
(c) Coordination and Consultation.--In implementing the Strategy,
the Secretary of State shall--
(1) coordinate with the Secretary of the Treasury, the
Secretary of Defense, the Secretary, the Attorney General, the
Administrator of the United States Agency for International
Development, and the Chief Executive Officer of the United
States Development Finance Corporation; and
(2) consult with the Director of National Intelligence,
national and local civil society organizations in Central
America and the United States, and the governments of Central
America.
(d) Support for Central American Efforts.--To the degree feasible,
the Strategy shall support or complement efforts being carried out by
the Governments of El Salvador, of Guatemala, and of Honduras, in
coordination with bilateral and multilateral donors and partners,
including the Inter-American Development Bank.
SEC. 2102. SECURING SUPPORT OF INTERNATIONAL DONORS AND PARTNERS.
(a) Plan.--The Secretary of State shall implement a 4-year plan--
(1) to secure support from international donors and
regional partners to enhance the implementation of the
Strategy;
(2) 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 provided;
and
(3) to identify and describe the financial and technical
assistance to be provided by multilateral institutions,
including the Inter-American Development Bank, the World Bank,
the International Monetary Fund, the Andean Development
Corporation-Development Bank of Latin America, and the
Organization of American States.
(b) Diplomatic Engagement and Coordination.--The Secretary of
State, in coordination with the Secretary of the Treasury, as
appropriate, shall--
(1) carry out diplomatic engagement to secure contributions
of financial and technical assistance from international donors
and partners in support of the Strategy; and
(2) take all necessary steps to ensure effective
cooperation among international donors and partners supporting
the Strategy.
SEC. 2103. COMBATING CORRUPTION, STRENGTHENING THE RULE OF LAW, AND
CONSOLIDATING DEMOCRATIC GOVERNANCE.
The Secretary of State and the Administrator of the United States
Agency for International Development are authorized--
(1) to combat corruption in Central America by supporting--
(A) Inspectors General and oversight institutions,
including--
(i) support for multilateral support
missions for key ministries, including
ministries responsible for tax, customs,
procurement, and citizen security; and
(ii) relevant training for inspectors and
auditors;
(B) multilateral support missions against
corruption and impunity;
(C) civil society organizations conducting
oversight of executive and legislative branch officials
and functions, police and security forces, and judicial
officials and public prosecutors; and
(D) the enhancement of freedom of information
mechanisms;
(2) to strengthen the rule of law in Central America by
supporting--
(A) Attorney General offices, public prosecutors,
and the judiciary, including enhancing investigative
and forensics capabilities;
(B) independent, merit-based selection processes
for judges and prosecutors, independent internal
controls, and relevant ethics and professional
training, including training on sexual, gender-based,
and domestic violence;
(C) improved victim, witness, and whistleblower
protection and access to justice; and
(D) reforms to and the improvement of prison
facilities and management;
(3) to consolidate democratic governance in Central America
by supporting--
(A) reforms of civil services, related training
programs, and relevant laws and processes that lead to
independent, merit-based selection processes;
(B) national legislatures and their capacity to
conduct oversight of executive branch functions;
(C) reforms to, and strengthening of, political
party and campaign finance laws and electoral
tribunals;
(D) local governments and their capacity to provide
critical safety, education, health, and sanitation
services to citizens; and
(4) to defend human rights by supporting--
(A) human rights ombudsman offices;
(B) government protection programs that provide
physical protection and security to human rights
defenders, journalists, trade unionists,
whistleblowers, and civil society activists who are at
risk;
(C) civil society organizations that promote and
defend human rights, freedom of expression, freedom of
the press, labor rights, environmental protection, and
the rights of individuals with diverse sexual
orientations or gender identities; and
(D) civil society organizations that address
sexual, gender-based, and domestic violence, and that
protect victims of such violence.
SEC. 2104. COMBATING CRIMINAL VIOLENCE AND IMPROVING CITIZEN SECURITY.
The Secretary of State and the Administrator of the United States
Agency for International Development are authorized--
(1) to counter the violence and crime perpetrated by armed
criminal gangs, illicit trafficking organizations, and human
smuggling networks in Central America by providing assistance
to civilian law enforcement, including support for--
(A) the execution and management of complex, multi-
actor criminal cases;
(B) the enhancement of intelligence collection
capacity, and training on civilian intelligence
collection (including safeguards for privacy and basic
civil liberties), investigative techniques, forensic
analysis, and evidence preservation;
(C) community policing policies and programs;
(D) the enhancement of capacity to identify,
investigate, and prosecute crimes involving sexual,
gender-based, and domestic violence; and
(E) port, airport, and border security officials,
agencies and systems, including--
(i) the professionalization of immigration
personnel;
(ii) improvements to computer
infrastructure and data management systems,
secure communications technologies,
nonintrusive inspection equipment, and radar
and aerial surveillance equipment; and
(iii) assistance to canine units;
(2) to disrupt illicit financial networks in Central
America, including by supporting--
(A) finance ministries, including the imposition of
financial sanctions to block the assets of individuals
and organizations involved in money laundering or the
financing of armed criminal gangs, illicit trafficking
networks, human smuggling networks, or organized crime;
(B) financial intelligence units, including the
establishment and enhancement of anti-money laundering
programs; and
(C) the reform of bank secrecy laws;
(3) to assist in the professionalization of civilian police
forces in Central America by supporting--
(A) reforms with respect to personnel recruitment,
vetting, and dismissal processes, including the
enhancement of polygraph capability for use in such
processes;
(B) Inspectors General and oversight offices,
including relevant training for inspectors and
auditors, and independent oversight mechanisms, as
appropriate; and
(C) training and the development of protocols
regarding the appropriate use of force and human
rights;
(4) to improve crime prevention and to reduce violence,
extortion, child recruitment into gangs, and sexual slavery by
supporting--
(A) the improvement of child protection systems;
(B) the enhancement of programs for at-risk youth,
including the improvement of community centers and
programs aimed at successfully reinserting former gang
members;
(C) livelihood programming that provides youth and
other at-risk individuals with legal and sustainable
alternatives to gang membership;
(D) safe shelter and humanitarian responses for
victims of crime and internal displacement; and
(E) programs to receive and effectively reintegrate
repatriated migrants in El Salvador, Guatemala, and
Honduras.
SEC. 2105. COMBATING SEXUAL, GENDER-BASED, AND DOMESTIC VIOLENCE.
The Secretary of State and the Administrator of the United States
Agency for International Development are authorized to counter sexual,
gender-based, and domestic violence in Central American countries by--
(1) broadening engagement among national and local
institutions to address sexual, gender-based, and domestic
violence;
(2) supporting educational initiatives to reduce sexual,
gender-based, and domestic violence;
(3) supporting outreach efforts tailored to meet the needs
of women, girls, individuals of diverse sexual orientations or
gender identities, and other vulnerable individuals at risk of
violence and exploitation;
(4) formalizing standards of care and confidentiality at
police, health facilities, and other government facilities; and
(5) establishing accountability mechanisms for perpetrators
of violence.
SEC. 2106. 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--
(1) strengthening human capital by supporting--
(A) workforce development and entrepreneurship
training programs that are driven by market demand,
including programs that prioritize women, at-risk
youth, and indigenous communities;
(B) improving early-grade literacy, and primary and
secondary school curricula;
(C) relevant professional training for teachers and
educational administrators;
(D) educational policy reform and improvement of
education sector budgeting; and
(E) establishment and expansion of safe schools and
related facilities for children;
(2) enhancing economic competitiveness and investment
climate by supporting--
(A) small business development centers and programs
that strengthen supply chain integration;
(B) the improvement of protections for investors,
including dispute resolution and arbitration
mechanisms;
(C) trade facilitation and customs harmonization
programs; and
(D) reducing energy costs through investments in
clean technologies and the reform of energy policies
and regulations;
(3) strengthening food security by supporting--
(A) small and medium-scale sustainable agriculture,
including by providing technical training, improving
access to credit, and promoting policies and programs
that incentivize government agencies and private
institutions to buy from local producers;
(B) agricultural value chain development for
farming communities;
(C) nutrition programs to reduce childhood
malnutrition and stunting rates; and
(D) mitigation, adaptation, and recovery programs
in response to natural disasters and other external
shocks; and
(4) improving fiscal and financial affairs by supporting--
(A) domestic revenue generation, including programs
to improve tax administration, collection, and
enforcement;
(B) strengthening public sector financial
management, including strategic budgeting and
expenditure tracking; and
(C) reform of customs and procurement policies and
processes.
SEC. 2107. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES STRATEGY
FOR ENGAGEMENT IN CENTRAL AMERICA.
(a) In General.--There are authorized to be appropriated
$1,000,000,000 for each of the fiscal years 2024 through 2027 to carry
out the Strategy.
(b) Portion of Funding Available Without Condition.--The Secretary
of State or the Administrator of the United States Agency for
International Development, as appropriate, may obligate up to 50
percent of the amounts appropriated in each fiscal year pursuant to
subsection (a) to carry out the Strategy on the first day of the fiscal
year for which they are appropriated.
(c) Portion of Funding Available After Progress on Specific
Issues.--The remaining 50 percent of the amounts appropriated pursuant
to subsection (a) (after the obligations authorized under subsection
(b)) may only be made available for assistance to the Government of El
Salvador, of Guatemala, or of Honduras after the Secretary of State
consults with, and subsequently certifies and reports to, the Committee
on Foreign Relations of the Senate, the Committee on Appropriations of
the Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of the House of
Representatives that the respective government is taking effective
steps (in addition to steps taken during the previous calendar year)--
(1) to combat corruption and impunity, including
investigating and prosecuting government officials, military
personnel, and civilian police officers credibly alleged to be
corrupt;
(2) to implement reforms, policies, and programs to
strengthen the rule of law, including increasing the
transparency of public institutions and the independence of the
judiciary and electoral institutions;
(3) to protect the rights of civil society, opposition
political parties, trade unionists, human rights defenders, and
the independence of the media;
(4) to provide effective and accountable civilian law
enforcement and security for its citizens, and curtailing the
role of the military in internal policing;
(5) to implement policies to reduce poverty and promote
equitable economic growth and opportunity;
(6) to increase government revenues, including by enhancing
tax collection, strengthening customs agencies, and reforming
procurement processes;
(7) to improve border security and countering human
smuggling, criminal gangs, drug traffickers, and transnational
criminal organizations;
(8) to counter and prevent sexual and gender-based
violence;
(9) to inform its citizens of the dangers of the journey to
the southwest border of the United States;
(10) to resolve disputes involving the confiscation of real
property of United States entities; and
(11) to implement reforms to strengthen educational
systems, vocational training programs, and programs for at-risk
youth.
Subtitle B--Addressing Migration Needs by Strengthening Regional
Humanitarian Responses for Refugees and Asylum Seekers in the Western
Hemisphere and Strengthening Repatriation Initiatives
SEC. 2201. EXPANDING REFUGEE AND ASYLUM PROCESSING IN THE WESTERN
HEMISPHERE.
(a) Refugee Processing.--The Secretary of State, in coordination
with the Secretary, shall work with international partners, including
the United Nations High Commissioner for Refugees and international
nongovernmental organizations, 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--
(1) providing support and technical assistance to expand
and improve the capacity to identify, process, and adjudicate
refugee claims, adjudicate applications for asylum, or
otherwise accept refugees referred for resettlement by the
United Nations High Commissioner for Refugees or host nations,
including by increasing the number of refugee and asylum
officers who are trained in the relevant legal standards for
adjudicating claims for protection;
(2) establishing and expanding safe and secure locations to
facilitate the safe and orderly movement of individuals and
families seeking international protection;
(3) improving national refugee and asylum registration
systems to ensure that any person seeking refugee status,
asylum, or other humanitarian protections--
(A) receives due process and meaningful access to
existing humanitarian protections;
(B) is provided with adequate information about his
or her rights, including the right to seek protection;
(C) is properly screened for security, including
biographic and biometric capture; and
(D) receives appropriate documents to prevent fraud
and ensure freedom of movement and access to basic
social services; and
(4) 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 considered.
(b) Diplomatic Engagement and Coordination.--The Secretary of
State, in coordination with the Secretary, as appropriate, shall--
(1) carry out diplomatic engagement to secure commitments
from governments to resettle refugees from Central America; and
(2) take all necessary steps to ensure effective
cooperation among governments resettling refugees from Central
America.
SEC. 2202. FURTHER STRENGTHENING REGIONAL HUMANITARIAN RESPONSES IN THE
WESTERN HEMISPHERE.
The Secretary of State, in coordination with international
partners, including the United Nations High Commissioner for Refugees,
shall support and coordinate with the government of each country
hosting a significant population of refugees and asylum seekers from El
Salvador, Guatemala, and Honduras--
(1) to establish and expand temporary shelter and shelter
network capacity to meet the immediate protection and
humanitarian needs of refugees and asylum seekers, including
shelters for families, women, unaccompanied children, and other
vulnerable populations;
(2) to deliver gender-, trauma-, and age-sensitive
humanitarian assistance to refugees and asylum seekers,
including access to accurate information, legal representation,
education, livelihood opportunities, cash assistance, and
health care;
(3) to establish and expand sexual, gender-based, and
domestic violence prevention, recovery, and humanitarian
programming;
(4) to fund national- and community-led humanitarian
organizations in humanitarian response;
(5) 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 country;
and
(6) to support technical assistance for refugee relocation
and resettlement.
SEC. 2203. INFORMATION CAMPAIGN ON DANGERS OF IRREGULAR MIGRATION.
(a) In General.--The Secretary of State, in coordination with the
Secretary, shall design and implement public information campaigns in
El Salvador, Guatemala, Honduras, and other appropriate Central
American countries--
(1) to disseminate information about the potential dangers
of travel to the United States;
(2) to provide accurate information about United States
immigration law and policy; and
(3) to provide accurate information about the availability
of asylum, other humanitarian protections in countries in the
Western Hemisphere, and other legal means for migration.
(b) Elements.--The information campaigns implemented pursuant to
subsection (a), to the greatest extent possible--
(1) shall be targeted at regions with high levels of
outbound migration or significant populations of internally
displaced persons;
(2) shall be conducted in local languages;
(3) shall employ a variety of communications media,
including social media; and
(4) shall be developed in coordination with program
officials at the Department of Homeland Security, the
Department of State, and other government, nonprofit, or
academic entities in close contact with migrant populations
from El Salvador, Guatemala, and Honduras, including
repatriated migrants.
SEC. 2204. IDENTIFICATION, SCREENING, AND PROCESSING OF REFUGEES AND
OTHER INDIVIDUALS ELIGIBLE FOR LAWFUL ADMISSION TO THE
UNITED STATES.
(a) Designated Processing Centers.--
(1) In general.--The Secretary of State, in coordination
with the Secretary, shall establish designated processing
centers for the registration, screening, and processing of
refugees and other eligible individuals, and the resettlement
or relocation of these individuals to the United States or
other countries.
(2) Locations.--Not fewer than 1 designated processing
center shall be established in a safe and secure location
identified by the United States and the host government in--
(A) El Salvador;
(B) Guatemala;
(C) Honduras; and
(D) any other Central American country that the
Secretary of State considers appropriate to accept and
process requests and applications under this subtitle.
(b) Personnel.--
(1) 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 subtitle.
(2) Support personnel.--The Secretary and the Attorney
General shall hire and assign sufficient personnel to ensure,
absent exceptional circumstances, 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 180 days.
(c) Operations.--
(1) In general.--Absent extraordinary circumstances, each
designated processing center shall commence operations as
expeditiously as possible.
(2) Productivity and quality control.--The Secretary of
State, in coordination with the Secretary, 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 center.
SEC. 2205. REGISTRATION AND INTAKE.
(a) 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 State, in
coordination with the Secretary.
(b) Intake.--The designated processing center shall assess
registered individuals to determine the benefits for which they may be
eligible, including--
(1) refugee resettlement pursuant to the Central American
Refugee Program described in section 2206;
(2) the Central American Minors Program described in
section 2207; and
(3) the Central American Family Reunification Parole
Program described in section 2208.
(c) Expedited Processing.--The Secretary of State shall provide
expedited processing of applications and requests under this subtitle
in emergency situations, for humanitarian reasons, or if the Secretary
of State otherwise determines that circumstances warrant expedited
treatment.
SEC. 2206. CENTRAL AMERICAN REFUGEE PROGRAM.
(a) Processing at Designated Processing Centers.--
(1) In general.--Any individual who registers at a
designated processing center, expresses a fear of persecution
or an intention to apply for refugee status, and who is a
national of El Salvador, of Honduras, of Guatemala, 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 section.
Upon filing of a completed application, the applicant may be
referred to a refugee officer for further processing in
accordance with this section.
(2) Submission of biographic and biometric data.--An
applicant described in paragraph (1) shall submit biographic
and biometric data in accordance with procedures established by
the Secretary of State, in coordination with the Secretary. 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 impairment.
(3) Background checks.--The Secretary of State shall
utilize biometric, biographic, and other appropriate data to
conduct security and law enforcement background checks of
applicants to determine whether there is any criminal, national
security, or other ground that would render the applicant
ineligible for admission as a refugee under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157).
(4) Orientation.--The Secretary of State shall provide
prospective applicants for refugee resettlement with
information on applicable requirements and legal standards. All
orientation materials, including application forms and
instructions, shall be provided in English and Spanish.
(5) International organizations.--The Secretary of State,
in consultation with the Secretary, shall enter into agreements
with international organizations, including the United Nations
High Commissioner for Refugees, to facilitate the processing
and preparation of case files for applicants under this
section.
(b) Optional Referral to Other Countries.--
(1) 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 (2).
(2) Bilateral agreements for referral of refugees.--
(A) In general.--The Secretary of State, in
consultation with the Secretary, may enter into
bilateral agreements with other countries for the
referral, processing, and resettlement of individuals
who register at a designated processing center and seek
to apply for refugee resettlement under this section.
Such agreements shall be limited to countries with the
demonstrated capacity to accept and adjudicate
applications for refugee status and other forms of
international protection, and to resettle refugees
consistent with obligations under the Convention
Relating to the Status of Refugees, done at Geneva July
28, 1951, and made applicable by the Protocol Relating
to the Status of Refugees, done at New York January 31,
1967 (19 UST 6223).
(B) International organizations.--The Secretary of
State, in consultation with the Secretary, may enter
into agreements with international organizations,
including the United Nations High Commissioner for
Refugees, to facilitate the referral, processing, and
resettlement of individuals described in subparagraph
(A).
(c) Emergency Relocation Coordination.--The Secretary of State, in
coordination with the Secretary, 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 center, are deemed to face an
imminent risk of harm, and require temporary placement in a safe
location pending a final decision on an application under this section.
Such agreements may be developed in consultation with the United
Nations High Commissioner for Refugees and shall conform to
international humanitarian standards.
(d) Expansion of Refugee Corps.--Subject to the availability of
amounts provided in advance in appropriation Acts, the Secretary shall
appoint additional refugee officers as may be necessary to carry out
this section.
SEC. 2207. CENTRAL AMERICAN MINORS PROGRAM.
(a) Eligibility.--
(1) Petition.--If an assessment under section 2205(b)
results in a determination that a noncitizen is eligible for
special immigrant status in accordance with this subsection--
(A) the designated processing center that conducted
such assessment may accept a petition for such status
filed by the noncitizen, or on behalf of the noncitizen
by a parent or legal guardian; and
(B) subject to subsection (d), and notwithstanding
any other provision of law, the Secretary may provide
such noncitizen with status as a special immigrant
under section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)).
(2) Criteria.--A noncitizen shall be eligible under this
subsection if he or she--
(A) is a national of El Salvador, of Honduras, of
Guatemala, or of any other Central American country
whose nationals the Secretary has determined are
eligible for special immigrant status under this
section;
(B) is a child (as defined in section 101(b)(1) of
the Immigration and Nationality Act (8 U.S.C.
1101(b)(1))) of an individual who is lawfully present
in the United States; and
(C) is otherwise admissible to the United States
(excluding the grounds of inadmissibility specified in
section 212(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(4))).
(b) Minor Children.--Any child (as defined in section 101(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))) of a
noncitizen described in subsection (a) is entitled to special immigrant
status if accompanying or following to join such noncitizen.
(c) 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 (8 U.S.C. 1101 et seq.).
(d) Applicants Under Prior Central American Minors Refugee
Program.--
(1) In general.--The Secretary shall deem an application
filed under the Central American Minors Refugee Program,
established on December 1, 2014, and terminated on August 16,
2017, which was not the subject of a final disposition before
January 31, 2018, to be a petition filed under this section.
(2) Final determination.--Absent exceptional circumstances,
the Secretary shall make a final determination on applications
described in paragraph (1) not later than 180 days after the
date of the enactment of this Act.
(3) Notice.--The Secretary shall--
(A) promptly notify all relevant parties of the
conversion of an application described in paragraph (1)
into a special immigrant petition; and
(B) provide instructions for withdrawal of the
petition if the noncitizen does not want to proceed
with the requested relief.
(e) Biometrics and Background Checks.--
(1) 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 Secretary. An alternative
procedure shall be provided for applicants who are unable to
provide all required biometric data because of a physical or
mental impairment.
(2) Background checks.--The Secretary shall utilize
biometric, biographic, and other appropriate data to conduct
security and law enforcement background checks of petitioners
to determine whether there is any criminal, national security,
or other ground that would render the applicant ineligible for
special immigrant status under this section.
(3) Completion of background checks.--The security and law
enforcement background checks required under paragraph (2)
shall be completed, to the satisfaction of the Secretary,
before the date on which a petition for special immigrant
status under this section may be approved.
SEC. 2208. CENTRAL AMERICAN FAMILY REUNIFICATION PAROLE PROGRAM.
(a) Eligibility.--
(1) Application.--If an assessment under section 2205(b)
results in a determination that a noncitizen is eligible for
parole in accordance with this section--
(A) the designated processing center may accept a
completed application for parole filed by the
noncitizen, or on behalf of the noncitizen by a parent
or legal guardian; and
(B) the Secretary may grant parole under section
212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)) to such noncitizen.
(2) Criteria.--A noncitizen shall be eligible for parole
under this section if he or she--
(A) is a national of El Salvador, of Guatemala, of
Honduras, or of any other Central American country
whose nationals the Secretary has determined are
eligible for parole under this section;
(B) is the beneficiary of an approved immigrant
visa petition under section 203(a) of the Immigration
and Nationality Act (8 U.S.C. 1153(a)); and
(C) an immigrant visa is not immediately available
for the noncitizen, but is expected to be available
within a period designated by the Secretary.
(b) Biometrics and Background Checks.--
(1) 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 Secretary. An alternative
procedure shall be provided for applicants who are unable to
provide all required biometric data because of a physical or
mental impairment.
(2) Background checks.--The Secretary shall utilize
biometric, biographic, and other appropriate data to conduct
security and law enforcement background checks of applicants to
determine whether there is any criminal, national security, or
other ground that would render the applicant ineligible for
parole under this section.
(3) Completion of background checks.--The security and law
enforcement background checks required under paragraph (2)
shall be completed to the satisfaction of the Secretary before
the date on which an application for parole may be approved.
SEC. 2209. INFORMATIONAL CAMPAIGN; CASE STATUS HOTLINE.
(a) Informational Campaign.--The Secretary shall implement an
informational campaign, in English and Spanish, in the United States,
El Salvador, Guatemala, Honduras, and other appropriate Central
American countries to increase awareness of the programs authorized
under this subtitle.
(b) Case Status Hotline.--The Secretary shall establish a case
status hotline to provide confidential processing information on
pending cases.
Subtitle C--Managing the Border and Protecting Border Communities
SEC. 2301. EXPEDITING LEGITIMATE TRADE AND TRAVEL AT PORTS OF ENTRY.
(a) Technology Deployment Plan.--The Secretary is authorized to
develop and implement a plan to deploy technology--
(1) to expedite the screening of legitimate trade and
travel; and
(2) to enhance the ability to identify narcotics and other
contraband, at every land, air, and sea port of entry.
(b) Elements.--The technology deployment plan developed pursuant to
subsection (a) shall include--
(1) 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-scale, nonintrusive inspection systems or similar
technology before primary inspections booths to enhance border
security;
(2) a comprehensive description of the technologies and
improvements needed to facilitate legal travel and trade,
reduce wait times, and better identify contraband at land and
rail ports of entry, including--
(A) the specific steps the Secretary will take to
ensure, to the greatest extent practicable, that high-
throughput scanning technologies are deployed within 5
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 scanning; and
(B) the specific steps the Secretary will take to
increase the amount of cargo that is subject to
nonintrusive inspections systems at all ports of entry;
(3) a comprehensive description of the technologies and
improvements needed to enhance traveler experience, reduce
inspection and wait times, and better identify potential
criminals and terrorists at airports of entry;
(4) a comprehensive description of the technologies and
improvements needed--
(A) to enhance the security of maritime trade;
(B) to increase the percent of shipping containers
that are scanned; and
(C) to enhance the speed and quality of inspections
without adversely impacting trade flows;
(5) any projected impacts identified by the Commissioner of
U.S. Customs and Border Protection regarding--
(A) the number of commercial and passenger vehicles
and freight rail traffic entering at land ports of
entry and rail-border crossings;
(B) where such systems are in use; and
(C) the average wait times at peak and non-peak
travel times, by lane type (if applicable), as scanning
rates are increased;
(6) any projected impacts, as identified by the
Commissioner of U.S. Customs and Border Protection, regarding
border security operations at ports of entry as a result of
implementation actions, including any required changes to the
number of U.S. Customs and Border Protection officers or their
duties and assignments;
(7) any projected impact on--
(A) the ability of regular border crossers and
border community residents to cross the border
efficiently; and
(B) the privacy and civil liberties of border
community residents (as identified by medical
professionals), border community stakeholders
(including elected officials, educators, and business
leaders), and civil rights experts;
(8) 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 entry; and
(9) the estimated costs and an acquisition plan for
implementing the steps identified in the plan, including--
(A) achieving pre-primary, high-throughput scanning
at all feasible land and rail ports of entry within the
timeframes specified in paragraph (1);
(B) reducing passenger and pedestrian wait times;
(C) the acquisition, operations, and maintenance
costs for large-scale, nonintrusive inspection systems
and other technologies identified in the plan; and
(D) associated costs for any necessary
infrastructure enhancements or configuration changes at
each port of entry.
(c) Small Business Opportunities.--The acquisition plan required
under subsection (b)(9) shall promote, to the extent practicable,
opportunities for entities that qualify as small business concerns (as
defined under section 3(a) of the Small Business Act (15 U.S.C.
632(a))).
(d) Modernization of Port of Entry Infrastructure.--The Secretary
is authorized to develop and implement a plan that--
(1) identifies infrastructure improvements at ports of
entry that would--
(A) enhance the ability to process asylum seekers;
(B) facilitate daily pedestrian and vehicular trade
and traffic; and
(C) detect, interdict, disrupt, and prevent
fentanyl, other synthetic opioids, and other narcotics
and psychoactive substances and associated contraband
from entering the United States;
(2) describes circumstances in which effective technology
in use at certain ports of entry cannot be implemented at other
ports of entry, including--
(A) 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 States; and
(B) mitigation measures that could be implemented
at these ports of entry; and
(3) includes other improvements to infrastructure and
safety equipment that are needed to protect officers from
inclement weather, surveillance by smugglers, and accidental
exposure to narcotics or other dangers associated with the
inspection of potential drug traffickers.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such funds as may be necessary to implement the plans
required under this section.
SEC. 2302. DEPLOYING SMART TECHNOLOGY AT THE SOUTHERN BORDER.
(a) 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--
(1) to enhance situational awareness along the border; and
(2) to counter transnational criminal networks.
(b) Contents.--The smart technology strategy described in
subsection (a) shall include--
(1) a comprehensive assessment of the physical barriers,
levees, technologies, tools, and other devices that are
currently in use along the southern border of the United
States;
(2) the deployment of technology between ports of entry
that focuses on flexible solutions that can expand the ability
to detect illicit activity, evaluate the effectiveness of
border security operations, and be easily relocated, broken out
by U.S. Border Patrol sector;
(3) the specific steps that may be taken in each U.S.
Border Patrol sector during the next 5 years to identify
technology systems and tools that can help provide situational
awareness of the southern border;
(4) an explanation for why each technology, tool, or other
device was recommended to achieve and maintain situational
awareness of the southern border, including--
(A) the methodology used to determine which type of
technology, tool, or other device was recommended;
(B) a specific description of how each technology
will contribute to the goal of evaluating the
performance and identifying the effectiveness rate of
U.S. Border Patrol agents and operations; and
(C) a privacy evaluation of each technology, tool,
or other device that examines their potential impact on
border communities;
(5) cost-effectiveness calculations for each technology,
tool, or other device that will be deployed, including an
analysis of the cost per mile of border surveillance;
(6) a cost justification for each instance a more expensive
technology, tool, or other device is recommended over a less
expensive option in a given U.S. Border Patrol sector; and
(7) performance measures that can be used to evaluate the
effectiveness of each technology deployed and of U.S. Border
Patrol operations in each sector.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to implement this section.
SEC. 2303. INDEPENDENT OVERSIGHT ON PRIVACY RIGHTS.
The Office of the Inspector General for the Department of Homeland
Security shall conduct oversight to ensure that--
(1) the technology used by U.S. Customs and Border
Protection is--
(A) effective in serving a legitimate agency
purpose;
(B) the least intrusive means of serving such
purpose; and
(C) cost effective;
(2) guidelines are developed for using such technology to
ensure appropriate limits on data collection, processing,
sharing, and retention; and
(3) the Department of Homeland Security has consulted with
stakeholders, including affected border communities, in the
development of any plans to expand technology.
SEC. 2304. TRAINING AND CONTINUING EDUCATION.
(a) 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 U.S. Customs and Border Protection and U.S. Immigration and
Customs Enforcement receives training upon onboarding regarding
accountability, standards for professional and ethical conduct, and
oversight.
(b) Curriculum.--The training required under subsection (a) shall
include--
(1) best practices in community policing, cultural
awareness, and carrying out enforcement actions near sensitive
locations, responding to grievances, and how to refer
complaints to the Immigration Detention Ombudsman;
(2) interaction with vulnerable populations; and
(3) standards of professional and ethical conduct.
(c) Continuing Education.--
(1) In general.--The Secretary shall require all agents and
officers of U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement who are required to undergo
training under subsection (a) to participate in continuing
education.
(2) Constitutional authority subject matter.--Continuing
education required under paragraph (1) shall include training
regarding--
(A) the protection of the civil, constitutional,
human, and privacy rights of individuals; and
(B) use of force policies applicable to agents and
officers.
(3) Administration.--Courses offered as part of continuing
education under this subsection shall be administered in
coordination with the Federal Law Enforcement Training Centers.
(d) Medical Training for U.S. Border Patrol Agents.--
(1) In general.--Section 411 of the Homeland Security Act
of 2002 (6 U.S.C. 211) is amended--
(A) in subsection (l)--
(i) by striking ``The Commissioner'' and
inserting the following:
``(1) Continuing education.--The Commissioner''; and
(ii) by adding at the end the following:
``(2) Medical training for u.s. border patrol agents.--
``(A) In general.--
``(i) Availability.--Beginning not later
than 6 months after the date of the enactment
of the U.S. Citizenship Act, the Commissioner
shall make available, in each U.S. Border
Patrol sector, at no cost to U.S. Border Patrol
agents selected for such training, emergency
medical technician (referred to in this
paragraph as `EMT') and paramedic training,
including pediatric medical training, which
shall utilize nationally recognized pediatric
training curricula that includes emergency
pediatric care.
``(ii) Use of official duty time.--A U.S.
Border Patrol agent shall be credited with work
time for any EMT or paramedic training provided
to such agent under clause (i) in order to
achieve or maintain an EMT or paramedic
certification.
``(iii) Obligated overtime.--A U.S. Border
Patrol agent shall not accrue any debt of
obligated overtime hours that the agent may
have incurred, pursuant to section 5550(b) of
title 5, United States Code, in order to
achieve or maintain a paramedic certification.
``(iv) Lodging and per diem.--Lodging and
per diem shall be made available to U.S. Border
Patrol agents attending training described in
clause (i) if such training is not available at
a location within commuting distance of the
agent's residence or worksite.
``(v) Service commitment.--Any U.S. Border
Patrol agent who completes a certification
preparation program pursuant to clause (i)
shall--
``(I) complete 1 year of service as
a U.S. Border Patrol agent following
the completion of EMT training;
``(II) complete 3 years of service
as a U.S. Border Patrol agent following
the completion of paramedic training;
or
``(III) reimburse U.S. Customs and
Border Protection in an amount equal to
the product of--
``(aa) the cost of
providing such training to such
agent; multiplied by
``(bb) the percentage of
the service required under
subclauses (I) and (II) that
the agent failed to complete.
``(B) Increase in rate of pay for border patrol
medical certification.--
``(i) EMT certification.--A U.S. Border
Patrol agent who has completed EMT training
pursuant to subparagraph (A)(i) and has a
current, State-issued or State-recognized
certification as an EMT shall receive, in
addition to the pay to which the agent is
otherwise entitled under this section, an
amount equal to 5 percent of such pay.
``(ii) Paramedic certification.--A U.S.
Border Patrol agent who has completed paramedic
training pursuant to subparagraph (A)(i) and
has a current, State-issued or State-recognized
certification as a paramedic shall receive, in
addition to the pay to which the agent is
otherwise entitled under this section (except
for subparagraph (A)), an amount equal to 10
percent of such pay.
``(iii) Existing certifications.--A U.S.
Border Patrol agent who did not participate in
the training made available pursuant to
subparagraph (A)(i), but, as of the date of the
enactment of the U.S. Citizenship Act, has a
current State-issued or State-recognized EMT or
paramedic certification, shall receive, in
addition to the pay to which the agent is
otherwise entitled under this section
(excluding the application of clause (i) and
(ii)), an amount equal to--
``(I) 5 percent of such pay for an
EMT certification; and
``(II) 10 percent of such pay for a
paramedic certification.
``(C) Availability of medically trained border
patrol agents.--Not later than 6 months after the date
of the enactment of the U.S. Citizenship Act, the
Commissioner of U.S. Customs and Border Protection
shall--
``(i) ensure that--
``(I) U.S. Border Patrol agents
with current EMT or paramedic
certifications are stationed at each
U.S. Border Patrol sector and remote
station along the southern border to
the greatest extent possible;
``(II) not fewer than 10 percent of
all U.S. Border Patrol agents assigned
to each U.S. Border Patrol sector have
EMT certifications; and
``(III) not fewer than 1 percent of
all U.S. Border Patrol agents assigned
to each U.S. Border Patrol sector have
paramedic certifications; and
``(ii) in determining the assigned posts of
U.S. Border Patrol agents who have received
training under subparagraph (A)(i), give
priority to remote stations and forward
operating bases.
``(D) Medical supplies.--
``(i) Minimum list.--The Commissioner of
U.S. Customs and Border Protection shall
provide minimum medical supplies to each U.S.
Border Patrol agent with an EMT or paramedic
certification and to each U.S. Border Patrol
sector, including all remote stations and
forward operating bases, for use while on
patrol, including--
``(I) supplies designed for
children;
``(II) first aid kits; and
``(III) oral hydration, such as
water.
``(ii) Consultation.--In developing the
minimum list of medical supplies required under
clause (i), the Commissioner shall consult
national organizations with expertise in
emergency medical care, including emergency
medical care of children.
``(E) Motor vehicles.--The Commissioner of U.S.
Customs and Border Protection shall make available
appropriate motor vehicles to U.S. Border Patrol agents
with current EMT or paramedic certifications to enable
them to provide necessary emergency medical assistance.
``(F) GAO report.--Not later than 3 years after the
date of the enactment of the U.S. Citizenship Act, the
Comptroller General of the United States shall--
``(i) review the progress of the U.S.
Customs and Border Protection's promotion in
reaching the goal of up to 10 percent of all
U.S. Border Patrol agents having EMT or
paramedic certifications; and
``(ii) provide a recommendation to Congress
as to whether--
``(I) the Commissioner of U.S.
Customs and Border Protection has
effectively and vigorously undertaken
an agency-wide effort to encourage and
promote the mandate for medical
training for U.S. Border Patrol agents
under this paragraph;
``(II) additional incentive
modifications are needed to achieve or
maintain the goal, including pay
differentials; and
``(III) the 10 percent goal is
properly scoped to materially
contribute to the preservation of life
and the effectiveness and efficiency of
U.S. Border Patrol operations,
including whether the number is too
high or too low.''; and
(B) in subsection (r), by striking ``section, the
terms'' and inserting the following: ``section--
``(1) the term `child' means any individual who has not
reached 18 years of age; and
``(2) the terms''.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
section 411(l)(2) of the Homeland Security Act of 2002, as
added by paragraph (1).
(e) Identifying and Treating Individuals Experiencing Medical
Distress.--
(1) Online training.--
(A) In general.--Beginning on the date that is 90
days after the date of the enactment of this Act, the
Commissioner of U.S. Customs and Border Protection
shall require all U.S. Border Patrol agents, including
agents with EMT or paramedic certification, to complete
an online training program that meets nationally
recognized standards for the medical care of children
to enable U.S. Border Patrol agents--
(i) to identify common signs of medical
distress in children; and
(ii) to ensure the timely transport of sick
or injured children to an appropriate medical
provider.
(B) Contract.--In developing or selecting an online
training program under subparagraph (A), the
Commissioner may enter into a contract with a national
professional medical association of pediatric medical
providers.
(2) Voice access to medical professionals.--
(A) In general.--The Commissioner of U.S. Customs
and Border Protection shall ensure that all remote U.S.
Border Patrol stations, forward operating bases, and
remote ports of entry along the southern border of the
United States have 24-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 individuals, including
children, taken into custody near the United States
border.
(B) Acceptable means of access.--Access under
subparagraph (A) may be accomplished through mobile
phones, satellite mobile radios, or other means
prescribed by the Commissioner.
(f) Commercial Driver Program.--
(1) Establishment.--The Commissioner of U.S. Customs and
Border Protection shall establish a program to expedite
detainee transport to border patrol processing facilities by
ensuring, beginning not later than 1 year after the date of the
enactment of this Act, that--
(A) not fewer than 300 U.S. Border Patrol agents
assigned to remote U.S. Border Patrol stations have a
commercial driver's license with a passenger
endorsement for detainee transport;
(B) in each of the El Paso, Laredo, Rio Grande
Valley, San Diego, Yuma, and Tucson U.S. Border Patrol
Sectors--
(i) not fewer than 5 U.S. Border Patrol
agents with a commercial driver's license are
available during every shift; and
(ii) not fewer than 3 buses are assigned to
the sector; and
(C) in each of the Big Bend, Del Rio, and El Centro
U.S. Border Patrol Sectors--
(i) not fewer than 2 U.S. Border Patrol
agents with a commercial driver's license are
available during every shift; and
(ii) not fewer than 1 bus is assigned to
the sector.
(2) Relocation.--Buses assigned to specific U.S. Border
Patrol sectors pursuant to paragraph (1) may be relocated to
other sectors in response to changing patterns.
(3) Reducing wait times at remote u.s. border patrol
stations.--The Commissioner of U.S. Customs and Border
Protection shall ensure that sufficient buses are available in
each U.S. Border Patrol sector to avoid subjecting detainees to
long wait times at remote border patrol stations.
(4) Use of official duty time.--A U.S. Border Patrol agent
shall be credited with work time for the process of obtaining
and maintaining a commercial driver's license under paragraph
(1).
(5) Reports to congress.--The Secretary shall submit
quarterly reports regarding the average length of detainees'
stay at U.S. Border Patrol stations to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
SEC. 2305. 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 Secretary, under section 102(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (division C
of Public Law 104-208; 8 U.S.C. 1103 note), to waive otherwise
applicable legal requirements to expedite the construction of barriers
and roads near United States borders, including the impact of such
waiver on the environment, Indian lands, and border communities.
SEC. 2306. ESTABLISHMENT OF BORDER COMMUNITY STAKEHOLDER ADVISORY
COMMITTEE.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after
section 415 the following:
``SEC. 416. BORDER COMMUNITY STAKEHOLDER ADVISORY COMMITTEE.
``(a) Definitions.--In this section:
``(1) Advisory committee.--The term `Advisory Committee'
means the Border Community Stakeholder Advisory committee
established pursuant to subsection (b).
``(2) 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 States, including--
``(A) an individual who owns land within 10 miles
of an international land border of the United States;
``(B) a business leader of a company operating
within 100 miles of a land border of the United States;
``(C) a local official from a community on a land
border of the United States;
``(D) a representative of an Indian Tribe
possessing Tribal lands on a land border of the United
States; and
``(E) a representative of a human rights or civil
rights organization operating near a land border of the
United States.
``(b) Establishment.--The Secretary shall establish, within the
Department, the Border Community Stakeholder Advisory Committee.
``(c) Duties.--
``(1) In general.--The Secretary shall consult with the
Advisory Committee, as appropriate, regarding border security
and immigration enforcement matters, including on the
development, refinement, and implementation of policies,
protocols, programs, and rulemaking pertaining to border
security and immigration enforcement that may impact border
communities.
``(2) Recommendations.--The Advisory Committee shall
develop, at the request of the Secretary, recommendations
regarding policies, protocols, programs, and rulemaking
pertaining to border security and immigration enforcement that
may impact border communities.
``(d) Membership.--
``(1) Appointment.--
``(A) In general.--The Secretary shall appoint the
members of the Advisory Committee.
``(B) Composition.--The Advisory Committee shall be
composed of--
``(i) 1 border community stakeholder from
each of the 9 U.S. Border Patrol sectors; and
``(ii) 3 individuals with significant
expertise and experience in immigration law,
civil rights, and civil liberties, particularly
relating to the interests of residents of
border communities.
``(2) Term of office.--
``(A) Terms.--The term of each member of the
Advisory Committee shall be 2 years. The Secretary may
reappoint members for additional terms.
``(B) Removal.--The Secretary may review the
participation of a member of the Advisory Committee and
remove such member for cause at any time.
``(3) Prohibition on compensation.--The members of the
Advisory Committee may not receive pay, allowances, or benefits
from the Federal Government by reason of their service on the
Advisory Committee.
``(4) Meetings.--
``(A) In general.--The Secretary shall require the
Advisory Committee to meet at least semiannually and
may convene additional meetings as necessary.
``(B) Public meetings.--At least 1 of the meetings
described in subparagraph (A) shall be open to the
public.
``(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at each
meeting.
``(5) Member access to sensitive security information.--
``(A) Access.--If the Secretary determines that
there is no cause to restrict a member of the Advisory
Committee from possessing sensitive security
information, the member may be granted access to such
information that is relevant to the member's advisory
duties after voluntarily signing a nondisclosure
agreement.
``(B) Restrictions on use.--The member shall
protect the sensitive security information referred to
in subparagraph (A) in accordance with part 1520 of
title 49, Code of Federal Regulations.
``(6) Chairperson.--A stakeholder representative on the
Advisory Committee who is elected by the appointed membership
of the Advisory Committee shall chair the Advisory Committee.
``(e) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee or any of its
subcommittees.''.
(b) Appropriations.--There are authorized to be appropriated such
sums as may be necessary to implement this section.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296) is amended by
inserting after the item relating to section 415 the following:
``Sec. 416. Border Community Stakeholder Advisory Committee.''.
SEC. 2307. RESCUE BEACONS.
Section 411(o) of the Homeland Security Act of 2002 (6 U.S.C.
211(o)) is amended by adding at the end the following:
``(3) Rescue beacons.--Beginning on October 1, 2023, in
carrying out subsection (c)(8), the Commissioner shall
purchase, deploy, and maintain additional self-powering, 9-1-1
cellular relay rescue beacons along the southern border of the
United States at appropriate locations, as determined by the
Commissioner, to effectively mitigate migrant deaths.''.
SEC. 2308. USE OF FORCE.
(a) Department of Homeland Security Policies.--
(1) Issuance.--The Secretary, in coordination with the
Assistant Attorney General for the Civil Rights, shall issue
policies governing the use of force by all Department of
Homeland Security personnel.
(2) Consultation requirement.--In developing policies
pursuant to paragraph (1), the Secretary shall consult with law
enforcement and civil rights organizations to ensure that such
policies--
(A) focus law enforcement efforts and tactics on
protecting public safety and national security that are
consistent with our Nation's values; and
(B) leverage best practices and technology to
provide such protection.
(b) Public Reporting.--Not later than 24 hours after any use-of-
force incident that results in serious injury to, or the death of, an
officer, agent, or member of the public, the Secretary shall--
(1) make the facts of such incident public; and
(2) comply fully with the requirements set forth in section
3 of the Death in Custody Reporting Act of 2013 (42 U.S.C.
13727a).
SEC. 2309. OFFICE OF PROFESSIONAL RESPONSIBILITY.
(a) In General.--The Commissioner of U.S. Customs and Border
Protection shall hire, train, and assign sufficient Office of
Professional Responsibility special agents to ensure that there is 1
such special agent for every 30 officers to investigate criminal and
administrative matters and misconduct by officers and other employees
of U.S. Customs and Border Protection.
(b) Contracts.--The Commissioner is authorized to enter into such
contracts as may be necessary to carry out this section.
Subtitle D--Improving Border Infrastructure for Families and Children;
Cracking Down on Criminal Organizations
SEC. 2401. HUMANITARIAN AND MEDICAL STANDARDS FOR INDIVIDUALS IN U.S.
CUSTOMS AND BORDER PROTECTION CUSTODY.
(a) In General.--The Secretary, in coordination with the Secretary
of Health and Human Services, and in consultation with nongovernmental
experts in the delivery of humanitarian response and health care, shall
develop guidelines and protocols for basic minimum standards of care
for individuals in the custody of U.S. Customs and Border Protection.
(b) Issues Addressed.--The guidelines and protocols described in
subsection (a) shall ensure that the staffing, physical facilities,
furnishings, and supplies are adequate to provide each detainee with
appropriate--
(1) medical care, including initial health screenings and
medical assessments;
(2) water, sanitation, and hygiene;
(3) food and nutrition;
(4) clothing and shelter;
(5) quiet, dimly illuminated sleeping quarters if he or she
is detained overnight;
(6) information about available services and legal rights,
in the common language spoken by the detainee, and access to a
telephone; and
(7) freedom to practice the detainee's religion.
SEC. 2402. CHILD WELFARE AT THE BORDER.
(a) Guidelines.--The Secretary, in consultation with appropriate
Federal, State, and local government officials, pediatricians, and
child welfare experts and private sector agencies, shall develop
additional guidelines for the treatment of children in the custody of
U.S. Customs and Border Protection.
(b) Guiding Principle.--The guiding principle of the guidelines
developed pursuant to subsection (a) shall be ``the best interest of
the child'' and shall include--
(1) 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
children;
(2) ensuring the availability of qualified child welfare
professionals and licensed medical professionals, as
appropriate;
(3) a reliable system for identifying and reporting
allegations of child abuse or neglect;
(4) 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 laws;
(5) reasonable arrangements for unannounced visits and
inspections by the Office of Inspector General of the
Department of Homeland Security, nongovernmental organizations,
and State and local child welfare agencies; and
(6) the preservation of all records associated with
children in the custody of the Department of Homeland Security,
including records of--
(A) the identities of the children;
(B) any known family members of the children; and
(C) reported incidents of abuse of the children
while in custody.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to implement this section.
SEC. 2403. OFFICE OF INSPECTOR GENERAL OVERSIGHT.
Not later than 6 months after the date of the enactment of this Act
and every 6 months thereafter, the Inspector General of the Department
of Homeland Security, in coordination with the Secretary of Health and
Human Services, shall submit a report to the appropriate congressional
committees regarding--
(1) the status of the implementation of sections 2401 and
2402; and
(2) findings made after announced and unannounced
inspections to Department of Homeland Security facilities.
SEC. 2404. 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 migrants, asylum seekers, and
unaccompanied children and operating at the southwestern border of the
United States, including the continuation and expansion of anti-
trafficking coordination teams.
SEC. 2405. ENHANCED PENALTIES FOR ORGANIZED SMUGGLING SCHEMES.
(a) In General.--Section 274(a)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively;
(2) by inserting after clause (ii) the following:
``(iii) in the case of a violation of subparagraph (A)(i)
during and in relation to which the person, while acting for
profit or other financial gain, knowingly directs or
participates in a scheme to cause 10 or more persons (other
than a parent, spouse, sibling, son or daughter, grandparent,
or grandchild of the offender) 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
Secretary, be fined under title 18, United States Code,
imprisoned not more than 15 years, or both;''; and
(3) in clause (iv), as redesignated, by inserting ``commits
or attempts to commit sexual assault of,'' after ``section 1365
of title 18, United States Code) to,''.
(b) Bulk Cash Smuggling.--Section 5332(b)(1) of title 31, United
States Code, is amended--
(1) in the paragraph heading, by striking ``Term of
imprisonment.--'' and inserting ``In general.--''; and
(2) by inserting ``, fined under title 18, or both'' after
``5 years''.
SEC. 2406. EXPANDING FINANCIAL SANCTIONS ON NARCOTICS TRAFFICKING AND
MONEY LAUNDERING.
(a) Financial Sanctions Expansion.--The Secretary of the Treasury,
the Attorney General, the Secretary of State, the Secretary of Defense,
and the Director of Central Intelligence shall expand investigations,
intelligence collection, and analysis pursuant to the Foreign Narcotics
Kingpin Designation Act (21 U.S.C. 1901 et seq.) to increase the
identification and application of sanctions against--
(1) significant foreign narcotics traffickers and their
organizations and networks; and
(2) foreign persons, including government officials, who
provide material, financial, or technological support to such
traffickers, organizations, or networks.
(b) Specific Targets.--The activities described in subsection (a)
shall specifically target foreign narcotics traffickers, their
organizations and networks, and the foreign persons, including
government officials, who provide material, financial, or technological
support to such traffickers, organizations, and networks that are
present and operating in Central America.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out subsection (a).
SEC. 2407. SUPPORT FOR TRANSNATIONAL ANTI-GANG TASK FORCES FOR
COUNTERING CRIMINAL GANGS.
The Director of the Federal Bureau of Investigation, the Director
of the Drug Enforcement Administration, and the Secretary, in
coordination with the Secretary of State, shall expand the use of
transnational task forces that seek to address transnational crime
perpetrated by gangs in El Salvador, Guatemala, Honduras, and any other
identified country by--
(1) expanding transnational criminal investigations focused
on criminal gangs in identified countries, such as MS-13 and
18th Street;
(2) expanding training and partnership efforts with law
enforcement entities in identified countries to disrupt and
dismantle criminal gangs, both internationally and in their
respective countries;
(3) establishing or expanding gang-related investigative
units;
(4) collecting and disseminating intelligence to support
related United States-based investigations; and
(5) expanding programming related to gang intervention and
prevention for at-risk youth.
SEC. 2408. HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.
(a) Personnel and Structures.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after
section 274D the following:
``SEC. 274E. HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.
``(a) Illicit Spotting.--
``(1) In general.--It shall be unlawful to knowingly
surveil, track, monitor, or transmit the location, movement, or
activities of any officer or employee of a Federal, State, or
Tribal law enforcement agency with the intent--
``(A) to gain financially; and
``(B) to violate--
``(i) the immigration laws;
``(ii) the customs and trade laws of the
United States (as defined in section 2(4) of
the Trade Facilitation and Trade Enforcement
Act of 2015 (Public Law 114-125));
``(iii) any other Federal law relating to
transporting controlled substances,
agriculture, or monetary instruments into the
United States; or
``(iv) any Federal law relating to border
controls measures of the United States.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under title 18, United States Code, imprisoned for not
more than 5 years, or both.
``(b) Destruction of United States Border Controls.--
``(1) In general.--It shall be unlawful to knowingly and
without lawful authorization--
``(A) destroy or significantly damage any fence,
barrier, sensor, camera, or other physical or
electronic device deployed by the Federal Government to
control an international border of, or a port of entry
to, the United States; or
``(B) otherwise construct, excavate, or make any
structure intended to defeat, circumvent or evade such
a fence, barrier, sensor camera, or other physical or
electronic device deployed by the Federal Government to
control an international border of, or a port of entry
to, the United States.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under title 18, United States Code, imprisoned for not
more than 5 years, or both.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 274D the following:
``Sec. 274E. Hindering immigration, border, and customs controls.''.
TITLE III--REFORM OF THE IMMIGRANT VISA SYSTEM
Subtitle A--Promoting Family Reunification
SEC. 3101. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.
(a) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c)
of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to
read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--
``(1) In general.--The worldwide level of family-sponsored
immigrants under this subsection for a fiscal year is equal to
the sum of--
``(A) 480,000;
``(B) the number computed under paragraph (2); and
``(C) the number computed under paragraph (3).
``(2) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level of employment-based
immigrant visas established for the previous fiscal
year; and
``(B) the number of visas issued under section
203(b) during the previous fiscal year.
``(3) Unused visa numbers from fiscal years 1992 through
2022.--The number computed under this paragraph is the
difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels of
family-sponsored immigrant visas established
for fiscal years 1992 through 2022; and
``(ii) the number of visas issued under
section 203(a) during such fiscal years; and
``(B) the number of visas resulting from the
calculation under subparagraph (A) that were issued
after fiscal year 2022 under section 203(a).''.
(b) Worldwide Level of Employment-Based Immigrants.--Section 201(d)
of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to
read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--The worldwide level of employment-based
immigrants under this subsection for a fiscal year is equal to
the sum of--
``(A) 170,000;
``(B) the number computed under paragraph (2); and
``(C) the number computed under paragraph (3).
``(2) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level of family-sponsored
immigrant visas established for the previous fiscal
year; and
``(B) the number of visas issued under section
203(a) during the previous fiscal year.
``(3) Unused visa numbers from fiscal years 1992 through
2022.--The number computed under this paragraph is the
difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels of
employment-based immigrant visas established
for each of fiscal years 1992 through 2022; and
``(ii) the number of visas issued under
section 203(b) during such fiscal years; and
``(B) the number of visas resulting from the
calculation under subparagraph (A) that were issued
after fiscal year 2022 under section 203(b).''.
(c) Effective Date.--The amendments made by this section shall
apply to each fiscal year beginning with fiscal year 2024.
SEC. 3102. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LAWFUL
PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.
(a) In General.--Section 201(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)) is amended to read as follows:
``(2) Immediate relatives.--
``(A) In general.--
``(i) Immediate relative defined.--In this
Act, the term `immediate relative' includes--
``(I) a child, spouse, and parent
of a citizen of the United States,
except that, in the case of parents,
such citizen of the United States shall
be at least 21 years of age;
``(II) a child or spouse of a
lawful permanent resident; and
``(III) for each family member of a
citizen of the United States or lawful
permanent resident described in
subclauses (I) and (II), the family
member's spouse or child who is
accompanying or following to join the
family member.
``(ii) Previously issued visa.--A
noncitizen admitted under section 211(a) on the
basis of a prior issuance of a visa under
section 203(a) to his or her immediate relative
accompanying parent is an immediate relative.
``(iii) 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 204(a)(1)(A)(ii) not
later than 2 years after such date or before
attaining 21 years of age.
``(iv) Spouses.--A noncitizen who was the
spouse of a citizen of the United States or
lawful permanent resident for not less than 2
years on the date of death of the United States
citizen or lawful permanent resident (or, if
married for less than 2 years on such date,
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 date) and each child of such noncitizen
shall be considered, for purposes of this
subsection, an immediate relative after such
date if the spouse files a petition under
section 204(a)(1)(A)(ii) before the date on
which the spouse remarries.
``(v) Special rule.--For purposes of this
subparagraph, a noncitizen who has filed a
petition under clause (iii) or (iv) of section
204(a)(1)(A) 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 abuse.
``(B) Birth during temporary visit abroad.--A
noncitizen born to a lawful permanent resident during a
temporary visit abroad is an immediate relative.''.
(b) Allocation of Immigrant Visas.--Section 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended--
(1) in paragraph (1), by striking ``23,400'' and inserting
``26.5 percent of such worldwide level'';
(2) by striking paragraph (2) and inserting the following:
``(2) Unmarried sons and unmarried daughters of lawful
permanent residents.--Qualified immigrants who are the
unmarried sons or unmarried daughters (but are not the
children) of lawful permanent residents shall be allocated
visas in a number not to exceed 16.8 percent of such worldwide
level, plus any visas not required for the class specified in
paragraph (1).'';
(3) in paragraph (3), by striking ``23,400'' and inserting
``16.8 percent of such worldwide level''; and
(4) in paragraph (4), by striking ``65,000'' and inserting
``39.9 percent of such worldwide level''.
(c) Conforming Amendments.--
(1) Rules for determining whether certain noncitizens are
immediate relatives.--Section 201(f) of the Immigration and
Nationality Act (8 U.S.C. 1151(f)) is amended--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3),'' and inserting ``paragraph (2),'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (3), as redesignated by
subparagraph (C), by striking ``through (3)'' and
inserting ``and (2)''.
(2) Allocation of immigration visas.--Section 203(h) of the
Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``subsections (a)(2)(A) and
(d)'' and inserting ``subsection (d)'';
(ii) in subparagraph (A), by striking
``becomes available for such noncitizen (or, in
the case of subsection (d), the date on which
an immigrant visa number became available for
the noncitizen's parent),'' and inserting
``became available for the noncitizen's
parent,''; and
(iii) in subparagraph (B), by striking
``applicable'';
(B) by amending paragraph (2) to read as follows:
``(2) Petition described.--The petition described in this
paragraph is a petition filed under section 204 for
classification of a noncitizen's parent under subsection (a),
(b), or (c).''; and
(C) in paragraph (3), by striking ``subsections
(a)(2)(A) and (d)'' and inserting ``subsection (d)''.
(3) Procedure for granting immigrant status.--Section 204
of the Immigration and Nationality Act (8 U.S.C. 1154) is
amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting
``or lawful permanent resident'' after
``citizen of the United States'';
(II) in clause (ii), by striking
``described in the second sentence of
section 201(b)(2)(A)(i) also'' and
inserting ``, noncitizen child, or
noncitizen parent described in section
201(b)(2)(A)'';
(III) in clause (iii)--
(aa) in subclause (I)(aa),
by inserting ``or lawful
permanent resident'' after
``citizen''; and
(bb) in subclause
(II)(aa)--
(AA) in subitems
(AA) and (BB), by
inserting ``or lawful
permanent resident;''
after ``citizen of the
United States'' each
place it appears; and
(BB) in subitem
(CC), by inserting ``or
lawful permanent
resident'' after
``United States
citizen'' each place it
appears and by
inserting ``or lawful
permanent resident''
after ``citizenship'';
(IV) in clause (iv)--
(aa) by striking ``citizen
of the United States'' and
inserting ``United States
citizen or lawful permanent
resident parent'';
(bb) by inserting ``or
lawful permanent resident''
after ``United States
citizen'';
(cc) by inserting ``or
lawful permanent resident''
after ``citizenship'';
(dd) by striking ``citizen
parent may'' and inserting
``United States citizen or
lawful permanent resident
parent may'';
(ee) by striking ``citizen
parent.'' and inserting
``United States citizen or
lawful permanent resident
parent.''; and
(ff) by striking
``residence includes'' and
inserting ``residence with a
parent includes'';
(V) in clause (v)(I), by inserting
``or lawful permanent resident'' after
``citizen'';
(VI) in clause (vi)--
(aa) by inserting ``or
lawful permanent resident
status'' after ``renunciation
of citizenship''; and
(bb) by inserting ``or
lawful permanent resident''
after ``abuser's citizenship'';
and
(VII) in clause (viii)(I)--
(aa) by striking ``citizen
of the United States'' and
inserting ``United States
citizen or lawful permanent
resident''; and
(bb) by inserting ``or
lawful permanent resident''
after ``the citizen'';
(ii) by striking subparagraph (B);
(iii) in subparagraph (C), by striking
``subparagraph (A)(iii), (A)(iv), (B)(ii), or
(B)(iii)'' and inserting ``clause (iii) or (iv)
of subparagraph (A)'';
(iv) in subparagraph (D)--
(I) in clause (i)(I), by striking
``clause (iv) of section 204(a)(1)(A)
or section 204(a)(1)(B)(iii)'' each
place it appears and inserting
``subparagraph (A)(iv)'';
(II) in clause (ii), by striking
``subparagraph (A)(iii), (A)(iv),
(B)(ii) or (B)(iii)'' and inserting
``clause (iii) or (iv) of subparagraph
(A)'';
(III) in clause (iv), by striking
``subparagraph (A)(iii), (A)(iv),
(B)(ii), or (B)(iii)'' and inserting
``clause (iii) or (iv) of subparagraph
(A)''; and
(IV) in clause (v), by striking
``or (B)(iii)'';
(v) in subparagraph (J)--
(I) by striking ``or clause (ii) or
(iii) of subparagraph (B)''; and
(II) by striking ``subparagraphs
(C) and (D)'' and inserting
``subparagraphs (B) and (C)''; and
(vi) by redesignating subparagraphs (C)
through (L) as subparagraphs (B) through (K),
respectively;
(B) in subsection (a), by striking paragraph (2);
(C) in subsection (h)--
(i) in the first sentence, by striking ``or
a petition filed under subsection (a)(1)(B)(ii)
pursuant to conditions described in subsection
(a)(1)(A)(iii)(1)''; and
(ii) in the second sentence--
(I) by striking ``section
204(a)(1)(B)(ii) or 204(a)(1)(A)(iii)''
and inserting ``subsection
(a)(1)(A)(iii)''; and
(II) by striking ``section
204(a)(1)(A) or in section
204(a)(1)(B)(iii)'' and inserting
``subsection (a)(1)(A)'';
(D) in subsection (i)(1), by striking ``subsection
(a)(4)(D)'' and inserting ``subsection (a)(1)(D)'';
(E) in subsection (j), by striking ``subsection
(a)(1)(D)'' and inserting ``subsection (a)(1)(E)''; and
(F) in subsection l(1)--
(i) 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 States''; and
(ii) by striking ``any related
applications,'' and inserting ``any related
applications (including affidavits of
support),''.
(4) Additional conforming amendments.--
(A) Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended--
(i) in paragraph (50), by striking ``,
204(a)(1)(B)(ii)(II)(aa)(BB),''; and
(ii) in paragraph (51)--
(I) by striking subparagraph (B);
and
(II) by redesignating subparagraphs
(C) through (G) as subparagraphs (B)
through (F), respectively.
(B) Section 212(a)(4)(C)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(4)(C)(i)) is
amended--
(i) by striking subclause (II); and
(ii) by redesignating subclause (III) as
subclause (II).
(C) Section 240(c)(7)(C)(iv)(I) of the Immigration
and Nationality Act (8 U.S.C. 1229a(c)(7)(C)(iv)(I)) is
amended by striking ``, clause (ii) or (iii) of section
204(a)(1)(B),''.
SEC. 3103. ADJUSTMENT OF FAMILY-SPONSORED PER-COUNTRY LIMITS.
Section 202(a) of the Immigration and Nationality Act (8 U.S.C.
1152(a)) is amended--
(1) in paragraph (2), by striking ``7 percent (in the case
of a single foreign state) or 2 percent'' and inserting ``20
percent (in the case of a single foreign state) or 5 percent'';
and
(2) by amending paragraph (4) to read as follows:
``(4) Limiting pass down for certain countries subject to
subsection (e).--In the case of a foreign state or dependent
area to which subsection (e) applies, if the total number of
visas issued under section 203(a)(2) exceeds the maximum number
of visas that may be made available to immigrants of the state
or area under section 203(a)(2) consistent with subsection (e)
(determined without regard to this paragraph), in applying
paragraphs (3) and (4) of section 203(a) under subsection
(e)(2) all visas shall be deemed to have been required for the
classes specified in paragraphs (1) and (2) of such section.''.
SEC. 3104. PROMOTING FAMILY UNITY.
(a) Repeal of 3-Year, 10-Year, and Permanent Bars.--Section
212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9))
is amended to read as follows:
``(9) Noncitizens previously removed.--
``(A) Arriving noncitizen.--Any noncitizen who has
been ordered removed under section 235(b)(1) or at the
end of proceedings under section 240 initiated upon the
noncitizen's arrival in the United States and who again
seeks admission within 5 years of the date of such
removal (or within 20 years in the case of a second or
subsequent removal or at any time in the case of a
noncitizen convicted of an aggravated felony) is
inadmissible.
``(B) Other noncitizens.--Any noncitizen not
described in subparagraph (A) who seeks admission
within 10 years of the date of such noncitizen's
departure or removal (or within 20 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 felony) is inadmissible if the noncitizen--
``(i) has been ordered removed under
section 240 or any other provision of law; or
``(ii) departed the United States while an
order of removal was outstanding.
``(C) Exception.--Subparagraphs (A) and (B) shall
not apply to a noncitizen seeking admission within a
period if, prior to the date of the noncitizen's
reembarkation at a place outside the United States or
attempt to be admitted from foreign contiguous
territory, the Secretary of Homeland Security has
consented to the noncitizen's reapplying for
admission.''.
(b) Misrepresentation of Citizenship.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)), by
amending clause (ii) to read as follows:
``(ii) Misrepresentation of citizenship.--
``(I) In general.--Any noncitizen
who willfully misrepresents, or has
willfully misrepresented, himself or
herself to be a citizen of the United
States for any purpose or benefit under
this Act (including section 274A) or
any Federal or State law is
inadmissible.
``(II) Exception.--In the case of a
noncitizen who was under the age of 21
years at the time of making a
misrepresentation described in
subclause (I), the noncitizen shall not
be considered to be inadmissible under
any provision of this subsection based
on such misrepresentation.''; and
(2) in section 237(a)(3) (8 U.S.C. 1227(a)(3)), by amending
subparagraph (D) to read as follows:
``(D) Misrepresentation of citizenship.--
``(i) In general.--Any noncitizen who
willfully misrepresents, or has willfully
misrepresented, himself or herself to be a
citizen of the United States for any purpose or
benefit under this Act (including section 274A)
or any Federal or State law is deportable.
``(ii) Exception.--In the case of a
noncitizen who was under the age of 21 years at
the time of making a misrepresentation
described in clause (i), the noncitizen shall
not be considered to be deportable under any
provision of this subsection based on such
misrepresentation.''.
SEC. 3105. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.
(a) Processing of Immigrant Visas and Derivative Petitions.--
(1) In general.--Section 204(b) of the Immigration and
Nationality Act (8 U.S.C. 1154(b)) is amended--
(A) by striking ``(b) After an investigation'' and
inserting the following:
``(b) Approval of Petition.--
``(1) In general.--After an investigation''; and
(B) by adding at the end the following:
``(2) Death of qualifying relative.--
``(A) In general.--A noncitizen described in
subparagraph (C) 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 occurred.
``(B) 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
death.
``(C) Noncitizen described.--A noncitizen described
in this subparagraph is a noncitizen who, at the time
of the death of his or her qualifying relative, was--
``(i) an immediate relative (as described
in section 201(b)(2)(A));
``(ii) a family-sponsored immigrant (as
described in subsection (a) or (d) of section
203);
``(iii) a derivative beneficiary of an
employment-based immigrant under section 203(b)
(as described in section 203(d)); or
``(iv) the spouse or child of a refugee (as
described in section 207(c)(2)) or an asylee
(as described in section 208(b)(3)).''.
(2) Transition period.--
(A) 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 Act, such
application may be renewed by the noncitizen by a
motion to reopen, without fee.
(B) Inapplicability of bars to entry.--
Notwithstanding section 212(a)(9) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(9)), 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 excluded, deported, removed, or departed
voluntarily before the date of the enactment of this
Act.
(b) Eligibility for Parole.--If a noncitizen described in section
204(l) of the Immigration and Nationality Act (8 U.S.C. 1154(l)), was
excluded, deported, removed, or departed voluntarily before the date of
the enactment of this Act--
(1) such noncitizen shall be eligible for parole into the
United States pursuant to the Secretary's discretionary
authority under section 212(d)(5) of such Act (8 U.S.C.
1182(d)(5)); and
(2) such noncitizen's application for adjustment of status
shall be considered notwithstanding section 212(a)(9) of such
Act (8 U.S.C. 1182(a)(9)).
(c) Naturalization.--Section 319(a) of the Immigration and
Nationality Act (8 U.S.C. 1430(a)) is amended by inserting ``(or, if
the spouse is deceased, the spouse was a citizen of the United
States)'' after ``citizen of the United States''.
(d) Family-Sponsored Immigrants.--Section 212(a)(4)(C)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(4)(C)(i)), as amended
by section 3102, is further amended--
(1) in subclause (I), by striking ``, or'' and inserting a
semicolon; and
(2) by adding at the end the following:
``(III) status as a surviving
relative under section 204(l); or''.
SEC. 3106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS WHO
ARE NATIVES OF THE PHILIPPINES.
(a) Short Title.--This section may be cited as the ``Filipino
Veterans Family Reunification Act''.
(b) Noncitizens Not Subject to Direct Numerical Limitations.--
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended by adding at the end the following:
``(F) Noncitizens who are eligible for an immigrant visa
under paragraph (1) or (3) of section 203(a) and who have a
parent who was naturalized pursuant to section 405 of the
Immigration Act of 1990 (8 U.S.C. 1440 note).''.
SEC. 3107. FIANCEE OR FIANCE CHILD STATUS PROTECTION.
(a) In General.--Section 101(a)(15)(K) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended--
(1) in clause (ii), by striking ``section 201(b)(2)(A)(i)''
and inserting ``section 201(b)(2)(A)(i)(I)''; and
(2) by amending clause (iii) to read as follows:
``(iii) is the minor child of a noncitizen
described in clause (i) or (ii) and is
accompanying or following to join the
noncitizen, 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 fiancee or fiance of a United States
citizen (in the case of a noncitizen parent
described in clause (i)) or as the spouse of a
United States citizen under section
201(b)(2)(A)(i)(I) (in the case of a noncitizen
parent described in clause (ii));''.
(b) Adjustment of Status Authorized.--Section 214(d) of the
Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) in paragraph (1)--
(A) in the third sentence--
(i) by striking ``paragraph (3)(B)'' and
inserting ``paragraph (4)(B)''; and
(ii) by striking ``paragraph (3)(B)(i)''
and inserting ``paragraph (4)(B)(i)''; and
(B) by striking the last sentence; and
(3) by inserting after paragraph (1) the following:
``(2)(A) If a noncitizen does not marry the petitioner under
paragraph (1) within 90 days after the noncitizen and the noncitizen's
minor children are admitted into the United States, such noncitizen and
children shall be required to depart from the United States. If such
noncitizens fail to depart from the United States, they shall be
removed in accordance with sections 240 and 241.
``(B) Subject to subparagraphs (C) and (D), if a noncitizen marries
the petitioner described in section 101(a)(15)(K)(i) within 90 days
after the noncitizen and the noncitizen's minor children are admitted
into the United States, the Secretary of Homeland Security or the
Attorney General, subject to the provisions of section 245(d), may
adjust the status of the noncitizen, and any minor children
accompanying or following to join the noncitizen, to that of a lawful
permanent resident on a conditional basis under section 216 if the
noncitizen and any such minor children apply for such adjustment and
are not determined to be inadmissible to the United States.
``(C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply
to a noncitizen who is eligible to apply for adjustment of status to
that of a lawful permanent resident under this section.
``(D) 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
section.''.
(c) Age Determination.--Section 245(d) of the Immigration and
Nationality Act (8 U.S.C. 1255(d)) is amended--
(1) by inserting ``(1)'' before ``The Attorney General'';
and
(2) by adding at the end the following:
``(2) A determination of the age of a noncitizen admitted to the
United States under section 101(a)(15)(K)(iii) shall be made, for
purposes of adjustment of status to lawful permanent resident on a
conditional basis under section 216, 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 fiancee or
fiance of a United States citizen (in the case of a noncitizen parent
admitted to the United States under section 101(a)(15)(K)(i)) or as the
spouse of a United States citizen under section 201(b)(2)(A)(i)(I) (in
the case of a noncitizen parent admitted to the United States under
section 101(a)(15)(K)(ii)).''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
be effective as if included in the Immigration Marriage Fraud
Amendments of 1986 (Public Law 99-639; 100 Stat. 3537).
(2) Applicability.--The amendments made by this section
shall apply to all petitions or applications described in such
amendments that--
(A) are pending as of the date of the enactment of
this Act; or
(B) have been denied, but would have been approved
if such amendments had been in effect at the time of
adjudication of the petition or application.
(3) Motion to reopen or reconsider.--A motion to reopen or
reconsider a petition or an application described in paragraph
(2)(B) shall be granted if such motion is submitted to the
Secretary or the Attorney General not later than 2 years after
the date of the enactment of this Act.
SEC. 3108. RETENTION OF PRIORITY DATES.
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)
is amended--
(1) in subsection (h), by amending paragraph (3) to read as
follows:
``(3) Retention of priority date.--If the age of a
noncitizen is determined under paragraph (1) to be 21 years or
older for purposes of subsection (d), and a parent of the
noncitizen files a family-based petition for such noncitizen,
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
beneficiary.''; and
(2) by adding at the end the following:
``(i) Permanent Priority Dates.--
``(1) 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 (or the
Secretary of State, if applicable), unless the filing of the
petition was preceded by the filing of a labor certification
with the Secretary of Labor, in which case that date shall
constitute the priority date.
``(2) 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 filed, regardless of the
category of subsequent petitions.''.
SEC. 3109. INCLUSION OF PERMANENT PARTNERS.
(a) Immigration and Nationality Act.--Section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)), as amended by
section 1102, is further amended by adding at the end:
``(55) Permanent Partner.--
``(A) The term `permanent partner' means an individual 18
years of age or older who--
``(i) is in a committed, intimate relationship with
another individual 18 years of age or older in which
both parties intend a lifelong commitment;
``(ii) is financially interdependent with such
other individual, 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 cause;
``(iii) is not married to or in a permanent
partnership with anyone other than such other
individual;
``(iv) is unable, in the jurisdiction of his or her
domicile or the domicile of such other individual, to
contract with such other individual a marriage
cognizable under this Act; and
``(v) is not a first-degree, second-degree, or
third-degree blood relation of such other individual.
``(B) Any reference to `spouse', `husband', or `wife', or
to the plurals of such terms, shall be equally applicable to a
permanent partner.
``(C) Any reference to `marriage', `marital union',
`married', `unmarried', `wedlock', or any similar term shall be
equally applicable to the union of permanent partners.''.
(b) Other Immigration Legislation.--The definition of permanent
partner under section 101(a)(55) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(55)), as added by subsection (a), and the meanings of
the references described in that section shall apply to--
(1) the LIFE Act (division B of the Miscellaneous
Appropriations Act, 2001, as enacted into law by section
1(a)(4) of Public Law 106-554);
(2) the Cuban Adjustment Act (8 U.S.C. 1255 note); and
(3) the Violence Against Women Act of 2000 (division B of
Public Law 106-386; 114 Stat. 1491).
(c) Inapplicability of Ceremony Requirement.--Paragraph (35) of
section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended by striking ``The term'' and inserting ``Subject to
paragraph (55), the term''.
SEC. 3110. DEFINITION OF CHILD.
(a) Titles I and II.--Section 101(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1)) is amended--
(1) in subparagraph (B), by striking ``, provided the child
had not reached the age of eighteen years at the time the
marriage creating the status of stepchild occurred''; and
(2) by adding at the end the following:
``(H)(i) a biological child of a noncitizen
permanent partner if the child was under the age of 18
years on the date on which the permanent partnership
was formed; or
``(ii) a child adopted by a noncitizen permanent
partner while under the age of 16 years if the child--
``(I) has been in the legal custody of, and
has resided with, such adoptive parent for at
least 2 years; and
``(II) was under the age of 18 years at the
time the permanent partnership was formed.''.
(b) Title III.--Section 101(c) of the Immigration and Nationality
Act (8 U.S.C. 1101(c)) is amended--
(1) in paragraph (1), by inserting ``and an individual
described in subsection (b)(1)(H)'' after ``The term `child'
means an unmarried person under twenty-one years of age''; and
(2) in paragraph (2), by inserting ``and the deceased
permanent partner of a deceased parent, father, or mother,''
after ``deceased parent, father, and mother''.
SEC. 3111. TERMINATION OF CONDITIONAL PERMANENT RESIDENT STATUS FOR
CERTAIN NONCITIZEN PERMANENT PARTNERS AND SONS AND
DAUGHTERS UPON FINDING QUALIFYING PERMANENT PARTNERSHIP
IMPROPER.
Section 216 of the Immigration and Nationality Act (8 U.S.C. 1186a)
is amended--
(1) in subsection (b)(1)(A)(ii), by inserting ``or has
ceased to satisfy the criteria for being considered a permanent
partnership under this Act,'' after ``terminated,'';
(2) in subsection (c)(4)(B), by striking ``terminated
(other than through the death of the spouse)'' and inserting
``terminated, or has ceased to satisfy the criteria for being
considered a permanent partnership under this Act, other than
through the death of the spouse,''; and
(3) in subsection (d)(1)(A)(i)(II), by inserting ``or has
not ceased to satisfy the criteria for being considered a
permanent partnership under this Act,'' after ``terminated,''.
SEC. 3112. NATIONALITY AT BIRTH.
Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401)
is amended by adding at the end the following:
``(i) Any reference to `a person born of parents' in this section
shall include--
``(1) any legally recognized parent-child relationship
formed within the first year of a person's life regardless of
any genetic or gestational relationship;
``(2) 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 relationship; and
``(3) the spouse of a parent at the time of birth, in any
case in which--
``(A) at least 1 parent is a legally recognized
parent; and
``(B) the marriage occurred before the child's
birth and is recognized in the United States,
regardless of where the parents reside.''.
Subtitle B--National Origin-Based Antidiscrimination for Nonimmigrants
SEC. 3201. EXPANSION OF NONDISCRIMINATION PROVISION.
Section 202(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1152(a)(1)(A)) is amended--
(1) by inserting ``or a nonimmigrant visa, admission or
other entry into the United States, or the approval or
revocation of any immigration benefit'' after ``immigrant
visa'';
(2) by inserting ``religion,'' after ``sex,''; and
(3) by inserting ``, except if expressly required by
statute, or if a statutorily authorized benefit takes into
consideration such factors'' before the period at the end.
SEC. 3202. TRANSFER AND LIMITATIONS ON AUTHORITY TO SUSPEND OR RESTRICT
THE ENTRY OF A CLASS OF NONCITIZENS.
Section 212(f) of the Immigration and Nationality Act (8 U.S.C.
1182(f)) is amended to read as follows:
``(f) Authority To Suspend or Restrict the Entry of a Class of
Noncitizens.--
``(1) In general.--Subject to paragraph (2), if the
Secretary of State, in consultation with the Secretary of
Homeland Security, determines, based on specific and credible
facts, 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 States, or the preservation of
human rights, democratic processes or institutions, or
international stability, the President may temporarily--
``(A) suspend the entry of such noncitizens or
class of noncitizens as immigrants or nonimmigrants; or
``(B) impose any restriction on the entry of such
noncitizens that the President considers appropriate.
``(2) Limitations.--In carrying out paragraph (1), the
President, the Secretary of State, and the Secretary of
Homeland Security shall--
``(A) 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 (1);
``(B) narrowly tailor the suspension or
restriction, using the least restrictive means, to
achieve such compelling government interest;
``(C) specify the duration of the suspension or
restriction and set forth evidence justifying such
duration;
``(D) consider waivers to any class-based
restriction or suspension and apply a rebuttable
presumption in favor of granting family-based and
humanitarian waivers; and
``(E) comply with all provisions of this Act,
including section 202(a)(1)(A).
``(3) Congressional notification.--
``(A) In general.--Prior to the President
exercising the authority under paragraph (1), 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 duration.
``(B) Briefing and report.--Not later than 48 hours
after the President exercises the authority under
paragraph (1), 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--
``(i) the action taken pursuant to
paragraph (1) and the specified objective of
such action; and
``(ii) the estimated number of individuals
who will be impacted by such action;
``(I) the constitutional and
legislative authority under which such
action took place; and
``(II) the circumstances
necessitating such action, including
how such action complies with paragraph
(2) and any intelligence informing such
action.
``(C) Termination.--If the briefing and report
described in subparagraph (B) are not provided to the
appropriate committees of Congress during the 48-hour
period after the President exercises the authority
under paragraph (1), the suspension or restriction
shall immediately terminate absent intervening
congressional action.
``(D) 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 (B) in the Federal Register.
``(4) Judicial review.--
``(A) In general.--Notwithstanding any other
provision of law, 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 relief.
``(B) Class action.--Nothing in this Act may be
construed to preclude an action filed pursuant to
subparagraph (A) from proceeding as a class action.
``(5) 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
(including the training of personnel in such detection), the
Secretary may suspend the entry of some or all noncitizens
transported to the United States by such airline.
``(6) Reporting requirements.--
``(A) In general.--Not later than 30 days after the
date on which the President exercises the authority
under this subsection, and every 30 days thereafter
until the conclusion of such an exercise of authority,
the Secretary of State, in coordination with the
Secretary of Homeland Security and the heads of other
relevant Federal agencies, shall submit to the
appropriate committees of Congress a report that
includes the following:
``(i) For each country affected by such a
suspension or restriction--
``(I) the total number of
individuals who applied for a visa,
disaggregated by visa category;
``(II) the total number of such
visa applicants who were approved,
disaggregated by visa category;
``(III) the total number of such
visa applicants who were refused,
disaggregated by visa category, and the
reasons they were refused;
``(IV) the total number of such
visa applicants whose applications
remain pending, disaggregated by visa
category;
``(V) the total number of such visa
applicants who were granted a waiver,
disaggregated by visa category;
``(VI) the total number of such
visa applicants who were denied a
waiver, disaggregated by visa category,
and the reasons such waiver requests
were denied; and
``(VII) the total number of
refugees admitted.
``(ii) Specific evidence supporting the
need for the continued exercise of presidential
authority under this subsection, including the
information described in paragraph (3)(B).
``(B) Effect of noncompliance.--If a report
required by subparagraph (A) is not timely submitted,
the suspension or restriction shall immediately
terminate absent intervening congressional action.
``(C) Final report.--Not later than 30 days after
the conclusion of a suspension or restriction under
this subsection, the Secretary of State, in
coordination with the Secretary of Homeland Security
and the heads of other relevant Federal agencies, shall
submit to the appropriate committees of Congress a
report that includes, for the entire period of the
suspension or restriction, the information described
clauses (i) and (ii) of subparagraph (A).
``(D) Form; availability.--Each report required by
this paragraph shall be made publicly available on an
internet website in unclassified form.
``(7) Rule of construction.--Nothing in this subsection may
be construed to authorize the President, the Secretary of
State, or the Secretary of Homeland Security to act in a manner
inconsistent with the policy decisions expressed in the
immigration laws.
``(8) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress'
means--
``(A) the Select Committee on Intelligence, the
Committee on Foreign Relations, the Committee on the
Judiciary, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Permanent Select Committee on
Intelligence, the Committee on Foreign Affairs, the
Committee on the Judiciary, and the Committee on
Homeland Security of the House of Representatives.''.
Subtitle C--Diversity Immigrants
SEC. 3301. INCREASING DIVERSITY VISAS.
Section 201(e) of the Immigration and Nationality Act (8 U.S.C.
1151(e)) is amended by striking ``55,000'' and inserting ``80,000''.
Subtitle D--Reforming Employment-Based Immigration
SEC. 3401. DOCTORAL STEM GRADUATES FROM ACCREDITED UNITED STATES
UNIVERSITIES.
(a) In General.--Section 201(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 3106, is
further amended by adding at the end the following:
``(G) Noncitizens who have earned a doctoral degree in a
field of science, technology, engineering, or mathematics from
an accredited United States institution of higher education.''.
(b) Definitions.--Section 204 of the Immigration and Nationality
Act (8 U.S.C. 1154) is amended by adding at the end the following:
``(m) Doctoral STEM Graduates From Accredited United States
Universities.--For purposes of section 201(b)(1)--
``(1) the term `field of science, technology, engineering,
or mathematics'--
``(A) 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 services, engineering,
mathematics and statistics, physical sciences, and the
summary group subsets of accounting and related
services and taxation; and
``(B) may include, at the discretion of the
Secretary of Homeland Security, other fields not
specifically referred to in subparagraph (A) if the
accredited United States institution of higher
education verifies that the core curriculum for the
specific field is primarily based in science,
technology, engineering, or mathematics; and
``(2) the term `accredited United States institution of
higher education' means an institution that--
``(A)(i) is described in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)); or
``(ii) is a proprietary institution of higher
education (as defined in section 102(b) of such Act (20
U.S.C. 1002(b))); and
``(B) is accredited by an accrediting body that is
itself accredited by--
``(i) the Department of Education; or
``(ii) the Council for Higher Education
Accreditation.''.
SEC. 3402. ADDRESSING VISA BACKLOGS.
(a) Noncitizens Not Subject to Direct Numerical Limitations.--
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)), as amended by section 3106 and 3401, is further amended by
adding at the end the following:
``(H) Noncitizens who are beneficiaries (including
derivative beneficiaries) of an approved immigrant petition
bearing a priority date that is more than 10 years before the
noncitizen's application for admission as an immigrant or for
adjustment of status.
``(I) Noncitizens described in section 203(d).''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date which is 60 days after the date of the enactment of
this Act.
SEC. 3403. ELIMINATING EMPLOYMENT-BASED PER COUNTRY LEVELS.
(a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)), as amended by section 3103(a),
is further amended--
(1) in the paragraph heading, by striking ``and employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)''; and
(4) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152), as amended by sections 3103, 3201, and
subsection (a), is further amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``both
subsections (a) and (b) of section 203'' and inserting
``section 203(a)''; and
(B) by striking paragraph (5); and
(2) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If the total number
of immigrant visas made available under section 203(a) to natives of
any single foreign state or dependent area is expected to exceed the
numerical limitation specified in subsection (a)(2) in any fiscal year,
immigrant visas to natives of that state or area under section 203(a)
shall be allocated (to the extent practicable and otherwise consistent
with this section and section 203) so that, except as provided in
subsection (a)(4), the proportion of the visa numbers made available
under each of paragraphs (1) through (4) of section 203(a) 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 203(a).''.
(c) Country-Specific Offset.--Section 2 of the Chinese Student
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
(1) in subsection (a), by striking ``subsection (e)'' and
inserting ``subsection (d)'';
(2) by striking subsection (d); and
(3) by redesignating subsection (e) as subsection (d).
(d) Effective Date.--The amendments made by this section shall
apply to fiscal year 2024 and each subsequent fiscal year.
SEC. 3404. INCREASED IMMIGRANT VISAS FOR OTHER WORKERS.
Section 203(b) of the Immigration and Nationality Act (8 U.S.C.
1153(b)) is amended--
(1) in paragraph (1) by striking ``28.6'' and inserting
``23.55'';
(2) in paragraph (2)(A) by striking ``28.6'' and inserting
``23.55'';
(3) in paragraph (3)--
(A) in subparagraph (A), in the matter before
clause (i), by striking ``28.6'' and inserting
``41.2''; and
(B) in subparagraph (B), by striking ``10,000'' and
inserting ``40,000'';
(4) in paragraph (4), by striking ``7.1'' and inserting
``5.85''; and
(5) in paragraph (5)(A), in the matter before clause (i),
by striking ``7.1'' and inserting ``5.85''.
SEC. 3405. FLEXIBLE ADJUSTMENTS TO EMPLOYMENT-BASED IMMIGRANT VISA
PROGRAM.
Section 203(b) of the Immigration and Nationality Act (8 U.S.C.
1153(b)), as amended by section 3404, is further amended by adding at
the end the following:
``(7) Geographic and labor market adjustments.--The
Secretary of Homeland Security, in consultation with the
Secretary of Labor, may establish, by regulation, a procedure
for temporarily limiting the admission of immigrants described
in paragraphs (2) and (3) in geographic areas or labor market
sectors that are experiencing high levels of unemployment.''.
SEC. 3406. REGIONAL ECONOMIC DEVELOPMENT IMMIGRANT VISA PILOT PROGRAM.
(a) Pilot Program for Regional Economic Development Visas.--
Notwithstanding the numerical limitations in the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may establish a
pilot program for the annual admission of not more than 10,000
admissible immigrants whose employment is essential to the economic
development strategies of the cities or counties in which they will
live or work.
(b) Labor Certification.--The requirements of section 212(a)(5) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) shall apply
to the pilot program authorized under this section.
(c) Duration.--The Secretary shall determine the duration of the
pilot program authorized under this section, which may not exceed 5
years.
(d) Rulemaking.--The Secretary, in consultation with the Secretary
of Labor, shall issue regulations to implement the pilot program
authorized under this section.
SEC. 3407. WAGE-BASED CONSIDERATION OF TEMPORARY WORKERS.
Section 212(p) is amended by adding at the end the following:
``(5) In determining the order in which visas shall be made
available to nonimmigrants described in section 101(a)(15)(H)(i)(b),
and to any other category of nonimmigrants deemed appropriate by the
Secretary of Homeland Security, the Secretary of Homeland Security, in
consultation with the Secretary of Labor, may issue regulations to
establish procedures for prioritizing such visas based on the wages
offered by employers.''.
SEC. 3408. CLARIFYING DUAL INTENT FOR POSTSECONDARY STUDENTS.
(a) In General.--Section 101(a)(15)(F)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking
``an alien having a residence in a foreign country which he has no
intention of abandoning, 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 study, who
(except for a student qualified to pursue a full course of study at an
institution of higher education) has a residence in a foreign country
which the noncitizen has no intention of abandoning, and who''.
(b) Conforming Amendments.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended--
(1) in subsection (b), by striking ``(other than a
nonimmigrant'' and inserting ``(other than a nonimmigrant
described in section 101(a)(15)(F) if the noncitizen is
qualified to pursue a full course of study at an institution of
higher education, other than a nonimmigrant''; and
(2) in subsection (h), by inserting ``(F) (if the
noncitizen is qualified to pursue a full course of study at an
institution of higher education),'' before ``H(i)(b)''.
SEC. 3409. H-4 VISA REFORM.
(a) Protecting Children With H-4 Visas Who Age Out of Status.--
(1) In general.--Section 214(g)(4) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(4)) is amended to read as
follows:
``(4)(A) Except as provided in subparagraphs (B) and (C),
the period of authorized admission of a nonimmigrant described
in section 101(a)(15)(H)(i)(b) may not exceed 6 years.
``(B) The Secretary of Homeland Security may grant an
extension of nonimmigrant status under section
101(a)(15)(H)(i)(b) to a nonimmigrant until such nonimmigrant's
application for adjustment of status has been processed if such
nonimmigrant--
``(i) is the beneficiary of a petition filed under
section 204(a) for a preference status under paragraph
(1), (2), or (3) of section 203(b); and
``(ii) is eligible to be granted such status.
``(C) A child of a nonimmigrant described in subparagraph
(B) who accompanied or followed to join such nonimmigrant may
apply for and receive an extension of his or her nonimmigrant
status regardless of age, if--
``(i) the nonimmigrant parent described in
subparagraph (B) maintains his or her nonimmigrant
status; and
``(ii) the child was younger than 18 years of age
when he or she was first granted nonimmigrant status as
a noncitizen accompanying or following to join such
nonimmigrant parent.''.
(2) Conforming amendment.--Section 203(h) of the
Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended
by adding at the end the following:
``(5) H-4 visa holders.--Notwithstanding paragraph (1), a
determination of whether a nonimmigrant described in section
214(g)(4)(C) satisfies the age requirement for purposes of a
derivative visa or adjustment of status application under
paragraph (1), (2), or (3) of section 203(b) 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 (or the Secretary of
State, if applicable), unless the filing of the petition was
preceded by the filing of a labor certification with the
Secretary of Labor, in which case that date shall be used to
identify the age of such nonimmigrant.''.
(b) Work Authorization for H-4 Nonimmigrants.--Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184), as amended by
subsection (a)(1), is further amended by adding at the end the
following:
``(s) Work Authorization for H-4 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
101(a)(15)(H)(i)(b) 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 permit.''.
SEC. 3410. EXTENSIONS RELATED TO PENDING PETITIONS.
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184),
as amended by sections 1204(b), 3107(b), 3408(b), and 3409, is further
amended by adding at the end the following:
``(t) Extension of Status in Cases of Lengthy Adjudications.--
``(1) Exemption from limitations.--Notwithstanding
subsections (c)(2)(D), (g)(4), and (m)(1)(B)(i), the authorized
stay of a noncitizen who was previously issued a visa or
otherwise provided nonimmigrant status under subparagraph (F),
(H)(i)(B), (L), or (O) of section 101(a)(15) may be extended
pursuant to paragraph (2) if 365 days or more have elapsed
since the filing of--
``(A) an application for labor certification under
section 212(a)(5)(A) if certification is required or
used by a noncitizen to obtain status under section
203(b); or
``(B) a petition described in section 204(b) to
obtain immigrant status under section 203(b).
``(2) Extension of status.--The Secretary of Homeland
Security shall extend the stay of a noncitizen who qualifies
for an extension under paragraph (1) in 1-year increments until
a final decision is made--
``(A) to deny the application described in
paragraph (1)(A) or, in a case in which such
application is granted, to deny a petition described in
paragraph (1)(B) filed on behalf of the noncitizen
pursuant to such grant;
``(B) to deny the petition described in paragraph
(1)(B); or
``(C) 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
residence.
``(3) 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 permit.''.
Subtitle E--Promoting Immigrant and Refugee Integration
SEC. 3501. DEFINITION OF FOUNDATION.
In this subtitle, the term ``Foundation'' means the United States
Citizenship and Integration Foundation established under section 3502.
SEC. 3502. UNITED STATES CITIZENSHIP AND INTEGRATION FOUNDATION.
(a) Establishment.--The Secretary, acting through the Director of
U.S. Citizenship and Immigration Services, shall establish a nonprofit
corporation or a not-for-profit, public benefit, or similar entity,
which shall be known as the ``United States Citizenship and Integration
Foundation''.
(b) Gifts to Foundation.--To carry out the purposes set forth in
subsection (c), the Foundation may--
(1) solicit, accept, and make gifts of money and other
property in accordance with section 501(c)(3) of the Internal
Revenue Code of 1986;
(2) engage in coordinated work with the Department of
Homeland Security, including U.S. Citizenship and Immigration
Services; and
(3) accept, hold, administer, invest, and spend any gift,
devise, or bequest of real or personal property made to the
Foundation.
(c) Purposes.--The purposes of the Foundation are--
(1) to spur innovation in the promotion and expansion of
citizenship preparation programs for lawful permanent
residents;
(2) 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 scale;
(3) to support direct assistance for noncitizens seeking
lawful permanent resident status or naturalization as a United
States citizen; and
(4) to coordinate immigrant integration with State and
local entities.
(d) Activities.--The Foundation shall carry out the purposes
described in subsection (c) by--
(1) making United States citizenship instruction and
naturalization application services accessible to low-income
and other underserved lawful permanent resident populations;
(2) developing, identifying, and sharing best practices in
United States citizenship promotion and preparation;
(3) supporting innovative and creative solutions to
barriers faced by noncitizens seeking naturalization;
(4) increasing the use of, and access to, technology in
United States citizenship preparation programs;
(5) engaging communities receiving immigrants in the United
States citizenship and civic integration process;
(6) fostering public education and awareness;
(7) coordinating the immigrant integration efforts of the
Foundation with such efforts of U.S. Citizenship and
Immigration Services; and
(8) awarding grants to State and local governments under
section 3503.
(e) Council of Directors.--
(1) Members.--To the extent consistent with section
501(c)(3) of the Internal Revenue Code of 1986, the Foundation
shall have a council of directors (referred to in this section
as the ``Council''), which shall be composed of--
(A) the Director of U.S. Citizenship and
Immigration Services; and
(B) 10 individuals appointed by the Director of
U.S. Citizenship and Immigration Services.
(2) Qualifications.--In appointing individuals under
paragraph (1)(B), the Director of U.S. Citizenship and
Immigration Services shall consider individuals with experience
in national private and public nonprofit organizations that
promote and assist lawful permanent residents with
naturalization.
(3) Terms.--A member of the Council described in paragraph
(1)(B) shall be appointed for a term of 4 years, except that,
of the members first appointed, 5 members shall be appointed
for a term of 2 years, which may be followed by renewable 4-
year terms.
(f) Executive Director.--
(1) In general.--The Council shall, by majority vote,
appoint for 6-year renewable terms an executive director of the
Foundation, who shall oversee the day-to-day operations of the
Foundation.
(2) Responsibilities.--The executive director shall carry
out the purposes described in subsection (c) on behalf of the
Foundation by--
(A) accepting, holding, administering, investing,
and spending any gift, devise, or bequest of real or
personal property made to the Foundation;
(B) entering into contracts and other financial
assistance agreements with individuals, public or
private organizations, professional societies, and
government agencies to carry out the purposes of the
Foundation;
(C) entering into such other contracts, leases,
cooperative agreements, and other transactions as the
executive director considers appropriate to carry out
the activities of the Foundation; and
(D) charging such fees for professional services
furnished by the Foundation as the executive director
considers reasonable and appropriate.
(g) Timeline.--The Foundation shall be established and operational
not later than 1 year after the date of the enactment of this Act.
SEC. 3503. PILOT PROGRAM TO PROMOTE IMMIGRANT INTEGRATION AT STATE AND
LOCAL LEVELS.
(a) Grants Authorized.--The Chief of the Office of Citizenship of
U.S. Citizenship and Immigration Services (referred to in this section
as the ``Chief'') shall establish a pilot program through which the
Chief may award grants, on a competitive basis, to States and local
governments and other qualifying entities in collaboration with States
and local governments--
(1) to establish new immigrant councils to carry out
programs to integrate new immigrants; and
(2) to carry out programs to integrate new immigrants.
(b) Qualifying Entities.--Qualifying entities under this section
may include--
(1) an educational institution;
(2) a private organization;
(3) a community-based organization; or
(4) a nonprofit organization.
(c) Application.--A State or local government, or other qualifying
entity in collaboration with a State or local government, seeking a
grant under this section shall submit an application to the Chief at
such time, in such manner, and containing such information as the Chief
may reasonably require, including--
(1) a proposal to carry out 1 or more activities described
in subsection (d)(3);
(2) the estimated number of new immigrants residing in the
geographic area of the applicant; and
(3) a description of the challenges in introducing and
integrating new immigrants into the State or local community.
(d) Activities.--A grant awarded under this subsection shall be
used--
(1) to form a new immigrant council, which shall--
(A) consist of not fewer than 15 individuals and
not more than 19 representatives of the State or local
government or qualifying organization, as applicable;
(B) include, to the extent practicable,
representatives from--
(i) business;
(ii) faith-based organizations;
(iii) civic organizations;
(iv) philanthropic organizations;
(v) nonprofit organizations, including
nonprofit organizations with legal and advocacy
experience working with immigrant communities;
(vi) key education stakeholders, such as
State educational agencies, local educational
agencies (as defined in section 8101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801)), community colleges, and
teachers;
(vii) State adult education offices;
(viii) State or local public libraries; and
(ix) State or local governments; and
(C) meet not less frequently than quarterly;
(2) to provide subgrants to local communities, city
governments, municipalities, nonprofit organizations (including
veterans' and patriotic organizations), or other qualifying
entities;
(3) to develop, implement, expand, or enhance a
comprehensive plan to introduce and integrate new immigrants
into the applicable State by--
(A) improving English language skills;
(B) engaging caretakers with limited English
proficiency in their child's education through
interactive parent and child literacy activities;
(C) improving and expanding access to workforce
training programs;
(D) teaching United States history, civics
education, and citizenship rights and responsibilities;
(E) promoting an understanding of the form of
government and history of the United States and the
principles of the Constitution of the United States;
(F) improving financial literacy; and
(G) focusing on other key areas of importance to
integration in United States society; and
(4) to engage communities receiving immigrants in the
citizenship and civic integration process by--
(A) increasing local service capacity;
(B) building meaningful connections between new
immigrants and long-time residents;
(C) communicating the contributions of communities
receiving new immigrants; and
(D) engaging leaders from all sectors of the
community.
(e) Reporting and Evaluation.--
(1) Annual report.--Not less frequently than annually, each
recipient of a grant under this section shall submit to the
Chief a report that describes, for the preceding calendar
year--
(A) the activities undertaken by the grant
recipient, including the manner in which such
activities meet the goals of the Foundation and the
comprehensive plan referred to in subsection (d)(3);
(B) the geographic area being served;
(C) the estimated number of immigrants in such
area; and
(D) the primary languages spoken in such area.
(2) Annual evaluation.--Not less frequently than annually,
the Chief shall conduct an evaluation of the grant program
under this section--
(A) to assess and improve the effectiveness of the
grant program;
(B) to assess the future needs of immigrants and of
State and local governments with respect to immigrants;
and
(C) to ensure that grantees, recipients, and
subgrantees are acting within the scope and purpose of
this section.
SEC. 3504. ENGLISH AS A GATEWAY TO INTEGRATION GRANT PROGRAM.
(a) Authorization.--The Assistant Secretary for Career, Technical,
and Adult Education in the Department of Education (referred to in this
section as the ``Assistant Secretary'') shall award English as a
Gateway to Integration grants to eligible entities.
(b) Eligibility.--An entity eligible to receive a grant under this
section is a State or unit of local government, a private organization,
an educational institution, a community-based organization, or a
nonprofit organization that--
(1) in the case of any applicant that has previously
received a grant under this section, uses matching funds from
non-Federal sources, which may include in-kind contributions,
equal to 25 percent of the amount received from the English as
a Gateway to Integration program to carry out such program;
(2) submits to the Assistant Secretary an application at
such time, in such manner, and containing such information as
the Assistant Secretary may reasonably require, including--
(A) a description of the target population to be
served, including demographics, literacy levels, and
English language levels of the target population; and
(B) 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 program;
(3) demonstrates collaboration with public and private
entities to provide the instruction and assistance described in
subsection (c)(1);
(4) provides English language programs that--
(A) teach English language skills to limited
English proficient (LEP) individuals who--
(i) have less than a United States high
school diploma; or
(ii) are parents who are caretakers of
young children;
(B) support and promote the social, economic, and
civic integration of adult English language learners
and their families;
(C) equip adult English language learners for
ongoing, independent study and learning beyond the
classroom or formal instruction; and
(D) incorporate the use of technology to help
students develop digital literacy skills; and
(5) is located in--
(A) 1 of the 10 States with the highest rate of
foreign-born residents; or
(B) a State that has experienced a large increase
in the population of immigrants during the most recent
10-year period, based on data compiled by the Office of
Immigration Statistics or the Census Bureau.
(c) Use of Funds.--
(1) In general.--Funds awarded under this section shall be
used to provide English language instruction to adult English
language learners. Such instruction shall advance the
integration of students to help them--
(A) build their knowledge of United States history
and civics;
(B) prepare for United States citizenship and the
naturalization process;
(C) gain digital literacy;
(D) understand and navigate the early childhood, K-
12, and postsecondary education systems;
(E) gain financial literacy;
(F) build an understanding of the housing market
and systems in the United States;
(G) learn about and access the United States,
State, and local health care systems;
(H) prepare for a high school equivalency diploma
or postsecondary training or education; and
(I) prepare for and secure employment.
(2) Design of program.--Funds awarded under this section
shall be used to support an instructional program that may
include the following elements:
(A) English language instruction in a classroom
setting, provided that such setting is in a geographic
location accessible to the population served.
(B) Online English language instruction and
distance learning platforms.
(C) Educational support and specialized instruction
for English language learners with low levels of
literacy in their first language.
(D) Other online and digital components, including
the use of mobile phones.
(d) Certification.--To receive a payment under this section, 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 Secretary.
(e) Annual Report and Evaluation.--Not later than 90 days after the
end of each fiscal year for which an entity receives grant funds under
this section, the entity shall submit to the Assistant Secretary the
following:
(1) A report that describes--
(A) the activities undertaken by the entity that
were funded entirely or partially by the grant funds;
(B) the geographic area served by the grant funds;
(C) the number of immigrants in such area;
(D) the primary languages spoken in such area;
(E) the number of adult English language learners
receiving assistance that was funded entirely or
partially by grant funds received by the entity; and
(F) a breakdown of the costs of the instruction
services provided and the average per capita cost of
providing such instruction.
(2) An evaluation of any program of the entity using grant
funds under this section, including--
(A) an assessment of--
(i) the effectiveness of such program and
recommendations for improving the program; and
(ii) whether the English language
instruction needs of the geographic area served
have been met; and
(B) in the case of an assessment under subparagraph
(A)(ii) that such needs have not been met, a
description of the additional assistance required to
meet such needs.
(f) Definitions.--In this section:
(1) Adult english language learner.--The term ``adult
English language learner'' refers to an individual age 16 years
and older who is not enrolled in secondary school and who is
limited English proficient.
(2) English language learner; 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
read, speak, write, or understand English.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for fiscal years
2024 through 2025.
SEC. 3505. WORKFORCE DEVELOPMENT AND SHARED PROSPERITY GRANT PROGRAM.
(a) Declaration of Policy.--It is the policy of the United States--
(1) that adults have adequate and equitable access to
education and workforce programs that--
(A) help them learn basic skills in reading,
writing, mathematics, and the English language; and
(B) equip them with occupational skills needed to
secure or advance in employment, fill employer needs,
and support themselves and their families;
(2) that helping adults with limited skills to attain
industry-recognized postsecondary credentials strengthens the
economy; and
(3) 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 training.
(b) Authorization.--The Assistant Secretary for Career, Technical,
and Adult Education at the Department of Education (referred to in this
section as the ``Assistant Secretary'') shall award Workforce
Development and Shared Prosperity grants, on a competitive basis, to
States or local governments, or other qualifying entities described in
subsection (c) in collaboration with States and local governments.
(c) Qualifying Entities.--Qualifying entities under this section
may include--
(1) an educational institution;
(2) a private organization;
(3) a community-based organization; or
(4) a nonprofit organization.
(d) Eligibility.--A State or local government, or a qualifying
entity in collaboration with a State or local government, is eligible
to receive a grant under this section provided that the State or local
government or entity--
(1) supports and promotes the economic integration of
immigrants and refugees and their families;
(2) has expertise in workforce development and adult
education for the purpose of developing and implementing State
or local programs of integrated education and training;
(3) in carrying out the grant program, has, or collaborates
with at least 1 entity that has--
(A) expertise in workforce development for
immigrants and refugees; and
(B) expertise in adult education of immigrants and
refugees;
(4) uses matching funds from non-Federal sources, which may
include in-kind contributions, equal to 25 percent of the
amount received from the Workforce Development and Shared
Prosperity grant program; and
(5) submits to the Assistant Secretary an application at
such time, in such manner, and containing such information as
the Assistant Secretary may reasonably require, including--
(A) a description of the target population to be
served, including demographics, English language
levels, educational levels, and skill levels;
(B) the specific integrated education and training
instructional model to be implemented;
(C) how the program will be designed and
implemented by educators with expertise in adult
education, English language instruction, and
occupational skills training;
(D) how the program will prepare students to
receive a high school equivalency credential;
(E) how the program will prepare students to
receive a postsecondary credential;
(F) the occupations or industries for which the
program will prepare students for employment;
(G) evidence of employer demand for the skills or
occupational training offered by the grant program;
(H) the extent to which the program reduces the
time required for students to acquire English and
workforce skills;
(I) how the program will increase digital literacy
skills;
(J) how the program will provide student support
services, including guidance counseling, so as to
promote student success; and
(K) the assessment and performance measures that
the grant recipient plans to use to evaluate--
(i) the progress of adult learners in
acquiring basic skills such as reading,
writing, mathematics, and the English language;
and
(ii) the success of the grant program in
preparing students for employment and in
helping them find employment or advance in
employment.
(e) Certification.--To receive a payment under this section, 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 Secretary.
(f) Technical Assistance.--The Assistant Secretary shall provide
technical assistance to adult education providers on how to provide
integrated education and training.
(g) Annual Report and Evaluation.--Not later than 90 days after the
end of each fiscal year for which an entity receives grant funds under
this section, the entity shall submit to the Assistant Secretary the
following:
(1) A report that describes--
(A) the activities undertaken by the entity that
were funded entirely or partially by the grant funds;
(B) the geographic area served by the grant funds;
(C) the number of immigrants in such area;
(D) the primary languages spoken in such area; and
(E) a breakdown of the costs of each of the
services provided and the average per capita cost of
providing such services.
(2) An evaluation of any program of the entity using grant
funds under this section, including--
(A) an assessment of--
(i) the effectiveness of such program and
recommendations for improving the program; and
(ii) whether the adult education and
workforce development needs of the geographic
area served have been met; and
(B) in the case of an assessment under subparagraph
(A)(ii) that such needs have not been met, a
description of the additional assistance required to
meet such needs.
(h) Definitions.--In this section:
(1) Adult education.--The term ``adult education'' means
academic instruction and education services below the
postsecondary level that increase an individual's ability to
read, write, speak, and understand English and perform
mathematical or other activities necessary to attain a
secondary school diploma or its recognized equivalent, to
transition to postsecondary education and training, or to
obtain employment.
(2) Integrated education and training.--The term
``integrated education and training'' means instruction that
provides adult education, literacy, 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 advancement.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for fiscal years
2024 through 2025.
SEC. 3506. EXISTING CITIZENSHIP EDUCATION GRANTS.
(a) In General.--There is authorized to be appropriated to the
Secretary not less than $25,000,000 for the purpose of awarding grants
to public or private nonprofit entities for citizenship education and
training (as described in number 97.010 of the Catalog of Federal
Domestic Assistance), to remain available until expended.
(b) Consideration of Grant Recipients.--With respect to grants
administered and awarded to public or private nonprofit organizations
by the Secretary, unless otherwise required by law, in making
determinations about such grants, the Secretary may not consider an
entity's enrollment in or use of the E-Verify Program described in
section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note).
SEC. 3507. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary shall establish, within U.S.
Citizenship and Immigration Services, a program to award grants, on a
competitive basis, to eligible nonprofit organizations to carry out a
program described in subsection (c) for the purpose of assisting
applicants for status under sections 245B, 245C, 245D, 245E, and 245F
of the Immigration and Nationality Act.
(b) Eligible Nonprofit Organization.--A nonprofit organization
eligible to receive a grant under this section is a nonprofit tax-
exempt organization, including a community, faith-based, or other
immigrant-serving organization, the staff of which has demonstrated
qualifications, experience, and expertise in providing quality services
to immigrants, refugees, noncitizens granted asylum, or noncitizens
applying for such statuses.
(c) Use of Funds.--Grant funds awarded under this section may be
used for the design and implementation of programs that provide--
(1) information to the public relating to eligibility for
and benefits of lawful prospective immigrant status under
section 245B of the Immigration and Nationality Act,
particularly to individuals who may be eligible for such
status;
(2) assistance, within the scope of authorized practice of
immigration law, to individuals in submitting applications for
lawful prospective immigrant status, including--
(A) screening prospective applicants to assess
eligibility for such status;
(B) completing applications and petitions,
including providing assistance in obtaining the
requisite documents and supporting evidence;
(C) applying for any waivers for which applicants
and qualifying family members may be eligible; and
(D) providing any other assistance that the
Secretary or grantees consider useful or necessary in
applying for lawful prospective immigrant status;
(3) assistance, within the scope of authorized practice of
immigration law, to individuals seeking to adjust their status
to that of a lawful permanent resident under section 245C,
245D, 245E, or 245F of the Immigration and Nationality Act;
(4) instruction to individuals with respect to--
(A) the rights and responsibilities of United
States citizenship; and
(B) civics and civics-based English as a second
language; and
(5) assistance, within the scope of authorized practice of
immigration law, to individuals seeking to apply for United
States citizenship.
(d) Source of Grant Funds.--To carry out this section, the
Secretary may use not more than $50,000,000 from the Immigration
Examinations Fee Account pursuant to section 286(m) of the Immigration
and Nationality Act (U.S.C. 1356(m)).
(e) Availability of Appropriations.--Any amounts appropriated to
carry out this section shall remain available until expended.
SEC. 3508. STUDY ON FACTORS AFFECTING EMPLOYMENT OPPORTUNITIES FOR
IMMIGRANTS AND REFUGEES WITH PROFESSIONAL CREDENTIALS
OBTAINED IN FOREIGN COUNTRIES.
(a) In General.--The Secretary of Labor, in coordination with the
Secretary of State, the Secretary of Education, the Secretary of Health
and Human Services, the Secretary of Commerce, the Secretary, the
Administrator of the Internal Revenue Service, and the Commissioner of
the Social Security Administration, 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 States.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An analysis of the employment history of applicable
immigrants and refugees admitted to the United States during
the most recent 5-year period for which data are available at
the time of the study, including, to the extent practicable--
(A) 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 States, if any, since the
arrival of such applicable immigrants and refugees; and
(B) a consideration of the occupational and
professional credentials and academic degrees held by
applicable immigrants and refugees before immigrating
to the United States.
(2) 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 States.
(3) 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 States.
(4) 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 States.
(c) Collaboration With Nonprofit Organizations and State
Agencies.--In conducting the study required by subsection (a), the
Secretary of Labor shall seek to collaborate with relevant nonprofit
organizations and State agencies to use the existing data and resources
of such entities.
(d) Applicable Immigrants and Refugees.--In this section, the term
``applicable immigrants and refugees'' means--
(1) noncitizens who are lawfully present and authorized to
be employed in the United States; and
(2) citizens of the United States born outside the United
States and its outlying possessions.
SEC. 3509. IN-STATE TUITION RATES FOR REFUGEES, ASYLEES, AND CERTAIN
SPECIAL IMMIGRANTS.
(a) In General.--The Higher Education Act of 1965 (20 U.S.C. 1001
et seq.) is amended by inserting after section 135 the following:
``SEC. 135A. IN-STATE TUITION RATES FOR REFUGEES, ASYLEES, AND CERTAIN
SPECIAL IMMIGRANTS.
``(a) Requirement.--In the case of a noncitizen described in
subsection (b) whose domicile is in a State that receives assistance
under this Act, 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
State.
``(b) Noncitizen Described.--A noncitizen is described in this
subsection if the noncitizen was granted--
``(1) refugee status and admitted to the United States
under section 207 of the Immigration and Nationality Act (8
U.S.C. 1157);
``(2) asylum under section 208 of such Act (8 U.S.C. 1158);
or
``(3) special immigrant status under section 101(a)(27) of
such Act (8 U.S.C. 1101(a)(27)) pursuant to--
``(A) section 1244 of the National Defense
Authorization Act for Fiscal Year 2008 (8 U.S.C. 1157
note);
``(B) section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101
note); or
``(C) section 602 of the Afghan Allies Protection
Act of 2009 (8 U.S.C. 1101 note).
``(c) Limitations.--The requirement under subsection (a) shall
apply with respect to a noncitizen only until the noncitizen has
established residency in the State, 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 asylum.
``(d) 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 1, 2023.''.
(b) Conforming Amendment.--The table of contents for the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by inserting
after the item relating to section 135 the following:
``Sec. 135A. In-State tuition rates for refugees, asylees, and certain
special immigrants.''.
SEC. 3510. WAIVER OF ENGLISH REQUIREMENT FOR SENIOR NEW AMERICANS.
Section 312 (8 U.S.C. 1423) is amended by striking subsection (b)
and inserting the following:
``(b) The requirements under subsection (a) shall not apply to any
person who--
``(1) is unable to comply with such requirements because of
physical or mental disability, including developmental or
intellectual disability; or
``(2) on the date on which the person's application for
naturalization is submitted under section 334--
``(A) is older than 65 years of age; and
``(B) has been living in the United States for 1 or
more periods totaling not less than 5 years after being
lawfully admitted for permanent residence.
``(c) The requirement under subsection (a)(1) shall not apply to
any person who, on the date on which the person's application for
naturalization is submitted under section 334--
``(1) is older than 50 years of age and has been living in
the United States for 1 or more periods totaling not less than
20 years after being lawfully admitted for permanent residence;
``(2) is older than 55 years of age and has been living in
the United States for 1 or more periods totaling not less than
15 years after being lawfully admitted for permanent residence;
or
``(3) is older than 60 years of age and has been living in
the United States for 1 or more periods totaling not less than
10 years after being lawfully admitted for permanent residence.
``(d) The Secretary of Homeland Security may waive, on a case-by-
case basis, the requirement under subsection (a)(2) for any person who,
on the date on which the person's application for naturalization is
submitted under section 334--
``(1) is older than 60 years of age; and
``(2) has been living in the United States for 1 or more
periods totaling not less than 10 years after being lawfully
admitted for permanent residence.''.
SEC. 3511. NATURALIZATION FOR CERTAIN UNITED STATES HIGH SCHOOL
GRADUATES.
(a) In General.--Title III of the Immigration and Nationality Act
(8 U.S.C. 1401 et seq.) is amended by inserting after section 320 the
following:
``SEC. 321. CITIZENSHIP FOR CERTAIN UNITED STATES HIGH SCHOOL
GRADUATES.
``(a) Requirements Considered Satisfied.--In the case of a
noncitizen described in subsection (b), the noncitizen shall be
considered to have satisfied the requirements of section 312(a).
``(b) Noncitizen Described.--A noncitizen is described in this
subsection if the noncitizen submits an application for naturalization
under section 334 that contains the following:
``(1) Transcripts from public or private schools in the
United States that demonstrate the following:
``(A) The noncitizen completed grades 9 through 12
in the United States and graduated with a high school
diploma.
``(B) The noncitizen completed a curriculum that
reflects knowledge of United States history,
government, and civics.
``(2) A copy of the noncitizen's high school diploma.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 320 the following:
``Sec. 321. Citizenship for certain United States high school
graduates.''.
(c) 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 date.
(d) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
carry out this section and the amendments made by this section.
SEC. 3512. NATURALIZATION CEREMONIES.
(a) In General.--The Chief of the Office of Citizenship of U.S.
Citizenship and Immigration Services, in consultation with the Director
of the National Park Service, the Archivist of the United States, and
other appropriate Federal officials, shall develop and implement a
strategy to enhance public awareness of naturalization ceremonies.
(b) Venues.--In developing the strategy under subsection (a), the
Chief of the Office of Citizenship of U.S. Citizenship and Immigration
Services shall consider the use of outstanding and historic locations
as venues for select naturalization ceremonies.
SEC. 3513. NATIONAL CITIZENSHIP PROMOTION PROGRAM.
(a) Establishment.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall establish a program to
promote United States citizenship.
(b) Activities.--As part of the program required by subsection (a),
the Secretary shall carry out outreach activities in accordance with
subsection (c).
(c) Outreach.--The Secretary shall--
(1) 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 States;
(2) make such outreach materials available through--
(A) public service announcements;
(B) advertisements; and
(C) such other media as the Secretary considers
appropriate; and
(3) conduct outreach activities targeted to noncitizens
eligible to apply for naturalization, including communication
by text, email, and the United States Postal Service, that
provides, on paper or in electronic form--
(A) notice that the individual is possibly eligible
to apply for naturalization;
(B) information about the requirements of United
States citizenship;
(C) information about the benefits of United States
citizenship;
(D) a pre-filled naturalization application
containing the data the agency already has about the
individual;
(E) instructions on how to complete the
application; and
(F) resources for free or low-cost assistance with
applying for naturalization and preparing for the
English and civics exams.
SEC. 3514. AUTHORIZATION OF APPROPRIATIONS FOR FOUNDATION AND PILOT
PROGRAM.
(a) In General.--There are authorized to be appropriated for the
first 2 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 3502.
(b) Use of Funds.--Amounts appropriated to establish the Foundation
and carry out the pilot program under section 3502 may be invested, and
any amounts resulting from such investments shall remain available for
the operations of the Foundation and the pilot program without further
appropriation.
TITLE IV--IMMIGRATION COURTS, FAMILY VALUES, AND VULNERABLE INDIVIDUALS
Subtitle A--Promoting Efficient Processing of Asylum Seekers,
Addressing Immigration Court Backlogs, and Efficiently Repatriating
Migrants Ordered Removed
SEC. 4101. EXPANDING ALTERNATIVES TO DETENTION.
(a) Family Case Management Program.--The Secretary shall--
(1) expand the use of the family case management program
(described in section 218 of the Department of Homeland
Security Appropriations Act, 2020 (8 U.S.C. 1378a)) for
apprehended noncitizens who are members of family units
arriving in the United States; and
(2) develop additional community-based programs to increase
the number of enrollees in the alternatives to detention
program.
(b) Nonprofit Entity Contracting Partner.--The Secretary shall
contract with qualified nonprofit entities for the operation of the
alternatives to detention program, including the family case management
program and other community-based programs described in subsection (a).
(c) Legal Orientation.--The Secretary shall ensure that enrollees
in the alternatives to detention program, including the family case
management program and other community-based programs described in
subsection (a), are provided a legal orientation consistent with the
program elements described in section 4105(a)(2).
SEC. 4102. ELIMINATING IMMIGRATION COURT BACKLOGS.
(a) Addressing Immigration Judge Shortages.--The Attorney General
shall increase the total number of immigration judges by not fewer than
55 judges during each of fiscal years 2025, 2026, 2027, and 2028.
(b) Qualifications and Selection.--The Attorney General shall--
(1) ensure that all newly hired immigration judges and
members of the Board of Immigration Appeals are--
(A) highly qualified experts on immigration law;
and
(B) trained to conduct fair, impartial
adjudications in accordance with applicable due process
requirements; and
(2) with respect to immigration judges and members of the
Board of Immigration Appeals, to the extent practicable, 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 sector, including nonprofit, private
bar, or academic experience.
(c) Addressing Support Staff Shortages.--Subject to the
availability of funds made available in advance in appropriations Acts,
the Attorney General shall ensure that each immigration judge has
sufficient support staff, adequate technological and security
resources, and appropriate courtroom facilities.
(d) Additional Board of Immigration Appeals Personnel.--The
Attorney General shall increase the number of Board of Immigration
Appeals staff attorneys (including necessary additional support staff)
to efficiently process cases by not fewer than 23 attorneys during each
of fiscal years 2025, 2026, and 2027.
(e) GAO Report.--The Comptroller General of the United States
shall--
(1) conduct a study of the impediments to efficient hiring
of immigration court judges within the Department of Justice;
and
(2) propose solutions to Congress for improving the
efficiency of the hiring process.
SEC. 4103. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND MEMBERS OF THE
BOARD OF IMMIGRATION APPEALS.
(a) In General.--To ensure efficient and fair proceedings, the
Director of the Executive Office for Immigration Review shall establish
or expand, as applicable, training programs for immigration judges and
members of the Board of Immigration Appeals.
(b) Mandatory Training.--Training referred to under subsection (a)
shall include the following:
(1) Expansion of the training program for new immigration
judges and members of the Board of Immigration Appeals to
include age sensitivity, gender sensitivity, and trauma
sensitivity.
(2) Continuing education regarding current developments in
immigration law, including through regularly available training
resources and an annual conference.
(3) Training on properly crafting and dictating decisions
and standards of review, including improved on-bench reference
materials and decision templates.
SEC. 4104. NEW TECHNOLOGY TO IMPROVE COURT EFFICIENCY.
The Director of the Executive Office for Immigration Review shall
modernize its case management, video-teleconferencing, digital audio
recording, and related electronic and computer-based systems, including
by allowing for electronic filing, to improve efficiency in the
processing of immigration proceedings.
SEC. 4105. COURT APPEARANCE COMPLIANCE AND LEGAL ORIENTATION.
(a) Access to Legal Orientation Programs To Ensure Court Appearance
Compliance.--
(1) In general.--The Secretary, in consultation with the
Attorney General, shall establish procedures to ensure that
legal orientation programs are available for all noncitizens
detained by the Secretary.
(2) Program elements.--Programs under paragraph (1) shall
provide information to noncitizens regarding the following:
(A) The basic procedures of immigration hearings.
(B) The rights and obligations of noncitizens
relating to immigration hearings, including the
consequences of filing frivolous legal claims and of
failing to appear for proceedings.
(C) Legal protections available to noncitizens and
the procedures for requesting such protections.
(D) Legal resources available to noncitizens and
lists of potential legal services providers.
(E) Any other subject the Attorney General
considers necessary and appropriate.
(3) Eligibility.--A noncitizen shall be given access to
legal orientation programs under this subsection regardless of
the noncitizen's current immigration status, prior immigration
history, or potential for immigration relief.
(b) 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 status.
SEC. 4106. IMPROVING COURT EFFICIENCY AND REDUCING COSTS BY INCREASING
ACCESS TO LEGAL INFORMATION.
(a) Appointment of Counsel in Certain Cases; Right To Review
Certain Documents in Removal Proceedings.--Section 240(b) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``, at no expense to the
Government,''; and
(ii) by striking the comma at the end and
inserting a semicolon;
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) the Attorney General may appoint or provide
counsel, at Government expense, to noncitizens in
immigration proceedings;
``(C) at the beginning of the proceedings or as
expeditiously as possible thereafter, a noncitizen
shall receive a complete copy of all relevant documents
in the possession of the Department of Homeland
Security, including all documents (other than documents
protected from disclosure by privilege, including
national security information referred to in
subparagraph (D), law enforcement-sensitive
information, and information prohibited from disclosure
pursuant to any other provision of law) contained in
the file maintained by the Government, including
information with respect to all transactions involving
the noncitizen during the immigration process (commonly
referred to as an `A-file') and all documents
pertaining to the noncitizen that the Department of
Homeland Security has obtained or received from other
government agencies, 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 understands;''; and
(D) in subparagraph (D), as redesignated, by
striking ``, and'' and inserting ``; and''; and
(2) by adding at the end the following:
``(8) Failure to provide noncitizen required documents.--In
the absence of a written waiver under paragraph (4)(C), a
removal proceeding may not proceed until the noncitizen--
``(A) has received the documents as required under
such paragraph; and
``(B) has been provided meaningful time to review
and assess such documents.''.
(b) Right to Counsel.--
(1) In general.--Section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362) is amended to read as follows:
``SEC. 292. RIGHT TO COUNSEL.
``(a) In General.--In any proceeding conducted under section 235,
236, 238, 240, 241, or any other section of this Act, and in any appeal
proceedings before the Attorney General from any such proceedings, the
noncitizen concerned shall have the privilege of being represented by
such counsel authorized to practice in such proceedings, as the
noncitizen shall choose.
``(b) Access to Counsel.--
``(1) In general.--The Attorney General may appoint or
provide counsel to a noncitizen in any proceeding conducted
under section 235, 236, 238, 240, or 241 or any other section
of this Act.
``(2) Detention and border facilities.--The Secretary of
Homeland Security shall ensure that noncitizens have access to
counsel inside all immigration detention and border facilities.
``(c) Children and Vulnerable Individuals.--Notwithstanding
subsection (b), at the beginning of proceedings or as expeditiously as
possible, the Attorney General shall appoint, at the expense of the
Government, counsel to represent any noncitizen financially unable to
obtain adequate representation in such proceedings, including any
noncitizen who has been determined by the Secretary of Homeland
Security or the Attorney General to be--
``(1) a child;
``(2) a particularly vulnerable individual, including--
``(A) a person with a disability;
``(B) a victim of abuse, torture, or violence; and
``(C) a pregnant or lactating woman; or
``(3) the parent of a United States citizen minor.
``(d) Extension to Consolidated Cases.--If the Attorney General has
consolidated the case of any noncitizen for whom counsel was appointed
under subsection (c) with that of any other noncitizen, and such other
noncitizen does not have counsel, the counsel appointed under
subsection (c) shall be appointed to represent such other noncitizen
unless there is a demonstrated conflict of interest.''.
(2) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall promulgate
regulations to implement subsection (c) of section 292 of the
Immigration and Nationality Act, as added by paragraph (1).
(c) Immigration Counsel Fund.--
(1) In general.--Chapter 9 of title II of the Immigration
and Nationality Act (8 U.S.C. 1351 et seq.) is amended by
adding at the end the following:
``SEC. 295. IMMIGRATION COUNSEL FUND.
``(a) In General.--There is established in the general fund of the
Treasury a separate account to be known as the `Immigration Counsel
Fund'.
``(b) Deposits.--Notwithstanding any other provision of this Act,
there shall be deposited as offsetting receipts into the Immigration
Counsel Account all surcharges collected under subsection (c) for the
purpose of providing access to counsel as required or authorized under
this Act, to remain available until expended.
``(c) Surcharge.--In any case in which a fee is charged pursuant to
the immigration laws, a surcharge of $25 shall be imposed and
collected.
``(d) Report.--Not later than 2 years after the date of the
enactment of this section, and biennially thereafter, the Secretary of
Homeland Security shall submit to Congress a report on the status of
the Immigration Counsel Account, including--
``(1) the balance in the Immigration Counsel Account; and
``(2) any recommendation with respect to modifications to
the surcharge under subsection (c) necessary to ensure that the
receipts collected for the subsequent 2 years equal, as closely
as possible, the cost of providing access to counsel as
required or authorized under this Act.''.
(2) Table of contents.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 294 the
following:
``Sec. 295. Immigration Counsel Fund.''.
(d) Motions To Reopen.--Section 240(c)(7)(C) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding at the
end the following:
``(v) Special rule for children and other
vulnerable noncitizens.--If the Attorney
General fails to appoint counsel for a
noncitizen in violation of section 292(c)--
``(I) no limitation under this
paragraph with respect to the filing of
any motion to reopen shall apply to the
noncitizen; and
``(II) the filing of a motion to
reopen by the noncitizen shall stay the
removal of the noncitizen.''.
SEC. 4107. FACILITATING SAFE AND EFFICIENT REPATRIATION.
(a) United States Support for Reintegration.--The Secretary of
State, in consultation with the Secretary and the Administrator of the
United States Agency for International Development, shall coordinate
with the governments of El Salvador, Guatemala, Honduras, and any other
country in Central America the Secretary of State considers
appropriate, to promote the successful reintegration of families,
unaccompanied noncitizen children, and other noncitizens repatriated to
their countries of origin by assisting in the development and funding
of programs in such countries that--
(1) provide comprehensive reintegration services at the
municipal level for repatriated noncitizens, including family
reunification and access to medical and psychosocial services;
(2) support the establishment of educational and vocational
centers for repatriated noncitizens that provide skills
training relevant to national and local economic needs;
(3) promote the hiring of repatriated noncitizens in the
private sector, including through strategic partnerships with
specific industries and businesses;
(4) support the issuance of appropriate documents to
repatriated noncitizens, including identification documents,
documents relating to educational attainment, and documents
certifying skill attainment; and
(5) monitor repatriated unaccompanied noncitizen children
to ensure their adequate screening and processing in the United
States.
(b) Eligibility of Citizens and Nationals of Repatriation
Country.--Paragraphs (1), (2), and (3) of subsection (a) shall not
necessarily exclude citizens or nationals of the countries of origin.
(c) Consultation With Nongovernmental Organizations.--In assisting
in the development of programs under subsection (a), the Secretary of
State shall consult with nongovernmental organizations in the countries
concerned and in the United States that have experience in--
(1) integrating repatriated individuals and families;
(2) protecting and ensuring the welfare of unaccompanied
noncitizen children; and
(3) promoting economic development and skills acquisition.
Subtitle B--Protecting Family Values and Monitoring and Caring for
Unaccompanied Noncitizen Children After Arrival
SEC. 4201. DEFINITION OF LOCAL EDUCATIONAL AGENCY.
In this subtitle, the term ``local educational agency'' has the
meaning given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
SEC. 4202. RESPONSIBILITY OF SPONSOR FOR IMMIGRATION COURT COMPLIANCE
AND CHILD WELL-BEING.
(a) In General.--The Secretary of Health and Human Services, in
consultation with the Attorney General, shall establish procedures to
ensure that a legal orientation program is provided to each sponsor
(including parents, legal guardians, and close relatives) of an
unaccompanied noncitizen child before the unaccompanied noncitizen
child is placed with the sponsor.
(b) Program Elements.--A program under subsection (a) shall provide
information to sponsors regarding each of the following:
(1) The basic procedures of immigration hearings.
(2) The rights and obligations of the unaccompanied
noncitizen child relating to immigration hearings, including
the consequences of filing frivolous legal claims and of
failing to appear for proceedings.
(3) The obligation of the sponsor--
(A) to ensure that the unaccompanied noncitizen
child appears at immigration court proceedings;
(B) to notify the court of any change of address of
the unaccompanied noncitizen child and other relevant
information; and
(C) to address the needs of the unaccompanied
noncitizen child, including providing access to health
care and enrolling the child in an educational
institution.
(4) Legal protections available to unaccompanied noncitizen
children and the procedures for requesting such protections.
(5) Legal resources available to unaccompanied noncitizen
children and lists of potential legal services providers.
(6) The importance of reporting potential child traffickers
and other persons seeking to victimize or exploit unaccompanied
noncitizen children, or otherwise engage such unaccompanied
noncitizen children in criminal, harmful, or dangerous
activity.
(7) Any other subject the Secretary of Health and Human
Services or the Attorney General considers necessary and
appropriate.
SEC. 4203. FUNDING TO SCHOOL DISTRICTS FOR UNACCOMPANIED NONCITIZEN
CHILDREN.
(a) Grants Authorized.--The Secretary of Education shall award
grants, on a competitive basis, to eligible local educational agencies
or consortia of neighboring local educational agencies described in
subsection (b), to enable the local educational agencies or consortia
to enhance opportunities for, and provide services to, immigrant
children, including unaccompanied noncitizen children, in the area
served by the local educational agencies or consortia.
(b) Eligible Local Educational Agencies.--
(1) In general.--A local educational agency or a consortium
of neighboring local educational agencies is eligible for a
grant under subsection (a) if, during the fiscal year for which
a grant is awarded under this section, there are 50 or more
unaccompanied noncitizen children enrolled in the public
schools served by the local educational agency or the
consortium.
(2) Determinations of number of unaccompanied noncitizen
children.--The Secretary of Education shall determine the
number of unaccompanied noncitizen children for purposes of
paragraph (1) 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
Security.
(c) 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 time, in such manner, and containing such information as the
Secretary of Education may require, including a description of how the
grant will be used to enhance opportunities for, and provide services
to, immigrant children and youth (including unaccompanied noncitizen
children) and their families.
SEC. 4204. SCHOOL ENROLLMENT.
To be eligible for funding under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), a local educational
agency shall take measures--
(1) to ensure that an unaccompanied noncitizen child in the
area served by the local educational agency is enrolled in
school not later than 7 days after the date on which a request
for enrollment is made; and
(2) to remove barriers to enrollment and full participation
in educational programs and services offered by the local
educational agency for unaccompanied noncitizen children
(including barriers related to documentation, age, and
language), which shall include reviewing and revising policies
that may have a negative effect on unaccompanied noncitizen
children.
Subtitle C--Admission and Protection of Refugees, Asylum Seekers, and
Other Vulnerable Individuals
SEC. 4301. ELIMINATION OF TIME LIMITS ON ASYLUM APPLICATIONS.
Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1158(a)(2)) is amended--
(1) in subparagraph (A), by inserting ``or the Secretary''
after ``Attorney General'' each place it appears;
(2) by striking subparagraphs (B) and (D);
(3) by redesignating subparagraph (C) as subparagraph (B);
(4) in subparagraph (B), as redesignated, by striking
``subparagraph (D)'' and inserting ``subparagraphs (C) and
(D)''; and
(5) by inserting after subparagraph (B), as redesignated,
the following:
``(C) Changed circumstances.--Notwithstanding
subparagraph (B), an application for asylum of a
noncitizen may be considered if the noncitizen
demonstrates, to the satisfaction of the Attorney
General or the Secretary, the existence of changed
circumstances that materially affect the noncitizen's
eligibility for asylum.
``(D) Motion to reopen certain meritorious
claims.--Notwithstanding subparagraph (B) of section
240(c)(7), during the 2-year period beginning on the
date of the enactment of this Act, 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--
``(i) was denied asylum based solely on a
failure to meet the 1-year application filing
deadline in effect on the date on which the
application was filed;
``(ii) was granted withholding of removal
to the noncitizen's country of nationality (or,
in the case of a person having no nationality,
to the country of last habitual residence)
under section 241(b)(3);
``(iii) has not obtained lawful permanent
residence in the United States pursuant to any
other provision of law;
``(iv) is not subject to the safe third
country exception under subparagraph (A) or to
a bar to asylum under subsection (b)(2); and
``(v) was not denied asylum as a matter of
discretion.''.
SEC. 4302. INCREASING ANNUAL NUMERICAL LIMITATION ON U VISAS.
Section 214(p) of the Immigration and Nationality Act (8 U.S.C.
1184(p)) is amended in paragraph (2)(A) by striking ``10,000'' and
inserting ``30,000''.
SEC. 4303. EMPLOYMENT AUTHORIZATION FOR ASYLUM SEEKERS AND OTHER
INDIVIDUALS.
(a) Asylum Seekers.--Section 208(d)(2) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(2)) is amended to read as follows:
``(2) Employment authorization.--
``(A) 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
frivolous.
``(B) Application.--
``(i) In general.--An applicant for asylum
(unless otherwise eligible for employment
authorization) 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 regulation,
but which shall not exceed 180 days, after the
filing of the application for asylum.
``(ii) Date of filing.--For purposes of
this subparagraph, 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 General, as applicable.
``(C) Term.--Employment authorization for an
applicant for asylum shall be valid until the date on
which there is a final denial of the asylum
application, including any administrative or judicial
review.''.
(b) Individuals Granted Withholding of Removal or Applying for
Withholding of Removal.--Section 241(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)) is amended by adding at the end
the following:
``(D) Employment authorization.--
``(i) In general.--The Secretary of
Homeland Security shall authorize employment
for a noncitizen who is not in detention and
who has been granted--
``(I) withholding of removal under
this paragraph; or
``(II) withholding or deferral of
removal under the Convention against
Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done
at New York December 10, 1984.
``(ii) Term.--Employment authorization for
a noncitizen described in clause (i) shall be--
``(I) valid for a period of 2
years; and
``(II) renewable for additional 2-
year periods for the duration of such
withholding or deferral of removal
status.''.
``(iii) Applicant eligibility.--
``(I) In general.--The Secretary of
Homeland Security shall authorize
employment for a noncitizen who is not
in detention, and whose application for
withholding of removal under this
paragraph or withholding or deferral of
removal under the Convention against
Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done
at New York December 10, 1984, has not
been determined to be frivolous.
``(II) Application.--
``(aa) In general.--A
noncitizen described in
subclause (I) 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 regulation, but which shall
not exceed 180 days, after the
filing of an application
described in such subclause.
``(bb) Date of filing.--For
purposes of this clause, an
application under subclause (I)
shall be considered to be filed
on the date on which the
applicant submits the
application to the Attorney
General.
``(III) Term.--Employment
authorization for a noncitizen
described in subclause (I) shall be
valid until the date on which there is
a final denial of the application under
subclause (I), including any
administrative or judicial review.''.
SEC. 4304. ENHANCED PROTECTION FOR INDIVIDUALS SEEKING T VISAS, U
VISAS, AND PROTECTION UNDER VAWA.
(a) Employment Authorization for T Visa Applicants.--Section 214(o)
(8 U.S.C. 1184(o)) is amended by adding at the end the following:
``(8) Notwithstanding any provision of this Act relating to
eligibility for employment in the United States, the Secretary
of Homeland Security shall grant employment authorization to a
noncitizen who has filed a nonfrivolous application for
nonimmigrant status under section 101(a)(15)(T), which
authorization shall begin on the date that is the earlier of--
``(A) the date on which the noncitizen's
application for such status is approved; or
``(B) a date determined by the Secretary that is
not later than 180 days after the date on which the
noncitizen filed the application.''.
(b) Increased Accessibility and Employment Authorization for U Visa
Applicants.--Section 214(p) of the Immigration and Nationality Act (8
U.S.C. 1184(p)) is amended--
(1) in paragraph (6), by striking the last sentence; and
(2) by adding at the end the following:
``(8) Employment authorization.--Notwithstanding any
provision of this Act relating to eligibility for employment in
the United States, the Secretary of Homeland Security shall
grant employment authorization to a noncitizen who has filed an
application for nonimmigrant status under section
101(a)(15)(U), which authorization shall begin on the date that
is the earlier of--
``(A) the date on which the noncitizen's petition
for such status is approved; or
``(B) a date determined by the Secretary that is
not later than 180 days after the date on which the
noncitizen filed the petition.''.
(c) Prohibition on Removal of Certain Victims With Pending
Petitions and Applications.--
(1) In general.--Section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) is amended--
(A) by redesignating subsection (e) as subsection
(f); and
(B) by inserting after subsection (d) the
following:
``(e) Prohibition on Removal of Certain Victims With Pending
Petitions and Applications.--
``(1) In general.--A noncitizen described in paragraph (2)
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 status,
including any administrative or judicial review.
``(2) Noncitizens described.--A noncitizen described in
this paragraph is a noncitizen who--
``(A) has a pending nonfrivolous application or
petition under--
``(i) subparagraph (T) or (U) of section
101(a)(15);
``(ii) section 106;
``(iii) section 240A(b)(2); or
``(iv) section 244(a)(3) (as in effect on
March 31, 1997); or
``(B) is a VAWA self-petitioner, as defined in
section 101(a)(51), and has a pending application for
relief under a provision referred to in any of
subparagraphs (A) through (G) of such section.''.
(2) Conforming amendment.--Section 240(b)(7) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)(7)) is
amended by striking ``subsection (e)(1)'' and inserting
``subsection (f)(1)''.
(d) Prohibition on Detention of Certain Victims With Pending
Petitions and Applications.--Section 236 of the Immigration and
Nationality Act (8 U.S.C. 1226) is amended by adding at the end the
following:
``(f) Detention of Certain Victims With Pending Petitions and
Applications.--
``(1) Presumption of release.--
``(A) In general.--Notwithstanding any other
provision of this Act, there shall be a presumption
that a noncitizen described in paragraph (2) should be
released from detention.
``(B) Rebuttal.--The Secretary of Homeland Security
may rebut the presumption of release based on clear and
convincing evidence, including credible and
individualized information, that--
``(i) the use of alternatives to detention
will not reasonably ensure the appearance of
the noncitizen at removal proceedings; or
``(ii) the noncitizen is a threat to
another person or the community.
``(C) Pending criminal charge.--A pending criminal
charge against a noncitizen may not be the sole factor
to justify the continued detention of the noncitizen.
``(2) Noncitizen described.--A noncitizen described in this
paragraph is a noncitizen who--
``(A) has a pending application, which has not been
found to be frivolous, under--
``(i) subparagraph (T) or (U) of section
101(a)(15);
``(ii) section 106;
``(iii) section 240A(b)(2); or
``(iv) section 244(a)(3) (as in effect on
March 31, 1997); or
``(B) is a VAWA self-petitioner, as defined in
section 101(a)(51), has a pending petition for relief,
and can demonstrate prima facie eligibility under a
provision referred to in any of subparagraphs (A)
through (G) of such section.''.
SEC. 4305. ALTERNATIVES TO DETENTION.
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226),
as amended by section 4304, is further amended by adding at the end the
following:
``(g) Alternatives to Detention.--
``(1) In general.--The Secretary of Homeland Security shall
establish programs that provide alternatives to detaining
noncitizens, which shall offer a continuum of supervision
mechanisms and options, including community-based supervision
programs and community support.
``(2) Contracts with nongovernmental organizations.--The
Secretary of Homeland Security may contract with
nongovernmental community-based organizations to provide
services for programs under paragraph (1), including case
management services, appearance assistance services, and
screening of detained noncitizens.''.
SEC. 4306. NOTIFICATION OF PROCEEDINGS.
(a) Written Record of Address.--Section 239(a) of the Immigration
and Nationality Act (8 U.S.C. 1229(a)) is amended--
(1) in paragraph (1)(F), by inserting ``the Secretary of
Homeland Security or'' before ``the Attorney General'' each
place such term appears; and
(2) in paragraph (2)(A) by striking ``the noncitizen or to
the noncitizen's counsel of record'' and inserting ``the
noncitizen and to the noncitizen's counsel of record''.
SEC. 4307. CONVERSION OF CERTAIN PETITIONS.
Section 2 of Public Law 110-242 (8 U.S.C. 1101 note) is amended by
striking subsection (b) and inserting the following:
``(b) Duration.--The authority under subsection (a) shall expire on
the date on which the numerical limitation specified under section
1244(c) of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 8 U.S.C. 1157 note) is reached.''.
SEC. 4308. IMPROVEMENTS TO APPLICATION PROCESS FOR AFGHAN SPECIAL
IMMIGRANT VISAS.
Subsection (b) of section 602 of the Afghan Allies Protection Act
of 2009 (8 U.S.C. 1101 note) is amended--
(1) in paragraph (2)(A)(ii), by inserting ``for the first
time'' after ``September 30, 2015''; and
(2) in paragraph (4)(A), by inserting ``, including Chief
of Mission approval,'' after ``so that all steps''.
SEC. 4309. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING SPOUSES AND
CHILDREN.
(a) In General.--Section 101(a)(27)(D) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(D)) is amended--
(1) by striking ``an immigrant who is an employee'' and
inserting the following: ``an immigrant who--
``(i) is an employee''; and
(2) by striking ``grant such status;'' and inserting the
following: ``grant such status; or
``(ii) is the surviving spouse or child of
an employee of the United States Government
abroad: Provided, That the employee performed
faithful service for a total of not less than
15 years or was killed in the line of duty;''.
(b) Special Immigrant Status for Surviving Spouses and Children.--
(1) In general.--Section 602(b)(2)(C) of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(A) in clause (ii), by redesignating subclauses (I)
and (II) as items (aa) and (bb), respectively;
(B) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively, and moving such
subclauses 2 ems to the right;
(C) in the matter preceding subclause (I), as
redesignated, by striking ``An alien is described'' and
inserting the following:
``(i) In general.--A noncitizen is
described'';
(D) in clause (i)(I), as redesignated, by striking
``who had a petition for classification approved'' and
inserting ``who had submitted an application to the
Chief of Mission''; and
(E) by adding at the end the following:
``(ii) Employment requirements.--An
application by a surviving spouse or child of a
principal noncitizen shall be subject to
employment requirements set forth in
subparagraph (A) as of the date of the
principal noncitizen's filing of an application
for the first time, or if no application has
been filed, the employment requirements as of
the date of the principal noncitizen's
death.''.
(2) Conforming amendments.--Section 602 of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(A) in the paragraph and subparagraph headings, by
striking ``Aliens'' each place it appears and inserting
``Noncitizens'';
(B) by striking ``an alien'' each place it appears
and inserting ``a noncitizen'';
(C) by striking ``An alien'' each place it appears
and inserting ``A noncitizen'';
(D) by striking ``alien'' each place it appears and
inserting ``noncitizen'';
(E) by striking ``aliens'' each place it appears
and inserting ``noncitizens''; and
(F) by striking ``alien's'' each place it appears
and inserting ``noncitizen's''.
(c) Special Immigrant Status for Certain Iraqis.--
(1) In general.--Section 1244(b)(3) of the Refugee Crisis
in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended--
(A) by striking ``described in subsection (b)'' and
inserting ``in this subsection'';
(B) in subparagraph (B), by redesignating clauses
(i) and (ii) as subclauses (I) and (II), respectively,
and moving such subclauses 2 ems to the right;
(C) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and moving such
clauses 2 ems to the right;
(D) in the matter preceding clause (i), as
redesignated, by striking ``An alien is described'' and
inserting the following:
``(A) In general.--A noncitizen is described'';
(E) in subparagraph (A)(i), as redesignated, by
striking ``who had a petition for classification
approved'' and inserting ``who submitted an application
to the Chief of Mission''; and
(F) by adding at the end the following:
``(B) Employment requirements.--An application by a
surviving spouse or child of a principal noncitizen
shall be subject to employment requirements set forth
in paragraph (1) as of the date of the principal
noncitizen's filing of an application for the first
time, or if the principal noncitizen did not file an
application, the employment requirements as of the date
of the principal noncitizen's death.''.
(2) Conforming amendments.--The Refugee Crisis in Iraq Act
of 2007 (8 U.S.C. 1157 note) is amended by--
(A) in the subsection headings, by striking
``Aliens'' each place it appears and inserting
``Noncitizens'';
(B) in the paragraph headings, by striking
``Aliens'' each place it appears and inserting
``Noncitizens'';
(C) by striking ``an alien'' each place it appears
and inserting ``a noncitizen'';
(D) by striking ``An alien'' each place it appears
and inserting ``A noncitizen'';
(E) by striking ``alien'' each place it appears and
inserting ``noncitizen'';
(F) by striking ``aliens'' each place it appears
and inserting ``noncitizens''; and
(G) by striking ``alien's'' each place it appears
and inserting ``noncitizen's''.
(d) Effective Date.--The amendments made by this section shall be
effective on the date of the enactment of this Act and shall have
retroactive effect.
SEC. 4310. SPECIAL IMMIGRANT STATUS FOR CERTAIN SYRIANS WHO WORKED FOR
THE UNITED STATES GOVERNMENT IN SYRIA.
(a) In General.--Subject to subsection (c)(1), for purposes of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary
may provide any noncitizen described in subsection (b) with the status
of a special immigrant under section 101(a)(27) of that Act (8 U.S.C.
1101(a)(27)) if--
(1) the noncitizen, or an agent acting on behalf of the
noncitizen, submits a petition to the Secretary under section
204 of that Act (8 U.S.C. 1154) for classification under
section 203(b)(4) of that Act (8 U.S.C. 1153(b)(4));
(2) the noncitizen is otherwise eligible to receive an
immigrant visa;
(3) the noncitizen is otherwise admissible to the United
States for permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of that Act (8
U.S.C. 1182(a)(4))), except that an applicant for admission to
the United States under this section may not be considered
inadmissible based solely on membership in, participation in,
or support provided to, the Syrian Democratic Forces or other
partner organizations, as determined by the Secretary of
Defense; and
(4) the noncitizen clears a background check and
appropriate screening, as determined by the Secretary.
(b) Noncitizens Described.--A noncitizen described in this
subsection is a noncitizen who--
(1)(A) is a citizen or national of Syria or a stateless
person who has habitually resided in Syria;
(B) was employed by or on behalf of (including under a
contract, cooperative agreement or grant with) the United
States Government in Syria, for a period of not less than 1
year beginning on January 1, 2014; and
(C) obtained a favorable written recommendation from a U.S.
citizen supervisor who was in the chain of command of the
United States Armed Forces unit or U.S. Government entity that
was supported by the noncitizen; or
(2)(A) is the spouse or a child of a principal noncitizen
described in paragraph (1); and
(B)(i) is following or accompanying to join the principal
noncitizen in the United States; or
(ii) due to the death of the principal noncitizen, a
petition to follow or accompany to join the principal
noncitizen in the United States--
(I) was or would be revoked, terminated, or
otherwise rendered null; and
(II) would have been approved if the principal
noncitizen had survived.
(c) Numerical Limitations.--
(1) In general.--Except as otherwise provided in this
subsection, the total number of principal noncitizens who may
be provided special immigrant status under this section may not
exceed 5,000 in any of the first 5 fiscal years beginning after
the date of the enactment of this Act.
(2) Exemption from numerical limitations.--Noncitizens
provided special immigrant status under this section shall not
be counted against any numerical limitation under section
201(d), 202(a), or 203(b)(4) of the Immigration and Nationality
Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(3) Carry forward.--If the numerical limitation set forth
in paragraph (1) is not reached during a fiscal year, the
numerical limitation under such paragraph for the following
fiscal year shall be increased by a number equal to the
difference between--
(A) the number of visas authorized under paragraph
(1) for such fiscal year; and
(B) the number of principal noncitizens provided
special immigrant status under this section during such
fiscal year.
(d) Visa Fees and Travel Document Issuance.--
(1) In general.--A noncitizen described in subsection (b)
may not be charged any fee in connection with an application
for, or the issuance of, a special immigrant visa under this
section.
(2) 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 States.
(e) Protection of Noncitizens.--The Secretary of State, in
consultation with the head of any other appropriate Federal agency,
shall make a reasonable effort to provide protection to each noncitizen
described in subsection (b) who is seeking special immigrant status
under this section or to immediately remove such noncitizen from Syria,
if possible, if the Secretary of State determines, after consultation,
that such noncitizen is in imminent danger.
(f) Application Process.--
(1) Representation.--A noncitizen applying for admission to
the United States as a special immigrant under this section may
be represented during the application process, including for
relevant interviews and examinations, by an attorney or other
accredited representative. Such representation shall not be at
the expense of the United States Government.
(2) Completion.--
(A) In general.--The Secretary of State and the
Secretary, in consultation with the Secretary of
Defense, 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 visas, including required screenings
and background checks, are completed not later than 270
days after the date on which an eligible noncitizen
submits all required materials to apply for such visa.
(B) Rule of construction.--Notwithstanding
subparagraph (A), the Secretary of State, the
Secretary, or the Secretary of Defense may take longer
than 270 days to complete the steps incidental to
issuing a visa under this section if the Secretary of
State, the Secretary, or the Secretary of Defense, or a
designee--
(i) determines that the satisfaction of
national security concerns requires additional
time; and
(ii) notifies the applicant of such
determination.
(3) Appeal.--A noncitizen whose petition for status as a
special immigrant is rejected or revoked--
(A) shall receive a written decision that provides,
to the maximum extent feasible, information describing
the basis for the denial, including the facts and
inferences underlying the individual determination; and
(B) shall be provided not more than 1 written
appeal per rejection or denial, which--
(i) shall be submitted to the authority
that issued the denial not more than 120 days
after the date on which the applicant receives
a decision pursuant to subparagraph (A);
(ii) may request the reopening of such
decision; and
(iii) shall provide additional information,
clarify existing information, or explain any
unfavorable information.
(g) Eligibility for Other Immigrant Classification.--A noncitizen
may not be denied the opportunity to apply for admission under this
section solely because such noncitizen--
(1) qualifies as an immediate relative of a citizen of the
United States; or
(2) is eligible for admission to the United States under
any other immigrant classification.
(h) Processing Mechanisms.--The Secretary of State shall use
existing refugee processing mechanisms in Iraq and in other countries,
as appropriate, in the region in which noncitizens described in
subsection (b) may apply and interview for admission to the United
States as special immigrants.
(i) Resettlement Support.--A noncitizen who is granted special
immigrant status under this section shall be eligible for the same
resettlement assistance, entitlement programs, and other benefits as
are available to refugees admitted under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157).
(j) Authority To Carry Out Administrative Measures.--The Secretary,
the Secretary of State, and the Secretary of Defense shall implement
any additional administrative measures they consider necessary and
appropriate--
(1) to ensure the prompt processing of applications under
this section;
(2) to preserve the integrity of the program established
under this section; and
(3) to protect the national security interests of the
United States related to such program.
(k) Report to Congress.--
(1) In general.--Not later than January 30 each year, 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--
(A) the Committee on the Judiciary, the Committee
on Foreign Relations, and the Committee on Armed
Services of the Senate; and
(B) the Committee on the Judiciary, the Committee
on Foreign Affairs, and the Committee on Armed Services
of the House of Representatives.
(2) Elements.--Each report required by paragraph (1) shall
include, for the applicable calendar year, the following:
(A) The number of petitions filed under such
program.
(B) The number of such petitions pending
adjudication.
(C) The number of such petitions pending visa
interview.
(D) The number of such petitions pending security
checks.
(E) The number of such petitions that were denied.
(F) The number of cases under such program that
have exceeded the mandated processing time and relevant
case numbers.
(G) A description of any obstacle discovered that
would hinder effective implementation of such program.
(3) Consultation.--In preparing a report under subsection
(a), the Inspector General shall consult with--
(A) the Department of State, Bureau of Consular
Affairs, Visa Office;
(B) the Department of State, Bureau of Near Eastern
Affairs and South and Central Asian Affairs, Executive
Office;
(C) the Department of Homeland Security, U.S.
Citizenship and Immigration Services;
(D) the Department of Defense; and
(E) nongovernmental organizations providing legal
aid in the special immigrant visa application process.
(4) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(5) Publication.--Each report submitted under this
subsection shall be made available to the public on the
internet website of the Department of State.
(l) Rulemaking.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Secretary of Defense and the Secretary of State, shall promulgate
regulations to carry out this section, including establishing
requirements for background checks.
(m) Savings Provision.--Nothing in this section may be construed to
affect the authority of the Secretary under section 1059 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 8 U.S.C. 1101 note).
SEC. 4311. 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
subtitle, including, in addition to annual funds derived from fee
accounts of U.S. Citizenship and Immigration Services, such sums as may
be necessary to reduce the backlog of asylum applications to the
Refugee, Asylum and International Operations Directorate.
TITLE V--EMPLOYMENT AUTHORIZATION AND PROTECTING WORKERS FROM
EXPLOITATION
SEC. 5101. COMMISSION ON EMPLOYMENT AUTHORIZATION.
(a) Establishment.--Not later than the date that is 180 days after
the date of the enactment of this Act, the President, in conjunction
with the President pro tempore of the Senate and the Speaker of the
House of Representatives, shall establish the Employment Authorization
Commission (referred to in this section as the ``Commission'').
(b) Composition.--
(1) In general.--The Commission shall be composed of 10
members, of whom--
(A) 6 members shall be appointed by the President
and shall include representatives of the employer,
labor, and civil rights communities;
(B) 2 members shall be appointed by the President
pro tempore of the Senate, of whom--
(i) 1 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 authorization;
and
(ii) 1 shall be appointed upon the
recommendation of the leader in the Senate to
represent the interests of employers; and
(C) 2 members shall be appointed by the Speaker of
the House of Representatives, of whom--
(i) 1 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
authorization; and
(ii) 1 shall be appointed upon the
recommendation of the leader in the House of
Representatives to represent the interests of
employers.
(2) 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
verification.
(3) Time of appointment.--The appointments required under
paragraph (1) shall be made not later than 180 days after the
date of the enactment of this Act.
(4) Chair.--At the first meeting of the Commission, a
majority of the members of the Commission present and voting,
including at least 6 members of the Commission, shall elect the
Chair of the Commission.
(5) Vacancies.--Any vacancy of the Commission shall not
affect its powers, but shall be filled in the manner in which
the original appointment was made.
(6) Rules and procedures.--
(A) Establishment.--The Commission shall establish
the rules and procedures of the Commission, which shall
require the approval of at least 6 members of the
Commission.
(B) Recommendations and decisions.--All
recommendations and decisions of the Commission shall
require the approval of at least 6 members of the
Commission. Individual members may provide minority or
dissenting opinions.
(c) Duties.--
(1) In general.--The Commission shall--
(A) make recommendations to the President, the
Secretary, and Congress regarding policies to verify
the eligibility of noncitizens for employment in the
United States;
(B) evaluate methods for verification of employment
eligibility that respect--
(i) the rights of employment-authorized
individuals to work in the United States; and
(ii) the freedom from discrimination based
on race or national origin of all workers; and
(C) review error rates for the E-Verify program,
including the impact on various populations by national
origin, race, gender, and socioeconomic background.
(2) Public hearings.--
(A) In general.--The Commission shall convene at
least 1 public hearing on verification for employment
of foreign nationals in the United States.
(B) Report.--The Commission shall provide a summary
of each hearing convened pursuant to subparagraph (A)
to the President, the Secretary, and Congress.
(d) Access to Information.--The Immigrant and Employee Rights
Section of the Department of Justice shall furnish information to the
Commission regarding employee complaints, mediations, and
investigations involving the employment eligibility verification
practices of employers.
(e) Report.--Not later than 180 days after all members of the
Commission have been appointed pursuant to subsection (b), the
Commission shall submit a report to the President, the Secretary, and
Congress that includes--
(1) specific policy recommendations for achieving and
maintaining the goals specified in subsection (c);
(2) recommendations for improvements to existing employment
verification systems, such as the I-9 process and E-Verify, to
ensure that workers are not denied employment on the basis of
false positives.
(f) Travel Expenses.--Members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(g) 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 functions. 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 privilege.
(h) Comptroller General Review.--The Comptroller General of the
United States shall review the recommendations in the report submitted
pursuant to subsection (e) to determine--
(1) which recommendations are most likely to improve
existing employment verification systems; and
(2) whether such recommendations are feasible within
existing budget constraints.
(i) Termination.--The Commission shall terminate on the date that
is 2 years after the date of the enactment of this Act.
SEC. 5102. POWER ACT.
(a) Protection for Victims of Labor and Employment Violations.--
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)) is amended--
(1) in clause (i)--
(A) by amending subclause (I) to read as follows:
``(I) the noncitizen--
``(aa) has suffered substantial
abuse or harm as a result of having
been a victim of criminal activity
described in clause (iii);
``(bb) has suffered substantial
abuse or harm related to a violation
described in clause (iv);
``(cc) is a victim of criminal
activity described in clause (iii) and
would suffer extreme hardship upon
removal; or
``(dd) has suffered a violation
described in clause (iv) and would
suffer extreme hardship upon
removal;'';
(B) in subclause (II), by inserting ``, or a labor
or employment violation resulting in a workplace claim
described in clause (iv)'' before the semicolon at the
end;
(C) in subclause (III)--
(i) by striking ``or State judge, to the
Service'' and inserting ``, State, or local
judge, to the Department of Homeland Security,
to the Equal Employment Opportunity Commission,
to the Department of Labor, to the National
Labor Relations Board''; and
(ii) by inserting ``, or investigating,
prosecuting, or seeking civil remedies for a
labor or employment violation related to a
workplace claim described in clause (iv)''
before the semicolon at the end; and
(D) in subclause (IV)--
(i) by inserting ``(aa)'' after ``(IV)'';
(ii) by inserting ``or'' after the
semicolon at the end; and
(iii) by adding at the end the following:
``(bb) a workplace claim described in clause (iv)
resulted from a labor or employment violation;'';
(2) in clause (ii)(II), by striking ``and'' at the end;
(3) in clause (iii), by striking ``or'' at the end and
inserting ``and''; and
(4) by adding at the end the following:
``(iv) if the labor or employment violation related to a
workplace claim, the noncitizen--
``(I) has filed, is a material witness in, or is
likely to be helpful in the investigation of, a bona
fide workplace claim (as defined in section
274A(e)(10)(B)(i)(II)); and
``(II) reasonably fears, has been threatened with,
or has been the victim of, an action involving force,
physical restraint, retaliation, 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 claim; or''.
(b) Requirements Applicable to U Nonimmigrant Visas.--Section
214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)), as
amended by section 4304, is further amended--
(1) in paragraph (1)--
(A) by striking ``The petition'' and inserting the
following:
``(A) In general.--The petition'';
(B) by inserting ``or investigating, prosecuting,
or seeking civil remedies for workplace claims
described in section 101(a)(15)(U)(iv)'' after
``section 101(a)(15)(U)(iii)'' each place such term
appears; and
(C) by adding at the end the following:
``(B) Fees.--A noncitizen petitioning for, or
having status under, section 101(a)(15)(U) may not be
required to submit any fee (or request any fee waiver)
in connection with such petition or status, including
fees associated with biometric services or an
application for advance permission to enter as a
nonimmigrant.
``(C) 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 101(a)(15)(U) for
purposes of initiating or carrying out a removal
proceeding.'';
(2) in paragraph (6)--
(A) by inserting ``or workplace claims described in
section 101(a)(15)(U)(iv)'' after ``described in
section 101(a)(15)(U)(iii)''; and
(B) by inserting ``or workplace claim'' after
``prosecution of such criminal activity''; and
(3) by adding at the end the following:
``(9) Temporary Protection for Victims of Crime, Labor, and
Employment Violations.--Notwithstanding any other provision of
law, the Secretary of Homeland Security may permit a noncitizen
to temporarily remain in the United States, and grant such
noncitizen employment authorization, if the Secretary
determines that the noncitizen--
``(A) has filed for relief under section
101(a)(15)(U); or
``(B)(i) has filed, or is a material witness to, a
bona fide workplace claim (as defined in section
274A(e)(10)(B)(i)(II)); and
``(ii) has been helpful, is being helpful, or is
likely to be helpful to--
``(I) a Federal, State, or local law
enforcement official;
``(II) a Federal, State, or local
prosecutor;
``(III) a Federal, State, or local judge;
``(IV) the Department of Homeland Security;
``(V) the Equal Employment Opportunity
Commission;
``(VI) the Department of Labor, including
the Occupational Safety and Health
Administration;
``(VII) the National Labor Relations Board;
``(VIII) the head official of a State or
local government department of labor, workforce
commission, or human relations commission or
council; or
``(IX) other Federal, State, or local
authorities investigating, prosecuting, or
seeking civil remedies related to the workplace
claim.''.
(c) Removal Proceedings.--Section 239(e) of the Immigration and
Nationality Act (8 U.S.C. 1229(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``In cases where'' and inserting
``If''; and
(B) 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 (2)''; and
(2) in paragraph (2), by adding at the end the following:
``(C) At a facility about which a workplace claim
has been filed or is contemporaneously filed.''.
(d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1)
of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is
amended--
(1) in the matter preceding subparagraph (A), by inserting
``The'' before ``Secretary of Homeland Security''; and
(2) by inserting ``or an investigation or prosecution
regarding a workplace claim'' after ``prosecution''.
(e) Unlawful Employment of Noncitizens.--Section 274A(e) of the
Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by
adding at the end the following:
``(10) Conduct in enforcement actions.--
``(A) Definitions.--In this paragraph:
``(i) Material witness.--The term `material
witness' means an individual who presents a
declaration from an attorney investigating,
prosecuting, or defending the workplace claim
or from the presiding officer overseeing the
workplace claim attesting that, to the best of
the declarant's knowledge and belief,
reasonable cause exists to believe that the
testimony of the individual will be relevant to
the outcome of the workplace claim.
``(ii) Workplace claim.--The term
`workplace claim' means any written or oral
claim, charge, complaint, or grievance filed
with, communicated to, or submitted to the
employer, a Federal, State, or local agency or
court, or an employee representative related to
the violation of applicable Federal, State, and
local labor laws, including laws concerning
wages and hours, labor relations, family and
medical leave, occupational health and safety,
civil rights, or nondiscrimination.
``(B) 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 filed, 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 claim,
the Secretary shall ensure that--
``(i) any noncitizens arrested or detained
who are necessary for the investigation or
prosecution of workplace claim violations or
criminal activity (as described in subparagraph
(T) or (U) of section 101(a)(15)) are not
removed from the United States until after the
Secretary--
``(I) notifies the appropriate law
enforcement agency with jurisdiction
over such violations or criminal
activity; and
``(II) provides such agency with
the opportunity to interview such
noncitizens; and
``(ii) noncitizens entitled to a stay of
removal or abeyance of removal proceedings
under this section are not removed.
``(C) Protections for victims of crime, labor, and
employment violations.--
``(i) Stay of removal or abeyance of
removal proceedings.--Any noncitizen against
whom removal proceedings have been initiated
under chapter 4 of title II, who has filed a
workplace claim, who is a material witness in
any pending or anticipated proceeding involving
a bona fide workplace claim, or who has filed
for relief under section 101(a)(15)(U), 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 101(a)(15)(U) after exhaustion of
administrative appeals unless the Secretary
establishes, by a preponderance of the evidence
in proceedings before the immigration judge
presiding over such noncitizen's removal
hearing, that--
``(I) the noncitizen has been
convicted of a felony or;
``(II) the workplace claim was
filed in bad faith with the intent to
delay or avoid the noncitizen's
removal.
``(ii) Duration.--Any stay of removal or
abeyance of removal proceedings and employment
authorization issued pursuant to clause (i)--
``(I) shall remain valid until the
resolution of the workplace claim or
the denial of relief under section
101(a)(15)(U) after the exhaustion of
administrative appeals; and
``(II) shall be extended by the
Secretary of Homeland Security for a
period not to exceed 10 additional
years upon determining that--
``(aa) such relief would
enable the noncitizen asserting
a workplace claim to pursue the
claim to resolution;
``(bb) the deterrent goals
of any statute underlying a
workplace claim would be
served; or
``(cc) such extension would
otherwise further the interests
of justice.''.
(f) Change of Nonimmigrant Classification.--Section 384(a)(1) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(a)(1)) is amended--
(1) in subparagraph (E), by striking ``physical or mental
abuse and the criminal activity,'' and inserting ``abuse and
the criminal activity or workplace claim;'';
(2) in subparagraph (F), by striking the comma at the end
and inserting ``; or''; and
(3) by inserting after subparagraph (F) the following:
``(G) the noncitizen's employer,''.
SEC. 5103. ADDITIONAL CIVIL PENALTY.
Section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following:
``(7) Additional civil penalties.--An employer is subject
to an additional civil penalty under subsection (e)(12) if--
``(A) the employer engages in a civil violation of
Federal, State, or local labor laws, including--
``(i) laws concerning wages and hours,
labor relations, family and medical leave,
occupational health and safety, civil rights,
or nondiscrimination; and
``(ii) a finding by the agency enforcing
such law in the course of a final settlement of
such violation; and
``(B) such violation takes place with respect to an
unauthorized worker.'';
(2) in subsection (e), as amended by section 5102(f), by
adding at the end the following:
``(11) Additional civil penalties.--An order under this
subsection for a violation of subsection (a)(7) shall require
the employer--
``(A) to cease and desist from such violation; and
``(B) to pay a civil penalty in an amount not to
exceed $5,000 for each unauthorized noncitizen with
respect to whom a violation of such subsection
occurred.''; and
(3) in subsection (f)(2), by striking ``(1)(A) or (2)'' and
inserting ``(1)(A), (2), or (7)''.
SEC. 5104. CONTINUED APPLICATION OF WORKFORCE AND LABOR PROTECTION
REMEDIES.
Section 274A(e) of the Immigration and Nationality Act, as amended
by sections 5102(e) and 5103(2), is further amended by adding at the
end the following:
``(12) Rights, remedies, 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--
``(A) all rights, remedies, and relief provided
under any Federal, State, or local law relating to
workplace rights, including reinstatement and back pay,
are available to such employee; and
``(B) a court may not prohibit such an employee
from pursuing other causes of action giving rise to
liability in a civil action.''.
SEC. 5105. PROHIBITION ON DISCRIMINATION BASED ON NATIONAL ORIGIN OR
CITIZENSHIP STATUS.
(a) In General.--Section 274B(a) of the Immigration and Nationality
Act (8 U.S.C. 1324b(a)) is amended to read as follows:
``(a) Prohibition on Discrimination Based on National Origin or
Citizenship Status.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), it is an unfair immigration-related employment practice
for a person, other entity, or employment agency to
discriminate against any individual (other than an unauthorized
noncitizen (as defined in section 274A(h)(3))) because of such
individual's national origin or citizenship status, with
respect to--
``(A) the hiring of the individual for employment;
``(B) the verification of the individual's
eligibility to work in the United States; or
``(C) the discharging of the individual from
employment.
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A) a person, other entity, or employer that
employs 3 or fewer employees (other than an employment
agency);
``(B) a person's or entity's discrimination based
upon an individual's national origin if the
discrimination with respect to that employer, person,
or entity and that individual is covered under section
703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
2), unless the discrimination is related to an
individual's verification of employment authorization;
or
``(C) discrimination based upon an individual's
citizenship status if such discrimination--
``(i) is required in order to comply with a
provision of Federal, State, or local law
related to law enforcement;
``(ii) is required by a contract with the
Federal Government; or
``(iii) 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 State, Tribal, or local
government.
``(3) Additional exception providing right to prefer
equally qualified citizens.--It is not an unfair immigration-
related employment practice for an employer to prefer to hire,
recruit, 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 2 individuals are equally qualified.
``(4) Unfair immigration-related employment practices
relating to the system.--It is an unfair immigration-related
employment practice for a person, other entity, or employment
agency--
``(A) to use the employment verification system
described in section 274A (referred to in this title as
the `System') to deny workers' employment or post-
employment benefits;
``(B) to misuse the System to discriminate based on
national origin or citizenship status;
``(C) to require an employee or prospective
employee to use any self-verification feature of the
System or provide, as a condition of application or
employment, any self-verification results;
``(D) to use an immigration status verification
system, service, or method other than those described
in section 274A for purposes of verifying employment
eligibility;
``(E) to grant access to document verification or
System data, to any individual or entity not authorized
to have such access; or
``(F) to fail to take reasonable safeguards to
protect against unauthorized loss, use, alteration, or
destruction of System data.
``(5) Prohibition of intimidation or retaliation.--It is an
unfair immigration-related employment practice for a person,
other entity, or employment agency to intimidate, threaten,
coerce, or retaliate against any individual--
``(A) for the purpose of interfering with any right
or privilege secured under this section; or
``(B) because the individual intends to file, or
has filed, a charge or a complaint, or testified,
assisted, or participated in any manner in an
investigation, proceeding, or hearing under this
section.
``(6) Treatment of certain documentary practices as
employment practices.--It is an unfair immigration-related
employment practice for a person, other entity, or employment
agency, for purposes of verifying employment eligibility--
``(A) to request that an individual submit specific
documents, more documents, or different documents than
are required under section 274A; or
``(B) to refuse to honor documents submitted by an
individual that reasonably appear on their face to be
genuine.
``(7) Prohibition of withholding employment records.--It is
an unfair immigration-related employment practice for an
employer that is required under Federal, State, or local law to
maintain records documenting employment, including dates or
hours of work and wages received, to fail to provide such
records to any employee to whom the records pertain, upon
request by such employee.
``(8) Professional, commercial, and business licenses.--An
individual who is authorized to be employed in the United
States may not be denied a professional, commercial, or
business license on the basis of his or her immigration status.
``(9) Employment agency defined.--In this section, the term
`employment agency' means any employer, person, entity, or
agent of such employer, person, or entity that regularly
undertakes, with or without compensation, to procure employees
for employers or to procure for employees opportunities to work
for employers.''.
(b) Referral by EEOC.--Section 274B(b) of the Immigration and
Nationality Act (8 U.S.C. 1324b(b)) is amended by adding at the end the
following:
``(3) Referral by eeoc.--The Equal Employment Opportunity
Commission shall refer all matters alleging immigration-related
unfair employment practices filed with the Commission,
including those alleging violations of paragraph (1), (4), (5),
or (6) of subsection (a), to the Immigrant and Employment
Rights Section of the Department of Justice.''.
(c) Fines.--
(1) In general.--Section 274B(g)(2)(B)(iv) of the
Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)(B)(iv))
is amended to read as follows:
``(iv) to pay the civil penalties set forth
in this clause, which may be adjusted
periodically to account for inflation,
including--
``(I) except as provided in
subclauses (II) through (IV), a civil
penalty of not less than $2,000 and not
more than $5,000 for each individual
subjected to an unfair immigration-
related employment practice;
``(II) except as provided in
subclauses (III) and (IV), in the case
of an employer, person, or entity
previously subject to 1 order under
this paragraph, a civil penalty of not
less than $4,000 and not more than
$10,000 for each individual subjected
to an unfair immigration-related
employment practice;
``(III) except as provided in
subclause (IV), in the case of an
employer, person, or entity previously
subject to more than 1 order under this
paragraph, a civil penalty of not less
than $8,000 and not more than $25,000
for each individual subjected to an
unfair immigration-related employment
practice; and
``(IV) in the case of an unfair
immigration-related employment practice
described in paragraphs (4) through (7)
of subsection (a), a civil penalty of
not less than $500 and not more than
$2,000 for each individual subjected to
an unfair immigration-related
employment practice.''.
(2) Effective date.--The amendment made by paragraph (1)--
(A) shall take effect on the date that is 1 year
after the date of the enactment of this Act; and
(B) shall apply to violations occurring on or after
such date of enactment.
(d) Authorization of Appropriations.--Section 274B(l)(3) (8 U.S.C.
1324b(l)(3)) is amended to read as follows:
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $10,000,000 for each fiscal year (beginning
with fiscal year 1991); and
``(B) an additional $40,000,000 for each of fiscal
years 2024 through 2026.''.
SEC. 5106. FAIRNESS FOR FARMWORKERS.
(a) In General.--Section 7 of the Fair Labor Standards Act of 1938
(29 U.S.C. 207) is amended--
(1) in subsection (a), by adding at the end the following:
``(3)(A) Except as provided in subparagraph (C), beginning on
January 1, 2024, no employer shall employ any employee employed in
agriculture who in any workweek is engaged in commerce or in the
production of goods for commerce, 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
(B), unless such employee receives compensation for employment in
excess of the hours specified in such subparagraph at a rate not less
than 150 percent of the regular rate at which the employee is employed.
``(B) The hours specified in this subparagraph are, subject to
subparagraph (C), as follows:
``(i) Beginning on January 1, 2024, 55 hours in any
workweek.
``(ii) Beginning on January 1, 2025, 50 hours in any
workweek.
``(iii) Beginning on January 1, 2026, 45 hours in any
workweek.
``(iv) Beginning on January 1, 2027, 40 hours in any
workweek.
``(C) With respect to any employer that employs 25 or fewer
employees--
``(i) the requirement under subparagraph (A) shall begin on
January 1, 2027; and
``(ii) the hours specified under subparagraph (B) shall be
as follows:
``(I) The number of hours specified under
subparagraph (B)(i) shall begin on January 1, 2027.
``(II) The number of hours specified under
subparagraph (B)(ii) shall begin on January 1, 2028.
``(III) The number of hours specified under
subparagraph (B)(iii) shall begin on January 1, 2029.
``(IV) The number of hours specified under
subparagraph (B)(iv) shall begin on January 1, 2030.'';
and
(2) by striking subsection (m).
(b) Removing Certain Exemptions for Agricultural Work.--Section 13
of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended--
(1) in subsection (a), by amending paragraph (6) to read as
follows:
``(6) any employee employed in agriculture who is the
parent, spouse, child, or other member of the employer's
immediate family;'';
(2) in subsection (b)--
(A) by striking paragraphs (12) through (16); and
(B) by redesignating paragraphs (17), (20), (21),
(24), (27), (28), (29), and (30) as paragraphs (12),
(13), (14), (15), (16), (17), (18), and (19),
respectively; and
(3) by striking subsections (h) through (j).
(c) Conforming Amendments.--
(1) Fair labor standards act of 1938.--Section 13(c)(1)(A)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(c)(1)(A)) 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 not, during any calendar quarter during
the preceding calendar year, use more than 500 man-days of
agricultural labor (within the meaning of the exemption under
subsection (a)(6)(A)), as in effect on the day before the date
of the enactment of the U.S. Citizenship Act),''.
(2) Migrant and seasonal agricultural worker protection
act.--The Migrant and Seasonal Agricultural Worker Protection
Act (Public Law 97-470) is amended--
(A) in section 3 (29 U.S.C. 1802)--
(i) in paragraph (8), by amending
subparagraph (B) to read as follows:
``(B) The term `migrant agricultural worker' does not
include any immediate family member of an agricultural employer
or a farm labor contractor.''; and
(ii) in paragraph (10), by amending
subparagraph (B) to read as follows:
``(B) The term `seasonal agricultural worker' does not
include--
``(i) any migrant agricultural worker; or
``(ii) any immediate family member of an
agricultural employer or a farm labor contractor.'';
and
(B) in section 4(a) (29 U.S.C. 1803(a)), by
amending paragraph (2) to read as follows:
``(2) Small business exemption.--Any person, other than a
farm labor contractor, who did not, during any calendar quarter
during the preceding calendar year, use more than 500 man-days
of agricultural labor (within the meaning of the exemption
under section 13(a)(6)(A) of the Fair Labor Standards Act of
1938 (29 U.S.C. 213(a)(6)(A)), as in effect on the day before
the date of the enactment of the U.S. Citizenship Act).''.
(d) Effective Dates.--
(1) In general.--The amendments made by subsections (a)(2),
(b)(1), (b)(3), and (c) shall take effect on--
(A) January 1, 2027, with respect to an employer
that employs more than 25 employees; and
(B) January 1, 2030, with respect to an employer
that employs 25 or fewer employees.
(2) Other amendments.--The amendments made by subsection
(b)(2) shall take effect on--
(A) January 1, 2024, with respect to an employer
that employs more than 25 employees; and
(B) January 1, 2027, with respect to an employer
that employs 25 or fewer employees.
SEC. 5107. PROTECTIONS FOR MIGRANT AND SEASONAL LABORERS.
Section 501 of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1851) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Violations of This Act.--
``(1) In general.--Except as otherwise provided in this
section, any person who willfully and knowingly violates this
Act or any regulation under this Act--
``(A) shall be fined not more than $1,000,
sentenced to prison for a term not to exceed 1 year, or
both; and
``(B) upon conviction for any subsequent violation
of this Act or any regulation under this Act, shall be
fined not more than $10,000, sentenced to prison for a
term not to exceed 3 years, or both.
``(2) Identification document offenses.--Any person who
knowingly destroys, conceals, removes, confiscates, or
possesses any actual or purported passport or other immigration
document, 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 18, United States Code, imprisoned not more than 3 years,
or both.
``(3) Travel restrictions.--Any person who knowingly
restricts or attempts to prevent or restrict, without lawful
authority, a person's liberty to move or travel, in furtherance
of a violation of this Act, shall be fined under title 18,
United States Code, imprisoned not more than 5 years, or both.
``(4) Bodily injury.--If bodily injury results from any
acts committed by any person in violation of this Act, or if
such acts include sexual abuse or an attempt to commit sexual
abuse (as described in section 2242 of title 18, United States
Code), or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire, the
person shall be fined under title 18, United States Code,
imprisoned not more than 10 years, or both.
``(5) Death.--If death results from any acts committed by
any person in violation of this Act, or if such acts include
kidnaping or an attempt to kidnap, aggravated sexual abuse, or
an attempt to commit aggravated sexual abuse, or an attempt to
kill, the person shall be fined under title 18, United States
Code, imprisoned for any term of years or for life, or both.
``(6) Subsequent violations.--Except to the extent that a
greater maximum penalty is otherwise provided for in this
section, a person who is convicted for any subsequent violation
of this Act or any regulation under this Act shall be fined
under title 18, United States Code, imprisoned not more than 3
years, or both.''; and
(2) by adding at the end the following:
``(c) Recordkeeping and Wage Requirements.--Any person who
knowingly and with intent to defraud violates section 201(a), 201(f),
301(a), or 301(f), or who knowingly and willfully violates section 202
or 302, shall be fined under title 18, United States Code, imprisoned
not more than 5 years, or both.
``(d) Obstruction Offenses.--Any person who obstructs, attempts to
obstruct, interferes with, or prevents the enforcement of this section,
shall be subject to the same fines and penalties as those prescribed
for the underlying offense involved.''.
SEC. 5108. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, the United States Sentencing Commission,
in accordance with subsection (b), shall promulgate sentencing
guidelines or amend existing sentencing guidelines to increase the
penalties imposed on persons convicted of offenses under--
(1) section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a);
(2) section 501 of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1851);
(3) section 16 of the Fair Labor Standards Act of 1938 (29
U.S.C. 216); and
(4) any other Federal law covering conduct similar to the
conduct prohibited under the provisions of law referred to in
paragraphs (1) through (3).
(b) Requirements.--In carrying out subsection (a), the Sentencing
Commission shall provide sentencing enhancements for any person
convicted of an offense referred to in subsection (a) if such offense
involves--
(1) the confiscation of identification documents;
(2) corruption, bribery, extortion, or robbery;
(3) sexual abuse;
(4) serious bodily injury;
(5) an intent to defraud; or
(6) a pattern of conduct involving multiple violations of
law that--
(A) creates a risk to the health or safety of any
victim; or
(B) denies payments due to victims for work
completed.
SEC. 5109. LABOR LAW ENFORCEMENT FUND.
(a) In General.--Section 286 of the Immigration and Nationality Act
(8 U.S.C. 1356) is amended by adding at the end the following:
``(w) Labor Law Enforcement Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`Labor Law Enforcement Account' (referred to in this subsection
as the `Account').
``(2) Deposits.--There shall be deposited as offsetting
receipts into the Account penalties imposed under section
274A(a)(7).
``(3) Expenditures.--Amounts deposited into the Account
shall be made available to the Secretary of Labor to ensure
compliance with workplace laws, including by random audits of
such employers, in industries that have a history of
significant employment of unauthorized workers or nonimmigrant
workers pursuant to subclause (a) or (b) of section
101(a)(15)(H)(ii).''.
(b) Authorization of Appropriations.--
(1) 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 (other than the amendment made by
subsection (a)).
(2) Availability of funds.--
(A) In general.--Except as provided in subparagraph
(B), amounts authorized to carry out the programs,
projects, and activities recommended by the Commission
may not be expended before--
(i) the date that is 60 days after the
submission of the report required under section
5101(e); or
(ii) the date that is 2 years and 60 days
after the date of the enactment of this Act.
(B) Administrative expenses.--Notwithstanding
subparagraph (A), amounts referred to in that
subparagraph may be expended for minimal administrative
expenses directly associated with--
(i) convening the public hearings required
under section 5101(c)(2)(A); and
(ii) preparing and providing summaries of
such hearings in accordance with section
5101(c)(2)(B).
<all>