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116th Congress   }                                       {  Rept. 116-413
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                       {    Part 1

======================================================================



 
     NATIONAL ORIGIN-BASED ANTIDISCRIMINATION FOR NONIMMIGRANTS ACT

                                _______
                                

 March 5, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2214]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2214) to transfer and limit Executive Branch 
authority to suspend or restrict the entry of a class of 
aliens, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for the Legislation..........................     4
Hearings.........................................................    10
Committee Consideration..........................................    11
Committee Votes..................................................    11
Committee Oversight Findings.....................................    19
New Budget Authority and Tax Expendites..........................    19
Congressional Budget Office Cost Estimate........................    19
Duplication of Federal Programs..................................    28
Performance Goals and Objectives.................................    28
Advisory on Earmarks.............................................    28
Section-by-Section Analysis......................................    28
Changes in Existing Law Made by the Bill, as Reported............    30
Dissenting Views.................................................    91

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLES.

  This Act may be cited as the ``National Origin-Based 
Antidiscrimination for Nonimmigrants Act'' or the ``NO BAN Act''.

SEC. 2. 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. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO SUSPEND OR RESTRICT 
                    THE ENTRY OF A CLASS OF ALIENS.

  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 
Aliens.--
          ``(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 aliens or any class of aliens 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 aliens or class of 
                aliens as immigrants or nonimmigrants; or
                  ``(B) impose any restrictions on the entry of such 
                aliens that the President deems appropriate.
          ``(2) Limitations.--In carrying out paragraph (1), the 
        President, the Secretary of State, and the Secretary of 
        Homeland Security shall--
                  ``(A) only issue a suspension or restriction when 
                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
                  ``(D) consider waivers to any class-based restriction 
                or suspension and apply a rebuttable presumption in 
                favor of granting family-based and humanitarian 
                waivers.
          ``(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 Congress that describes--
                          ``(i) the action taken pursuant to paragraph 
                        (1) and the specified objective of such action;
                          ``(ii) the estimated number of individuals 
                        who will be impacted by such action;
                          ``(iii) the constitutional and legislative 
                        authority under which such action took place; 
                        and
                          ``(iv) the circumstances necessitating such 
                        action, including how such action complies with 
                        paragraph (2), as well as any intelligence 
                        informing such actions.
                  ``(C) Termination.--If the briefing and report 
                described in subparagraph (B) are not provided to 
                Congress during the 48 hours that begin when the 
                President exercises the authority under paragraph (1), 
                the suspension or restriction shall immediately 
                terminate absent intervening congressional action.
                  ``(D) Congressional committees.--The term `Congress', 
                as used in this paragraph, refers to the Select 
                Committee on Intelligence of the Senate, the Committee 
                on Foreign Relations of the Senate, the Committee on 
                the Judiciary of the Senate, the Committee on Homeland 
                Security and Governmental Affairs of the Senate, the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives, the Committee on Foreign Affairs of 
                the House of Representatives, the Committee on the 
                Judiciary of the House of Representatives, and the 
                Committee on Homeland Security of the House of 
                Representatives.
          ``(4) Publication.--The Secretary of State and the Secretary 
        of Homeland Security shall publicly announce and publish an 
        unclassified version of the report described in paragraph 
        (3)(B) in the Federal Register.
          ``(5) 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.
          ``(6) Treatment of commercial airlines.--Whenever the 
        Secretary of Homeland Security finds that a commercial airline 
        has failed to comply with regulations of the Secretary of 
        Homeland Security 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 of Homeland Security may suspend 
        the entry of some or all aliens transported to the United 
        States by such airline.
          ``(7) Rule of construction.--Nothing in this section may be 
        construed as authorizing 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.''.

SEC. 4. TERMINATION OF CERTAIN EXECUTIVE ACTIONS.

  (a) Termination.--Presidential Proclamations 9645, 9822, and 9983 and 
Executive Orders 13769, 13780, and 13815 shall be void beginning on the 
date of the enactment of this Act.
  (b) Effect.--All actions taken pursuant to any proclamation or 
executive order terminated under subsection (a) shall cease on the date 
of the enactment of this Act.

SEC. 5. VISA APPLICANTS REPORT.

  (a) Initial Reports.--
          (1) In general.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary of State, in coordination 
        with the Secretary of Homeland Security and the heads of other 
        relevant Federal agencies, shall submit a report to the 
        congressional committees referred to in section 212(f)(3)(D) of 
        the Immigration and Nationality Act, as amended by section 3 of 
        this Act, that describes the implementation of each of the 
        presidential proclamations and executive orders referred to in 
        section 4.
          (2) Presidential proclamation 9645 and 9983.--In addition to 
        the content described in paragraph (1), the report submitted 
        with respect to Presidential Proclamation 9645, issued on 
        September 24, 2017, and Presidential Proclamation 9983, issued 
        on January 31, 2020, shall include, for each country listed in 
        such proclamation--
                  (A) the total number of individuals who applied for a 
                visa during the time period the proclamation was in 
                effect, disaggregated by country and visa category;
                  (B) the total number of visa applicants described in 
                subparagraph (A) who were approved, disaggregated by 
                country and visa category;
                  (C) the total number of visa applicants described in 
                subparagraph (A) who were refused, disaggregated by 
                country and visa category, and the reasons they were 
                refused;
                  (D) the total number of visa applicants described in 
                subparagraph (A) whose applications remain pending, 
                disaggregated by country and visa category;
                  (E) the total number of visa applicants described in 
                subparagraph (A) who were granted a waiver, 
                disaggregated by country and visa category;
                  (F) the total number of visa applicants described in 
                subparagraph (A) who were denied a waiver, 
                disaggregated by country and visa category, and the 
                reasons such waiver requests were denied;
                  (G) the total number of refugees admitted, 
                disaggregated by country; and
                  (H) the complete reports that have been submitted to 
                the President every 180 days in accordance with section 
                4 of Presidential Proclamation 9645 in its original 
                form, and as amended by Presidential Proclamation 9983.
  (b) Additional Reports.--Not later than 30 days after the date on 
which the President exercises the authority under section 212(f) of the 
Immigration and Nationality Act (8 U.S.C. 1182(f)), as amended by 
section 3 of this Act, and every 30 days thereafter, the Secretary of 
State, in coordination with the Secretary of Homeland Security and 
heads of other relevant Federal agencies, shall submit a report to the 
congressional committees referred to in paragraph (3)(D) of such 
section 212(f) that identifies, with respect to countries affected by a 
suspension or restriction, the information described in subparagraphs 
(A) through (H) of subsection (a)(2) of this section and specific 
evidence supporting the need for the continued exercise of presidential 
authority under such section 212(f), including the information 
described in paragraph (3)(B) of such section 212(f). If the report 
described in this subsection is not provided to Congress in the time 
specified, the suspension or restriction shall immediately terminate 
absent intervening congressional action. A final report with such 
information shall be prepared and submitted to such congressional 
committees not later than 30 days after the suspension or restriction 
is lifted.
  (c) Form; Availability.--The reports required under subsections (a) 
and (b) shall be made publicly available online in unclassified form.

                          Purpose and Summary

    H.R. 2214, the ``National Origin-Based Antidiscrimination 
for Nonimmigrants Act'' or the ``NO BAN Act,'' stops executive 
overreach by preventing the president from abusing his 
authority to restrict the entry of non-citizens into the United 
States. The bill does this in three ways. First, it amends 
section 212(f) of the Immigration and Nationality Act (INA) to 
place checks and balances on the president's authority to 
suspend or restrict the entry of aliens or classes of aliens 
into the United States, when it is determined that such entry 
would be ``detrimental to the interests of the United States.'' 
Second, the bill expands the INA's nondiscrimination provision 
to prohibit discrimination on the basis of religion and further 
prohibits discrimination with respect to the issuance of 
nonimmigrant visas, entry and admission into the United States, 
or the approval or revocation of any immigration benefit. 
Finally, the bill terminates several of President Trump's 
proclamations and executive orders invoking section 212(f) 
authority, including Presidential Proclamation 9645, also known 
as the ``Muslim Ban,'' and Presidential Proclamation 9983, 
barring the entry of immigrants from Burma (Myanmar), Eritrea, 
Kyrgyzstan, and Nigeria, and suspending participation in the 
Diversity Visa program for nationals of Sudan and Tanzania.

                Background and Need for the Legislation

    On the campaign trail, then-presidential candidate Donald 
J. Trump promised ``a total and complete shutdown of Muslims 
entering the United States.''\1\ One week after his 
inauguration, President Trump attempted to partially fulfill 
that promise by issuing Executive Order (EO) 13769, the first 
of three versions of the ``Muslim Ban.'' Following numerous 
court challenges, EO 13769 was soon replaced by EO 13780, which 
was followed by Presidential Proclamation 9645. These different 
iterations relied on evolving yet vague national security 
justifications to legitimize the President's actions. 
Proclamation 9645 was ultimately upheld by the Supreme Court in 
a 5-4 opinion, with vigorous dissents by Justices Breyer and 
Sotomayor.\2\
---------------------------------------------------------------------------
    \1\Jessica Taylor, Trump Calls For `Total and Complete Shutdown of 
Muslims Entering' U.S., NPR (Dec. 7, 2015), https://www.npr.org/2015/
12/07/458836388/trump-calls-for-total-and-complete-shutdown-of-muslims-
entering-u-s; see also Trump v. Hawai'i, 138 S. Ct. 2392, 2417 
(Sotomayor, J., dissenting).
    \2\Trump v. Hawai'i, 138 S. Ct. 2392.
---------------------------------------------------------------------------

                  MUSLIM BAN I: EXECUTIVE ORDER 13769

    On January 27, 2017, President Trump issued EO 13769,\3\ 
suspending the entry of nationals of seven Muslim majority 
countries--Iran, Iraq, Libya, Somalia, Sudan, Syria, and 
Yemen--for at least 90 days.\4\ In addition, the EO suspended 
all refugee resettlement for 120 days (with an exception for 
certain religious minorities), and indefinitely banned the 
processing and entry of Syrian refugees.
---------------------------------------------------------------------------
    \3\Exec. Order No. 13769, Protecting the Nation from Foreign 
Terrorist Entry into the United States, 82 Fed. Reg. 8977 (Jan. 27, 
2017), https://www.whitehouse.gov/presidential-actions/executive-order-
protecting-nation-foreign-terrorist-entry-united-states/.
    \4\Michael D. Shear & Helen Cooper, Trump Bars Refugees and 
Citizens of 7 Muslim Countries, N.Y. Times (Jan. 27, 2017), https://
www.nytimes.com/2017/01/27/us/politics/trump-syrian-refugees.html.
---------------------------------------------------------------------------
    As a result of the Administration's hasty and mismanaged 
rollout of EO 13769, widespread chaos unfolded at airports 
across the nation. Individuals arriving from banned countries 
were suddenly detained at airports for hours, and many were 
sent back to their home countries. Tens of thousands of 
individuals--including lawyers, legal observers, and civil 
rights activists--flooded airports to support impacted 
individuals and protest the Administration's policy.\5\ 
Additionally, numerous civil rights and immigrant rights 
organizations, as well as individual states, quickly filed 
lawsuits challenging the EO, arguing that it was 
unconstitutional and contrary to the INA.\6\ In the days that 
followed, several courts issued orders blocking the federal 
government from continuing to implement the EO.\7\
---------------------------------------------------------------------------
    \5\Wesley Lowery & Josh Dawsey, Early Chaos of Trump's Travel Ban 
Set Stage For a Year of Immigration Policy Debates, Wash. Post (Feb. 6, 
2018), https://www.washingtonpost.com/national/early-chaos-of-trumps-
travel-ban-set-stage-for-a-year-of-immigration-policy-debates/2018/02/
06/f5386128-01d0-11e8-8acf-ad2991367d9d_story.html; Abigail Williams & 
Adam Edelman, Lawyers, Activists Gear Up for Travel Ban Airport Issues, 
NBC News (June 29, 2017), https://www.nbcnews.com/politics/donald-
trump/u-s-defines-who-can-enter-under-travel-ban-n778031.
    \6\Michael D. Shear et al., Judge Blocks Trump Order on Refugees 
Amid Chaos and Outcry Worldwide, N.Y. Times (Jan. 28, 2017), https://
www.nytimes.com/2017/01/28/us/refugees-detained-at-us-airports-
prompting-legal-challenges-to-trumps-immigration-order.html.
    \7\See e.g. Washington v. Trump, 2017 U.S. Dist. Lexis 16012 (Feb. 
3, 2017).
---------------------------------------------------------------------------
    A Department of Homeland Security (DHS) Inspector General 
report released on the one-year anniversary of the ban 
confirmed that the chaos extended well-beyond the airports, 
with ``practically no advance notice'' given to DHS and other 
agencies charged with implementing the EO.\8\ The Inspector 
General found that DHS, and specifically U.S. Customs and 
Border Protection (CBP)--the agency primarily responsible for 
implementation--was ``caught by surprise,'' and all agencies 
were forced to ``improvise policies and procedures in real 
time.''\9\ In addition, CBP violated at least two court orders 
by ordering airlines to prevent passengers from boarding their 
flights at overseas airports, even after the EO had been 
enjoined.\10\ The Inspector General concluded that CBP's 
``highly aggressive stance in light of'' the court orders was 
``questionable'' and ``troubling.''\11\
---------------------------------------------------------------------------
    \8\U.S. Dep't of Homeland Sec., Off. of Inspector Gen., DHS 
Implementation of Executive Order #13769 ``Protecting the Nation From 
Foreign Terrorist Entry Into the United States'' (January 27, 2017) at 
5 (Jan. 18, 2018), www.oig.dhs.gov/sites/default/files/assets/2018-01/
OIG-18-37-Jan18.pdf.
    \9\Id. at 5.
    \10\Id. at 6.
    \11\Id. at 6-7, 66, 79.
---------------------------------------------------------------------------

                  MUSLIM BAN II: EXECUTIVE ORDER 13780

    On March 6, 2017, President Trump rescinded Executive Order 
13769 and issued Executive Order 13780, a revised version of 
the ban that (1) suspended the entry of nationals from Iran, 
Libya, Somalia, Sudan, Syria, and Yemen for 90 days; (2) 
removed Iraq from the list of covered countries, but subjected 
Iraqi nationals to heightened vetting; (3) suspended the 
refugee resettlement process for 120 days worldwide; and (4) 
required several federal agencies to conduct a ``worldwide 
review'' of visa processes and policies.\12\
---------------------------------------------------------------------------
    \12\Exec. Order No. 13780, Protecting the Nation from Foreign 
Terrorist Entry Into the United States, 82 Fed. Reg. 13209 (Mar. 6, 
2017), https://www.whitehouse.gov/presidential-actions/executive-order-
protecting-nation-foreign-terrorist-entry-united-states-2/.
---------------------------------------------------------------------------
    As with the prior EO, advocates immediately filed legal 
challenges to EO 13780, with courts in Maryland and Hawai'i 
ultimately enjoining the Administration from implementing 
it.\13\ However, in June 2017, the Supreme Court narrowed the 
scope of the injunctions, allowing the ban to go into effect 
against persons ``who lack any bona fide relationship with a 
person or entity in the United States.''\14\
---------------------------------------------------------------------------
    \13\See Hawai'i v. Trump, 1:17-cv-00050-DKW-KSC (D. Haw. 2017); 
Int'l Refugee Assistance Project v. Trump, 8:17-cv-00361-TDC (D. Md. 
2017).
    \14\Trump v Int'l Refugee Assistance Project, 137 S. Ct. 2080, 2087 
(2017).
---------------------------------------------------------------------------

             MUSLIM BAN III: PRESIDENTIAL PROCLAMATION 9645

The Ban

    On September 24, 2017, the same day that Executive Order 
13780 expired, President Trump issued Presidential Proclamation 
9645. Although the policies and procedures articulated in the 
Proclamation were similar to those in EO 13780, the 
Proclamation imposed entry restrictions on nationals of Chad, 
Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen, 
and made such restrictions indefinite.\15\ On April 10, 2018, 
the Administration announced that Chad had made significant 
improvements to its information sharing protocols and lifted 
the travel restrictions on nationals of Chad.\16\ Although this 
version of the ban was also challenged and enjoined by multiple 
federal courts, the Supreme Court ultimately allowed it to take 
effect in Trump v. Hawai'i upon determining that Proclamation 
9645 did not violate the INA and likely did not violate the 
Constitution.\17\
---------------------------------------------------------------------------
    \15\Presidential Proclamation 9654, Enhancing Vetting Capabilities 
and Processes for Detecting Attempted Entry Into the United States by 
Terrorists or Other Public Safety Threats, 82 Fed. Reg. 45161 (Sep. 24, 
2017), https://www.whitehouse.gov/presidential-actions/presidential-
proclamation-enhancing-vetting-capabilities-processes-detecting-
attempted-entry-united-states-terrorists-public-safety-threats. 
Although some claim that the term ``Muslim Ban'' is a misnomer--
presumably due to the addition of Venezuela and North Korea to the list 
of covered countries--the ban still has a significantly 
disproportionate impact on Muslims. Venezuelan nationals, for example, 
are subject to only minimal restrictions and continue to be eligible 
for immigrant visas and most nonimmigrant visas. Moreover, the number 
of people seeking to travel from North Korea is a tiny percentage of 
total immigration to the United States. In Fiscal Year (FY) 2016, only 
9 immigrant visas and 100 nonimmigrant visas were issued North Korean 
nationals. See Dep't of State, Report of the Visa Office 2016, https://
travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/
annual-reports/report-of-the-visa-office-2016.html.
    \16\Presidential Proclamation 9723, Maintaining Enhanced Vetting 
Capabilities and Processes for Detecting Attempted Entry Into the 
United States by Terrorists or Other Public Safety Threats, 83 Fed. 
Reg. 15937 (Apr. 10, 2018), https://www.federalregister.gov/documents/
2018/04/13/2018-07864/maintaining-enhanced-vetting-capabilities-and-
processes-for-detecting-attempted-entry-into-the.
    \17\Trump v. Hawai'i, 138 S. Ct. at 2423.
---------------------------------------------------------------------------

The Waiver Process

    Proclamation 9645 expressly provides for a discretionary 
waiver for impacted individuals. According to the proclamation, 
a Department of State consular officer or CBP official may 
waive application of the ban if the official determines that 
(1) denying entry would cause ``undue hardship'' to the 
individual; (2) admission of the individual would pose no 
threat to national security or public safety; and (3) admission 
of the individual would be in the national interest.\18\ In 
addition, the Proclamation instructs the Secretaries of State 
and Homeland Security to issue guidance that addresses ``the 
standards, policies, and procedures'' for waivers, in order to 
implement a uniform process.\19\ Reports from consular officers 
and impacted individuals, however, indicate that the waiver 
process is anything but clear, uniform, or predictable.\20\
---------------------------------------------------------------------------
    \18\Presidential Proclamation 9654 Sec. 3(c).
    \19\Id. Sec. 3(c)(ii).
    \20\Compare Operational Q&As on P.P. 9645 in light of the U.S. 
Supreme Court orders of December 4, 2017, lifting lower court 
injunctions and pursuant to guidance in 17 STATE 97682, Dep't of State 
(Jan. 23, 2018), https://refugeerights.org/wp-content/uploads/2018/09/
FOIA-Waiver-Guidance.pdf; with Jeremy Stahl, The Waiver Process Is 
Fraud, Slate https://slate.com/news-and-politics/2018/06/trump-travel-
ban-waiver-process-is-a-sham-two-consular-officers-say.html.
---------------------------------------------------------------------------
    The waiver process has been sharply criticized by advocacy 
organizations, as well as Justice Breyer, who stated in his 
dissent in Trump v. Hawai'i that ``waivers are not being 
processed in an ordinary way'' and ``there is reason to suspect 
that the Proclamation's waiver program is nothing more than a 
sham.''\21\ Immediately after the ban went into effect, 
thousands of visa denials were issued to individuals around the 
world, without providing any opportunity to effectively seek 
waivers.\22\ Further, State Department guidance from January 
2018 provides an extraordinarily difficult ``undue hardship'' 
standard for waiver applicants, including restrictions 
prohibiting the consideration of relevant country 
conditions.\23\
---------------------------------------------------------------------------
    \21\138 S. Ct. at 2432, 2445 (Breyer, J., dissenting).
    \22\See, e.g., Dara Lind, Exclusive: Trump's Travel Ban Is Supposed 
to Make Exceptions for Worthy Cases. A New Lawsuit Alleges It Doesn't., 
Vox (July 29, 2018), https://www.vox.com/2018/7/29/17625194/travel-
muslim-ban-lawsuit-waiver-how.; Liz Robbins, `Your Visa Is Approved,' 
They Were Told, And Then It Wasn't, N.Y. Times (Jan. 17, 2018), https:/
/www.nytimes.com/2018/01/17/nyregion/immigrants-visa-yemen.html.
    \23\Dara Lind, Exclusive: Internal Documents Show How Hard it is 
for Some Immigrants to Get a Travel Ban Waiver, Vox (Sep. 21, 2018), 
https://www.vox.com/2018/9/20/17622622/travel-ban-waiver-muslim-how.
---------------------------------------------------------------------------
    There is little evidence that the waiver process has 
improved significantly since the Supreme Court's decision in 
Trump v. Hawai'i. According to Edward Ramotowski, Deputy 
Assistant Secretary for Visa Services, as of September 2019, 
the State Department had granted waivers to approximately 10 
percent of visa applicants from impacted countries.\24\
---------------------------------------------------------------------------
    \24\Abigail Hauslohner, During First Two Years of `Muslim Ban,' 
Trump Administration 
Granted Few Waivers, Wash. Post (Sep. 24, 2019), https://
www.washingtonpost.com/immigration/during-first-two-years-of-muslim-
ban-trump-administration-granted-few-waivers/2019/09/24/44519d02-deec-
11e9-8dc8-498eabc129a0_story.html.
---------------------------------------------------------------------------
    To date, the Department of State has not published a waiver 
application or issued comprehensive guidance to the public on 
the waiver process. In addition, the low rate of waiver 
approvals does not reflect (is not consistent with . . ?) the 
relatively generous process described in the Proclamation, 
which expressly contemplates a number of situations in which 
waivers would be appropriate, including for purposes of family 
reunification, maintaining significant business relationships, 
and seeking urgent medical care.\25\ Two class action lawsuits 
are currently pending in the Northern District of California 
that challenge the government's failure to implement the waiver 
process in accordance with the terms set forth in the 
Proclamation.\26\
---------------------------------------------------------------------------
    \25\Presidential Proclamation 9654 Sec. 3(c)(iv).
    \26\Emami v. Nielsen, No. 18-cv-01587-JD (N.D. Cal. 2018); Pars 
Equality Center v. Pompeo, No. 18-cv-07818-JSC (N.D. Cal. 2018).
---------------------------------------------------------------------------
    The Muslim Ban has kept far too many families apart and has 
brought needless suffering to American communities. A 2019 Cato 
Institute analysis, for example, found that the ban has 
prevented more than 9,000 family members of U.S. citizens from 
entering the country, including more than 5,500 children.\27\ 
Moreover, legal services and community organizations have 
observed a pattern of waivers being selectively granted in 
high-profile, publicized cases. For example, the Administration 
refused to provide a waiver to the mother of a dying 2-year-old 
boy for months, until a media push garnered congressional and 
press attention, which ultimately led to her entry into the 
United States just days before her son died.\28\
---------------------------------------------------------------------------
    \27\David Bier, It's Not Just Immigrants. Trump is Separating 
American Families, Too., Wash. Post (Jan. 29, 2019), https://
www.washingtonpost.com/opinions/2019/01/29/its-not-just-immigrants-
trump-is-separating-american-families-too/
?fbclid=IwAR1XlwPWOs_pPGbJV2goY2CUR ZB6ObKlLB4HhOMUAPnZupkOY6tBKeer4Fw. 
See also, One Year After the SCOTUS Ruling: Understanding the Muslim 
Ban and How We'll Keep Fighting It, National Immigration Law Center, 14 
(Jun. 2019), https://www.nilc.org/issues/immigration-enforcement/
understanding-muslim-ban-one-year-after-ruling/.
    \28\Erin Allday, Trump Travel Ban Keeps Yemeni Mother from Seeing 
Dying 2-Year-Old in Oakland, S.F. Chron. (Dec. 17, 2018), https://
www.sfchronicle.com/bayarea/article/Trump-s-travel-ban-keeping-mother-
from-dying-13470703.php.
---------------------------------------------------------------------------

          EXECUTIVE ORDER 13815: ENHANCED VETTING FOR REFUGEES

    On October 23, 2017, the President issued an executive 
order resuming refugee admissions while introducing ``enhanced 
vetting'' for refugees from 11 unnamed ``high-risk'' 
countries.\29\ Rather than improving existing vetting 
procedures, the Administration's new procedures appear to have 
needlessly brought processing to a standstill for vulnerable 
groups.\30\ For example, the new vetting procedures have 
dramatically slowed processing for Afghan and Iraqi translators 
and interpreters seeking refugee and Special Immigrant Visa 
status--leaving them trapped in their home countries, where 
their lives are at risk due to their support of U.S. 
troops.\31\
---------------------------------------------------------------------------
    \29\Exec. Order No. 13815, Resuming the United States Refugee 
Admissions Program with Enhanced Vetting Capabilities, 82 Fed. Reg. 
50055 (Oct. 24, 2017), https://www.federalregister.gov/documents/2017/
10/27/2017-23630/resuming-the-united-states-refugee-admissions-program-
with-enhanced-vetting-capabilities.
    \30\David Bier, Extreme Vetting of Immigrants: Estimating Terrorism 
Vetting Failures, The Cato Institute (Apr. 18, 2018), https://
www.cato.org/publications/policy-analysis/extreme-vetting-immigrants-
estimating-terrorism-vetting-failures.
    \31\Rebecca Gibian, The US promised thousands of foreign 
interpreters special immigrant visas. Now they're trapped, Public Radio 
Int'l (Sep. 19, 2019), https://www.pri.org/stories/2019-09-19/us-
promised-thousands-foreign-interpreters-special-immigrant-visas-now-
they-re.
---------------------------------------------------------------------------

               PRESIDENTIAL PROCLAMATION 9822: ASYLUM BAN

    On November 9, 2018, President Trump issued Presidential 
Proclamation 9822, which invoked section 212(f) of the INA to 
bar individuals from applying for asylum if they crossed the 
southern border of the United States between ports of 
entry.\32\ This ban was another attempt by the Administration 
to circumvent our immigration laws, which expressly allow 
individuals who arrive in the United States, ``whether or not 
at a designated port of arrival,'' to apply for asylum.\33\ On 
November 20, 2018, Judge Tigar of the Northern District of 
California issued a temporary restraining order stopping the 
asylum ban from moving forward. In his order Judge Tigar 
stated:
---------------------------------------------------------------------------
    \32\Presidential Proclamation 9822, Addressing Mass Migration 
Through the Southern Border of the United States, 83 Fed. Reg. 57661 
(Nov. 9, 2018), https://www.hsdl.org/?abstract&did=819149.
    \33\INA Sec. 208(a)(1), 8 U.S.C. Sec. 1158(a)(1).

        The rule barring asylum for immigrants who enter the 
        country outside a port of entry irreconcilably 
        conflicts with the INA and the expressed intent of 
        Congress. Whatever the scope of the President's 
        authority, he may not rewrite the immigration laws to 
        impose a condition that Congress has expressly 
        forbidden.\34\
---------------------------------------------------------------------------
    \34\East Bay Sanctuary Covenant et al., v. Trump, Case No. 18-cv-
06810-JST (N.D. Cal. 2018).

    The case remains pending before the U.S. Court of Appeals 
for the Ninth Circuit.

          PRESIDENTIAL PROCLAMATION 9983: EXPANDED MUSLIM BAN

    On January 31, 2020, the Trump Administration issued 
Presidential Proclamation 9983, banning the entry of 
immigrants, except those whose eligibility is based on having 
provided assistance to the U.S. government, from Burma 
(Myanmar), Eritrea, Kyrgyzstan, and Nigeria. Proclamation 9983 
also suspends nationals of Sudan and Tanzania from 
participation in the ``Diversity Visa'' program.\35\ Five of 
these six countries have significant Muslim populations, 
including Nigeria, the most populous country in Africa.\36\ 
Proclamation 9983 went into effect on February 21, 2020.
---------------------------------------------------------------------------
    \35\Presidential Proclamation, Improving Enhanced Vetting 
Capabilities and Processes for Detecting Attempted Entry, (Jan. 31, 
2020), https://www.whitehouse.gov/presidential-actions/proclamation-
improving-enhanced-vetting-capabilities-processes-detecting-attempted-
entry/.
    \36\Caitlin Oprysko, Anita Kumar, and Nahal Toosi, Trump 
Administration Expands Travel Ban, Politico (Jan. 31, 2020), https://
www.politico.com/news/2020/01/31/trump-administration-expands-travel-
ban-110005.
---------------------------------------------------------------------------

                        ABUSE OF SECTION 212(F)

    With the enactment of section 212(f) of the INA, Congress 
authorized the President to ``suspend the entry of all aliens 
or any class of aliens'' if it is determined that the entry of 
such aliens ``would be detrimental to the interests of the 
United States.'' Before January 2017, both Democratic and 
Republican presidents typically invoked section 212(f) in 
specific, discrete situations to exclude small, well-defined 
groups of individuals.\37\ Examples of prior uses include 
executive orders excluding ``serious human rights violators,'' 
members of the North Korean government, or individuals 
attempting to overthrow governments.\38\ Further, past section 
212(f) suspensions have included categorical exceptions for 
family- and humanitarian-based cases--exceptions that were not 
subject to a separate waiver determination.\39\ These actions 
were executed in a manner consistent with the purpose of 
section 212(f), which is to allow the president to act quickly 
to address emergent situations, such as those involving 
national security, public safety, or international stability.
---------------------------------------------------------------------------
    \37\Kate M. Manuel, Executive Authority to Exclude Aliens: In 
Brief, Cong. Res. Svc., 6-10 (Jan. 23, 2017).
    \38\Id.
    \39\Id.
---------------------------------------------------------------------------
    President Trump, however, has invoked section 212(f) in an 
unprecedented and far more sweeping fashion than any president 
in modern history, often making unsupported national security-
based claims to justify his actions. In fact, with respect to 
the Muslim ban, more than 50 former national security, 
intelligence and foreign policy officials, who served in both 
Republican and Democratic administrations, challenged the 
administration's purported national security justifications for 
the ban, noting that the ``overbroad, blanket entry bans based 
on national origin'' are ``not supported by any 
intelligence.''\40\
---------------------------------------------------------------------------
    \40\Amicus Br. of Former National Security Officials, Trump v. 
Hawaii.
---------------------------------------------------------------------------
    In other instances, the president has invoked section 
212(f) in an effort to fundamentally change our immigration 
laws without congressional approval. For example, the president 
has cited section 212(f) as authority to render all southern 
border crossers ineligible for asylum, contrary to section 
208(a)(1) of the INA, which allows any alien who arrives in the 
United States, ``whether or not at a designated port of 
arrival,'' to apply for asylum.\41\ The president has also 
cited section 212(f) as a basis for imposing health insurance 
requirements on immigrants that are inconsistent with 
provisions of the Affordable Care Act.\42\ Recognizing that the 
significant power afforded to the president under section 
212(f) does not include the power to effectively rewrite 
immigration laws with which he might disagree, both of these 
measures have been enjoined in federal court.\43\
---------------------------------------------------------------------------
    \41\Presidential Proclamation 9880, Addressing Mass Migration 
Through the Southern Border of the United States, 84 Fed. Reg. 21229 
(May 13, 2019), https://www.federalregister.gov/documents/2019/05/13/
2019-09992/addressing-mass-migration-through-the-southern-border-of-
the-united-states.
    \42\Presidential Proclamation 9945, Suspension of Entry of 
Immigrants Who Will Financially Burden the United States Healthcare 
System, in Order To Protect the Availability of Healthcare Benefits for 
Americans, 84 Fed. Reg. 53991 (Oct. 4, 2019), https://
www.federalregister.gov/documents/2019/10/09/2019-22225/suspension-of-
entry-of-immigrants-who-will-financially-burden-the-united-states-
healthcare-system-in.
    \43\East Bay Sanctuary Covenant et al., v. Trump, Case No. 18-cv-
06810-JST (N.D. Cal. 2018); Doe v. Trump, Case No. 3:19-cv-01743-SB (D. 
Or. Nov. 2, 2019).
---------------------------------------------------------------------------
    Unfortunately, the Supreme Court concluded in a 5-to-4 
decision that the Administration's third attempt at the Muslim 
ban (Presidential Proclamation 9645) fell within the delegation 
of authority provided in section 212(f).\44\ The Committee 
disagrees with the Court's decision, and believes that Justice 
Sotomayor captured it best when she noted that ``a reasonable 
observer would conclude that the Proclamation was motivated by 
anti-Muslim animus'' based on the ``full record,'' including 
the President's statements.\45\ As such, the Court's decision 
illustrates the need for legislation to ensure that future uses 
of section 212(f) comport with congressional intent. H.R. 2214 
will prevent future presidents from relying on 212(f) authority 
to rewrite immigration law without congressional approval, and 
will ensure that it is used in a manner consistent with 
historical norms.
---------------------------------------------------------------------------
    \44\Trump v. Hawai'i, 138 S. Ct. 2392 (2018).
    \45\Id. at 2433, 2435-38 (Sotomayor, J., dissenting).
---------------------------------------------------------------------------

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing, held on September 24, 
2019, was used to develop H.R. 2214: ``Oversight of the Trump 
Administration's Muslim Ban,'' a joint hearing held before the 
House Committee on the Judiciary, Subcommittee on Immigration 
and Citizenship and the House Foreign Affairs Committee, 
Subcommittee on Oversight and Investigations. The Subcommittees 
heard testimony from:
           Edward J. Ramotowski, Deputy Assistant 
        Secretary for Visa Services, Bureau of Consular 
        Affairs, U.S. Department of State;
           Elizabeth Neumann, Assistant Secretary for 
        Threat Prevention and Security Policy, Office of 
        Strategy, Policy, and Plans, U.S. Department of 
        Homeland Security;
           Todd Hoffman, Executive Director of 
        Admissibility and Passenger Programs (APP), Office of 
        Field Operations (OFO), U.S. Customs and Border 
        Protection, U.S. Department of Homeland Security;
           Dr. Abdollah ``Iman'' Dehzangi, Assistant 
        Professor at Morgan State University in Baltimore, MD;
           Ismail Ahmed Hezam Alghazali, a U.S. citizen 
        born in Yemen who left his job to travel to Djibouti to 
        be with his pregnant wife;
           Farhana Khera, President and Executive 
        Director, Muslim Advocates; and
           Andrew Arthur, Resident Fellow in Law and 
        Policy, Center for Immigration Studies.
    The hearing explored the implementation of the ban, 
including the chaos that unfolded at airports around the 
country; the impact of the ban on American families, U.S. 
employers, and other institutions; and the lack of transparency 
around the waiver process. Witnesses shared stories of parents 
separated from children and spouses living apart from one 
another. Witnesses also discussed potential legislative fixes, 
including the NO BAN Act, in view of the Supreme Court's ruling 
in Trump v. Hawai'i.

                        Committee Consideration

    On February 12, 2020, the Committee met in open session and 
ordered the bill, H.R. 2214, favorably reported with an 
amendment in the nature of a substitute, by a rollcall vote of 
22 to 10, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 2214:
    1. An amendment by Mr. Biggs to amend the executive 
consultation process required before the President exercises 
authority under section 212(f) of the INA was defeated by a 
rollcall vote of 13 to 22.


    2. An amendment by Mr. Neguse to include Presidential 
Proclamation 9983 in the list of executive actions repealed by 
section 4 of H.R. 2214 was adopted by a rollcall vote of 19 to 
8.


    3. An amendment by Mr. Biggs to create a security-related 
exception to the requirement that the president narrowly tailor 
a 212(f) suspension or restriction using the least restrictive 
means to achieve a compelling government interest was defeated 
by a rollcall vote of 11 to 18.


    4. Motion to report H.R. 2214, as amended, favorably was 
agreed to by a rollcall vote of 22 to 10.


                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2214, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 4, 2020.
Hon. Jerrold Nadler, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2214, the National 
Origin-Based Antidiscrimination for Nonimmigrants Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David 
Rafferty.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.
        cc: Honorable .006 Collins
            Ranking Member

        
        

    The bill would
           Nullify several executive actions that 
        restrict entry into the United States and govern 
        eligibility for asylum or refugee status
           Narrow the President's authority to impose 
        entry restrictions on a class of aliens (non-U.S. 
        nationals) on the basis of their country of birth, 
        nationality, and certain other characteristics
    Estimated budgetary effects would primarily stem from
           Increased spending for health, nutrition, 
        education, and disability benefits for newly arrived 
        immigrants, who could receive those federal benefits if 
        they meet eligibility criteria for those programs
           Increased fees from visa applicants
    Areas of significant uncertainty include
           Estimating the number of aliens who will be 
        affected by entry restrictions under current law
           Anticipating how the Administration would 
        implement the legislation
    Bill summary: H.R. 2214 would nullify several executive 
actions that restrict entry into the United States and govern 
eligibility for asylum or refugee status. The bill also would 
amend the Immigration and Nationality Act to narrow the 
President's authority to impose entry or visa restrictions on 
aliens (non-U.S. nationals) based on their country of birth, 
country of nationality, and certain other characteristics.
    Estimated Federal cost: The estimated budgetary effects of 
H.R. 2214 are shown in Table 1. The costs of the legislation 
primarily fall within budget functions 500 (education, 
training, employment, and social services), 550 (health), and 
600 (income security).

                                                   TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 2214
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2020   2021   2022   2023   2024   2025   2026   2027   2028   2029   2030  2020-2025  2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Increases in Direct Spending
 
Estimated Budget Authority...........................      2      7     10     14     19     24     30     37     43     50     54        76        290
Estimated Outlays....................................      2      7     10     14     19     24     30     37     43     50     54        76        290
 
                                                                  Decreases in Revenues
 
Estimated Revenues...................................      *      *     -1     -1     -1     -1     -2     -2     -3     -3     -3        -4        -17
 
                                        Net Increase in the Deficit From Changes in Direct Spending and Revenues
 
Effect on the Deficit................................      2      7     11     15     20     25     32     39     46     53     57        80        307
--------------------------------------------------------------------------------------------------------------------------------------------------------
* = between -$500,000 and zero.
In addition, CBO estimates that enacting the bill would increase discretionary costs for the Federal Pell Grant Program by $3 million over the 2020-2025
  period. Those costs would be subject to the availability of appropriated funds.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2214 will be enacted in fiscal year 2020 and that the 
Department of Homeland Security (DHS) and the Department of 
State will immediately begin to adjudicate applications without 
regard to the restrictions promulgated by the executive actions 
that would be nullified by the bill.

People affected by the legislation

    H.R. 2214 would affect aliens who are subject to entry 
restrictions issued by the President, aliens crossing the U.S.-
Mexico border between ports of entry and seeking asylum, and 
aliens seeking refugee status who are subject to enhanced 
vetting.
    Entry Restrictions. The Immigration and Nationality Act 
``grants the President broad discretion to suspend the entry of 
aliens into the United States.''\1\ The President may exercise 
that authority if he determines that their entry ``would be 
detrimental to the interests of the United States.''\2\ 
Separately, that act prevents discrimination in the issuance of 
an immigrant visa based on country of birth, country of 
nationality, and certain other characteristics. Those 
limitations do not apply to other aspects of immigration law 
such as those that govern the admission of temporary visitors.
---------------------------------------------------------------------------
    \1\Trump v. Hawaii, 138 S. Ct. 2392 (2018), www.supremecourt.gov/
opinions/17pdf/17-965_h315.pdf(419 KB).
    \2\Sec. 212(f) of the Immigration and Nationality Act (codified at 
8 U.S.C. Sec. 1182(f) (2018)).
---------------------------------------------------------------------------
    The Administration has issued several executive orders and 
proclamations that, in many situations, restrict the ability of 
nationals of 13 countries to enter the United States either as 
immigrants (that is, with lawful permanent resident, or LPR, 
status) or as nonimmigrants (that is, temporary 
visitors).\3\\4\
---------------------------------------------------------------------------
    \3\See ``Protecting the Nation From Foreign Terrorist Entry Into 
the United States,'' Executive Order 13769, 82 Fed. Reg. 8977 (February 
1, 2017), https://go.usa.gov/xdwmg; and ``Protecting the Nation From 
Foreign Terrorist Entry Into the United States,'' Executive Order 
13780, 82 Fed. Reg. 13209 (March 9, 2017), https://go.usa.gov/xdwmE.
    \4\``Enhancing Vetting Capabilities and Processes for Detecting 
Attempted Entry Into the United States by Terrorists or Other Public-
Safety Threats,'' Proclamation 9645, 82 Fed. Reg. 45161 (September 27, 
2017), https://go.usa.gov/xdwmy, affects nationals of Chad, Iran, 
Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. In April 
2018, the Administration lifted the restrictions on nationals of Chad; 
see ``Maintaining Enhanced Vetting Capabilities and Processes for 
Detecting Attempted Entry Into the United States by Terrorists or Other 
Public-Safety Threats,'' Proclamation 9723, 83 Fed. Reg. 15937 (April 
13, 2018), https://go.usa.gov/xdwyD. ``Improving Enhanced Vetting 
Capabilities and Processes for Detecting Attempted Entry Into the 
United States by Terrorists or Other Public-Safety Threats,'' 
Proclamation 9983, 85 Fed. Reg. 6699 (February 5, 2020), https://
go.usa.gov/xdwmw, affects nationals of Burma, Eritrea, Kyrgyzstan, 
Nigeria, Sudan, and Tanzania.
---------------------------------------------------------------------------
    Section 2 of the bill would prohibit discrimination on the 
basis of country of birth, country of nationality, and certain 
other characteristics in the issuance of nonimmigrant visas, 
admission or entry into the United States, and the approval or 
revocation of any other immigration benefit. Section 3 would 
limit the President's authority under section 212(f) of the 
Immigration and Nationality Act to restrict the entry into the 
United States of a class of aliens. Section 4 would, among 
other things, lift the restrictions on entry into the United 
States by the nationals of the 13 countries by nullifying the 
orders and proclamations that promulgated those restrictions.
    Allowing nationals of the affected countries to be admitted 
to the United States as nonimmigrants would have a relatively 
minor effect on the budget, CBO estimates, because those 
visitors are ineligible for most federal benefits. 
Additionally, allowing them to enter under most LPR categories 
(such as family-sponsored preferences, employment-based 
preferences, or the diversity visa lottery) would have no net 
budgetary effect because under current law the number that can 
be admitted each year in those categories is limited and 
current demand significantly exceeds those limitations. For 
those categories, the Administration's entry restrictions 
affect which aliens can be granted LPR status, but not the 
number. In contrast, there is no limit on the number of 
immediate relatives of U.S. citizens (that is, parents, 
spouses, or minor children of U.S. citizens) that can be 
admitted each year. For those aliens, eliminating the 
prohibitions in the proclamations would significantly increase 
the number of people admitted; thus, the U.S. population and 
spending on federal benefits would increase.
    Additional Lawful Permanent Residents. Using information 
from the Department of State about how it is implementing the 
current restrictions on entry (which were implemented in 2018) 
for nationals of Iran, Libya, North Korea, Somalia, Syria, 
Venezuela, and Yemen, CBO estimates that about 6,000 immediate 
relatives of U.S. citizens have already been denied entry (and 
have not subsequently received a waiver of that denial) and 
about 2,500 such applications will be denied each year that the 
restrictions are in effect. Using information from DHS and the 
Department of State about newly arrived lawful permanent 
residents in recent years, CBO anticipates that about 2,000 
nationals from Burma, Eritrea, Kyrgyzstan, and Nigeria who are 
immediate relatives of U.S. citizens (who are affected by 
restrictions put in place in February 2020) will be denied 
entry each year that the entry restrictions for people from 
those countries are in effect.\5\ CBO expects that under H.R. 
2214, the immediate relatives already denied entry will arrive 
in the United States during fiscal years 2020 and 2021.
---------------------------------------------------------------------------
    \5\Proclamation 9983 does not restrict the entry of nationals of 
Sudan and Tanzania who qualify for LPR status as immediate relatives of 
U.S. citizens. Therefore, the discussion below does include nationals 
of Sudan and Tanzania.
---------------------------------------------------------------------------
    Citizen Children. Some aliens who would be admitted into 
the United States as lawful permanent residents would have 
children after arriving in the country. Those children would be 
U.S. citizens. Using information from the Census Bureau about 
fertility rates for foreign born women in the United States and 
demographic information from DHS, CBO estimates that enacting 
H.R. 2214 would result in 3,500 additional births in the United 
States over the 2020-2030 period. (More births would be 
expected after that period.)
    Subsequent Family-Based Immigration. Some of the lawful 
permanent residents admitted under H.R. 2214 eventually would 
become U.S. citizens and sponsor their own parents for 
admission as lawful permanent residents. On the basis of data 
from DHS about rates of naturalization and sponsorship, CBO 
estimates that enacting H.R. 2214 would result in just over 
1,600 lawful permanent residents arriving in the U.S. through 
family-based immigration over the 2024-2030 period. (Additional 
sponsorships would be expected after that period.)
    Uncertainty About the Administration's Subsequent Actions. 
The number of immediate relatives of U.S. citizens who would be 
admitted as a result of H.R. 2214, the number of children who 
would be born to those lawful permanent residents, and the 
amount of subsequent family-based immigration would depend on 
how the Administration implemented the bill.
           H.R. 2214 would nullify the executive orders 
        and proclamations containing the entry restrictions but 
        would not eliminate the President's authority to 
        implement new restrictions. If the Administration 
        quickly imposed new restrictions that are similar to 
        those currently in effect, enacting H.R. 2214 would 
        result in very little change in the U.S. population 
        relative to current law.
           In contrast, if the Administration did not 
        impose new entry restrictions or if it reissued 
        significantly narrowed restrictions, enacting H.R. 2214 
        could result in the admission of immediate relatives of 
        U.S. citizens who have been or will be affected by the 
        current restrictions.
    CBO has no basis for predicting how the Administration 
would implement H.R. 2214. For this estimate, CBO assumes a 50 
percent probability that the Administration would impose new 
entry restrictions similar to those currently in effect and a 
50 percent probability that the Administration would not impose 
such restrictions. On that basis, CBO estimates that, under the 
bill, 27,000 immediate relatives (that is, half of those who 
are subject to the current entry restrictions) would be 
admitted into the United States as lawful permanent residents 
over the 2020-2030 period. CBO expects that nearly 2,000 
citizen children would be born to them and that they would 
sponsor nearly 1,000 relatives for admission over the same 
period.
    Asylum Applicants. Under current policies, aliens who 
attempt to enter the United States across the southern border 
with Mexico between ports of entry are ineligible for 
asylum.\6\ Section 4 would eliminate that restriction.
---------------------------------------------------------------------------
    \6\That policy was given effect in ``Addressing Mass Migration 
Through the Southern Border of the United States,'' Proclamation 9822, 
83 Fed. Reg. 57661 (November 15, 2018), https://go.usa.gov/xdwy7.
---------------------------------------------------------------------------
    CBO expects that change would have a minimal effect on the 
size or immigration status of the foreign-born population of 
the United States for the following reasons:
           Many aliens who are ineligible for asylum 
        under that restriction also are ineligible for asylum 
        under a regulation that DHS and DOJ issued in July 
        2019.\7\ That regulation makes most aliens (other than 
        Mexican nationals) ineligible for asylum if they enter 
        the United States across the international border with 
        Mexico and have not applied for protection in a third 
        country through which they traveled on the way to the 
        United States. That regulation would not be affected by 
        H.R. 2214, so many of those people would still be 
        ineligible for asylum under H.R. 2214.
---------------------------------------------------------------------------
    \7\See ``Asylum Eligibility and Procedural Modifications,'' 84 Fed. 
Reg. 33829 (July 16, 2019), https://go.usa.gov/xdwy6.
---------------------------------------------------------------------------
           Mexican nationals who wish to apply for 
        asylum are eligible under current law if they arrive at 
        a port of entry. Data from DHS and DOJ show that in 
        recent years, only 200 to 300 Mexican nationals 
        encountered at the international border each year have 
        received asylum.
    Collectively, those factors suggest that enacting section 4 
would have little effect on the number of aliens receiving 
asylum.
    Enhanced Vetting of Refugees. In November 2017, the 
President resumed the U.S. Refugee Admissions Program (which 
had been suspended), with the requirement that certain classes 
of applicants be subject to enhanced vetting.\8\ Section 4 
would end that requirement.
---------------------------------------------------------------------------
    \8\``Resuming the United States Refugee Admissions Program With 
Enhanced Vetting Capabilities,'' Executive Order 13815, 82 Fed. Reg. 
50055 (October 27, 2017), https://go.usa.gov/xdwye.
---------------------------------------------------------------------------
    The President sets the number of refugees who may be 
admitted into the United States each year and the bill would 
not change that authority. Thus, if the President does not 
increase the total number of refugees who may be admitted as a 
result of enacting the bill, any increase in refugees admitted 
because they were no longer subject to enhanced vetting 
procedures would correspondingly decrease the admission of 
other refugees who were never subject to the enhanced vetting. 
In contrast, if the President increased the total number of 
refugees who may be admitted in response to the enactment of 
H.R. 2214, the U.S. population--and, consequently spending on 
federal benefits--also would increase, relative to current law. 
CBO has no basis for predicting whether the President would 
increase the number of refugees that may be admitted into the 
country if the bill were enacted.

Direct Spending and Revenues

    In total, CBO and the staff of the Joint Committee on 
Taxation (JCT) estimate, enacting H.R. 2214 would increase 
direct spending by $290 million (see Table 2) and reduce 
revenues by $17 million over the 2020-2030 period. Most of 
those effects would be for premium tax credits.\9\
---------------------------------------------------------------------------
    \9\Premium tax credits are federal subsidies for health insurance 
purchased through the marketplaces established by the Affordable Care 
Act.

                                                     TABLE 2.--DIRECT SPENDING EFFECTS OF H.R. 2214
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2020   2021   2022   2023   2024   2025   2026   2027   2028   2029   2030  2020-2025  2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Increases in Direct Spending Outlaysa
 
Premium Tax Credits..................................      2      6      9     13     16     18     21     24     28     32     35        64        204
Medicaid and CHIP....................................      *      1      1      1      2      4      6      7      9     11     11         9         53
SNAP.................................................      *      *      *      *      1      2      2      3      3      4      5         3         20
Other Federal Benefits...............................      *      *      *      *      *      *      1      3      3      3      3         *         13
Total Changes in Direct Spending.....................      2      7     10     14     19     24     30     37     43     50     54        76        290
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHIP = Children's Health Insurance Program; SNAP= Supplemental Nutrition Assistance Program; * = between zero and $500,000.
aEstimated increases in budget authority equal the estimated increases in outlays.
bOther programs include child nutrition, higher education assistance, Supplemental Security Income, Social Security, and Medicare. The spending for
  Social Security is off-budget but CBO estimates that the increased spending would not be significant over the 2020-2030 period.

    Premium Tax Credits. People with LPR status are generally 
eligible to receive premium tax credits if their household 
income is between 100 percent and 400 percent of the federal 
poverty guidelines--or if their income is below 100 percent of 
the guidelines but they are ineligible for Medicaid because of 
their immigration status--and if they do not have access to 
health insurance coverage through certain other sources.
    CBO and JCT estimate that about 600 people who receive LPR 
status under H.R. 2214 would purchase health insurance through 
the marketplaces in 2021 and would have income that was low 
enough to qualify for premium tax credits. That number would 
rise to 1,800 in 2030. We estimate that the average cost of 
those tax credits would be about $12,600 per person in 2021 and 
about $21,300 in 2030. The per-person cost of those tax credits 
depends on the age and income of the enrollees; many of the new 
enrollees under H.R. 2214 would be older, which would increase 
the average per-person cost. In total, CBO and JCT estimate 
that enacting H.R. 2214 would increase spending for health 
insurance tax credits by $204 million over the 2020-2030 
period.
    Additionally, we estimate that the nonrefundable portion--
that is, the portion that reduces tax liabilities--of the 
premium tax credits would reduce revenues by $17 million over 
the 2020-2030 period.
    Medicaid and the Children's Health Insurance Program. Under 
current law, lawful permanent residents are ineligible for 
coverage under Medicaid, except for emergencies, during the 
first five years after receiving LPR status. However, some 
children or pregnant women who would otherwise qualify for 
Medicaid can obtain coverage after a shorter period. CBO 
estimates that beginning in 2020, between 100 and 300 people 
each year would receive such coverage. In addition, beginning 
in 2025, CBO expects that some people who would be admitted 
into the United States under the bill and had been in LPR 
status for five years would receive comprehensive coverage from 
Medicaid. In that year, CBO estimates that about 800 people 
would enroll in Medicaid. That number would rise to about 2,000 
people in 2030. CBO estimates that the average federal cost per 
beneficiary would increase from about $1,900 per person in 2020 
to about $4,400 in 2030. In addition, we estimate that each 
year an average of 450 citizen children would be enrolled in 
Medicaid and the Children's Health Insurance Program by their 
parents with LPR status. In total, CBO estimates, enacting H.R. 
2214 would increase spending for those programs by $53 million 
over the 2020-2030 period.
    Supplemental Nutrition Assistance Program. Under current 
law, lawful permanent residents are eligible for benefits under 
the Supplemental Nutrition Assistance Program (SNAP) if they 
have been in that status for at least five years and meet the 
program's income and asset requirements. Those who are under 
the age of 18 are eligible for benefits immediately. CBO 
estimates that under H.R. 2214, fewer than 100 additional 
foreign-born people would receive SNAP benefits in 2020. That 
number would rise to about 2,200 people in 2030. In addition, 
under the bill, CBO expects that SNAP benefits would be paid to 
the parents of about 100 citizen children, on average, 
throughout the 2020-2030 period. CBO estimates that the average 
federal cost per beneficiary would increase from nearly $1,500 
per person in 2020 to about $1,940 in 2030. Therefore, enacting 
H.R. 2214 would increase direct spending for SNAP benefits by 
$20 million over the 2020-2030 period.
    Other Federal Benefits. CBO estimates that spending for 
other federal benefits programs would increase slightly because 
few people affected by H.R. 2214 would become eligible for 
those benefits over the budget window. In total, CBO estimates 
that spending would increase by $13 million over the 2020-2030 
period.
    Child Nutrition. Students are eligible for federally 
subsidized meals at school, regardless of immigration status. 
CBO estimates that enacting H.R. 2214 would increase spending 
for child nutrition programs by $5 million over the 2020-2030 
period.
    Supplemental Security Income. The Supplemental Security 
Income program provides a monthly cash benefit to people who 
are disabled, age 65 or older, or both, and who have low income 
and few assets. Lawful permanent residents must meet additional 
qualifications. CBO estimates that enacting H.R. 2214 would 
increase direct spending for those benefits by $4 million over 
the 2020-2030 period.
    Higher Education Assistance. Lawful permanent residents are 
eligible for the Federal Pell Grant Program and the Federal 
Direct Loan Program. CBO estimates that direct spending on 
assistance for higher education would increase by about $4 
million over the 2020-2030 period. A portion of those grants 
would be funded through discretionary spending; see the section 
on ``Spending Subjection to Appropriation.''
    Social Security and Medicare. Lawful permanent residents 
are eligible to receive Social Security and Medicare benefits, 
if they otherwise qualify. Under H.R. 2214, CBO expects that 
the lawful permanent residents who qualify for those programs 
during the 2020-2030 period would do so on the basis of 
disability, not old age. CBO estimates that enacting H.R. 2214 
would increase spending on Social Security (which is off-
budget) and Medicare by an insignificant amount over the 2020-
2030 period.
    Immigration Fees. Enacting H.R. 2214 would increase 
collections of various immigration fees by DHS and the 
Department of State. Most of those fees are classified as 
offsetting receipts (that is, as reductions in direct spending) 
and are available for spending without further appropriation. 
Some visa application fees paid to the Department of State are 
classified as revenues and are deposited in the Treasury. CBO 
estimates that the net reduction in direct spending 
attributable to the collection and spending of immigration 
application fees would be less than $500,000 over the 2020-2030 
period. Additionally, CBO estimates that the increase in 
revenues attributable to increased visa application fees would 
be less than $500,000 over the 2020-2030 period.

Spending Subject to Appropriation

    Lawful permanent residents are eligible for Pell grants. 
Most of each grant award is paid from discretionary 
appropriations (about $3,700 of the average award of $4,400 in 
2025, CBO estimates). CBO estimates that under H.R. 2214, 
discretionary costs for Pell grants would increase by $3 
million over the 2020-2025 period; any spending would be 
subject to the availability of appropriated funds (see ``Higher 
Education Assistance'' above). Under current law, the Federal 
Pell Grant Program is authorized through fiscal year 2020; for 
this estimate, CBO has estimated costs over the 2021-2030 
period.

Uncertainty

    CBO considered several areas of uncertainty in estimating 
the effects of H.R. 2214.
           The number of people who would gain 
        admission as lawful permanent residents under H.R. 2214 
        could differ from CBO's projection, in which case costs 
        could be higher or lower than estimated here.
           The Administration could, under current law, 
        narrow the scope of the entry restrictions during the 
        2020-2030 period (as happened in 2018 when it removed 
        Chad from the list of countries whose nationals are 
        subject to entry restrictions). In that case, the 
        budgetary effects of H.R. 2214 relative to current law 
        would be lower than shown in this estimate.
           The Administration could implement H.R. 2214 
        in a number of ways; CBO has no basis for predicting 
        how it would do so. If the Administration implemented 
        the bill in a manner that increased the number of 
        people admitted into the United States as refugees or 
        the number of people granted asylum, spending would be 
        higher than the amounts estimated here.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in Table 3. 
Only on-budget changes to outlays or revenues are subject to 
pay-as-you-go procedures.

  TABLE 3.--CBO'S ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF H.R. 2214, THE NATIONAL ORIGIN-BASED ANTIDISCRIMINATION FOR NONIMMIGRANTS ACT, AS
                                      ORDERED REPORTED BY THE HOUSE COMMITTEE ON THE JUDICIARY ON FEBRUARY 12, 2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2020   2021   2022   2023   2024   2025   2026   2027   2028   2029   2030  2020-2025  2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Net Increase in the On-Budget Deficit
 
Pay-As-You-Go Effect.................................      2      7     11     15     20     25     32     39     46     53     57        80        307
Memorandum:
Changes in Outlays...................................      2      7     10     14     19     24     30     37     43     50     54        76        290
Changes in Revenues..................................      0      0     -1     -1     -1     -1     -2     -2     -3     -3     -3        -4        -17
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term deficits: CBO estimates that enacting 
H.R. 2214 would not increase on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2031.
    Mandates: None.
    Estimate prepared by: Federal costs: David Rafferty 
(population estimates; disability and retirement programs), 
Sunita D'Monte (Department of State), Kate Fritzsche (low-
income health programs), Jennifer Gray (nutrition programs), 
Justin Humphrey (education programs), Leah Koestner (education 
programs), Lisa Ramirez-Branum (low-income health programs), 
Jon Sperl (Department of Homeland Security), Emily Vreeland 
(low-income health programs); Staff of the Joint Committee on 
Taxation (low-income health programs); Federal revenues: Staff 
of the Joint Committee on Taxation--Kate Fritzsche, Emily 
Vreeland, Sunita D'Monte, David Rafferty; Mandates: Rachel 
Austin.
    Estimate reviewed by: David Newman, Chief, Defense, 
International Affairs, and Veterans' Affairs Cost Estimates 
Unit; H. Samuel Papenfuss, Deputy Director of Budget Analysis; 
Theresa Gullo, Director of Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 2214 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
2214 would modify the President's authority to suspend or 
restrict classes of aliens from entering the United States, 
expand the Immigration and Nationality Act's nondiscrimination 
provision, and terminate certain actions taken by President 
Trump, including Presidential Proclamations 9645 and 9983.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2214 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                      Section-by-Section Analysis

    Section 1. Short Titles. Section 1 sets forth the short 
titles of the Act as the ``National Origin-Based 
Antidiscrimination for Nonimmigrants Act'' or the ``NO BAN 
Act.''
    Section 2. Expansion of Nondiscrimination Provision. 
Section 2 broadens section 202(a)(1) of the Immigration and 
Nationality Act (INA), which currently prohibits discrimination 
in the issuance of immigrant visas (i.e., green cards) based on 
race, sex, nationality, place of birth, or place of residence. 
This provision is expanded to include religion as a prohibited 
basis for discrimination and extends the prohibition on 
discrimination to the issuance of nonimmigrant visas, entry and 
admission into the United States, and the approval or 
revocation of any immigration benefit. An exception allows such 
factors to be considered if otherwise authorized by statute 
(e.g., religious-based persecution is a valid basis for 
asylum).
    Section 3. Transfer and Limitations on Authority to Suspend 
or Restrict the Entry of a Class of Aliens. Section 3 amends 
section 212(f) of the INA to:
           allow the president to suspend or restrict 
        the entry of any aliens or class of aliens only if the 
        Secretary of State, in consultation with the Secretary 
        of Homeland Security, determines, based on credible 
        facts, that the entry of such aliens would undermine 
        the security or public safety of the United States, 
        human rights, democratic processes or institutions, or 
        international stability; and
           establish procedural safeguards with respect 
        to the exercise of 212(f) authority, including 
        requiring specific evidence to support the suspension 
        or restriction, as well as the proposed duration; 
        requiring that the suspension or restriction be 
        narrowly tailored, using the least restrictive means, 
        to address a compelling governmental interest; and 
        requiring waivers for class-based restrictions and 
        suspensions, with a rebuttable presumption in favor of 
        granting family-based and humanitarian waivers.
    Section 3 requires the President, the Secretary of State, 
and the Secretary of Homeland Security to consult with Congress 
before exercising section 212(f) authority, and to brief and 
provide a written report to Congress within 48 hours of 
exercising such authority. If such briefing is not provided and 
updated every 30 days thereafter, the suspension or restriction 
will terminate absent congressional action.
    Section 3 ensures transparency and accountability by 
requiring the Secretary of State and the Secretary of Homeland 
Security to publish information regarding the suspension or 
termination in the Federal Register and provides for judicial 
review for individuals or classes of individuals who are 
injured.
    Finally, section 3 includes a ``Rule of Construction'' to 
further clarify that section 212(f) does not allow the 
President, the Secretary of State, or the Secretary of Homeland 
Security to act in a manner that is inconsistent with the 
policy decisions expressed by Congress in the immigration laws.
    Section 4. Termination of Certain Executive Actions. 
Section 4 repeals all iterations of the Trump Administration's 
Muslim Ban: Executive Orders 13769 and 13780, and Presidential 
Proclamations 9645 and 9983. It also repeals Executive Order 
13815, which requires enhanced vetting of refugees, and 
Presidential Proclamation 9822, which bars individuals who 
enter the United States across the southern border between 
ports of entry from seeking asylum.
    Section 5. Visa Applicants Report. Section 5 requires the 
Secretary of State to submit a report to Congress, not later 
than 90 days after the date of enactment, describing the 
implementation of each of the Executive Orders and Presidential 
Proclamations described in Section 4, as well as data on the 
number of individuals impacted by Presidential Proclamation 
9645 and 9983. With respect to any future use of section 
212(f), Section 5 also requires periodic reporting to Congress 
on impacted individuals.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, H.R. 2214, as reported, are shown as follows:

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT




           *       *       *       *       *       *       *
                         TITLE II--IMMIGRATION


Chapter 1--Selection System

           *       *       *       *       *       *       *



            numerical limitation to any single foreign state

  Sec. 202. (a) Per Country Level.--
          (1) Nondiscrimination.--(A) Except as specifically 
        provided in paragraph (2) and in sections 101(a)(27), 
        201(b)(2)(A)(i), and 203, no person shall receive any 
        preference or priority or be discriminated against in 
        the issuance of an immigrant visa or a nonimmigrant 
        visa, admission or other entry into the United States, 
        or the approval or revocation of any immigration 
        benefit because of the person's race, sex, religion, 
        nationality, place of birth, or place of residence, 
        except if expressly required by statute, or if a 
        statutorily authorized benefit takes into consideration 
        such factors.
          (B) Nothing in this paragraph shall be construed to 
        limit the authority of the Secretary of State to 
        determine the procedures for the processing of 
        immigrant visa applications or the locations where such 
        applications will be processed.
          (2) Per country levels for family-sponsored and 
        employment-based immigrants.--Subject to paragraphs 
        (3), (4), and (5), the total number of immigrant visas 
        made available to natives of any single foreign state 
        or dependent area under subsections (a) and (b) of 
        section 203 in any fiscal year may not exceed 7 percent 
        (in the case of a single foreign state) or 2 percent 
        (in the case of a dependent area) of the total number 
        of such visas made available under such subsections in 
        that fiscal year.
          (3) Exception if additional visas available.--If 
        because of the application of paragraph (2) with 
        respect to one or more foreign states or dependent 
        areas, the total number of visas available under both 
        subsections (a) and (b) of section 203 for a calendar 
        quarter exceeds the number of qualified immigrants who 
        otherwise may be issued such a visa, paragraph (2) 
        shall not apply to visas made available to such states 
        or areas during the remainder of such calendar quarter.
          (4) Special rules for spouses and children of lawful 
        permanent resident aliens.--
                  (A)  75 percent of 2nd preference set-aside 
                for spouses and children not subject to per 
                country limitation.--
                          (i) In general.--Of the visa numbers 
                        made available under section 203(a) to 
                        immigrants described in section 
                        203(a)(2)(A) in any fiscal year, 75 
                        percent of the 2-A floor (as defined in 
                        clause (ii)) shall be issued without 
                        regard to the numerical limitation 
                        under paragraph (2).
                          (ii)  2-A floor defined.--In this 
                        paragraph, the term ``2-A floor'' 
                        means, for a fiscal year, 77 percent of 
                        the total number of visas made 
                        available under section 203(a) to 
                        immigrants described in section 
                        203(a)(2) in the fiscal year.
                  (B) Treatment of remaining 25 percent for 
                countries subject to subsection (e).--
                          (i) In general.--Of the visa numbers 
                        made available under section 203(a) to 
                        immigrants described in section 
                        203(a)(2)(A) in any fiscal year, the 
                        remaining 25 percent of the 2-A floor 
                        shall be available in the case of a 
                        state or area that is subject to 
                        subsection (e) only to the extent that 
                        the total number of visas issued in 
                        accordance with subparagraph (A) to 
                        natives of the foreign state or area is 
                        less than the subsection (e) ceiling 
                        (as defined in clause (ii)).
                          (ii) Subsection (e) ceiling 
                        defined.--In clause (i), the term 
                        ``subsection (e) ceiling'' means, for a 
                        foreign state or dependent area, 77 
                        percent of the maximum number of visas 
                        that may be made available under 
                        section 203(a) to immigrants who are 
                        natives of the state or area under 
                        section 203(a)(2) consistent with 
                        subsection (e).
                  (C) Treatment of unmarried sons and daughters 
                in countries subject to subsection (e).--In the 
                case of a foreign state or dependent area to 
                which subsection (e) applies, the number of 
                immigrant visas that may be made available to 
                natives of the state or area under section 
                203(a)(2)(B) may not exceed--
                          (i) 23 percent of the maximum number 
                        of visas that may be made available 
                        under section 203(a) to immigrants of 
                        the state or area described in section 
                        203(a)(2) consistent with subsection 
                        (e), or
                          (ii) the number (if any) by which the 
                        maximum number of visas that may be 
                        made available under section 203(a) to 
                        immigrants of the state or area 
                        described in section 203(a)(2) 
                        consistent with subsection (e) exceeds 
                        the number of visas issued under 
                        section 203(a)(2)(A),
                whichever is greater.
                  (D) 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.
          (5) Rules for employment-based immigrants.--
                  (A) Employment-based immigrants not subject 
                to per country limitation if additional visas 
                available.--If the total number of visas 
                available under paragraph (1), (2), (3), (4), 
                or (5) of section 203(b) for a calendar quarter 
                exceeds the number of qualified immigrants who 
                may otherwise be issued such visas, the visas 
                made available under that paragraph shall be 
                issued without regard to the numerical 
                limitation under paragraph (2) of this 
                subsection during the remainder of the calendar 
                quarter.
                  (B) Limiting fall across 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(b) 
                exceeds the maximum number of visas that may be 
                made available to immigrants of the state or 
                area under section 203(b) consistent with 
                subsection (e) (determined without regard to 
                this paragraph), in applying subsection (e) all 
                visas shall be deemed to have been required for 
                the classes of aliens specified in section 
                203(b).
  (b) Rules for Chargeability.--Each independent country, self-
governing dominion, mandated territory, and territory under the 
international trusteeship system of the United Nations, other 
than the United States and its outlying possessions, shall be 
treated as a separate foreign state for the purposes of a 
numerical level established under subsection (a)(2) when 
approved by the Secretary of State. All other inhabited lands 
shall be attributed to a foreign state specified by the 
Secretary of State. For the purposes of this Act the foreign 
state to which an immigrant is chargeable shall be determined 
by birth within such foreign state except that (1) an alien 
child, when accompanied by or following to join his alien 
parent or parents, may be charged to the foreign state of 
either parent if such parent has received or would be qualified 
for an immigrant visa, if necessary to prevent the separation 
of the child from the parent or parents, and if immigration 
charged to the foreign state to which such parent has been or 
would be chargeable has not reached a numerical level 
established under subsection (a)(2) for that fiscal year; (2) 
if an alien is chargeable to a different foreign state from 
that of his spouse, the foreign state to which such alien is 
chargeable may, if necessary to prevent the separation of 
husband and wife, be determined by the foreign state of the 
spouse he is accompanying or following to join, if such spouse 
has received or would be qualified for an immigrant visa and if 
immigration charged to the foreign state to which such spouse 
has been or would be chargeable has not reached a numerical 
level established under subsection (a)(2) for that fiscal year; 
(3) an alien born in the United States shall be considered as 
having been born in the country of which he is a citizen or 
subject, or, if he is not a citizen or subject of any country, 
in the last foreign country in which he had his residence as 
determined by the consular officer; and (4) an alien born 
within any foreign state in which neither of his parents was 
born and in which neither of his parents had a residence at the 
time of such alien's birth may be charged to the foreign state 
of either parent.
  (c) Chargeability for Dependent Areas.--Any immigrant born in 
a colony or other component or dependent area of a foreign 
state overseas from the foreign state, other than an alien 
described in section 201(b), shall be chargeable for the 
purpose of the limitation set forth in subsection (a), to the 
foreign state.
  (d) Changes in Territory.--In the case of any change in the 
territorial limits of foreign states, the Secretary of State 
shall, upon recognition of such change, issue appropriate 
instructions to all diplomatic and consular offices.
  (e) Special Rules for Countries at Ceiling.--If it is 
determined that the total number of immigrant visas made 
available under subsections (a) and (b) of section 203 to 
natives of any single foreign state or dependent area will 
exceed the numerical limitation specified in subsection (a)(2) 
in any fiscal year, in determining the allotment of immigrant 
visa numbers to natives under subsections (a) and (b) of 
section 203, visa numbers with respect to natives of that state 
or area shall be allocated (to the extent practicable and 
otherwise consistent with this section and section 203) in a 
manner so that--
          (1) the ratio of the visa numbers made available 
        under section 203(a) to the visa numbers made available 
        under section 203(b) is equal to the ratio of the 
        worldwide level of immigration under section 201(c) to 
        such level under section 201(d);
          (2) 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), 
        and
          (3) except as provided in subsection (a)(5), the 
        proportion of the visa numbers made available under 
        each of paragraphs (1) through (5) of section 203(b) 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(b).
Nothing in this subsection shall be construed as limiting the 
number of visas that may be issued to natives of a foreign 
state or dependent area under section 203(a) or 203(b) if there 
is insufficient demand for visas for such natives under section 
203(b) or 203(a), respectively, or as limiting the number of 
visas that may be issued under section 203(a)(2)(A) pursuant to 
subsection (a)(4)(A).

           *       *       *       *       *       *       *


 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

           *       *       *       *       *       *       *



 general classes of aliens ineligible to receive visas and ineligible 
               for admission; waivers of inadmissibility

  Sec. 212. (a) Classes of Aliens Ineligible for Visas or 
Admission.--Except as otherwise provided in this Act, aliens 
who are inadmissible under the following paragraphs are 
ineligible to receive visas and ineligible to be admitted to 
the United States:
          (1) Health-related grounds.--
                  (A) In general.--Any alien--
                          (i) who is determined (in accordance 
                        with regulations prescribed by the 
                        Secretary of Health and Human Services) 
                        to have a communicable disease of 
                        public health significance;
                          (ii) except as provided in 
                        subparagraph (C), who seeks admission 
                        as an immigrant, or who seeks 
                        adjustment of status to the status of 
                        an alien lawfully admitted for 
                        permanent residence, and who has failed 
                        to present documentation of having 
                        received vaccination against vaccine-
                        preventable diseases, which shall 
                        include at least the following 
                        diseases: mumps, measles, rubella, 
                        polio, tetanus and diphtheria toxoids, 
                        pertussis, influenza type B and 
                        hepatitis B, and any other vaccinations 
                        against vaccine-preventable diseases 
                        recommended by the Advisory Committee 
                        for Immunization Practices,
                          (iii) who is determined (in 
                        accordance with regulations prescribed 
                        by the Secretary of Health and Human 
                        Services in consultation with the 
                        Attorney General)--
                                  (I) to have a physical or 
                                mental disorder and behavior 
                                associated with the disorder 
                                that may pose, or has posed, a 
                                threat to the property, safety, 
                                or welfare of the alien or 
                                others, or
                                  (II) to have had a physical 
                                or mental disorder and a 
                                history of behavior associated 
                                with the disorder, which 
                                behavior has posed a threat to 
                                the property, safety, or 
                                welfare of the alien or others 
                                and which behavior is likely to 
                                recur or to lead to other 
                                harmful behavior, or
                          (iv) who is determined (in accordance 
                        with regulations prescribed by the 
                        Secretary of Health and Human Services) 
                        to be a drug abuser or addict,
                is inadmissibility.
                  (B) Waiver authorized.--For provision 
                authorizing waiver of certain clauses of 
                subparagraph (A), see subsection (g).
                  (C) Exception from immunization requirement 
                for adopted children 10 years of age or 
                younger.--Clause (ii) of subparagraph (A) shall 
                not apply to a child who--
                          (i) is 10 years of age or younger,
                          (ii) is described in subparagraph (F) 
                        or (G) of section 101(b)(1); and
                          (iii) is seeking an immigrant visa as 
                        an immediate relative under section 
                        201(b),
                if, prior to the admission of the child, an 
                adoptive parent or prospective adoptive parent 
                of the child, who has sponsored the child for 
                admission as an immediate relative, has 
                executed an affidavit stating that the parent 
                is aware of the provisions of subparagraph 
                (A)(ii) and will ensure that, within 30 days of 
                the child's admission, or at the earliest time 
                that is medically appropriate, the child will 
                receive the vaccinations identified in such 
                subparagraph.
          (2) Criminal and related grounds.--
                  (A) Conviction of certain crimes.--
                          (i) In general.--Except as provided 
                        in clause (ii), any alien convicted of, 
                        or who admits having committed, or who 
                        admits committing acts which constitute 
                        the essential elements of--
                                  (I) a crime involving moral 
                                turpitude (other than a purely 
                                political offense) or an 
                                attempt or conspiracy to commit 
                                such a crime, or
                                  (II) a violation of (or a 
                                conspiracy or attempt to 
                                violate) any law or regulation 
                                of a State, the United States, 
                                or a foreign country relating 
                                to a controlled substance (as 
                                defined in section 102 of the 
                                Controlled Substances Act (21 
                                U.S.C. 802)),
                        is inadmissible.
                          (ii) Exception.--Clause (i)(I) shall 
                        not apply to an alien who committed 
                        only one crime if--
                                  (I) the crime was committed 
                                when the alien was under 18 
                                years of age, and the crime was 
                                committed (and the alien 
                                released from any confinement 
                                to a prison or correctional 
                                institution imposed for the 
                                crime) more than 5 years before 
                                the date of application for a 
                                visa or other documentation and 
                                the date of application for 
                                admission to the United States, 
                                or
                                  (II) the maximum penalty 
                                possible for the crime of which 
                                the alien was convicted (or 
                                which the alien admits having 
                                committed or of which the acts 
                                that the alien admits having 
                                committed constituted the 
                                essential elements) did not 
                                exceed imprisonment for one 
                                year and, if the alien was 
                                convicted of such crime, the 
                                alien was not sentenced to a 
                                term of imprisonment in excess 
                                of 6 months (regardless of the 
                                extent to which the sentence 
                                was ultimately executed).
                  (B) Multiple criminal convictions.--Any alien 
                convicted of 2 or more offenses (other than 
                purely political offenses), regardless of 
                whether the conviction was in a single trial or 
                whether the offenses arose from a single scheme 
                of misconduct and regardless of whether the 
                offenses involved moral turpitude, for which 
                the aggregate sentences to confinement were 5 
                years or more is inadmissible.
                  (C) Controlled substance traffickers.--Any 
                alien who the consular officer or the Attorney 
                General knows or has reason to believe--
                          (i) is or has been an illicit 
                        trafficker in any controlled substance 
                        or in any listed chemical (as defined 
                        in section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802)), or is 
                        or has been a knowing aider, abettor, 
                        assister, conspirator, or colluder with 
                        others in the illicit trafficking in 
                        any such controlled or listed substance 
                        or chemical, or endeavored to do so; or
                          (ii) is the spouse, son, or daughter 
                        of an alien inadmissible under clause 
                        (i), has, within the previous 5 years, 
                        obtained any financial or other benefit 
                        from the illicit activity of that 
                        alien, and knew or reasonably should 
                        have known that the financial or other 
                        benefit was the product of such illicit 
                        activity,
                is inadmissible.
                  (D) Prostitution and commercialized vice.--
                Any alien who--
                          (i) is coming to the United States 
                        solely, principally, or incidentally to 
                        engage in prostitution, or has engaged 
                        in prostitution within 10 years of the 
                        date of application for a visa, 
                        admission, or adjustment of status,
                          (ii) directly or indirectly procures 
                        or attempts to procure, or (within 10 
                        years of the date of application for a 
                        visa, entry, or adjustment of status) 
                        procured or attempted to procure or to 
                        import, prostitutes or persons for the 
                        purpose of prostitution, or receives or 
                        (within such 10-year period) received, 
                        in whole or in part, the proceeds of 
                        prostitution, or
                          (iii) is coming to the United States 
                        to engage in any other unlawful 
                        commercialized vice, whether or not 
                        related to prostitution,
                is inadmissible.
                  (E) Certain aliens involved in serious 
                criminal activity who have asserted immunity 
                from prosecution.--Any alien--
                          (i) who has committed in the United 
                        States at any time a serious criminal 
                        offense (as defined in section 101(h)),
                          (ii) for whom immunity from criminal 
                        jurisdiction was exercised with respect 
                        to that offense,
                          (iii) who as a consequence of the 
                        offense and exercise of immunity has 
                        departed from the United States, and
                          (iv) who has not subsequently 
                        submitted fully to the jurisdiction of 
                        the court in the United States having 
                        jurisdiction with respect to that 
                        offense,
                is inadmissible.
                  (F) Waiver authorized.--For provision 
                authorizing waiver of certain subparagraphs of 
                this paragraph, see subsection (h).
                  (G) Foreign government officials who have 
                committed particularly severe violations of 
                religious freedom.--Any alien who, while 
                serving as a foreign government official, was 
                responsible for or directly carried out, at any 
                time, particularly severe violations of 
                religious freedom, as defined in section 3 of 
                the International Religious Freedom Act of 1998 
                (22 U.S.C. 6402), is inadmissible.
                  (H) Significant traffickers in persons.--
                          (i) In general.--Any alien who 
                        commits or conspires to commit human 
                        trafficking offenses in the United 
                        States or outside the United States, or 
                        who the consular officer, the Secretary 
                        of Homeland Security, the Secretary of 
                        State, or the Attorney General knows or 
                        has reason to believe is or has been a 
                        knowing aider, abettor, assister, 
                        conspirator, or colluder with such a 
                        trafficker in severe forms of 
                        trafficking in persons, as defined in 
                        the section 103 of such Act, is 
                        inadmissible.
                          (ii) Beneficiaries of trafficking.--
                        Except as provided in clause (iii), any 
                        alien who the consular officer or the 
                        Attorney General knows or has reason to 
                        believe is the spouse, son, or daughter 
                        of an alien inadmissible under clause 
                        (i), has, within the previous 5 years, 
                        obtained any financial or other benefit 
                        from the illicit activity of that 
                        alien, and knew or reasonably should 
                        have known that the financial or other 
                        benefit was the product of such illicit 
                        activity, is inadmissible.
                          (iii) Exception for certain sons and 
                        daughters.--Clause (ii) shall not apply 
                        to a son or daughter who was a child at 
                        the time he or she received the benefit 
                        described in such clause.
                  (I) Money laundering.--Any alien--
                          (i) who a consular officer or the 
                        Attorney General knows, or has reason 
                        to believe, has engaged, is engaging, 
                        or seeks to enter the United States to 
                        engage, in an offense which is 
                        described in section 1956 or 1957 of 
                        title 18, United States Code (relating 
                        to laundering of monetary instruments); 
                        or
                          (ii) who a consular officer or the 
                        Attorney General knows is, or has been, 
                        a knowing aider, abettor, assister, 
                        conspirator, or colluder with others in 
                        an offense which is described in such 
                        section;
                is inadmissible.
          (3) Security and related grounds.--
                  (A) In general.--Any alien who a consular 
                officer or the Attorney General knows, or has 
                reasonable ground to believe, seeks to enter 
                the United States to engage solely, 
                principally, or incidentally in--
                          (i) any activity (I) to violate any 
                        law of the United States relating to 
                        espionage or sabotage or (II) to 
                        violate or evade any law prohibiting 
                        the export from the United States of 
                        goods, technology, or sensitive 
                        information,
                          (ii) any other unlawful activity, or
                          (iii) any activity a purpose of which 
                        is the opposition to, or the control or 
                        overthrow of, the Government of the 
                        United States by force, violence, or 
                        other unlawful means,
                is inadmissible.
                  (B) Terrorist activities.--
                          (i) In general.--Any alien who--
                                  (I) has engaged in a 
                                terrorist activity;
                                  (II) a consular officer, the 
                                Attorney General, or the 
                                Secretary of Homeland Security 
                                knows, or has reasonable ground 
                                to believe, is engaged in or is 
                                likely to engage after entry in 
                                any terrorist activity (as 
                                defined in clause (iv));
                                  (III) has, under 
                                circumstances indicating an 
                                intention to cause death or 
                                serious bodily harm, incited 
                                terrorist activity;
                                  (IV) is a representative (as 
                                defined in clause (v)) of--
                                          (aa) a terrorist 
                                        organization (as 
                                        defined in clause 
                                        (vi)); or
                                          (bb) a political, 
                                        social, or other group 
                                        that endorses or 
                                        espouses terrorist 
                                        activity;
                                  (V) is a member of a 
                                terrorist organization 
                                described in subclause (I) or 
                                (II) of clause (vi);
                                  (VI) is a member of a 
                                terrorist organization 
                                described in clause (vi)(III), 
                                unless the alien can 
                                demonstrate by clear and 
                                convincing evidence that the 
                                alien did not know, and should 
                                not reasonably have known, that 
                                the organization was a 
                                terrorist organization;
                                  (VII) endorses or espouses 
                                terrorist activity or persuades 
                                others to endorse or espouse 
                                terrorist activity or support a 
                                terrorist organization;
                                  (VIII) has received military-
                                type training (as defined in 
                                section 2339D(c)(1) of title 
                                18, United States Code) from or 
                                on behalf of any organization 
                                that, at the time the training 
                                was received, was a terrorist 
                                organization (as defined in 
                                clause (vi)); or
                                  (IX) is the spouse or child 
                                of an alien who is inadmissible 
                                under this subparagraph, if the 
                                activity causing the alien to 
                                be found inadmissible occurred 
                                within the last 5 years, is 
                                inadmissible.
                        An alien who is an officer, official, 
                        representative, or spokesman of the 
                        Palestine Liberation Organization is 
                        considered, for purposes of this Act, 
                        to be engaged in a terrorist activity.
                          (ii) Exception.--Subclause (IX) of 
                        clause (i) does not apply to a spouse 
                        or child--
                                  (I) who did not know or 
                                should not reasonably have 
                                known of the activity causing 
                                the alien to be found 
                                inadmissible under this 
                                section; or
                                  (II) whom the consular 
                                officer or Attorney General has 
                                reasonable grounds to believe 
                                has renounced the activity 
                                causing the alien to be found 
                                inadmissible under this 
                                section.
                          (iii) Terrorist activity defined.--As 
                        used in this Act, the term ``terrorist 
                        activity'' means any activity which is 
                        unlawful under the laws of the place 
                        where it is committed (or which, if it 
                        had been committed in the United 
                        States, would be unlawful under the 
                        laws of the United States or any State) 
                        and which involves any of the 
                        following:
                                  (I) The highjacking or 
                                sabotage of any conveyance 
                                (including an aircraft, vessel, 
                                or vehicle).
                                  (II) The seizing or 
                                detaining, and threatening to 
                                kill, injure, or continue to 
                                detain, another individual in 
                                order to compel a third person 
                                (including a governmental 
                                organization) to do or abstain 
                                from doing any act as an 
                                explicit or implicit condition 
                                for the release of the 
                                individual seized or detained.
                                  (III) A violent attack upon 
                                an internationally protected 
                                person (as defined in section 
                                1116(b)(4) of title 18, United 
                                States Code) or upon the 
                                liberty of such a person.
                                  (IV) An assassination.
                                  (V) The use of any--
                                          (a) biological agent, 
                                        chemical agent, or 
                                        nuclear weapon or 
                                        device, or
                                          (b) explosive, 
                                        firearm, or other 
                                        weapon or dangerous 
                                        device (other than for 
                                        mere personal monetary 
                                        gain),
                                with intent to endanger, 
                                directly or indirectly, the 
                                safety of one or more 
                                individuals or to cause 
                                substantial damage to property.
                                  (VI) A threat, attempt, or 
                                conspiracy to do any of the 
                                foregoing.
                          (iv) Engage in terrorist activity 
                        defined.--As used in this Act, the term 
                        ``engage in terrorist activity'' means, 
                        in an individual capacity or as a 
                        member of an organization--
                                  (I) to commit or to incite to 
                                commit, under circumstances 
                                indicating an intention to 
                                cause death or serious bodily 
                                injury, a terrorist activity;
                                  (II) to prepare or plan a 
                                terrorist activity;
                                  (III) to gather information 
                                on potential targets for 
                                terrorist activity;
                                  (IV) to solicit funds or 
                                other things of value for--
                                          (aa) a terrorist 
                                        activity;
                                          (bb) a terrorist 
                                        organization described 
                                        in clause (vi)(I) or 
                                        (vi)(II); or
                                          (cc) a terrorist 
                                        organization described 
                                        in clause (vi)(III), 
                                        unless the solicitor 
                                        can demonstrate by 
                                        clear and convincing 
                                        evidence that he did 
                                        not know, and should 
                                        not reasonably have 
                                        known, that the 
                                        organization was a 
                                        terrorist organization;
                                  (V) to solicit any 
                                individual--
                                          (aa) to engage in 
                                        conduct otherwise 
                                        described in this 
                                        subsection;
                                          (bb) for membership 
                                        in a terrorist 
                                        organization described 
                                        in clause (vi)(I) or 
                                        (vi)(II); or
                                          (cc) for membership 
                                        in a terrorist 
                                        organization described 
                                        in clause (vi)(III) 
                                        unless the solicitor 
                                        can demonstrate by 
                                        clear and convincing 
                                        evidence that he did 
                                        not know, and should 
                                        not reasonably have 
                                        known, that the 
                                        organization was a 
                                        terrorist organization; 
                                        or
                                  (VI) to commit an act that 
                                the actor knows, or reasonably 
                                should know, affords material 
                                support, including a safe 
                                house, transportation, 
                                communications, funds, transfer 
                                of funds or other material 
                                financial benefit, false 
                                documentation or 
                                identification, weapons 
                                (including chemical, 
                                biological, or radiological 
                                weapons), explosives, or 
                                training--
                                          (aa) for the 
                                        commission of a 
                                        terrorist activity;
                                          (bb) to any 
                                        individual who the 
                                        actor knows, or 
                                        reasonably should know, 
                                        has committed or plans 
                                        to commit a terrorist 
                                        activity;
                                          (cc) to a terrorist 
                                        organization described 
                                        in subclause (I) or 
                                        (II) of clause (vi) or 
                                        to any member of such 
                                        an organization; or
                                          (dd) to a terrorist 
                                        organization described 
                                        in clause (vi)(III), or 
                                        to any member of such 
                                        an organization, unless 
                                        the actor can 
                                        demonstrate by clear 
                                        and convincing evidence 
                                        that the actor did not 
                                        know, and should not 
                                        reasonably have known, 
                                        that the organization 
                                        was a terrorist 
                                        organization.
                          (v) Representative defined.--As used 
                        in this paragraph, the term 
                        ``representative'' includes an officer, 
                        official, or spokesman of an 
                        organization, and any person who 
                        directs, counsels, commands, or induces 
                        an organization or its members to 
                        engage in terrorist activity.
                          (vi) Terrorist organization 
                        defined.--As used in this section, the 
                        term ``terrorist organization'' means 
                        an organization--
                                  (I) designated under section 
                                219;
                                  (II) otherwise designated, 
                                upon publication in the Federal 
                                Register, by the Secretary of 
                                State in consultation with or 
                                upon the request of the 
                                Attorney General or the 
                                Secretary of Homeland Security, 
                                as a terrorist organization, 
                                after finding that the 
                                organization engages in the 
                                activities described in 
                                subclauses (I) through (VI) of 
                                clause (iv); or
                                  (III) that is a group of two 
                                or more individuals, whether 
                                organized or not, which engages 
                                in, or has a subgroup which 
                                engages in, the activities 
                                described in subclauses (I) 
                                through (VI) of clause (iv).
                  (C) Foreign policy.--
                          (i) In general.--An alien whose entry 
                        or proposed activities in the United 
                        States the Secretary of State has 
                        reasonable ground to believe would have 
                        potentially serious adverse foreign 
                        policy consequences for the United 
                        States is inadmissible.
                          (ii) Exception for officials.--An 
                        alien who is an official of a foreign 
                        government or a purported government, 
                        or who is a candidate for election to a 
                        foreign government office during the 
                        period immediately preceding the 
                        election for that office, shall not be 
                        excludable or subject to restrictions 
                        or conditions on entry into the United 
                        States under clause (i) solely because 
                        of the alien's past, current, or 
                        expected beliefs, statements, or 
                        associations, if such beliefs, 
                        statements, or associations would be 
                        lawful within the United States.
                          (iii) Exception for other aliens.--An 
                        alien, not described in clause (ii), 
                        shall not be excludable or subject to 
                        restrictions or conditions on entry 
                        into the United States under clause (i) 
                        because of the alien's past, current, 
                        or expected beliefs, statements, or 
                        associations, if such beliefs, 
                        statements, or associations would be 
                        lawful within the United States, unless 
                        the Secretary of State personally 
                        determines that the alien's admission 
                        would compromise a compelling United 
                        States foreign policy interest.
                          (iv) Notification of 
                        determinations.--If a determination is 
                        made under clause (iii) with respect to 
                        an alien, the Secretary of State must 
                        notify on a timely basis the chairmen 
                        of the Committees on the Judiciary and 
                        Foreign Affairs of the House of 
                        Representatives and of the Committees 
                        on the Judiciary and Foreign Relations 
                        of the Senate of the identity of the 
                        alien and the reasons for the 
                        determination.
                  (D) Immigrant membership in totalitarian 
                party.--
                          (i) In general.--Any immigrant who is 
                        or has been a member of or affiliated 
                        with the Communist or any other 
                        totalitarian party (or subdivision or 
                        affiliate thereof), domestic or 
                        foreign, is inadmissible.
                          (ii) Exception for involuntary 
                        membership.--Clause (i) shall not apply 
                        to an alien because of membership or 
                        affiliation if the alien establishes to 
                        the satisfaction of the consular 
                        officer when applying for a visa (or to 
                        the satisfaction of the Attorney 
                        General when applying for admission) 
                        that the membership or affiliation is 
                        or was involuntary, or is or was solely 
                        when under 16 years of age, by 
                        operation of law, or for purposes of 
                        obtaining employment, food rations, or 
                        other essentials of living and whether 
                        necessary for such purposes.
                          (iii) Exception for past 
                        membership.--Clause (i) shall not apply 
                        to an alien because of membership or 
                        affiliation if the alien establishes to 
                        the satisfaction of the consular 
                        officer when applying for a visa (or to 
                        the satisfaction of the Attorney 
                        General when applying for admission) 
                        that--
                                  (I) the membership or 
                                affiliation terminated at 
                                least--
                                          (a) 2 years before 
                                        the date of such 
                                        application, or
                                          (b) 5 years before 
                                        the date of such 
                                        application, in the 
                                        case of an alien whose 
                                        membership or 
                                        affiliation was with 
                                        the party controlling 
                                        the government of a 
                                        foreign state that is a 
                                        totalitarian 
                                        dictatorship as of such 
                                        date, and
                                  (II) the alien is not a 
                                threat to the security of the 
                                United States.
                          (iv) Exception for close family 
                        members.--The Attorney General may, in 
                        the Attorney General's discretion, 
                        waive the application of clause (i) in 
                        the case of an immigrant who is the 
                        parent, spouse, son, daughter, brother, 
                        or sister of a citizen of the United 
                        States or a spouse, son, or daughter of 
                        an alien lawfully admitted for 
                        permanent residence for humanitarian 
                        purposes, to assure family unity, or 
                        when it is otherwise in the public 
                        interest if the immigrant is not a 
                        threat to the security of the United 
                        States.
                  (E) Participants in nazi persecution, 
                genocide, or the commission of any act of 
                torture or extrajudicial killing.--
                          (i) Participation in nazi 
                        persecutions.--Any alien who, during 
                        the period beginning on March 23, 1933, 
                        and ending on May 8, 1945, under the 
                        direction of, or in association with--
                                  (I) the Nazi government of 
                                Germany,
                                  (II) any government in any 
                                area occupied by the military 
                                forces of the Nazi government 
                                of Germany,
                                  (III) any government 
                                established with the assistance 
                                or cooperation of the Nazi 
                                government of Germany, or
                                  (IV) any government which was 
                                an ally of the Nazi government 
                                of Germany,
                        ordered, incited, assisted, or 
                        otherwise participated in the 
                        persecution of any person because of 
                        race, religion, national origin, or 
                        political opinion is inadmissible.
                          (ii) Participation in genocide.--Any 
                        alien who ordered, incited, assisted, 
                        or otherwise participated in genocide, 
                        as defined in section 1091(a) of title 
                        18, United States Code, is inadmissible
                          (iii) Commission of acts of torture 
                        or extrajudicial killings.--Any alien 
                        who, outside the United States, has 
                        committed, ordered, incited, assisted, 
                        or otherwise participated in the 
                        commission of--
                                  (I) any act of torture, as 
                                defined in section 2340 of 
                                title 18, United States Code; 
                                or
                                  (II) under color of law of 
                                any foreign nation, any 
                                extrajudicial killing, as 
                                defined in section 3(a) of the 
                                Torture Victim Protection Act 
                                of 1991 (28 U.S.C. 1350 note),
                        is inadmissible.
                  (F) Association with terrorist 
                organizations.--Any alien who the Secretary of 
                State, after consultation with the Attorney 
                General, or the Attorney General, after 
                consultation with the Secretary of State, 
                determines has been associated with a terrorist 
                organization and intends while in the United 
                States to engage solely, principally, or 
                incidentally in activities that could endanger 
                the welfare, safety, or security of the United 
                States is inadmissible.
                  (G) Recruitment or use of child soldiers.--
                Any alien who has engaged in the recruitment or 
                use of child soldiers in violation of section 
                2442 of title 18, United States Code, is 
                inadmissible.
          (4) Public charge.--
                  (A) In general.--Any alien who, in the 
                opinion of the consular officer at the time of 
                application for a visa, or in the opinion of 
                the Attorney General at the time of application 
                for admission or adjustment of status, is 
                likely at any time to become a public charge is 
                inadmissible.
                  (B) Factors to be taken into account.--(i) In 
                determining whether an alien is inadmissible 
                under this paragraph, the consular officer or 
                the Attorney General shall at a minimum 
                consider the alien's--
                          (I) age;
                          (II) health;
                          (III) family status;
                          (IV) assets, resources, and financial 
                        status; and
                          (V) education and skills.
                  (ii) In addition to the factors under clause 
                (i), the consular officer or the Attorney 
                General may also consider any affidavit of 
                support under section 213A for purposes of 
                exclusion under this paragraph.
                  (C) Family-sponsored immigrants.--Any alien 
                who seeks admission or adjustment of status 
                under a visa number issued under section 
                201(b)(2) or 203(a) is inadmissible under this 
                paragraph unless--
                          (i) the alien has obtained--
                                  (I) status as a spouse or a 
                                child of a United States 
                                citizen pursuant to clause 
                                (ii), (iii), or (iv) of section 
                                204(a)(1)(A), or
                                  (II) classification pursuant 
                                to clause (ii) or (iii) of 
                                section 204(a)(1)(B); or
                                  (III) classification or 
                                status as a VAWA self-
                                petitioner; or
                          (ii) the person petitioning for the 
                        alien's admission (and any additional 
                        sponsor required under section 213A(f) 
                        or any alternative sponsor permitted 
                        under paragraph (5)(B) of such section) 
                        has executed an affidavit of support 
                        described in section 213A with respect 
                        to such alien.
                  (D) Certain employment-based immigrants.--Any 
                alien who seeks admission or adjustment of 
                status under a visa number issued under section 
                203(b) by virtue of a classification petition 
                filed by a relative of the alien (or by an 
                entity in which such relative has a significant 
                ownership interest) is inadmissible under this 
                paragraph unless such relative has executed an 
                affidavit of support described in section 213A 
                with respect to such alien.
                  (E) Special rule for qualified alien 
                victims.--Subparagraphs (A), (B), and (C) shall 
                not apply to an alien who--
                          (i) is a VAWA self-petitioner;
                          (ii) is an applicant for, or is 
                        granted, nonimmigrant status under 
                        section 101(a)(15)(U); or
                          (iii) is a qualified alien described 
                        in section 431(c) of the Personal 
                        Responsibility and Work Opportunity 
                        Reconciliation Act of 1996 (8 U.S.C. 
                        1641(c)).
          (5) Labor certification and qualifications for 
        certain immigrants.--
                  (A) Labor certification.--
                          (i) In general.--Any alien who seeks 
                        to enter the United States for the 
                        purpose of performing skilled or 
                        unskilled labor is inadmissible, unless 
                        the Secretary of Labor has determined 
                        and certified to the Secretary of State 
                        and the Attorney General that--
                                  (I) there are not sufficient 
                                workers who are able, willing, 
                                qualified (or equally qualified 
                                in the case of an alien 
                                described in clause (ii)) and 
                                available at the time of 
                                application for a visa and 
                                admission to the United States 
                                and at the place where the 
                                alien is to perform such 
                                skilled or unskilled labor, and
                                  (II) the employment of such 
                                alien will not adversely affect 
                                the wages and working 
                                conditions of workers in the 
                                United States similarly 
                                employed.
                          (ii) Certain aliens subject to 
                        special rule.--For purposes of clause 
                        (i)(I), an alien described in this 
                        clause is an alien who--
                                  (I) is a member of the 
                                teaching profession, or
                                  (II) has exceptional ability 
                                in the sciences or the arts.
                          (iii) Professional athletes.--
                                  (I) In general.--A 
                                certification made under clause 
                                (i) with respect to a 
                                professional athlete shall 
                                remain valid with respect to 
                                the athlete after the athlete 
                                changes employer, if the new 
                                employer is a team in the same 
                                sport as the team which 
                                employed the athlete when the 
                                athlete first applied for the 
                                certification.
                                  (II) Definition.--For 
                                purposes of subclause (I), the 
                                term ``professional athlete'' 
                                means an individual who is 
                                employed as an athlete by--
                                          (aa) a team that is a 
                                        member of an 
                                        association of 6 or 
                                        more professional 
                                        sports teams whose 
                                        total combined revenues 
                                        exceed $10,000,000 per 
                                        year, if the 
                                        association governs the 
                                        conduct of its members 
                                        and regulates the 
                                        contests and 
                                        exhibitions in which 
                                        its member teams 
                                        regularly engage; or
                                          (bb) any minor league 
                                        team that is affiliated 
                                        with such an 
                                        association.
                          (iv) Long delayed adjustment 
                        applicants.--A certification made under 
                        clause (i) with respect to an 
                        individual whose petition is covered by 
                        section 204(j) shall remain valid with 
                        respect to a new job accepted by the 
                        individual after the individual changes 
                        jobs or employers if the new job is in 
                        the same or a similar occupational 
                        classification as the job for which the 
                        certification was issued.
                  (B) Unqualified physicians.--An alien who is 
                a graduate of a medical school not accredited 
                by a body or bodies approved for the purpose by 
                the Secretary of Education (regardless of 
                whether such school of medicine is in the 
                United States) and who is coming to the United 
                States principally to perform services as a 
                member of the medical profession is 
                inadmissible, unless the alien (i) has passed 
                parts I and II of the National Board of Medical 
                Examiners Examination (or an equivalent 
                examination as determined by the Secretary of 
                Health and Human Services) and (ii) is 
                competent in oral and written English. For 
                purposes of the previous sentence, an alien who 
                is a graduate of a medical school shall be 
                considered to have passed parts I and II of the 
                National Board of Medical Examiners if the 
                alien was fully and permanently licensed to 
                practice medicine in a State on January 9, 
                1978, and was practicing medicine in a State on 
                that date.
                  (C) Uncertified foreign health-care 
                workers.--Subject to subsection (r), any alien 
                who seeks to enter the United States for the 
                purpose of performing labor as a health-care 
                worker, other than a physician, is inadmissible 
                unless the alien presents to the consular 
                officer, or, in the case of an adjustment of 
                status, the Attorney General, a certificate 
                from the Commission on Graduates of Foreign 
                Nursing Schools, or a certificate from an 
                equivalent independent credentialing 
                organization approved by the Attorney General 
                in consultation with the Secretary of Health 
                and Human Services, verifying that--
                          (i) the alien's education, training, 
                        license, and experience--
                                  (I) meet all applicable 
                                statutory and regulatory 
                                requirements for entry into the 
                                United States under the 
                                classification specified in the 
                                application;
                                  (II) are comparable with that 
                                required for an American 
                                health-care worker of the same 
                                type; and
                                  (III) are authentic and, in 
                                the case of a license, 
                                unencumbered;
                          (ii) the alien has the level of 
                        competence in oral and written English 
                        considered by the Secretary of Health 
                        and Human Services, in consultation 
                        with the Secretary of Education, to be 
                        appropriate for health care work of the 
                        kind in which the alien will be 
                        engaged, as shown by an appropriate 
                        score on one or more nationally 
                        recognized, commercially available, 
                        standardized assessments of the 
                        applicant's ability to speak and write; 
                        and
                          (iii) if a majority of States 
                        licensing the profession in which the 
                        alien intends to work recognize a test 
                        predicting the success on the 
                        profession's licensing or certification 
                        examination, the alien has passed such 
                        a test or has passed such an 
                        examination.
                For purposes of clause (ii), determination of 
                the standardized tests required and of the 
                minimum scores that are appropriate are within 
                the sole discretion of the Secretary of Health 
                and Human Services and are not subject to 
                further administrative or judicial review.
                  (D) Application of grounds.--The grounds for 
                inadmissibility of aliens under subparagraphs 
                (A) and (B) shall apply to immigrants seeking 
                admission or adjustment of status under 
                paragraph (2) or (3) of section 203(b).
          (6) Illegal entrants and immigration violators.--
                  (A) Aliens present without admission or 
                parole.--
                          (i) In general.--An alien present in 
                        the United States without being 
                        admitted or paroled, or who arrives in 
                        the United States at any time or place 
                        other than as designated by the 
                        Attorney General, is inadmissible.
                          (ii) Exception for certain battered 
                        women and children.--Clause (i) shall 
                        not apply to an alien who demonstrates 
                        that--
                                  (I) the alien is a VAWA self-
                                petitioner;
                                  (II)(a) the alien has been 
                                battered or subjected to 
                                extreme cruelty by a spouse or 
                                parent, or by a member of the 
                                spouse's or parent's family 
                                residing in the same household 
                                as the alien and the spouse or 
                                parent consented or acquiesced 
                                to such battery or cruelty, or 
                                (b) the alien's child has been 
                                battered or subjected to 
                                extreme cruelty by a spouse or 
                                parent of the alien (without 
                                the active participation of the 
                                alien in the battery or 
                                cruelty) or by a member of the 
                                spouse's or parent's family 
                                residing in the same household 
                                as the alien when the spouse or 
                                parent consented to or 
                                acquiesced in such battery or 
                                cruelty and the alien did not 
                                actively participate in such 
                                battery or cruelty, and
                                  (III) there was a substantial 
                                connection between the battery 
                                or cruelty described in 
                                subclause (I) or (II) and the 
                                alien's unlawful entry into the 
                                United States.
                  (B) Failure to attend removal proceeding.--
                Any alien who without reasonable cause fails or 
                refuses to attend or remain in attendance at a 
                proceeding to determine the alien's 
                inadmissibility or deportability and who seeks 
                admission to the United States within 5 years 
                of such alien's subsequent departure or removal 
                is inadmissible.
                  (C) Misrepresentation.--
                          (i) In general.--Any alien who, by 
                        fraud or willfully misrepresenting a 
                        material fact, seeks to procure (or has 
                        sought to procure or has procured) a 
                        visa, other documentation, or admission 
                        into the United States or other benefit 
                        provided under this Act is 
                        inadmissible.
                          (ii) Falsely claiming citizenship.--
                                  (I) In general.--Any alien 
                                who falsely represents, or has 
                                falsely represented, himself or 
                                herself to be a citizen of the 
                                United States for any purpose 
                                or benefit under this Act 
                                (including section 274A) or any 
                                other Federal or State law is 
                                inadmissible.
                                  (II) Exception.--In the case 
                                of an alien making a 
                                representation described in 
                                subclause (I), if each natural 
                                parent of the alien (or, in the 
                                case of an adopted alien, each 
                                adoptive parent of the alien) 
                                is or was a citizen (whether by 
                                birth or naturalization), the 
                                alien permanently resided in 
                                the United States prior to 
                                attaining the age of 16, and 
                                the alien reasonably believed 
                                at the time of making such 
                                representation that he or she 
                                was a citizen, the alien shall 
                                not be considered to be 
                                inadmissible under any 
                                provision of this subsection 
                                based on such representation.
                          (iii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (i).
                  (D) Stowaways.--Any alien who is a stowaway 
                is inadmissible.
                  (E) Smugglers.--
                          (i) In general.--Any alien who at any 
                        time knowingly has encouraged, induced, 
                        assisted, abetted, or aided any other 
                        alien to enter or to try to enter the 
                        United States in violation of law is 
                        inadmissible.
                          (ii) Special rule in the case of 
                        family reunification.--Clause (i) shall 
                        not apply in the case of alien who is 
                        an eligible immigrant (as defined in 
                        section 301(b)(1) of the Immigration 
                        Act of 1990), was physically present in 
                        the United States on May 5, 1988, and 
                        is seeking admission as an immediate 
                        relative or under section 203(a)(2) 
                        (including under section 112 of the 
                        Immigration Act of 1990) or benefits 
                        under section 301(a) of the Immigration 
                        Act of 1990 if the alien, before May 5, 
                        1988, has encouraged, induced, 
                        assisted, abetted, or aided only the 
                        alien's spouse, parent, son, or 
                        daughter (and no other individual) to 
                        enter the United States in violation of 
                        law.
                          (iii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (d)(11).
                  (F) Subject of civil penalty.--
                          (i) In general.--An alien who is the 
                        subject of a final order for violation 
                        of section 274C is inadmissible.
                          (ii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (d)(12).
                  (G) Student visa abusers.--An alien who 
                obtains the status of a nonimmigrant under 
                section 101(a)(15)(F)(i) and who violates a 
                term or condition of such status under section 
                214(l) is inadmissible until the alien has been 
                outside the United States for a continuous 
                period of 5 years after the date of the 
                violation.
          (7) Documentation requirements.--
                  (A) Immigrants.--
                          (i) In general.--Except as otherwise 
                        specifically provided in this Act, any 
                        immigrant at the time of application 
                        for admission--
                                  (I) who is not in possession 
                                of a valid unexpired immigrant 
                                visa, reentry permit, border 
                                crossing identification card, 
                                or other valid entry document 
                                required by this Act, and a 
                                valid unexpired passport, or 
                                other suitable travel document, 
                                or document of identity and 
                                nationality if such document is 
                                required under the regulations 
                                issued by the Attorney General 
                                under section 211(a), or
                                  (II) whose visa has been 
                                issued without compliance with 
                                the provisions of section 203,
                        is inadmissible.
                          (ii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (k).
                  (B) Nonimmigrants.--
                          (i) In general.--Any nonimmigrant 
                        who--
                                  (I) is not in possession of a 
                                passport valid for a minimum of 
                                six months from the date of the 
                                expiration of the initial 
                                period of the alien's admission 
                                or contemplated initial period 
                                of stay authorizing the alien 
                                to return to the country from 
                                which the alien came or to 
                                proceed to and enter some other 
                                country during such period, or
                                  (II) is not in possession of 
                                a valid nonimmigrant visa or 
                                border crossing identification 
                                card at the time of application 
                                for admission,
                        is inadmissible.
                          (ii) General waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (d)(4).
                          (iii) Guam and northern mariana 
                        islands visa waiver.--For provision 
                        authorizing waiver of clause (i) in the 
                        case of visitors to Guam or the 
                        Commonwealth of the Northern Mariana 
                        Islands, see subsection (l).
                          (iv) Visa waiver program.--For 
                        authority to waive the requirement of 
                        clause (i) under a program, see section 
                        217.
          (8) Ineligible for citizenship.--
                  (A) In general.--Any immigrant who is 
                permanently ineligible to citizenship is 
                inadmissible.
                  (B) Draft evaders.--Any person who has 
                departed from or who has remained outside the 
                United States to avoid or evade training or 
                service in the armed forces in time of war or a 
                period declared by the President to be a 
                national emergency is inadmissible, except that 
                this subparagraph shall not apply to an alien 
                who at the time of such departure was a 
                nonimmigrant and who is seeking to reenter the 
                United States as a nonimmigrant.
          (9) Aliens previously removed.--
                  (A) Certain aliens previously removed.--
                          (i) Arriving aliens.--Any alien who 
                        has been ordered removed under section 
                        235(b)(1) or at the end of proceedings 
                        under section 240 initiated upon the 
                        alien'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 an alien convicted of an 
                        aggravated felony) is inadmissible.
                          (ii) Other aliens.--Any alien not 
                        described in clause (i) who--
                                  (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,
                        and who seeks admission within 10 years 
                        of the date of such alien'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 an alien convicted of an 
                        aggravated felony) is inadmissible.
                          (iii) Exception.--Clauses (i) and 
                        (ii) shall not apply to an alien 
                        seeking admission within a period if, 
                        prior to the date of the alien's 
                        reembarkation at a place outside the 
                        United States or attempt to be admitted 
                        from foreign contiguous territory, the 
                        Attorney General has consented to the 
                        alien's reapplying for admission.
                  (B) Aliens unlawfully present.--
                          (i) In general.--Any alien (other 
                        than an alien lawfully admitted for 
                        permanent residence) who--
                                  (I) was unlawfully present in 
                                the United States for a period 
                                of more than 180 days but less 
                                than 1 year, voluntarily 
                                departed the United States 
                                (whether or not pursuant to 
                                section 244(e)) prior to the 
                                commencement of proceedings 
                                under section 235(b)(1) or 
                                section 240, and again seeks 
                                admission within 3 years of the 
                                date of such alien's departure 
                                or removal, or
                                  (II) has been unlawfully 
                                present in the United States 
                                for one year or more, and who 
                                again seeks admission within 10 
                                years of the date of such 
                                alien's departure or removal 
                                from the United States,
                        is inadmissible.
                          (ii) Construction of unlawful 
                        presence.--For purposes of this 
                        paragraph, an alien is deemed to be 
                        unlawfully present in the United States 
                        if the alien is present in the United 
                        States after the expiration of the 
                        period of stay authorized by the 
                        Attorney General or is present in the 
                        United States without being admitted or 
                        paroled.
                          (iii) Exceptions.--
                                  (I) Minors.--No period of 
                                time in which an alien is under 
                                18 years of age shall be taken 
                                into account in determining the 
                                period of unlawful presence in 
                                the United States under clause 
                                (i).
                                  (II) Asylees.--No period of 
                                time in which an alien has a 
                                bona fide application for 
                                asylum pending under section 
                                208 shall be taken into account 
                                in determining the period of 
                                unlawful presence in the United 
                                States under clause (i) unless 
                                the alien during such period 
                                was employed without 
                                authorization in the United 
                                States.
                                  (III) Family unity.--No 
                                period of time in which the 
                                alien is a beneficiary of 
                                family unity protection 
                                pursuant to section 301 of the 
                                Immigration Act of 1990 shall 
                                be taken into account in 
                                determining the period of 
                                unlawful presence in the United 
                                States under clause (i).
                                  (IV) Battered women and 
                                children.--Clause (i) shall not 
                                apply to an alien who would be 
                                described in paragraph 
                                (6)(A)(ii) if ``violation of 
                                the terms of the alien's 
                                nonimmigrant visa'' were 
                                substituted for ``unlawful 
                                entry into the United States'' 
                                in subclause (III) of that 
                                paragraph.
                  (V) Victims of a severe form of trafficking 
                in persons.--Clause (i) shall not apply to an 
                alien who demonstrates that the severe form of 
                trafficking (as that term is defined in section 
                103 of the Trafficking Victims Protection Act 
                of 2000 (22 U.S.C. 7102)) was at least one 
                central reason for the alien's unlawful 
                presence in the United States.
                          (iv) Tolling for good cause.--In the 
                        case of an alien who--
                                  (I) has been lawfully 
                                admitted or paroled into the 
                                United States,
                                  (II) has filed a nonfrivolous 
                                application for a change or 
                                extension of status before the 
                                date of expiration of the 
                                period of stay authorized by 
                                the Attorney General, and
                                  (III) has not been employed 
                                without authorization in the 
                                United States before or during 
                                the pendency of such 
                                application,
                        the calculation of the period of time 
                        specified in clause (i)(I) shall be 
                        tolled during the pendency of such 
                        application, but not to exceed 120 
                        days.
                          (v) Waiver.--The Attorney General has 
                        sole discretion to waive clause (i) in 
                        the case of an immigrant who is the 
                        spouse or son or daughter of a United 
                        States citizen or of an alien lawfully 
                        admitted for permanent residence, if it 
                        is established to the satisfaction of 
                        the Attorney General that the refusal 
                        of admission to such immigrant alien 
                        would result in extreme hardship to the 
                        citizen or lawfully resident spouse or 
                        parent of such alien. No court shall 
                        have jurisdiction to review a decision 
                        or action by the Attorney General 
                        regarding a waiver under this clause.
                  (C) Aliens unlawfully present after previous 
                immigration violations.--
                          (i) In general.--Any alien who--
                                  (I) has been unlawfully 
                                present in the United States 
                                for an aggregate period of more 
                                than 1 year, or
                                  (II) has been ordered removed 
                                under section 235(b)(1), 
                                section 240, or any other 
                                provision of law,
                        and who enters or attempts to reenter 
                        the United States without being 
                        admitted is inadmissible.
                          (ii) Exception.--Clause (i) shall not 
                        apply to an alien seeking admission 
                        more than 10 years after the date of 
                        the alien's last departure from the 
                        United States if, prior to the alien's 
                        reembarkation at a place outside the 
                        United States or attempt to be 
                        readmitted from a foreign contiguous 
                        territory, the Secretary of Homeland 
                        Security has consented to the alien's 
                        reapplying for admission.
                          (iii) Waiver.--The Secretary of 
                        Homeland Security may waive the 
                        application of clause (i) in the case 
                        of an alien who is a VAWA self-
                        petitioner if there is a connection 
                        between--
                                  (I) the alien's battering or 
                                subjection to extreme cruelty; 
                                and
                                  (II) the alien's removal, 
                                departure from the United 
                                States, reentry or reentries 
                                into the United States; or 
                                attempted reentry into the 
                                United States.
          (10) Miscellaneous.--
                  (A) Practicing polygamists.--Any immigrant 
                who is coming to the United States to practice 
                polygamy is inadmissible.
                  (B) Guardian required to accompany helpless 
                alien.--Any alien--
                          (i) who is accompanying another alien 
                        who is inadmissible and who is 
                        certified to be helpless from sickness, 
                        mental or physical disability, or 
                        infancy pursuant to section 232(c), and
                          (ii) whose protection or guardianship 
                        is determined to be required by the 
                        alien described in clause (i),
                is inadmissible.
                  (C) International child abduction.--
                          (i) In general.--Except as provided 
                        in clause (ii), any alien who, after 
                        entry of an order by a court in the 
                        United States granting custody to a 
                        person of a United States citizen child 
                        who detains or retains the child, or 
                        withholds custody of the child, outside 
                        the United States from the person 
                        granted custody by that order, is 
                        inadmissible until the child is 
                        surrendered to the person granted 
                        custody by that order.
                          (ii) Aliens supporting abductors and 
                        relatives of abductors.--Any alien 
                        who--
                                  (I) is known by the Secretary 
                                of State to have intentionally 
                                assisted an alien in the 
                                conduct described in clause 
                                (i),
                                  (II) is known by the 
                                Secretary of State to be 
                                intentionally providing 
                                material support or safe haven 
                                to an alien described in clause 
                                (i), or
                                  (III) is a spouse (other than 
                                the spouse who is the parent of 
                                the abducted child), child 
                                (other than the abducted 
                                child), parent, sibling, or 
                                agent of an alien described in 
                                clause (i), if such person has 
                                been designated by the 
                                Secretary of State at the 
                                Secretary's sole and 
                                unreviewable discretion, is 
                                inadmissible until the child 
                                described in clause (i) is 
                                surrendered to the person 
                                granted custody by the order 
                                described in that clause, and 
                                such person and child are 
                                permitted to return to the 
                                United States or such person's 
                                place of residence.
                          (iii) Exceptions.--Clauses (i) and 
                        (ii) shall not apply--
                                  (I) to a government official 
                                of the United States who is 
                                acting within the scope of his 
                                or her official duties;
                                  (II) to a government official 
                                of any foreign government if 
                                the official has been 
                                designated by the Secretary of 
                                State at the Secretary's sole 
                                and unreviewable discretion; or
                                  (III) so long as the child is 
                                located in a foreign state that 
                                is a party to the Convention on 
                                the Civil Aspects of 
                                International Child Abduction, 
                                done at The Hague on October 
                                25, 1980.
                  (D) Unlawful voters.--
                          (i) In general.--Any alien who has 
                        voted in violation of any Federal, 
                        State, or local constitutional 
                        provision, statute, ordinance, or 
                        regulation is inadmissible.
                          (ii) Exception.--In the case of an 
                        alien who voted in a Federal, State, or 
                        local election (including an 
                        initiative, recall, or referendum) in 
                        violation of a lawful restriction of 
                        voting to citizens, if each natural 
                        parent of the alien (or, in the case of 
                        an adopted alien, each adoptive parent 
                        of the alien) is or was a citizen 
                        (whether by birth or naturalization), 
                        the alien permanently resided in the 
                        United States prior to attaining the 
                        age of 16, and the alien reasonably 
                        believed at the time of such violation 
                        that he or she was a citizen, the alien 
                        shall not be considered to be 
                        inadmissible under any provision of 
                        this subsection based on such 
                        violation.
                  (E) Former citizens who renounced citizenship 
                to avoid taxation.--Any alien who is a former 
                citizen of the United States who officially 
                renounces United States citizenship and who is 
                determined by the Attorney General to have 
                renounced United States citizenship for the 
                purpose of avoiding taxation by the United 
                States is inadmissible.
  (b) Notices of Denials.--
          (1) Subject to paragraphs (2) and (3), if an alien's 
        application for a visa, for admission to the United 
        States, or for adjustment of status is denied by an 
        immigration or consular officer because the officer 
        determines the alien to be inadmissible under 
        subsection (a), the officer shall provide the alien 
        with a timely written notice that--
                  (A) states the determination, and
                  (B) lists the specific provision or 
                provisions of law under which the alien is 
                excludable or ineligible for entry or 
                adjustment of status.
          (2) The Secretary of State may waive the requirements 
        of paragraph (1) with respect to a particular alien or 
        any class or classes of inadmissible aliens.
          (3) Paragraph (1) does not apply to any alien 
        inadmissible under paragraph (2) or (3) of subsection 
        (a).
  (d)(1) The Attorney General shall determine whether a ground 
for inadmissible exists with respect to a nonimmigrant 
described in section 101(a)(15)(S). The Attorney General, in 
the Attorney General's discretion, may waive the application of 
subsection (a) (other than paragraph (3)(E)) in the case of a 
nonimmigrant described in section 101(a)(15)(S), if the 
Attorney General considers it to be in the national interest to 
do so. Nothing in this section shall be regarded as prohibiting 
the Immigration and Naturalization Service from instituting 
removal proceedings against an alien admitted as a nonimmigrant 
under section 101(a)(15)(S) for conduct committed after the 
alien's admission into the United States, or for conduct or a 
condition that was not disclosed to the Attorney General prior 
to the alien's admission as a nonimmigrant under section 
101(a)(15)(S).
  (3)(A) Except as provided in this subsection, an alien (i) 
who is applying for a nonimmigrant visa and is known or 
believed by the consular officer to be ineligible for such visa 
under subsection (a) (other than paragraphs (3)(A)(i)(I), 
(3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of 
paragraph (3)(E) of such subsection), may, after approval by 
the Attorney General of a recommendation by the Secretary of 
State or by the consular officer that the alien be admitted 
temporarily despite his inadmissibility, be granted such a visa 
and may be admitted into the United States temporarily as a 
nonimmigrant in the discretion of the Attorney General, or (ii) 
who is inadmissible under subsection (a) (other than paragraphs 
(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) 
and (ii) of paragraph (3)(E) of such subsection), but who is in 
possession of appropriate documents or is granted a waiver 
thereof and is seeking admission, may be admitted into the 
United States temporarily as a nonimmigrant in the discretion 
of the Attorney General. The Attorney General shall prescribe 
conditions, including exaction of such bonds as may be 
necessary, to control and regulate the admission and return of 
inadmissible aliens applying for temporary admission under this 
paragraph.
  (B)(i) The Secretary of State, after consultation with the 
Attorney General and the Secretary of Homeland Security, or the 
Secretary of Homeland Security, after consultation with the 
Secretary of State and the Attorney General, may determine in 
such Secretary's sole unreviewable discretion that subsection 
(a)(3)(B) shall not apply with respect to an alien within the 
scope of that subsection or that subsection (a)(3)(B)(vi)(III) 
shall not apply to a group within the scope of that subsection, 
except that no such waiver may be extended to an alien who is 
within the scope of subsection (a)(3)(B)(i)(II), no such waiver 
may be extended to an alien who is a member or representative 
of, has voluntarily and knowingly engaged in or endorsed or 
espoused or persuaded others to endorse or espouse or support 
terrorist activity on behalf of, or has voluntarily and 
knowingly received military-type training from a terrorist 
organization that is described in subclause (I) or (II) of 
subsection (a)(3)(B)(vi), and no such waiver may be extended to 
a group that has engaged terrorist activity against the United 
States or another democratic country or that has purposefully 
engaged in a pattern or practice of terrorist activity that is 
directed at civilians. Such a determination shall neither 
prejudice the ability of the United States Government to 
commence criminal or civil proceedings involving a beneficiary 
of such a determination or any other person, nor create any 
substantive or procedural right or benefit for a beneficiary of 
such a determination or any other person. Notwithstanding any 
other provision of law (statutory or nonstatutory), including 
section 2241 of title 28, or any other habeas corpus provision, 
and sections 1361 and 1651 of such title, no court shall have 
jurisdiction to review such a determination or revocation 
except in a proceeding for review of a final order of removal 
pursuant to section 1252 of this title, and review shall be 
limited to the extent provided in section 1252(a)(2)(D). The 
Secretary of State may not exercise the discretion provided in 
this clause with respect to an alien at any time during which 
the alien is the subject of pending removal proceedings under 
section 1229a of this title.
  (ii) Not later than 90 days after the end of each fiscal 
year, the Secretary of State and the Secretary of Homeland 
Security shall each provide to the Committees on the Judiciary 
of the House of Representatives and of the Senate, the 
Committee on International Relations of the House of 
Representatives, the Committee on Foreign Relations of the 
Senate, and the Committee on Homeland Security of the House of 
Representatives a report on the aliens to whom such Secretary 
has applied clause (i). Within one week of applying clause (i) 
to a group, the Secretary of State or the Secretary of Homeland 
Security shall provide a report to such Committees.
  (4) Either or both of the requirements of paragraph (7)(B)(i) 
of subsection (a) may be waived by the Attorney General and the 
Secretary of State acting jointly (A) on the basis of 
unforeseen emergency in individual cases, or (B) on the basis 
of reciprocity with respect to nationals of foreign contiguous 
territory or of adjacent islands and residents thereof having a 
common nationality with such nationals, or (C) in the case of 
aliens proceeding in immediate and continuous transit through 
the United States under contracts authorized in section 238(c).
  (5)(A) The Attorney General may, except as provided in 
subparagraph (B) or in section 214(f), in his discretion parole 
into the United States temporarily under such conditions as he 
may prescribe only on a case-by-case basis for urgent 
humanitarian reasons or significant public benefit any alien 
applying for admission to the United States, but such parole of 
such alien shall not be regarded as an admission of the alien 
and when the purposes of such parole shall, in the opinion of 
the Attorney General, have been served the alien shall 
forthwith return or be returned to the custody from which he 
was paroled and thereafter his case shall continue to be dealt 
with in the same manner as that of any other applicant for 
admission to the United States.
  (B) The Attorney General may not parole into the United 
States an alien who is a refugee unless the Attorney General 
determines that compelling reasons in the public interest with 
respect to that particular alien require that the alien be 
paroled into the United States rather than be admitted as a 
refugee under section 207.
  (7) The provisions of subsection (a) (other than paragraph 
(7)) shall be applicable to any alien who shall leave Guam, the 
Commonwealth of the Northern Mariana Islands, Puerto Rico, or 
the Virgin Islands of the United States, and who seeks to enter 
the continental United States or any other place under the 
jurisdiction of the United States. Any alien described in this 
paragraph, who is denied admission to the United States, shall 
be immediately removed in the manner provided by section 241(c) 
of this Act.
  (8) Upon a basis of reciprocity accredited officials of 
foreign governments, their immediate families, attendants, 
servants, and personal employees may be admitted in immediate 
and continuous transit through the United States without regard 
to the provisions of this section except paragraphs (3)(A), 
(3)(B), (3)(C), and (7)(B) of subsection (a) of this section.
  (11) The Attorney General may, in his discretion for 
humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest, waive application of clause 
(i) of subsection (a)(6)(E) in the case of any alien lawfully 
admitted for permanent residence who temporarily proceeded 
abroad voluntarily and not under an order of removal, and who 
is otherwise admissible to the United States as a returning 
resident under section 211(b) and in the case of an alien 
seeking admission or adjustment of status as an immediate 
relative or immigrant under section 203(a) (other than 
paragraph (4) thereof), if the alien has encouraged, induced, 
assisted, abetted, or aided only an individual who at the time 
of such action was the alien's spouse, parent, son, or daughter 
(and no other individual) to enter the United States in 
violation of law.
  (12) The Attorney General may, in the discretion of the 
Attorney General for humanitarian purposes or to assure family 
unity, waive application of clause (i) of subsection 
(a)(6)(F)--
          (A) in the case of an alien lawfully admitted for 
        permanent residence who temporarily proceeded abroad 
        voluntarily and not under an order of deportation or 
        removal and who is otherwise admissible to the United 
        States as a returning resident under section 211(b), 
        and
          (B) in the case of an alien seeking admission or 
        adjustment of status under section 201(b)(2)(A) or 
        under section 203(a),
if no previous civil money penalty was imposed against the 
alien under section 274C and the offense was committed solely 
to assist, aid, or support the alien's spouse or child (and not 
another individual). No court shall have jurisdiction to review 
a decision of the Attorney General to grant or deny a waiver 
under this paragraph.
  (13)(A) The Secretary of Homeland Security shall determine 
whether a ground for inadmissibility exists with respect to a 
nonimmigrant described in section 101(a)(15)(T), except that 
the ground for inadmissibility described in subsection (a)(4) 
shall not apply with respect to such a nonimmigrant.
  (B) In addition to any other waiver that may be available 
under this section, in the case of a nonimmigrant described in 
section 101(a)(15)(T), if the Secretary of Homeland Security 
considers it to be in the national interest to do so, the 
Secretary of Homeland Security, in the Attorney General's 
discretion, may waive the application of--
          (i) subsection (a)(1); and
          (ii) any other provision of subsection (a) (excluding 
        paragraphs (3), (4), (10)(C), and (10(E)) if the 
        activities rendering the alien inadmissible under the 
        provision were caused by, or were incident to, the 
        victimization described in section 101(a)(15)(T)(i)(I).
  (14) The Secretary of Homeland Security shall determine 
whether a ground of inadmissibility exists with respect to a 
nonimmigrant described in section 101(a)(15)(U). The Secretary 
of Homeland Security, in the Attorney General's discretion, may 
waive the application of subsection (a) (other than paragraph 
(3)(E)) in the case of a nonimmigrant described in section 
101(a)(15)(U), if the Secretary of Homeland Security considers 
it to be in the public or national interest to do so.
  (e) No person admitted under section 101(a)(15)(J) or 
acquiring such status after admission (i) whose participation 
in the program for which he came to the United States was 
financed in whole or in part, directly or indirectly, by an 
agency of the Government of the United States or by the 
government of the country of his nationality or his last 
residence, (ii) who at the time of admission or acquisition of 
status under section 101(a)(15)(J) was a national or resident 
of a country which the Director of the United States 
Information Agency pursuant to regulations prescribed by him, 
had designated as clearly requiring the services of persons 
engaged in the field of specialized knowledge or skill in which 
the alien was engaged, or (iii) who came to the United States 
or acquired such status in order to receive graduate medical 
education or training, shall be eligible to apply for an 
immigrant visa, or for permanent residence, or for a 
nonimmigrant visa under section 101(a)(15)(H) or section 
101(a)(15)(L) until it is established that such person has 
resided and been physically present in the country of his 
nationality or his last residence for an aggregate of a least 
two years following departure from the United States: Provided, 
That upon the favorable recommendation of the Director, 
pursuant to the request of an interested United States 
Government agency (or, in the case of an alien described in 
clause (iii), pursuant to the request of a State Department of 
Public Health, or its equivalent), or of the Commissioner of 
Immigration and Naturalization after he has determined that 
departure from the United States would impose exceptional 
hardship upon the alien's spouse or child (if such spouse or 
child is a citizen of the United States or a lawfully resident 
alien), or that the alien cannot return to the country of his 
nationality or last residence because he would be subject to 
persecution on account of race, religion, or political opinion, 
the Attorney General may waive the requirement of such two-year 
foreign residence abroad in the case of any alien whose 
admission to the United States is found by the Attorney General 
to be in the public interest except that in the case of a 
waiver requested by a State Department of Public Health, or its 
equivalent, or in the case of a waiver requested by an 
interested United States Government agency on behalf of an 
alien described in clause (iii), the waiver shall be subject to 
the requirements of section 214(l): And provided further, That, 
except in the case of an alien described in clause (iii), the 
Attorney General may, upon the favorable recommendation of the 
Director, waive such two-year foreign residence requirement in 
any case in which the foreign country of the alien's 
nationality or last residence has furnished the Director a 
statement in writing that it has no objection to such waiver in 
the case of such alien.
  [(f) Whenever the President finds that the entry of any 
aliens or of any class of aliens into the United States would 
be detrimental to the interests of the United States, he may by 
proclamation, and for such period as he shall deem necessary, 
suspend the entry of all aliens or any class of aliens as 
immigrants or nonimmigrants, or impose on the entry of aliens 
any restrictions he may deem to be appropriate. Whenever the 
Attorney General finds that a commercial airline has failed to 
comply with regulations of the Attorney General 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 
Attorney General may suspend the entry of some or all aliens 
transported to the United States by such airline.]
  (f) Authority to Suspend or Restrict the Entry of a Class of 
Aliens.--
          (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 aliens or any 
        class of aliens 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 aliens or class 
                of aliens as immigrants or nonimmigrants; or
                  (B) impose any restrictions on the entry of 
                such aliens that the President deems 
                appropriate.
          (2) Limitations.--In carrying out paragraph (1), the 
        President, the Secretary of State, and the Secretary of 
        Homeland Security shall--
                  (A) only issue a suspension or restriction 
                when 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
                  (D) consider waivers to any class-based 
                restriction or suspension and apply a 
                rebuttable presumption in favor of granting 
                family-based and humanitarian waivers.
          (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 Congress that describes--
                          (i) the action taken pursuant to 
                        paragraph (1) and the specified 
                        objective of such action;
                          (ii) the estimated number of 
                        individuals who will be impacted by 
                        such action;
                          (iii) the constitutional and 
                        legislative authority under which such 
                        action took place; and
                          (iv) the circumstances necessitating 
                        such action, including how such action 
                        complies with paragraph (2), as well as 
                        any intelligence informing such 
                        actions.
                  (C) Termination.--If the briefing and report 
                described in subparagraph (B) are not provided 
                to Congress during the 48 hours that begin when 
                the President exercises the authority under 
                paragraph (1), the suspension or restriction 
                shall immediately terminate absent intervening 
                congressional action.
                  (D) Congressional committees.--The term 
                ``Congress'', as used in this paragraph, refers 
                to the Select Committee on Intelligence of the 
                Senate, the Committee on Foreign Relations of 
                the Senate, the Committee on the Judiciary of 
                the Senate, the Committee on Homeland Security 
                and Governmental Affairs of the Senate, the 
                Permanent Select Committee on Intelligence of 
                the House of Representatives, the Committee on 
                Foreign Affairs of the House of 
                Representatives, the Committee on the Judiciary 
                of the House of Representatives, and the 
                Committee on Homeland Security of the House of 
                Representatives.
          (4) Publication.--The Secretary of State and the 
        Secretary of Homeland Security shall publicly announce 
        and publish an unclassified version of the report 
        described in paragraph (3)(B) in the Federal Register.
          (5) 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.
          (6) Treatment of commercial airlines.--Whenever the 
        Secretary of Homeland Security finds that a commercial 
        airline has failed to comply with regulations of the 
        Secretary of Homeland Security 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 of Homeland Security may 
        suspend the entry of some or all aliens transported to 
        the United States by such airline.
          (7) Rule of construction.--Nothing in this section 
        may be construed as authorizing 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.
  (g) The Attorney General may waive the application of--
          (1) subsection (a)(1)(A)(i) in the case of any alien 
        who--
                  (A) is the spouse or the unmarried son or 
                daughter, or the minor unmarried lawfully 
                adopted child, of a United States citizen, or 
                of an alien lawfully admitted for permanent 
                residence, or of an alien who has been issued 
                an immigrant visa,
                  (B) has a son or daughter who is a United 
                States citizen, or an alien lawfully admitted 
                for permanent residence, or an alien who has 
                been issued an immigrant visa; or
                  (C) is a VAWA self-petitioner,
        in accordance with such terms, conditions, and 
        controls, if any, including the giving of bond, as the 
        Attorney General, in the discretion of the Attorney 
        General after consultation with the Secretary of Health 
        and Human Services, may by regulation prescribe;
          (2) subsection (a)(1)(A)(ii) in the case of any 
        alien--
                  (A) who receives vaccination against the 
                vaccine-preventable disease or diseases for 
                which the alien has failed to present 
                documentation of previous vaccination,
                  (B) for whom a civil surgeon, medical 
                officer, or panel physician (as those terms are 
                defined by section 34.2 of title 42 of the Code 
                of Federal Regulations) certifies, according to 
                such regulations as the Secretary of Health and 
                Human Services may prescribe, that such 
                vaccination would not be medically appropriate, 
                or
                  (C) under such circumstances as the Attorney 
                General provides by regulation, with respect to 
                whom the requirement of such a vaccination 
                would be contrary to the alien's religious 
                beliefs or moral convictions; or
          (3) subsection (a)(1)(A)(iii) in the case of any 
        alien, in accordance with such terms, conditions, and 
        controls, if any, including the giving of bond, as the 
        Attorney General, in the discretion of the Attorney 
        General after consultation with the Secretary of Health 
        and Human Services, may by regulation prescribe.
  (h) The Attorney General may, in his discretion, waive the 
application of subparagraphs (A)(i)(I), (B), (D), and (E) of 
subsection (a)(2) and subparagraph (A)(i)(II) of such 
subsection insofar as it relates to a single offense of simple 
possession of 30 grams or less of marijuana if--
          (1)(A) in the case of any immigrant it is established 
        to the satisfaction of the Attorney General that--
                  (i) the alien is inadmissible only under 
                subparagraph (D)(i) or (D)(ii) of such 
                subsection or the activities for which the 
                alien is inadmissible occurred more than 15 
                years before the date of the alien's 
                application for a visa, admission, or 
                adjustment of status,
                  (ii) the admission to the United States of 
                such alien would not be contrary to the 
                national welfare, safety, or security of the 
                United States, and
                  (iii) the alien has been rehabilitated; or
          (B) in the case of an immigrant who is the spouse, 
        parent, son, or daughter of a citizen of the United 
        States or an alien lawfully admitted for permanent 
        residence if it is established to the satisfaction of 
        the Attorney General that the alien's denial of 
        admission would result in extreme hardship to the 
        United States citizen or lawfully resident spouse, 
        parent, son, or daughter of such alien; or
                  (C) the alien is a VAWA self-petitioner; and
          (2) the Attorney General, in his discretion, and 
        pursuant to such terms, conditions and procedures as he 
        may by regulations prescribe, has consented to the 
        alien's applying or reapplying for a visa, for 
        admission to the United States, or adjustment of 
        status.
No waiver shall be provided under this subsection in the case 
of an alien who has been convicted of (or who has admitted 
committing acts that constitute) murder or criminal acts 
involving torture, or an attempt or conspiracy to commit murder 
or a criminal act involving torture. No waiver shall be granted 
under this subsection in the case of an alien who has 
previously been admitted to the United States as an alien 
lawfully admitted for permanent residence if either since the 
date of such admission the alien has been convicted of an 
aggravated felony or the alien has not lawfully resided 
continuously in the United States for a period of not less than 
7 years immediately preceding the date of initiation of 
proceedings to remove the alien from the United States. No 
court shall have jurisdiction to review a decision of the 
Attorney General to grant or deny a waiver under this 
subsection.
  (i)(1) The Attorney General may, in the discretion of the 
Attorney General, waive the application of clause (i) of 
subsection (a)(6)(C) in the case of an immigrant who is the 
spouse, son, or daughter of a United States citizen or of an 
alien lawfully admitted for permanent residence if it is 
established to the satisfaction of the Attorney General that 
the refusal of admission to the United States of such immigrant 
alien would result in extreme hardship to the citizen or 
lawfully resident spouse or parent of such an alien or, in the 
case of a VAWA self-petitioner, the alien demonstrates extreme 
hardship to the alien or the alien's United States citizen, 
lawful permanent resident, or qualified alien parent or child.
  (2) No court shall have jurisdiction to review a decision or 
action of the Attorney General regarding a waiver under 
paragraph (1).
  (j)(1) The additional requirements referred to in section 
101(a)(15)(J) for an alien who is coming to the United States 
under a program under which he will receive graduate medical 
education or training are as follows:
          (A) A school of medicine or of one of the other 
        health professions, which is accredited by a body or 
        bodies approved for the purpose by the Secretary of 
        Education, has agreed in writing to provide the 
        graduate medical education or training under the 
        program for which the alien is coming to the United 
        States or to assume responsibility for arranging for 
        the provision thereof by an appropriate public or 
        nonprofit private institution or agency, except that, 
        in the case of such an agreement by a school of 
        medicine, any one or more of its affiliated hospitals 
        which are to participate in the provision of the 
        graduate medical education or training must join in the 
        agreement.
          (B) Before making such agreement, the accredited 
        school has been satisfied that the alien (i) is a 
        graduate of a school of medicine which is accredited by 
        a body or bodies approved for the purpose by the 
        Secretary of Education (regardless of whether such 
        school of medicine is in the United States); or (ii)(I) 
        has passed parts I and II of the National Board of 
        Medical Examiners Examination (or an equivalent 
        examination as determined by the Secretary of Health 
        and Human Services), (II) has competency in oral and 
        written English, (III) will be able to adapt to the 
        educational and cultural environment in which he will 
        be receiving his education or training, and (IV) has 
        adequate prior education and training to participate 
        satisfactorily in the program for which he is coming to 
        the United States. For the purposes of this 
        subparagraph, an alien who is a graduate of a medical 
        school shall be considered to have passed parts I and 
        II of the National Board of Medical Examiners 
        examination if the alien was fully and permanently 
        licensed to practice medicine in a State on January 9, 
        1978, and was practicing medicine in a State on that 
        date.
          (C) The alien has made a commitment to return to the 
        country of his nationality or last residence upon 
        completion of the education or training for which he is 
        coming to the United States, and the government of the 
        country of his nationality or last residence has 
        provided a written assurance, satisfactory to the 
        Secretary of Health and Human Services, that there is a 
        need in that country for persons with the skills the 
        alien will acquire in such education or training.
          (D) The duration of the alien's participation in the 
        program of graduate medical education or training for 
        which the alien is coming to the United States is 
        limited to the time typically required to complete such 
        program, as determined by the Director of the United 
        States Information Agency at the time of the alien's 
        admission into the United States, based on criteria 
        which are established in coordination with the 
        Secretary of Health and Human Services and which take 
        into consideration the published requirements of the 
        medical specialty board which administers such 
        education or training program; except that--
                  (i) such duration is further limited to seven 
                years unless the alien has demonstrated to the 
                satisfaction of the Director that the country 
                to which the alien will return at the end of 
                such specialty education or training has an 
                exceptional need for an individual trained in 
                such specialty, and
                  (ii) the alien may, once and not later than 
                two years after the date the alien is admitted 
                to the United States as an exchange visitor or 
                acquires exchange visitor status, change the 
                alien's designated program of graduate medical 
                education or training if the Director approves 
                the change and if a commitment and written 
                assurance with respect to the alien's new 
                program have been provided in accordance with 
                subparagraph (C).
          (E) The alien furnishes the Attorney General each 
        year with an affidavit (in such form as the Attorney 
        General shall prescribe) that attests that the alien 
        (i) is in good standing in the program of graduate 
        medical education or training in which the alien is 
        participating, and (ii) will return to the country of 
        his nationality or last residence upon completion of 
        the education or training for which he came to the 
        United States.
  (2) An alien who is a graduate of a medical school and who is 
coming to the United States to perform services as a member of 
the medical profession may not be admitted as a nonimmigrant 
under section 101(a)(15)(H)(i)(b) unless--
          (A) the alien is coming pursuant to an invitation 
        from a public or nonprofit private educational or 
        research institution or agency in the United States to 
        teach or conduct research, or both, at or for such 
        institution or agency, or
          (B)(i) the alien has passed the Federation licensing 
        examination (administered by the Federation of State 
        Medical Boards of the United States) or an equivalent 
        examination as determined by the Secretary of Health 
        and Human Services, and
          (ii)(I) has competency in oral and written English or 
        (II) is a graduate of a school of medicine which is 
        accredited by a body or bodies approved for the purpose 
        by the Secretary of Education (regardless of whether 
        such school of medicine is in the United States).
  (3) The Director of the United States Information Agency 
annually shall transmit to the Congress a report on aliens who 
have submitted affidavits described in paragraph (1)(E), and 
shall include in such report the name and address of each such 
alien, the medical education or training program in which such 
alien is participating, and the status of such alien in that 
program.
  (k) Any alien, inadmissible from the United States under 
paragraph (5)(A) or (7)(A)(i) of subsection (a), who is in 
possession of an immigrant visa may, if otherwise admissible, 
be admitted in the discretion of the Attorney General if the 
Attorney General is satisfied that inadmissibility was not 
known to, and could not have been ascertained by the exercise 
of reasonable diligence by, the immigrant before the time of 
departure of the vessel or aircraft from the last port outside 
the United States and outside foreign contiguous territory or, 
in the case of an immigrant coming from foreign contiguous 
territory, before the time of the immigrant's application for 
admission.
  (l) Guam and Northern Mariana Islands Visa Waiver Program.--
          (1) In general.--The requirement of subsection 
        (a)(7)(B)(i) may be waived by the Secretary of Homeland 
        Security, in the case of an alien applying for 
        admission as a nonimmigrant visitor for business or 
        pleasure and solely for entry into and stay in Guam or 
        the Commonwealth of the Northern Mariana Islands for a 
        period not to exceed 45 days, if the Secretary of 
        Homeland Security, after consultation with the 
        Secretary of the Interior, the Secretary of State, the 
        Governor of Guam and the Governor of the Commonwealth 
        of the Northern Mariana Islands, determines that--
                  (A) an adequate arrival and departure control 
                system has been developed in Guam and the 
                Commonwealth of the Northern Mariana Islands; 
                and
                  (B) such a waiver does not represent a threat 
                to the welfare, safety, or security of the 
                United States or its territories and 
                commonwealths.
          (2) Alien waiver of rights.--An alien may not be 
        provided a waiver under this subsection unless the 
        alien has waived any right--
                  (A) to review or appeal under this Act an 
                immigration officer's determination as to the 
                admissibility of the alien at the port of entry 
                into Guam or the Commonwealth of the Northern 
                Mariana Islands; or
                  (B) to contest, other than on the basis of an 
                application for withholding of removal under 
                section 241(b)(3) of this Act or under the 
                Convention Against Torture, or an application 
                for asylum if permitted under section 208, any 
                action for removal of the alien.
          (3) Regulations.--All necessary regulations to 
        implement this subsection shall be promulgated by the 
        Secretary of Homeland Security, in consultation with 
        the Secretary of the Interior and the Secretary of 
        State, on or before the 180th day after the date of 
        enactment of the Consolidated Natural Resources Act of 
        2008. The promulgation of such regulations shall be 
        considered a foreign affairs function for purposes of 
        section 553(a) of title 5, United States Code. At a 
        minimum, such regulations should include, but not 
        necessarily be limited to--
                  (A) a listing of all countries whose 
                nationals may obtain the waiver also provided 
                by this subsection, except that such 
                regulations shall provide for a listing of any 
                country from which the Commonwealth has 
                received a significant economic benefit from 
                the number of visitors for pleasure within the 
                one-year period preceding the date of enactment 
                of the Consolidated Natural Resources Act of 
                2008, unless the Secretary of Homeland Security 
                determines that such country's inclusion on 
                such list would represent a threat to the 
                welfare, safety, or security of the United 
                States or its territories; and
                  (B) any bonding requirements for nationals of 
                some or all of those countries who may present 
                an increased risk of overstays or other 
                potential problems, if different from such 
                requirements otherwise provided by law for 
                nonimmigrant visitors.
          (4) Factors.--In determining whether to grant or 
        continue providing the waiver under this subsection to 
        nationals of any country, the Secretary of Homeland 
        Security, in consultation with the Secretary of the 
        Interior and the Secretary of State, shall consider all 
        factors that the Secretary deems relevant, including 
        electronic travel authorizations, procedures for 
        reporting lost and stolen passports, repatriation of 
        aliens, rates of refusal for nonimmigrant visitor 
        visas, overstays, exit systems, and information 
        exchange.
          (5) Suspension.--The Secretary of Homeland Security 
        shall monitor the admission of nonimmigrant visitors to 
        Guam and the Commonwealth of the Northern Mariana 
        Islands under this subsection. If the Secretary 
        determines that such admissions have resulted in an 
        unacceptable number of visitors from a country 
        remaining unlawfully in Guam or the Commonwealth of the 
        Northern Mariana Islands, unlawfully obtaining entry to 
        other parts of the United States, or seeking 
        withholding of removal or asylum, or that visitors from 
        a country pose a risk to law enforcement or security 
        interests of Guam or the Commonwealth of the Northern 
        Mariana Islands or of the United States (including the 
        interest in the enforcement of the immigration laws of 
        the United States), the Secretary shall suspend the 
        admission of nationals of such country under this 
        subsection. The Secretary of Homeland Security may in 
        the Secretary's discretion suspend the Guam and 
        Northern Mariana Islands visa waiver program at any 
        time, on a country-by-country basis, for other good 
        cause.
          (6) Addition of countries.--The Governor of Guam and 
        the Governor of the Commonwealth of the Northern 
        Mariana Islands may request the Secretary of the 
        Interior and the Secretary of Homeland Security to add 
        a particular country to the list of countries whose 
        nationals may obtain the waiver provided by this 
        subsection, and the Secretary of Homeland Security may 
        grant such request after consultation with the 
        Secretary of the Interior and the Secretary of State, 
        and may promulgate regulations with respect to the 
        inclusion of that country and any special requirements 
        the Secretary of Homeland Security, in the Secretary's 
        sole discretion, may impose prior to allowing nationals 
        of that country to obtain the waiver provided by this 
        subsection.
  (m)(1) The qualifications referred to in section 
101(a)(15)(H)(i)(c), with respect to an alien who is coming to 
the United States to perform nursing services for a facility, 
are that the alien--
          (A) has obtained a full and unrestricted license to 
        practice professional nursing in the country where the 
        alien obtained nursing education or has received 
        nursing education in the United States;
          (B) has passed an appropriate examination (recognized 
        in regulations promulgated in consultation with the 
        Secretary of Health and Human Services) or has a full 
        and unrestricted license under State law to practice 
        professional nursing in the State of intended 
        employment; and
          (C) is fully qualified and eligible under the laws 
        (including such temporary or interim licensing 
        requirements which authorize the nurse to be employed) 
        governing the place of intended employment to engage in 
        the practice of professional nursing as a registered 
        nurse immediately upon admission to the United States 
        and is authorized under such laws to be employed by the 
        facility.
  (2)(A) The attestation referred to in section 
101(a)(15)(H)(i)(c), with respect to a facility for which an 
alien will perform services, is an attestation as to the 
following:
          (i) The facility meets all the requirements of 
        paragraph (6).
          (ii) The employment of the alien will not adversely 
        affect the wages and working conditions of registered 
        nurses similarly employed.
          (iii) The alien employed by the facility will be paid 
        the wage rate for registered nurses similarly employed 
        by the facility.
          (iv) The facility has taken and is taking timely and 
        significant steps designed to recruit and retain 
        sufficient registered nurses who are United States 
        citizens or immigrants who are authorized to perform 
        nursing services, in order to remove as quickly as 
        reasonably possible the dependence of the facility on 
        nonimmigrant registered nurses.
          (v) There is not a strike or lockout in the course of 
        a labor dispute, the facility did not lay off and will 
        not lay off a registered nurse employed by the facility 
        within the period beginning 90 days before and ending 
        90 days after the date of filing of any visa petition, 
        and the employment of such an alien is not intended or 
        designed to influence an election for a bargaining 
        representative for registered nurses of the facility.
          (vi) At the time of the filing of the petition for 
        registered nurses under section 101(a)(15)(H)(i)(c), 
        notice of the filing has been provided by the facility 
        to the bargaining representative of the registered 
        nurses at the facility or, where there is no such 
        bargaining representative, notice of the filing has 
        been provided to the registered nurses employed at the 
        facility through posting in conspicuous locations.
          (vii) The facility will not, at any time, employ a 
        number of aliens issued visas or otherwise provided 
        nonimmigrant status under section 101(a)(15)(H)(i)(c) 
        that exceeds 33 percent of the total number of 
        registered nurses employed by the facility.
          (viii) The facility will not, with respect to any 
        alien issued a visa or otherwise provided nonimmigrant 
        status under section 101(a)(15)(H)(i)(c)--
                  (I) authorize the alien to perform nursing 
                services at any worksite other than a worksite 
                controlled by the facility; or
                  (II) transfer the place of employment of the 
                alien from one worksite to another.
        Nothing in clause (iv) shall be construed as requiring 
        a facility to have taken significant steps described in 
        such clause before the date of the enactment of the 
        Nursing Relief for Disadvantaged Areas Act of 1999. A 
        copy of the attestation shall be provided, within 30 
        days of the date of filing, to registered nurses 
        employed at the facility on the date of filing.
  (B) For purposes of subparagraph (A)(iv), each of the 
following shall be considered a significant step reasonably 
designed to recruit and retain registered nurses:
          (i) Operating a training program for registered 
        nurses at the facility or financing (or providing 
        participation in) a training program for registered 
        nurses elsewhere.
          (ii) Providing career development programs and other 
        methods of facilitating health care workers to become 
        registered nurses.
          (iii) Paying registered nurses wages at a rate higher 
        than currently being paid to registered nurses 
        similarly employed in the geographic area.
          (iv) Providing reasonable opportunities for 
        meaningful salary advancement by registered nurses.
The steps described in this subparagraph shall not be 
considered to be an exclusive list of the significant steps 
that may be taken to meet the conditions of subparagraph 
(A)(iv). Nothing in this subparagraph shall require a facility 
to take more than one step if the facility can demonstrate that 
taking a second step is not reasonable.
  (C) Subject to subparagraph (E), an attestation under 
subparagraph (A)--
          (i) shall expire on the date that is the later of--
                  (I) the end of the one-year period beginning 
                on the date of its filing with the Secretary of 
                Labor; or
                  (II) the end of the period of admission under 
                section 101(a)(15)(H)(i)(c) of the last alien 
                with respect to whose admission it was applied 
                (in accordance with clause (ii)); and
          (ii) shall apply to petitions filed during the one-
        year period beginning on the date of its filing with 
        the Secretary of Labor if the facility states in each 
        such petition that it continues to comply with the 
        conditions in the attestation.
  (D) A facility may meet the requirements under this paragraph 
with respect to more than one registered nurse in a single 
petition.
  (E)(i) The Secretary of Labor shall compile and make 
available for public examination in a timely manner in 
Washington, D.C., a list identifying facilities which have 
filed petitions for nonimmigrants under section 
101(a)(15)(H)(i)(c) and, for each such facility, a copy of the 
facility's attestation under subparagraph (A) (and accompanying 
documentation) and each such petition filed by the facility.
  (ii) The Secretary of Labor shall establish a process, 
including reasonable time limits, for the receipt, 
investigation, and disposition of complaints respecting a 
facility's failure to meet conditions attested to or a 
facility's misrepresentation of a material fact in an 
attestation. Complaints may be filed by any aggrieved person or 
organization (including bargaining representatives, 
associations deemed appropriate by the Secretary, and other 
aggrieved parties as determined under regulations of the 
Secretary). The Secretary shall conduct an investigation under 
this clause if there is reasonable cause to believe that a 
facility fails to meet conditions attested to. Subject to the 
time limits established under this clause, this subparagraph 
shall apply regardless of whether an attestation is expired or 
unexpired at the time a complaint is filed.
  (iii) Under such process, the Secretary shall provide, within 
180 days after the date such a complaint is filed, for a 
determination as to whether or not a basis exists to make a 
finding described in clause (iv). If the Secretary determines 
that such a basis exists, the Secretary shall provide for 
notice of such determination to the interested parties and an 
opportunity for a hearing on the complaint within 60 days of 
the date of the determination.
  (iv) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that a facility (for which an 
attestation is made) has failed to meet a condition attested to 
or that there was a misrepresentation of material fact in the 
attestation, the Secretary shall notify the Attorney General of 
such finding and may, in addition, impose such other 
administrative remedies (including civil monetary penalties in 
an amount not to exceed $1,000 per nurse per violation, with 
the total penalty not to exceed $10,000 per violation) as the 
Secretary determines to be appropriate. Upon receipt of such 
notice, the Attorney General shall not approve petitions filed 
with respect to a facility during a period of at least one year 
for nurses to be employed by the facility.
  (v) In addition to the sanctions provided for under clause 
(iv), if the Secretary of Labor finds, after notice and an 
opportunity for a hearing, that a facility has violated the 
condition attested to under subparagraph (A)(iii) (relating to 
payment of registered nurses at the prevailing wage rate), the 
Secretary shall order the facility to provide for payment of 
such amounts of back pay as may be required to comply with such 
condition.
  (F)(i) The Secretary of Labor shall impose on a facility 
filing an attestation under subparagraph (A) a filing fee, in 
an amount prescribed by the Secretary based on the costs of 
carrying out the Secretary's duties under this subsection, but 
not exceeding $250.
  (ii) Fees collected under this subparagraph shall be 
deposited in a fund established for this purpose in the 
Treasury of the United States.
  (iii) The collected fees in the fund shall be available to 
the Secretary of Labor, to the extent and in such amounts as 
may be provided in appropriations Acts, to cover the costs 
described in clause (i), in addition to any other funds that 
are available to the Secretary to cover such costs.
  (3) The period of admission of an alien under section 
101(a)(15)(H)(i)(c) shall be 3 years.
  (4) The total number of nonimmigrant visas issued pursuant to 
petitions granted under section 101(a)(15)(H)(i)(c) in each 
fiscal year shall not exceed 500. The number of such visas 
issued for employment in each State in each fiscal year shall 
not exceed the following:
          (A) For States with populations of less than 
        9,000,000, based upon the 1990 decennial census of 
        population, 25 visas.
          (B) For States with populations of 9,000,000 or more, 
        based upon the 1990 decennial census of population, 50 
        visas.
          (C) If the total number of visas available under this 
        paragraph for a fiscal year quarter exceeds the number 
        of qualified nonimmigrants who may be issued such visas 
        during those quarters, the visas made available under 
        this paragraph shall be issued without regard to the 
        numerical limitation under subparagraph (A) or (B) of 
        this paragraph during the last fiscal year quarter.
  (5) A facility that has filed a petition under section 
101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform nursing 
services for the facility--
          (A) shall provide the nonimmigrant a wage rate and 
        working conditions commensurate with those of nurses 
        similarly employed by the facility;
          (B) shall require the nonimmigrant to work hours 
        commensurate with those of nurses similarly employed by 
        the facility; and
          (C) shall not interfere with the right of the 
        nonimmigrant to join or organize a union.
  (6) For purposes of this subsection and section 
101(a)(15)(H)(i)(c), the term ``facility'' means a subsection 
(d) hospital (as defined in section 1886(d)(1)(B) of the Social 
Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the 
following requirements:
          (A) As of March 31, 1997, the hospital was located in 
        a health professional shortage area (as defined in 
        section 332 of the Public Health Service Act (42 U.S.C. 
        254e)).
          (B) Based on its settled cost report filed under 
        title XVIII of the Social Security Act for its cost 
        reporting period beginning during fiscal year 1994--
                  (i) the hospital has not less than 190 
                licensed acute care beds;
                  (ii) the number of the hospital's inpatient 
                days for such period which were made up of 
                patients who (for such days) were entitled to 
                benefits under part A of such title is not less 
                than 35 percent of the total number of such 
                hospital's acute care inpatient days for such 
                period; and
                  (iii) the number of the hospital's inpatient 
                days for such period which were made up of 
                patients who (for such days) were eligible for 
                medical assistance under a State plan approved 
                under title XIX of the Social Security Act, is 
                not less than 28 percent of the total number of 
                such hospital's acute care inpatient days for 
                such period.
          (7) For purposes of paragraph (2)(A)(v), the term 
        ``lay off'', with respect to a worker--
                  (A) means to cause the worker's loss of 
                employment, other than through a discharge for 
                inadequate performance, violation of workplace 
                rules, cause, voluntary departure, voluntary 
                retirement, or the expiration of a grant or 
                contract; but
                  (B) does not include any situation in which 
                the worker is offered, as an alternative to 
                such loss of employment, a similar employment 
                opportunity with the same employer at 
                equivalent or higher compensation and benefits 
                than the position from which the employee was 
                discharged, regardless of whether or not the 
                employee accepts the offer.
        Nothing in this paragraph is intended to limit an 
        employee's or an employer's rights under a collective 
        bargaining agreement or other employment contract.
  (n)(1) No alien may be admitted or provided status as an H-1B 
nonimmigrant in an occupational classification unless the 
employer has filed with the Secretary of Labor an application 
stating the following:
          (A) The employer--
                  (i) is offering and will offer during the 
                period of authorized employment to aliens 
                admitted or provided status as an H-1B 
                nonimmigrant wages that are at least--
                          (I) the actual wage level paid by the 
                        employer to all other individuals with 
                        similar experience and qualifications 
                        for the specific employment in 
                        question, or
                          (II) the prevailing wage level for 
                        the occupational classification in the 
                        area of employment,
                whichever is greater, based on the best 
                information available as of the time of filing 
                the application, and
                  (ii) will provide working conditions for such 
                a nonimmigrant that will not adversely affect 
                the working conditions of workers similarly 
                employed.
          (B) There is not a strike or lockout in the course of 
        a labor dispute in the occupational classification at 
        the place of employment.
          (C) The employer, at the time of filing the 
        application--
                  (i) has provided notice of the filing under 
                this paragraph to the bargaining representative 
                (if any) of the employer's employees in the 
                occupational classification and area for which 
                aliens are sought, or
                  (ii) if there is no such bargaining 
                representative, has provided notice of filing 
                in the occupational classification through such 
                methods as physical posting in conspicuous 
                locations at the place of employment or 
                electronic notification to employees in the 
                occupational classification for which H-1B 
                nonimmigrants are sought.
          (D) The application shall contain a specification of 
        the number of workers sought, the occupational 
        classification in which the workers will be employed, 
        and wage rate and conditions under which they will be 
        employed.
          (E)(i) In the case of an application described in 
        clause (ii), the employer did not displace and will not 
        displace a United States worker (as defined in 
        paragraph (4)) employed by the employer within the 
        period beginning 90 days before and ending 90 days 
        after the date of filing of any visa petition supported 
        by the application.
          (ii) An application described in this clause is an 
        application filed on or after the date final 
        regulations are first promulgated to carry out this 
        subparagraph, and before by an H-1B-dependent employer 
        (as defined in paragraph (3)) or by an employer that 
        has been found, on or after the date of the enactment 
        of the American Competitiveness and Workforce 
        Improvement Act of 1998, under paragraph (2)(C) or (5) 
        to have committed a willful failure or 
        misrepresentation during the 5-year period preceding 
        the filing of the application. An application is not 
        described in this clause if the only H-1B nonimmigrants 
        sought in the application are exempt H-1B 
        nonimmigrants.
          (F) In the case of an application described in 
        subparagraph (E)(ii), the employer will not place the 
        nonimmigrant with another employer (regardless of 
        whether or not such other employer is an H-1B-dependent 
        employer) where--
                  (i) the nonimmigrant performs duties in whole 
                or in part at one or more worksites owned, 
                operated, or controlled by such other employer; 
                and
                  (ii) there are indicia of an employment 
                relationship between the nonimmigrant and such 
                other employer;
        unless the employer has inquired of the other employer 
        as to whether, and has no knowledge that, within the 
        period beginning 90 days before and ending 90 days 
        after the date of the placement of the nonimmigrant 
        with the other employer, the other employer has 
        displaced or intends to displace a United States worker 
        employed by the other employer.
          (G)(i) In the case of an application described in 
        subparagraph (E)(ii), subject to clause (ii), the 
        employer, prior to filing the application--
                  (I) has taken good faith steps to recruit, in 
                the United States using procedures that meet 
                industry-wide standards and offering 
                compensation that is at least as great as that 
                required to be offered to H-1B nonimmigrants 
                under subparagraph (A), United States workers 
                for the job for which the nonimmigrant or 
                nonimmigrants is or are sought; and
                  (II) has offered the job to any United States 
                worker who applies and is equally or better 
                qualified for the job for which the 
                nonimmigrant or nonimmigrants is or are sought.
          (ii) The conditions described in clause (i) shall not 
        apply to an application filed with respect to the 
        employment of an H-1B nonimmigrant who is described in 
        subparagraph (A), (B), or (C) of section 203(b)(1).
The employer shall make available for public examination, 
within one working day after the date on which an application 
under this paragraph is filed, at the employer's principal 
place of business or worksite, a copy of each such application 
(and such accompanying documents as are necessary). The 
Secretary shall compile, on a current basis, a list (by 
employer and by occupational classification) of the 
applications filed under this subsection. Such list shall 
include the wage rate, number of aliens sought, period of 
intended employment, and date of need. The Secretary shall make 
such list available for public examination in Washington, D.C. 
The Secretary of Labor shall review such an application only 
for completeness and obvious inaccuracies. Unless the Secretary 
finds that the application is incomplete or obviously 
inaccurate, the Secretary shall provide the certification 
described in section 101(a)(15)(H)(i)(b) within 7 days of the 
date of the filing of the application. The application form 
shall include a clear statement explaining the liability under 
subparagraph (F) of a placing employer if the other employer 
described in such subparagraph displaces a United States worker 
as described in such subparagraph. Nothing in subparagraph (G) 
shall be construed to prohibit an employer from using 
legitimate selection criteria relevant to the job that are 
normal or customary to the type of job involved, so long as 
such criteria are not applied in a discriminatory manner.
  (2)(A) Subject to paragraph (5)(A), the Secretary shall 
establish a process for the receipt, investigation, and 
disposition of complaints respecting a petitioner's failure to 
meet a condition specified in an application submitted under 
paragraph (1) or a petitioner's misrepresentation of material 
facts in such an application. Complaints may be filed by any 
aggrieved person or organization (including bargaining 
representatives). No investigation or hearing shall be 
conducted on a complaint concerning such a failure or 
misrepresentation unless the complaint was filed not later than 
12 months after the date of the failure or misrepresentation, 
respectively. The Secretary shall conduct an investigation 
under this paragraph if there is reasonable cause to believe 
that such a failure or misrepresentation has occurred.
  (B) Under such process, the Secretary shall provide, within 
30 days after the date such a complaint is filed, for a 
determination as to whether or not a reasonable basis exists to 
make a finding described in subparagraph (C). If the Secretary 
determines that such a reasonable basis exists, the Secretary 
shall provide for notice of such determination to the 
interested parties and an opportunity for a hearing on the 
complaint, in accordance with section 556 of title 5, United 
States Code, within 60 days after the date of the 
determination. If such a hearing is requested, the Secretary 
shall make a finding concerning the matter by not later than 60 
days after the date of the hearing. In the case of similar 
complaints respecting the same applicant, the Secretary may 
consolidate the hearings under this subparagraph on such 
complaints.
  (C)(i) If the Secretary finds, after notice and opportunity 
for a hearing, a failure to meet a condition of paragraph 
(1)(B), (1)(E), or (1)(F), a substantial failure to meet a 
condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I), or a 
misrepresentation of material fact in an application--
          (I) the Secretary shall notify the Attorney General 
        of such finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $1,000 per 
        violation) as the Secretary determines to be 
        appropriate; and
          (II) the Attorney General shall not approve petitions 
        filed with respect to that employer under section 204 
        or 214(c) during a period of at least 1 year for aliens 
        to be employed by the employer.
  (ii) If the Secretary finds, after notice and opportunity for 
a hearing, a willful failure to meet a condition of paragraph 
(1), a willful misrepresentation of material fact in an 
application, or a violation of clause (iv)--
          (I) the Secretary shall notify the Attorney General 
        of such finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $5,000 per 
        violation) as the Secretary determines to be 
        appropriate; and
          (II) the Attorney General shall not approve petitions 
        filed with respect to that employer under section 204 
        or 214(c) during a period of at least 2 years for 
        aliens to be employed by the employer.
  (iii) If the Secretary finds, after notice and opportunity 
for a hearing, a willful failure to meet a condition of 
paragraph (1) or a willful misrepresentation of material fact 
in an application, in the course of which failure or 
misrepresentation the employer displaced a United States worker 
employed by the employer within the period beginning 90 days 
before and ending 90 days after the date of filing of any visa 
petition supported by the application--
          (I) the Secretary shall notify the Attorney General 
        of such finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $35,000 per 
        violation) as the Secretary determines to be 
        appropriate; and
          (II) the Attorney General shall not approve petitions 
        filed with respect to that employer under section 204 
        or 214(c) during a period of at least 3 years for 
        aliens to be employed by the employer.
  (iv) It is a violation of this clause for an employer who has 
filed an application under this subsection to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in any 
other manner discriminate against an employee (which term, for 
purposes of this clause, includes a former employee and an 
applicant for employment) because the employee has disclosed 
information to the employer, or to any other person, that the 
employee reasonably believes evidences a violation of this 
subsection, or any rule or regulation pertaining to this 
subsection, or because the employee cooperates or seeks to 
cooperate in an investigation or other proceeding concerning 
the employer's compliance with the requirements of this 
subsection or any rule or regulation pertaining to this 
subsection.
  (v) The Secretary of Labor and the Attorney General shall 
devise a process under which an H-1B nonimmigrant who files a 
complaint regarding a violation of clause (iv) and is otherwise 
eligible to remain and work in the United States may be allowed 
to seek other appropriate employment in the United States for a 
period not to exceed the maximum period of stay authorized for 
such nonimmigrant classification.
  (vi)(I) It is a violation of this clause for an employer who 
has filed an application under this subsection to require an H-
1B nonimmigrant to pay a penalty for ceasing employment with 
the employer prior to a date agreed to by the nonimmigrant and 
the employer. The Secretary shall determine whether a required 
payment is a penalty (and not liquidated damages) pursuant to 
relevant State law.
  (II) It is a violation of this clause for an employer who has 
filed an application under this subsection to require an alien 
who is the subject of a petition filed under section 214(c)(1), 
for which a fee is imposed under section 214(c)(9), to 
reimburse, or otherwise compensate, the employer for part or 
all of the cost of such fee. It is a violation of this clause 
for such an employer otherwise to accept such reimbursement or 
compensation from such an alien.
  (III) If the Secretary finds, after notice and opportunity 
for a hearing, that an employer has committed a violation of 
this clause, the Secretary may impose a civil monetary penalty 
of $1,000 for each such violation and issue an administrative 
order requiring the return to the nonimmigrant of any amount 
paid in violation of this clause, or, if the nonimmigrant 
cannot be located, requiring payment of any such amount to the 
general fund of the Treasury.
  (vii)(I) It is a failure to meet a condition of paragraph 
(1)(A) for an employer, who has filed an application under this 
subsection and who places an H-1B nonimmigrant designated as a 
full-time employee on the petition filed under section 
214(c)(1) by the employer with respect to the nonimmigrant, 
after the nonimmigrant has entered into employment with the 
employer, in nonproductive status due to a decision by the 
employer (based on factors such as lack of work), or due to the 
nonimmigrant's lack of a permit or license, to fail to pay the 
nonimmigrant full-time wages in accordance with paragraph 
(1)(A) for all such nonproductive time.
  (II) It is a failure to meet a condition of paragraph (1)(A) 
for an employer, who has filed an application under this 
subsection and who places an H-1B nonimmigrant designated as a 
part-time employee on the petition filed under section 
214(c)(1) by the employer with respect to the nonimmigrant, 
after the nonimmigrant has entered into employment with the 
employer, in nonproductive status under circumstances described 
in subclause (I), to fail to pay such a nonimmigrant for such 
hours as are designated on such petition consistent with the 
rate of pay identified on such petition.
  (III) In the case of an H-1B nonimmigrant who has not yet 
entered into employment with an employer who has had approved 
an application under this subsection, and a petition under 
section 214(c)(1), with respect to the nonimmigrant, the 
provisions of subclauses (I) and (II) shall apply to the 
employer beginning 30 days after the date the nonimmigrant 
first is admitted into the United States pursuant to the 
petition, or 60 days after the date the nonimmigrant becomes 
eligible to work for the employer (in the case of a 
nonimmigrant who is present in the United States on the date of 
the approval of the petition).
  (IV) This clause does not apply to a failure to pay wages to 
an H-1B nonimmigrant for nonproductive time due to non-work-
related factors, such as the voluntary request of the 
nonimmigrant for an absence or circumstances rendering the 
nonimmigrant unable to work.
  (V) This clause shall not be construed as prohibiting an 
employer that is a school or other educational institution from 
applying to an H-1B nonimmigrant an established salary practice 
of the employer, under which the employer pays to H-1B 
nonimmigrants and United States workers in the same 
occupational classification an annual salary in disbursements 
over fewer than 12 months, if--
          (aa) the nonimmigrant agrees to the compressed annual 
        salary payments prior to the commencement of the 
        employment; and
          (bb) the application of the salary practice to the 
        nonimmigrant does not otherwise cause the nonimmigrant 
        to violate any condition of the nonimmigrant's 
        authorization under this Act to remain in the United 
        States.
  (VI) This clause shall not be construed as superseding clause 
(viii).
  (viii) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an application under this 
subsection to fail to offer to an H-1B nonimmigrant, during the 
nonimmigrant's period of authorized employment, benefits and 
eligibility for benefits (including the opportunity to 
participate in health, life, disability, and other insurance 
plans; the opportunity to participate in retirement and savings 
plans; and cash bonuses and noncash compensation, such as stock 
options (whether or not based on performance)) on the same 
basis, and in accordance with the same criteria, as the 
employer offers to United States workers.
  (D) If the Secretary finds, after notice and opportunity for 
a hearing, that an employer has not paid wages at the wage 
level specified under the application and required under 
paragraph (1), the Secretary shall order the employer to 
provide for payment of such amounts of back pay as may be 
required to comply with the requirements of paragraph (1), 
whether or not a penalty under subparagraph (C) has been 
imposed.
  (E) If an H-1B-dependent employer places a nonexempt H-1B 
nonimmigrant with another employer as provided under paragraph 
(1)(F) and the other employer has displaced or displaces a 
United States worker employed by such other employer during the 
period described in such paragraph, such displacement shall be 
considered for purposes of this paragraph a failure, by the 
placing employer, to meet a condition specified in an 
application submitted under paragraph (1); except that the 
Attorney General may impose a sanction described in subclause 
(II) of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the 
Secretary of Labor found that such placing employer--
          (i) knew or had reason to know of such displacement 
        at the time of the placement of the nonimmigrant with 
        the other employer; or
          (ii) has been subject to a sanction under this 
        subparagraph based upon a previous placement of an H-1B 
        nonimmigrant with the same other employer.
  (F) The Secretary may, on a case-by-case basis, subject an 
employer to random investigations for a period of up to 5 
years, beginning on the date (on or after the date of the 
enactment of the American Competitiveness and Workforce 
Improvement Act of 1998) on which the employer is found by the 
Secretary to have committed a willful failure to meet a 
condition of paragraph (1) (or has been found under paragraph 
(5) to have committed a willful failure to meet the condition 
of paragraph (1)(G)(i)(II)) or to have made a willful 
misrepresentation of material fact in an application. The 
preceding sentence shall apply to an employer regardless of 
whether or not the employer is an H-1B-dependent employer. The 
authority of the Secretary under this subparagraph shall not be 
construed to be subject to, or limited by, the requirements of 
subparagraph (A).
  (G)(i) The Secretary of Labor may initiate an investigation 
of any employer that employs nonimmigrants described in section 
101(a)(15)(H)(i)(b) if the Secretary of Labor has reasonable 
cause to believe that the employer is not in compliance with 
this subsection. In the case of an investigation under this 
clause, the Secretary of Labor (or the acting Secretary in the 
case of the absence of disability of the Secretary of Labor) 
shall personally certify that reasonable cause exists and shall 
approve commencement of the investigation. The investigation 
may be initiated for reasons other than completeness and 
obvious inaccuracies by the employer in complying with this 
subsection.
  (ii) If the Secretary of Labor receives specific credible 
information from a source who is likely to have knowledge of an 
employer's practices or employment conditions, or an employer's 
compliance with the employer's labor condition application 
under paragraph (1), and whose identity is known to the 
Secretary of Labor, and such information provides reasonable 
cause to believe that the employer has committed a willful 
failure to meet a condition of paragraph (1)(A), (1)(B), 
(1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a 
pattern or practice of failures to meet such a condition, or 
has committed a substantial failure to meet such a condition 
that affects multiple employees, the Secretary of Labor may 
conduct an investigation into the alleged failure or failures. 
The Secretary of Labor may withhold the identity of the source 
from the employer, and the source's identity shall not be 
subject to disclosure under section 552 of title 5, United 
States Code.
  (iii) The Secretary of Labor shall establish a procedure for 
any person desiring to provide to the Secretary of Labor 
information described in clause (ii) that may be used, in whole 
or in part, as the basis for the commencement of an 
investigation described in such clause, to provide the 
information in writing on a form developed and provided by the 
Secretary of Labor and completed by or on behalf of the person. 
The person may not be an officer or employee of the Department 
of Labor, unless the information satisfies the requirement of 
clause (iv)(II) (although an officer or employee of the 
Department of Labor may complete the form on behalf of the 
person).
  (iv) Any investigation initiated or approved by the Secretary 
of Labor under clause (ii) shall be based on information that 
satisfies the requirements of such clause and that--
          (I) originates from a source other than an officer or 
        employee of the Department of Labor; or
          (II) was lawfully obtained by the Secretary of Labor 
        in the course of lawfully conducting another Department 
        of Labor investigation under this Act of any other Act.
  (v) The receipt by the Secretary of Labor of information 
submitted by an employer to the Attorney General or the 
Secretary of Labor for purposes of securing the employment of a 
nonimmigrant described in section 101(a)(15)(H)(i)(b) shall not 
be considered a receipt of information for purposes of clause 
(ii).
  (vi) No investigation described in clause (ii) (or hearing 
described in clause (viii) based on such investigation) may be 
conducted with respect to information about a failure to meet a 
condition described in clause (ii), unless the Secretary of 
Labor receives the information not later than 12 months after 
the date of the alleged failure.
  (vii) The Secretary of Labor shall provide notice to an 
employer with respect to whom there is reasonable cause to 
initiate an investigation described in clauses (i) or (ii), 
prior to the commencement of an investigation under such 
clauses, of the intent to conduct an investigation. The notice 
shall be provided in such a manner, and shall contain 
sufficient detail, to permit the employer to respond to the 
allegations before an investigation is commenced. The Secretary 
of Labor is not required to comply with this clause if the 
Secretary of Labor determines that to do so would interfere 
with an effort by the Secretary of Labor to secure compliance 
by the employer with the requirements of this subsection. There 
shall be no judicial review of a determination by the Secretary 
of Labor under this clause.
  (viii) An investigation under clauses (i) or (ii) may be 
conducted for a period of up to 60 days. If the Secretary of 
Labor determines after such an investigation that a reasonable 
basis exists to make a finding that the employer has committed 
a willful failure to meet a condition of paragraph (1)(A), 
(1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in 
a pattern or practice of failures to meet such a condition, or 
has committed a substantial failure to meet such a condition 
that affects multiple employees, the Secretary of Labor shall 
provide for notice of such determination to the interested 
parties and an opportunity for a hearing in accordance with 
section 556 of title 5, United States Code, within 120 days 
after the date of the determination. If such a hearing is 
requested, the Secretary of Labor shall make a finding 
concerning the matter by not later than 120 days after the date 
of the hearing.
  (H)(i) Except as provided in clauses (ii) and (iii), a person 
or entity is considered to have complied with the requirements 
of this subsection, notwithstanding a technical or procedural 
failure to meet such requirements, if there was a good faith 
attempt to comply with the requirements.
  (ii) Clause (i) shall not apply if--
          (I) the Department of Labor (or another enforcement 
        agency) has explained to the person or entity the basis 
        for the failure;
          (II) the person or entity has been provided a period 
        of not less than 10 business days (beginning after the 
        date of the explanation) within which to correct the 
        failure; and
          (III) the person or entity has not corrected the 
        failure voluntarily within such period.
          (iii) A person or entity that, in the course of an 
        investigation, is found to have violated the prevailing 
        wage requirements set forth in paragraph (1)(A), shall 
        not be assessed fines or other penalties for such 
        violation if the person or entity can establish that 
        the manner in which the prevailing wage was calculated 
        was consistent with recognized industry standards and 
        practices.
          (iv) Clauses (i) and (iii) shall not apply to a 
        person or entity that has engaged in or is engaging in 
        a pattern or practice of willful violations of this 
        subsection.
  (I) Nothing in this subsection shall be construed as 
superseding or preempting any other enforcement-related 
authority under this Act (such as the authorities under section 
274B), or any other Act.
  (3)(A) For purposes of this subsection, the term ``H-1B-
dependent employer'' means an employer that--
          (i)(I) has 25 or fewer full-time equivalent employees 
        who are employed in the United States; and (II) employs 
        more than 7 H-1B nonimmigrants;
          (ii)(I) has at least 26 but not more than 50 full-
        time equivalent employees who are employed in the 
        United States; and (II) employs more than 12 H-1B 
        nonimmigrants; or
          (iii)(I) has at least 51 full-time equivalent 
        employees who are employed in the United States; and 
        (II) employs H-1B nonimmigrants in a number that is 
        equal to at least 15 percent of the number of such 
        full-time equivalent employees.
  (B) For purposes of this subsection--
          (i) the term ``exempt H-1B nonimmigrant'' means an H-
        1B nonimmigrant who--
                  (I) receives wages (including cash bonuses 
                and similar compensation) at an annual rate 
                equal to at least $60,000; or
                  (II) has attained a master's or higher degree 
                (or its equivalent) in a specialty related to 
                the intended employment; and
          (ii) the term nonexempt H-1B nonimmigrant means an H-
        1B nonimmigrant who is not an exempt H-1B nonimmigrant.
  (C) For purposes of subparagraph (A)--
          (i) in computing the number of full-time equivalent 
        employees and the number of H-1B nonimmigrants, exempt 
        H-1B nonimmigrants shall not be taken into account 
        during the longer of--
                  (I) the 6-month period beginning on the date 
                of the enactment of the American 
                Competitiveness and Workforce Improvement Act 
                of 1998; or
                  (II) the period beginning on the date of the 
                enactment of the American Competitiveness and 
                Workforce Improvement Act of 1998 and ending on 
                the date final regulations are issued to carry 
                out this paragraph; and
          (ii) any group treated as a single employer under 
        subsection (b), (c), (m), or (o) of section 414 of the 
        Internal Revenue Code of 1986 shall be treated as a 
        single employer.
  (4) For purposes of this subsection:
          (A) The term ``area of employment'' means the area 
        within normal commuting distance of the worksite or 
        physical location where the work of the H-1B 
        nonimmigrant is or will be performed. If such worksite 
        or location is within a Metropolitan Statistical Area, 
        any place within such area is deemed to be within the 
        area of employment.
          (B) In the case of an application with respect to one 
        or more H-1B nonimmigrants by an employer, the employer 
        is considered to ``displace'' a United States worker 
        from a job if the employer lays off the worker from a 
        job that is essentially the equivalent of the job for 
        which the nonimmigrant or nonimmigrants is or are 
        sought. A job shall not be considered to be essentially 
        equivalent of another job unless it involves 
        essentially the same responsibilities, was held by a 
        United States worker with substantially equivalent 
        qualifications and experience, and is located in the 
        same area of employment as the other job.
          (C) The term ``H-1B nonimmigrant'' means an alien 
        admitted or provided status as a nonimmigrant described 
        in section 101(a)(15)(H)(i)(b).
          (D)(i) The term ``lays off'', with respect to a 
        worker--
                  (I) means to cause the worker's loss of 
                employment, other than through a discharge for 
                inadequate performance, violation of workplace 
                rules, cause, voluntary departure, voluntary 
                retirement, or the expiration of a grant or 
                contract (other than a temporary employment 
                contract entered into in order to evade a 
                condition described in subparagraph (E) or (F) 
                of paragraph (1)); but
                  (II) does not include any situation in which 
                the worker is offered, as an alternative to 
                such loss of employment, a similar employment 
                opportunity with the same employer (or, in the 
                case of a placement of a worker with another 
                employer under paragraph (1)(F), with either 
                employer described in such paragraph) at 
                equivalent or higher compensation and benefits 
                than the position from which the employee was 
                discharged, regardless of whether or not the 
                employee accepts the offer.
          (ii) Nothing in this subparagraph is intended to 
        limit an employee's rights under a collective 
        bargaining agreement or other employment contract.
          (E) The term ``United States worker'' means an 
        employee who--
                  (i) is a citizen or national of the United 
                States; or
                  (ii) is an alien who is lawfully admitted for 
                permanent residence, is admitted as a refugee 
                under section 207, is granted asylum under 
                section 208, or is an immigrant otherwise 
                authorized, by this Act or by the Attorney 
                General, to be employed.
  (5)(A) This paragraph shall apply instead of subparagraphs 
(A) through (E) of paragraph (2) in the case of a violation 
described in subparagraph (B), but shall not be construed to 
limit or affect the authority of the Secretary or the Attorney 
General with respect to any other violation.
  (B) The Attorney General shall establish a process for the 
receipt, initial review, and disposition in accordance with 
this paragraph of complaints respecting an employer's failure 
to meet the condition of paragraph (1)(G)(i)(II) or a 
petitioner's misrepresentation of material facts with respect 
to such condition. Complaints may be filed by an aggrieved 
individual who has submitted a resume or otherwise applied in a 
reasonable manner for the job that is the subject of the 
condition. No proceeding shall be conducted under this 
paragraph on a complaint concerning such a failure or 
misrepresentation unless the Attorney General determines that 
the complaint was filed not later than 12 months after the date 
of the failure or misrepresentation, respectively.
  (C) If the Attorney General finds that a complaint has been 
filed in accordance with subparagraph (B) and there is 
reasonable cause to believe that such a failure or 
misrepresentation described in such complaint has occurred, the 
Attorney General shall initiate binding arbitration proceedings 
by requesting the Federal Mediation and Conciliation Service to 
appoint an arbitrator from the roster of arbitrators maintained 
by such Service. The procedure and rules of such Service shall 
be applicable to the selection of such arbitrator and to such 
arbitration proceedings. The Attorney General shall pay the fee 
and expenses of the arbitrator.
  (D)(i) The arbitrator shall make findings respecting whether 
a failure or misrepresentation described in subparagraph (B) 
occurred. If the arbitrator concludes that failure or 
misrepresentation was willful, the arbitrator shall make a 
finding to that effect. The arbitrator may not find such a 
failure or misrepresentation (or that such a failure or 
misrepresentation was willful) unless the complainant 
demonstrates such a failure or misrepresentation (or its 
willful character) by clear and convincing evidence. The 
arbitrator shall transmit the findings in the form of a written 
opinion to the parties to the arbitration and the Attorney 
General. Such findings shall be final and conclusive, and, 
except as provided in this subparagraph, no official or court 
of the United States shall have power or jurisdiction to review 
any such findings.
  (ii) The Attorney General may review and reverse or modify 
the findings of an arbitrator only on the same bases as an 
award of an arbitrator may be vacated or modified under section 
10 or 11 of title 9, United States Code.
  (iii) With respect to the findings of an arbitrator, a court 
may review only the actions of the Attorney General under 
clause (ii) and may set aside such actions only on the grounds 
described in subparagraph (A), (B), or (C) of section 706(a)(2) 
of title 5, United States Code. Notwithstanding any other 
provision of law, such judicial review may only be brought in 
an appropriate United States court of appeals.
  (E) If the Attorney General receives a finding of an 
arbitrator under this paragraph that an employer has failed to 
meet the condition of paragraph (1)(G)(i)(II) or has 
misrepresented a material fact with respect to such condition, 
unless the Attorney General reverses or modifies the finding 
under subparagraph (D)(ii)--
          (i) the Attorney General may impose administrative 
        remedies (including civil monetary penalties in an 
        amount not to exceed $1,000 per violation or $5,000 per 
        violation in the case of a willful failure or 
        misrepresentation) as the Attorney General determines 
        to be appropriate; and
          (ii) the Attorney General is authorized to not 
        approve petitions filed, with respect to that employer 
        and for aliens to be employed by the employer, under 
        section 204 or 214(c)--
                  (I) during a period of not more than 1 year; 
                or
                  (II) in the case of a willful failure or 
                willful misrepresentation, during a period of 
                not more than 2 years.
  (F) The Attorney General shall not delegate, to any other 
employee or official of the Department of Justice, any function 
of the Attorney General under this paragraph, until 60 days 
after the Attorney General has submitted a plan for such 
delegation to the Committees on the Judiciary of the United 
States House of Representatives and the Senate.
  (o) An alien who has been physically present in the United 
States shall not be eligible to receive an immigrant visa 
within ninety days following departure therefrom unless--
          (1) the alien was maintaining a lawful nonimmigrant 
        status at the time of such departure, or
          (2) the alien is the spouse or unmarried child of an 
        individual who obtained temporary or permanent resident 
        status under section 210 or 245A of the Immigration and 
        Nationality Act or section 202 of the Immigration 
        Reform and Control Act of 1986 at any date, who--
                  (A) as of May 5, 1988, was the unmarried 
                child or spouse of the individual who obtained 
                temporary or permanent resident status under 
                section 210 or 245A of the Immigration and 
                Nationality Act or section 202 of the 
                Immigration Reform and Control Act of 1986;
                  (B) entered the United States before May 5, 
                1988, resided in the United States on May 5, 
                1988, and is not a lawful permanent resident; 
                and
                  (C) applied for benefits under section 301(a) 
                of the Immigration Act of 1990.
  (p)(1) In computing the prevailing wage level for an 
occupational classification in an area of employment for 
purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
(t)(1)(A)(i)(II) in the case of an employee of--
          (A) an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965), or 
        a related or affiliated nonprofit entity; or
          (B) a nonprofit research organization or a 
        Governmental research organization,
the prevailing wage level shall only take into account 
employees at such institutions and organizations in the area of 
employment.
  (2) With respect to a professional athlete (as defined in 
subsection (a)(5)(A)(iii)(II)) when the job opportunity is 
covered by professional sports league rules or regulations, the 
wage set forth in those rules or regulations shall be 
considered as not adversely affecting the wages of United 
States workers similarly employed and be considered the 
prevailing wage.
  (3) The prevailing wage required to be paid pursuant to 
subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) 
shall be 100 percent of the wage determined pursuant to those 
sections.
  (4) Where the Secretary of Labor uses, or makes available to 
employers, a governmental survey to determine the prevailing 
wage, such survey shall provide at least 4 levels of wages 
commensurate with experience, education, and the level of 
supervision. Where an existing government survey has only 2 
levels, 2 intermediate levels may be created by dividing by 3, 
the difference between the 2 levels offered, adding the 
quotient thus obtained to the first level and subtracting that 
quotient from the second level.
  (q) Any alien admitted under section 101(a)(15)(B) may accept 
an honorarium payment and associated incidental expenses for a 
usual academic activity or activities (lasting not longer than 
9 days at any single institution), as defined by the Attorney 
General in consultation with the Secretary of Education, if 
such payment is offered by an institution or organization 
described in subsection (p)(1) and is made for services 
conducted for the benefit of that institution or entity and if 
the alien has not accepted such payment or expenses from more 
than 5 institutions or organizations in the previous 6-month 
period.
  (r) Subsection (a)(5)(C) shall not apply to an alien who 
seeks to enter the United States for the purpose of performing 
labor as a nurse who presents to the consular officer (or in 
the case of an adjustment of status, the Attorney General) a 
certified statement from the Commission on Graduates of Foreign 
Nursing Schools (or an equivalent independent credentialing 
organization approved for the certification of nurses under 
subsection (a)(5)(C) by the Attorney General in consultation 
with the Secretary of Health and Human Services) that--
          (1) the alien has a valid and unrestricted license as 
        a nurse in a State where the alien intends to be 
        employed and such State verifies that the foreign 
        licenses of alien nurses are authentic and 
        unencumbered;
          (2) the alien has passed the National Council 
        Licensure Examination (NCLEX);
          (3) the alien is a graduate of a nursing program--
                  (A) in which the language of instruction was 
                English;
                  (B) located in a country--
                          (i) designated by such commission not 
                        later than 30 days after the date of 
                        the enactment of the Nursing Relief for 
                        Disadvantaged Areas Act of 1999, based 
                        on such commission's assessment that 
                        the quality of nursing education in 
                        that country, and the English language 
                        proficiency of those who complete such 
                        programs in that country, justify the 
                        country's designation; or
                          (ii) designated on the basis of such 
                        an assessment by unanimous agreement of 
                        such commission and any equivalent 
                        credentialing organizations which have 
                        been approved under subsection 
                        (a)(5)(C) for the certification of 
                        nurses under this subsection; and
                  (C)(i) which was in operation on or before 
                the date of the enactment of the Nursing Relief 
                for Disadvantaged Areas Act of 1999; or
                  (ii) has been approved by unanimous agreement 
                of such commission and any equivalent 
                credentialing organizations which have been 
                approved under subsection (a)(5)(C) for the 
                certification of nurses under this subsection.
  (s) In determining whether an alien described in subsection 
(a)(4)(C)(i) is inadmissible under subsection (a)(4) or 
ineligible to receive an immigrant visa or otherwise to adjust 
to the status of permanent resident by reason of subsection 
(a)(4), the consular officer or the Attorney General shall not 
consider any benefits the alien may have received that were 
authorized under section 501 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1641(c)).
  (t)(1) No alien may be admitted or provided status as a 
nonimmigrant under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) in an occupational classification unless the 
employer has filed with the Secretary of Labor an attestation 
stating the following:
          (A) The employer--
                  (i) is offering and will offer during the 
                period of authorized employment to aliens 
                admitted or provided status under section 
                101(a)(15)(H)(i)(b1) or section 
                101(a)(15)(E)(iii) wages that are at least--
                          (I) the actual wage level paid by the 
                        employer to all other individuals with 
                        similar experience and qualifications 
                        for the specific employment in 
                        question; or
                          (II) the prevailing wage level for 
                        the occupational classification in the 
                        area of employment,
                whichever is greater, based on the best 
                information available as of the time of filing 
                the attestation; and
                  (ii) will provide working conditions for such 
                a nonimmigrant that will not adversely affect 
                the working conditions of workers similarly 
                employed.
          (B) There is not a strike or lockout in the course of 
        a labor dispute in the occupational classification at 
        the place of employment.
          (C) The employer, at the time of filing the 
        attestation--
                  (i) has provided notice of the filing under 
                this paragraph to the bargaining representative 
                (if any) of the employer's employees in the 
                occupational classification and area for which 
                aliens are sought; or
                  (ii) if there is no such bargaining 
                representative, has provided notice of filing 
                in the occupational classification through such 
                methods as physical posting in conspicuous 
                locations at the place of employment or 
                electronic notification to employees in the 
                occupational classification for which 
                nonimmigrants under section 
                101(a)(15)(H)(i)(b1) or section 
                101(a)(15)(E)(iii) are sought.
          (D) A specification of the number of workers sought, 
        the occupational classification in which the workers 
        will be employed, and wage rate and conditions under 
        which they will be employed.
  (2)(A) The employer shall make available for public 
examination, within one working day after the date on which an 
attestation under this subsection is filed, at the employer's 
principal place of business or worksite, a copy of each such 
attestation (and such accompanying documents as are necessary).
  (B)(i) The Secretary of Labor shall compile, on a current 
basis, a list (by employer and by occupational classification) 
of the attestations filed under this subsection. Such list 
shall include, with respect to each attestation, the wage rate, 
number of aliens sought, period of intended employment, and 
date of need.
  (ii) The Secretary of Labor shall make such list available 
for public examination in Washington, D.C.
  (C) The Secretary of Labor shall review an attestation filed 
under this subsection only for completeness and obvious 
inaccuracies. Unless the Secretary of Labor finds that an 
attestation is incomplete or obviously inaccurate, the 
Secretary of Labor shall provide the certification described in 
section 101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) 
within 7 days of the date of the filing of the attestation.
  (3)(A) The Secretary of Labor shall establish a process for 
the receipt, investigation, and disposition of complaints 
respecting the failure of an employer to meet a condition 
specified in an attestation submitted under this subsection or 
misrepresentation by the employer of material facts in such an 
attestation. Complaints may be filed by any aggrieved person or 
organization (including bargaining representatives). No 
investigation or hearing shall be conducted on a complaint 
concerning such a failure or misrepresentation unless the 
complaint was filed not later than 12 months after the date of 
the failure or misrepresentation, respectively. The Secretary 
of Labor shall conduct an investigation under this paragraph if 
there is reasonable cause to believe that such a failure or 
misrepresentation has occurred.
  (B) Under the process described in subparagraph (A), the 
Secretary of Labor shall provide, within 30 days after the date 
a complaint is filed, for a determination as to whether or not 
a reasonable basis exists to make a finding described in 
subparagraph (C). If the Secretary of Labor determines that 
such a reasonable basis exists, the Secretary of Labor shall 
provide for notice of such determination to the interested 
parties and an opportunity for a hearing on the complaint, in 
accordance with section 556 of title 5, United States Code, 
within 60 days after the date of the determination. If such a 
hearing is requested, the Secretary of Labor shall make a 
finding concerning the matter by not later than 60 days after 
the date of the hearing. In the case of similar complaints 
respecting the same applicant, the Secretary of Labor may 
consolidate the hearings under this subparagraph on such 
complaints.
  (C)(i) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a failure to meet a condition of 
paragraph (1)(B), a substantial failure to meet a condition of 
paragraph (1)(C) or (1)(D), or a misrepresentation of material 
fact in an attestation--
          (I) the Secretary of Labor shall notify the Secretary 
        of State and the Secretary of Homeland Security of such 
        finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $1,000 per 
        violation) as the Secretary of Labor determines to be 
        appropriate; and
          (II) the Secretary of State or the Secretary of 
        Homeland Security, as appropriate, shall not approve 
        petitions or applications filed with respect to that 
        employer under section 204, 214(c), 
        101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) or section 
        101(a)(15)(E)(iii) during a period of at least 1 year 
        for aliens to be employed by the employer.
  (ii) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a willful failure to meet a 
condition of paragraph (1), a willful misrepresentation of 
material fact in an attestation, or a violation of clause 
(iv)--
          (I) the Secretary of Labor shall notify the Secretary 
        of State and the Secretary of Homeland Security of such 
        finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $5,000 per 
        violation as the Secretary of Labor determines to be 
        appropriate; and
          (II) the Secretary of State or the Secretary of 
        Homeland Security, as appropriate, shall not approve 
        petitions or applications filed with respect to that 
        employer under section 204, 214(c), 
        101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) or section 
        101(a)(15)(E)(iii) during a period of at least 2 years 
        for aliens to be employed by the employer.
  (iii) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a willful failure to meet a 
condition of paragraph (1) or a willful misrepresentation of 
material fact in an attestation, in the course of which failure 
or misrepresentation the employer displaced a United States 
worker employed by the employer within the period beginning 90 
days before and ending 90 days after the date of filing of any 
visa petition or application supported by the attestation--
          (I) the Secretary of Labor shall notify the Secretary 
        of State and the Secretary of Homeland Security of such 
        finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $35,000 per 
        violation) as the Secretary of Labor determines to be 
        appropriate; and
          (II) the Secretary of State or the Secretary of 
        Homeland Security, as appropriate, shall not approve 
        petitions or applications filed with respect to that 
        employer under section 204, 214(c), 
        101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) or section 
        101(a)(15)(E)(iii) during a period of at least 3 years 
        for aliens to be employed by the employer.
  (iv) It is a violation of this clause for an employer who has 
filed an attestation under this subsection to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in any 
other manner discriminate against an employee (which term, for 
purposes of this clause, includes a former employee and an 
applicant for employment) because the employee has disclosed 
information to the employer, or to any other person, that the 
employee reasonably believes evidences a violation of this 
subsection, or any rule or regulation pertaining to this 
subsection, or because the employee cooperates or seeks to 
cooperate in an investigation or other proceeding concerning 
the employer's compliance with the requirements of this 
subsection or any rule or regulation pertaining to this 
subsection.
  (v) The Secretary of Labor and the Secretary of Homeland 
Security shall devise a process under which a nonimmigrant 
under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) who files a complaint regarding a violation 
of clause (iv) and is otherwise eligible to remain and work in 
the United States may be allowed to seek other appropriate 
employment in the United States for a period not to exceed the 
maximum period of stay authorized for such nonimmigrant 
classification.
  (vi)(I) It is a violation of this clause for an employer who 
has filed an attestation under this subsection to require a 
nonimmigrant under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) to pay a penalty for ceasing employment with 
the employer prior to a date agreed to by the nonimmigrant and 
the employer. The Secretary of Labor shall determine whether a 
required payment is a penalty (and not liquidated damages) 
pursuant to relevant State law.
  (II) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that an employer has committed a 
violation of this clause, the Secretary of Labor may impose a 
civil monetary penalty of $1,000 for each such violation and 
issue an administrative order requiring the return to the 
nonimmigrant of any amount paid in violation of this clause, 
or, if the nonimmigrant cannot be located, requiring payment of 
any such amount to the general fund of the Treasury.
  (vii)(I) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an attestation under this 
subsection and who places a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) designated 
as a full-time employee in the attestation, after the 
nonimmigrant has entered into employment with the employer, in 
nonproductive status due to a decision by the employer (based 
on factors such as lack of work), or due to the nonimmigrant's 
lack of a permit or license, to fail to pay the nonimmigrant 
full-time wages in accordance with paragraph (1)(A) for all 
such nonproductive time.
  (II) It is a failure to meet a condition of paragraph (1)(A) 
for an employer who has filed an attestation under this 
subsection and who places a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) designated 
as a part-time employee in the attestation, after the 
nonimmigrant has entered into employment with the employer, in 
nonproductive status under circumstances described in subclause 
(I), to fail to pay such a nonimmigrant for such hours as are 
designated on the attestation consistent with the rate of pay 
identified on the attestation.
  (III) In the case of a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) who has not 
yet entered into employment with an employer who has had 
approved an attestation under this subsection with respect to 
the nonimmigrant, the provisions of subclauses (I) and (II) 
shall apply to the employer beginning 30 days after the date 
the nonimmigrant first is admitted into the United States, or 
60 days after the date the nonimmigrant becomes eligible to 
work for the employer in the case of a nonimmigrant who is 
present in the United States on the date of the approval of the 
attestation filed with the Secretary of Labor.
  (IV) This clause does not apply to a failure to pay wages to 
a nonimmigrant under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) for nonproductive time due to non-work-
related factors, such as the voluntary request of the 
nonimmigrant for an absence or circumstances rendering the 
nonimmigrant unable to work.
  (V) This clause shall not be construed as prohibiting an 
employer that is a school or other educational institution from 
applying to a nonimmigrant under section 101(a)(15)(H)(i)(b1) 
or section 101(a)(15)(E)(iii) an established salary practice of 
the employer, under which the employer pays to nonimmigrants 
under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) and United States workers in the same 
occupational classification an annual salary in disbursements 
over fewer than 12 months, if--
          (aa) the nonimmigrant agrees to the compressed annual 
        salary payments prior to the commencement of the 
        employment; and
          (bb) the application of the salary practice to the 
        nonimmigrant does not otherwise cause the nonimmigrant 
        to violate any condition of the nonimmigrant's 
        authorization under this Act to remain in the United 
        States.
  (VI) This clause shall not be construed as superseding clause 
(viii).
  (viii) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an attestation under this 
subsection to fail to offer to a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii), during the 
nonimmigrant's period of authorized employment, benefits and 
eligibility for benefits (including the opportunity to 
participate in health, life, disability, and other insurance 
plans; the opportunity to participate in retirement and savings 
plans; and cash bonuses and non-cash compensation, such as 
stock options (whether or not based on performance)) on the 
same basis, and in accordance with the same criteria, as the 
employer offers to United States workers.
  (D) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that an employer has not paid wages 
at the wage level specified in the attestation and required 
under paragraph (1), the Secretary of Labor shall order the 
employer to provide for payment of such amounts of back pay as 
may be required to comply with the requirements of paragraph 
(1), whether or not a penalty under subparagraph (C) has been 
imposed.
  (E) The Secretary of Labor may, on a case-by-case basis, 
subject an employer to random investigations for a period of up 
to 5 years, beginning on the date on which the employer is 
found by the Secretary of Labor to have committed a willful 
failure to meet a condition of paragraph (1) or to have made a 
willful misrepresentation of material fact in an attestation. 
The authority of the Secretary of Labor under this subparagraph 
shall not be construed to be subject to, or limited by, the 
requirements of subparagraph (A).
  (F) Nothing in this subsection shall be construed as 
superseding or preempting any other enforcement-related 
authority under this Act (such as the authorities under section 
274B), or any other Act.
  (4) For purposes of this subsection:
          (A) The term ``area of employment'' means the area 
        within normal commuting distance of the worksite or 
        physical location where the work of the nonimmigrant 
        under section 101(a)(15)(H)(i)(b1) or section 
        101(a)(15)(E)(iii) is or will be performed. If such 
        worksite or location is within a Metropolitan 
        Statistical Area, any place within such area is deemed 
        to be within the area of employment.
          (B) In the case of an attestation with respect to one 
        or more nonimmigrants under section 
        101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) by 
        an employer, the employer is considered to ``displace'' 
        a United States worker from a job if the employer lays 
        off the worker from a job that is essentially the 
        equivalent of the job for which the nonimmigrant or 
        nonimmigrants is or are sought. A job shall not be 
        considered to be essentially equivalent of another job 
        unless it involves essentially the same 
        responsibilities, was held by a United States worker 
        with substantially equivalent qualifications and 
        experience, and is located in the same area of 
        employment as the other job.
          (C)(i) The term ``lays off'', with respect to a 
        worker--
                  (I) means to cause the worker's loss of 
                employment, other than through a discharge for 
                inadequate performance, violation of workplace 
                rules, cause, voluntary departure, voluntary 
                retirement, or the expiration of a grant or 
                contract; but
                  (II) does not include any situation in which 
                the worker is offered, as an alternative to 
                such loss of employment, a similar employment 
                opportunity with the same employer at 
                equivalent or higher compensation and benefits 
                than the position from which the employee was 
                discharged, regardless of whether or not the 
                employee accepts the offer.
          (ii) Nothing in this subparagraph is intended to 
        limit an employee's rights under a collective 
        bargaining agreement or other employment contract.
          (D) The term ``United States worker'' means an 
        employee who--
                  (i) is a citizen or national of the United 
                States; or
                  (ii) is an alien who is lawfully admitted for 
                permanent residence, is admitted as a refugee 
                under section 207 of this title, is granted 
                asylum under section 208, or is an immigrant 
                otherwise authorized, by this Act or by the 
                Secretary of Homeland Security, to be employed.
  (t)(1) Except as provided in paragraph (2), no person 
admitted under section 101(a)(15)(Q)(ii)(I), or acquiring such 
status after admission, shall be eligible to apply for 
nonimmigrant status, an immigrant visa, or permanent residence 
under this Act until it is established that such person has 
resided and been physically present in the person's country of 
nationality or last residence for an aggregate of at least 2 
years following departure from the United States.
  (2) The Secretary of Homeland Security may waive the 
requirement of such 2-year foreign residence abroad if the 
Secretary determines that--
          (A) departure from the United States would impose 
        exceptional hardship upon the alien's spouse or child 
        (if such spouse or child is a citizen of the United 
        States or an alien lawfully admitted for permanent 
        residence); or
          (B) the admission of the alien is in the public 
        interest or the national interest of the United States.

           *       *       *       *       *       *       *




                            Dissenting Views

    H.R. 2214\1\ terminates presidential actions taken under 
the authority to suspend entry of certain aliens pursuant to 
INA 212(f) to make our country safer. In addition, H.R. 2214 
places further restrictions on the use of 212(f) authority, 
some so onerous that it appears the legislation was crafted to 
discourage the President from ever exercising such authority, 
even in instances where national security compels the issuance 
of travel restrictions. In addition to restricting the 
president's authority, H.R. 2214 is a recipe for litigation, 
opening up determinations for federal court review by any 
individual, entity, or class present in the United States who 
claims to have been harmed by any perceived violation of the 
bill's many vaguely worded requirements.
---------------------------------------------------------------------------
    \1\Amendment in the Nature of a Substitute to H.R. 2214, as amended 
at markup, 116th Cong. (National Origin-Based Antidiscrimination for 
Nonimmigrants Act).
---------------------------------------------------------------------------

H.R. 2214 TERMINATES LAWFUL PRESIDENTIAL ACTIONS TAKEN TO SAFEGUARD THE 
                           NATIONAL SECURITY

    H.R. 2214 terminates Executive Orders 13769, 13780, 13815 
and Presidential Proclamations 9645, 9822, and--as amended by 
Mr. Neguse--Proclamation 9983. These presidential actions were 
proper uses of 212(f) authority, and are making the U.S. and 
the world a safer place by inducing foreign governments to come 
into compliance with international standards of information 
sharing and identity management practices.
    Section 212(f) of the Immigration and Nationality Act, 
codified in 1952, provides the President broad latitude to 
impose restrictions on the entry of aliens or classes of aliens 
to the United States. Specifically the provision states, 
``Whenever the President finds that the entry of any aliens or 
of any class of aliens into the United States would be 
detrimental to the interests of the United States, he may by 
proclamation, and for such period as he shall deem necessary, 
suspend the entry of all aliens or any class of aliens as 
immigrants or nonimmigrants, or impose on the entry of aliens 
any restrictions he may deem to be appropriate.''\2\
---------------------------------------------------------------------------
    \2\8 U.S.C. Sec. 1182(f).
---------------------------------------------------------------------------
    On January 27, 2017, President Donald Trump signed 
Executive Order 13769, which was then superseded by the March 
6, 2017, Executive Order 13780. In Section 2(c) of EO 13780, 
the President utilized INA 212(f) and 215(a)\3\ authorities 
stating,
---------------------------------------------------------------------------
    \3\INA Sec. 215(a) provides authority for the President to impose 
reasonable restrictions on entering or departing from the United 
States, stating that ``it shall be unlawful--(1) for any alien to 
depart from or enter or attempt to depart from or enter the United 
States except under such reasonable rules, regulations, and orders, and 
subject to such limitations and exceptions as the President may 
prescribe . . .''.

          ``the unrestricted entry into the United States of 
        nationals of Iran, Libya, Somalia, Sudan, Syria, and 
        Yemen would be detrimental to the interests of the 
        United States. I therefore direct that the entry into 
        the United States of nationals of those six countries 
        be suspended for 90 days from the effective date of 
        this order, subject to the limitations, waivers, and 
---------------------------------------------------------------------------
        exceptions set forth in sections 3 . . . .''

    The EO also required that the Secretary of DHS, in 
consultation with the Secretary of State and the Director of 
National Intelligence (ODNI), ``conduct a worldwide review to 
identify whether, and if so what, additional information will 
be needed from each foreign country to adjudicate an 
application by a national of that country for a visa, 
admission, or other benefit under the INA (adjudications) in 
order to determine that the individual is not a security or 
public-safety threat.''\4\ A report on that review was to be 
presented to the President within 20 days of the EO's 
signing,\5\ and countries noted in the report would have 50 
days within which to begin providing the additional information 
needed to properly adjudicate applications for a visa, 
admission, or other immigration benefit.\6\
---------------------------------------------------------------------------
    \4\Executive Order 13780, Executive Order Protecting the Nation 
From Foreign Terrorist Entry Into the United States, Mar. 6, 2017, Sec. 
2(a).
    \5\Id. at Sec. 2(b).
    \6\Id. at Sec. 2(d).
---------------------------------------------------------------------------
    The EO then required that the Secretaries and ODNI ``submit 
to the President a list of countries recommended for inclusion 
in a Presidential proclamation that would prohibit the entry of 
appropriate categories of foreign nationals of countries that 
have not provided the information requested until they do so or 
until the Secretary of Homeland Security certifies that the 
country has an adequate plan to do so, or has adequately shared 
information through other means. The Secretary of State, the 
Attorney General, or the Secretary of Homeland Security may 
also submit to the President the names of additional countries 
for which any of them recommends other lawful restrictions or 
limitations deemed necessary for the security or welfare of the 
United States.''\7\
---------------------------------------------------------------------------
    \7\Id. at Sec. 2(e).
---------------------------------------------------------------------------
    Based on the information received pursuant to the EO 13780 
requirements, Presidential Proclamation 9645 (PP 9645) was 
issued on September 27, 2017. PP 9645 stated:\8\
---------------------------------------------------------------------------
    \8\Presidential Proclamation 9645, Enhancing Vetting Capabilities 
and Processes for Detecting Attempted Entry Into the United States by 
Terrorists or Other Public-Safety Threats, Sept. 27, 2019.

          The Secretary of Homeland Security developed a 
        comprehensive set of criteria and applied it to the 
        information-sharing practices, policies, and 
        capabilities of foreign governments. The Secretary of 
        State thereafter engaged with the countries reviewed in 
        an effort to address deficiencies and achieve 
        improvements. In many instances, those efforts produced 
        positive results. By obtaining additional information 
        and formal commitments from foreign governments, the 
        United States Government has improved its capacity and 
        ability to assess whether foreign nationals attempting 
        to enter the United States pose a security or safety 
        threat. Our Nation is safer as a result of this work.
          Despite those efforts, the Secretary of Homeland 
        Security, in consultation with the Secretary of State 
        and the Attorney General, has determined that a small 
        number of countries--out of nearly 200 evaluated--
        remain deficient at this time with respect to their 
        identity-management and information-sharing 
        capabilities, protocols, and practices. In some cases, 
        these countries also have a significant terrorist 
        presence within their territory.
          . . . .
          . . . I have determined, on the basis of 
        recommendations from the Secretary of Homeland Security 
        and other members of my Cabinet, to impose certain 
        conditional restrictions and limitations, as set forth 
        more fully below, on entry into the United States of 
        nationals of the countries identified in section 2 of 
        this proclamation.

    Pursuant to 212(f) and 215(a) authority as well as 
Constitutional powers, President Trump imposed restrictions on 
the receipt of immigrant or nonimmigrant visas by nationals of 
Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and 
Somalia.\9\ On April 10, 2018, visa restrictions were lifted 
for Chad, because ``the Republic of Chad has improved its 
identity-management and information sharing practices 
sufficiently to meet the baseline security standard of the 
United States.''\10\ The other visa restrictions remain in 
place.
---------------------------------------------------------------------------
    \9\Id. at Sec. 2.
    \10\Statement by the Press Secretary Regarding the Presidential 
Proclamation to Lift Entry Restrictions for Nationals of the Republic 
of Chad, Apr. 10, 2018.
---------------------------------------------------------------------------
    PP 9645 also directed the Secretary of Homeland Security to 
continually assess whether changes (further limitations or 
removal of limitations) should be made to the visa restrictions 
based on the interests of such restrictions to the United 
States.\11\ And the Secretary must report such findings to the 
President every 180 days.
---------------------------------------------------------------------------
    \11\Presidential Proclamation 9645, Enhancing Vetting Capabilities 
and Processes for Detecting Attempted Entry Into the United States by 
Terrorists or Other Public-Safety Threats, Sept. 27, 2019, Sec. 4(a).
---------------------------------------------------------------------------
    On January 31, 2019, President Trump issued Presidential 
Proclamation 9983, an update to PP 9645. Pursuant to the 
requirements in section 4 of PP 9645 that DHS continually 
assess the potential national security and public safety threat 
vulnerabilities to the U.S. if the U.S. admits foreign 
nationals of other countries, DHS conducted such assessments. 
While doing so, DHS also improved upon its assessment criteria, 
including by asking more strategic questions of the other 
countries, by using additional data from the U.S. intelligence 
community, and by increasing the amount of information obtained 
from U.S. Embassies abroad.\12\ DHS concentrated on three 
categories in its assessment: (1) identity management; (2) 
information sharing; and (3) terrorism and public safety risk. 
The countries deemed to be lowest performing and from which the 
U.S. would be most at risk were then assessed for the potential 
impact of visa restrictions.
---------------------------------------------------------------------------
    \12\Improving Enhanced Vetting Capabilities and Detection Processes 
for Detecting Attempted Entry Into the United States by Terrorists or 
Other Public-Safety Threats, Presidential Proclamation 9983 (Jan. 31, 
2020), available at https://www.govinfo.gov/content/pkg/DCPD-202000052/
pdf/DCPD-202000052.pdf.
---------------------------------------------------------------------------
    In September 2019, a report was submitted to the President 
recommending that the existing restrictions remain in place for 
the countries named in PP 9645 (other than Chad) and that 
restrictions be added for 12 other countries. The USG continued 
to engage with those countries to address deficiencies and in 
January 2020, PP 9983 instituted travel restrictions for only 
six countries--``Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, 
Sudan, and Tanzania--until those countries address their 
identified deficiencies.''\13\
---------------------------------------------------------------------------
    \13\Id.
---------------------------------------------------------------------------
    The DHS and other relevant USG officials continue to engage 
with the governments of the affected countries to work toward 
compliance. Just as he did with Chad after PP 9645, the 
President can--at any time--remove travel restrictions. 
Evidence shows that some of the affected countries are already 
working toward compliance. For instance, according to press 
reports, the Foreign Minister of Nigeria has stated, ``We've 
identified all those requirements and we have actually started 
working on all them. . . . It is actually very straightforward 
and it was very gratifying to come here and meet with U.S. 
officials and to understand more clearly the reasoning behind 
it. . . .''\14\
---------------------------------------------------------------------------
    \14\Humeyra Pamuk, Reuters, Nigeria Working to Have U.S. Travel Ban 
Lifted-Foreign Minister, https://www.reuters.com/article/us-usa-
immigration-ban-nigeria/nigeria-working-to-have-u-s-travel-ban-lifted-
foreign-minister-idUSKBN1ZY2KD?feedType=RSS&feedName=worldNews, (Feb. 
4, 2020).
---------------------------------------------------------------------------
    Despite the successes of these presidential actions, 
section 4 of H.R. 2214 explicitly terminates President Trump's 
exercises of 212(f) authority in Presidential Proclamations 
9645, 9822, and 9983 as well as Executive Orders 13769, 13780, 
and 13815, stating that they ``shall be void beginning on the 
date of the enactment of this Act.''\15\ Section 4 also 
curiously states that ``[a]ll actions made pursuant to any 
proclamation or executive order terminated under subsection (a) 
shall cease on the date of the enactment of this Act.'' This 
would apply not just to restrictions on entry for the aliens 
described, but would also include additional or more efficient 
vetting procedures developed in response to those presidential 
actions, as well as any other positive benefits that accrued to 
the United States as a result thereof. For example, as written, 
H.R. 2214 would require that an agreement by the United States 
with another country to facilitate that country's sharing of 
known or suspected terrorist information or to share 
information about lost and stolen passports would have to 
``cease on the date of the enactment of this Act.'' All actions 
taken to ensure countries comply with international standards 
of information sharing--ensuring that foreign countries report 
lost and stolen passports, report criminal information to 
Interpol, and adopt electronic passports--should not simply 
cease. The government shouldn't have to go back to the old 
method of manually running every person through databases when 
the presidential actions led to a quicker and more robust 
automated process, and we shouldn't have to back out of 
identity management and information sharing relationships 
established with foreign governments as a result of the 
President's actions.
---------------------------------------------------------------------------
    \15\Amendment in the Nature of a Substitute to H.R. 2214, as 
amended at markup, 116th Cong. (National Origin-Based 
Antidiscrimination for Nonimmigrants Act).
---------------------------------------------------------------------------
    It is also curious that the bill only terminates actions 
undertaken by President Trump, and not exercises of 212(f) 
authority by prior presidents which remain in force. If the 
proponents of H.R. 2214 were indeed skeptical of presidential 
authority in the use of 212(f), presumably they would also have 
attempted to terminate those actions as well. This is further 
indication that H.R. 2214 is designed simply to malign positive 
efforts undertaken by the Trump administration.

  H.R. 2214 CONTAINS AN UNNECESSARY NONDISCRIMINATION PROVISION THAT 
                   COULD LIMIT RECIPROCAL AGREEMENTS

    Section 2 of the bill amends INA Sec. 202(a)(1)(A), which 
currently prohibits discrimination based on race, sex, 
nationality, place of birth, or place of residence in the 
issuance of an immigrant visa. H.R. 2214 would amend this to 
include religion, and would expand it from only applying to 
immigrant visas to ``a nonimmigrant visa, entry into the United 
States, or the approval or revocation of any immigration 
benefit.''\16\ In reality, there is no actual evidence that 
such discrimination is occurring, but these provisions would 
permit an additional avenue to limit the president's authority 
from a litigation standpoint by opening up review by a federal 
court of any decision to issue a visa, deny entry, or approve 
or revoke an immigration benefit merely if the alien asserts 
that they were the victim of unlawful discrimination.
---------------------------------------------------------------------------
    \16\Id. at 2.
---------------------------------------------------------------------------
    Furthermore, there are concerns that extending the 
nondiscrimination provision to mere revocations of nonimmigrant 
visas could impact existing reciprocal agreements, including 
travel facilitation for U.S. and Chinese nationals. Chinese 
nationals issued visas with 10-year validity must periodically 
(every two years and prior to travel) register with the 
Electronic Visa Update System (EVUS) to facilitate travel to 
the United States.\17\ This is because of a 2016 agreement 
entered into on a reciprocal basis between the U.S. and China. 
Those who fail to enroll may have their visas automatically 
revoked. However, because this requirement is unique to China, 
it could be construed as a discriminatory practice on the basis 
of nationality. H.R. 2214 could thereby stymie the 
implementation of the reciprocal agreement between the U.S. and 
China and disrupt travel of nationals between those two 
countries.
---------------------------------------------------------------------------
    \17\https://www.cbp.gov/travel/international-visitors/electronic-
visa-update-system-evus/
frequently-asked-questions
---------------------------------------------------------------------------
    H.R. 2214 Severely Curtails the President's Ability to use 
212(f) Authority in the Future Section 3 of H.R. 2214 removes 
the current 212(f) language and replaces it with more limiting 
language. Under H.R. 2214, the President may only exercise the 
authority to suspend the entry of aliens or any class of aliens 
if ``the Secretary of State, after consultation with the 
Secretary of Homeland Security, determines, based on specific 
and credible facts, that the entry of any aliens or of any 
class of aliens 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 . . .''\18\
---------------------------------------------------------------------------
    \18\Amendment in the Nature of a Substitute to H.R. 2214, as 
amended at markup, 116th Cong. (National Origin-Based 
Antidiscrimination for Nonimmigrants Act), at Sec. 3.
---------------------------------------------------------------------------
    Requiring the Secretary of State to make such a 
determination in consultation with the Secretary of Homeland 
Security is both over and underinclusive of the potential 
agencies with equities in any given decision to exercise 212(f) 
authority. For example, with respect to a 212(f) proclamation 
to suspend entry of certain aliens in the event of a disease 
outbreak--including coronavirus--the Centers for Disease 
Control would need to be consulted. If 212(f) authority is 
being used to implement visa sanctions against certain 
individuals with financial interests detrimental to the United 
States, the Treasury Department would need to be consulted. 
H.R. 2214 thus exhibits a misunderstanding of the appropriate 
uses of 212(f) authority.
    Rep. Biggs offered an amendment at markup to restore the 
authority to the President in consultation with relevant 
Cabinet members, instead of having the authority originate in a 
subordinate as H.R. 2214 would require. However, Democrats 
defeated the amendment.
    H.R. 2214 also provides that the authority can only be 
utilized if the entry of aliens would undermine the security or 
public safety of the United States or the preservation of human 
rights, democratic processes or institutions, or international 
stability, but the list of situations where a suspension on 
entry would be permitted is not comprehensive, and is 
underinclusive of potential scenarios or emergency situations 
that could confront the United States. For example, actions 
taken to protect U.S. businesses abroad, or to encourage 
foreign countries to comply with U.S. sanctions, would not 
appear to be permitted under the list of permissible reasons to 
use 212(f) authority in H.R. 2214.
    These provisions also misunderstand the utility of 212(f) 
authority, which is only one potential tool to achieve U.S. 
interests. Under H.R. 2214, if other sanctions are available, 
the President would be prohibited from utilizing 212(f) 
authority as it would not be ``the least restrictive means, to 
achieve such compelling government interest.'' With respect to 
issues of national security, the President should be empowered 
to use all available means necessary, not the least restrictive 
means possible.
    Rep. Biggs offered an amendment at markup to clarify that 
the President not be required to use the least restrictive 
means necessary when responding to issues implicating the 
national security of the United States. However, Democrats also 
defeated that amendment.
    Likewise, the provision mandating that the President 
announce the duration of a 212(f) suspension of entry is 
inapposite. Where such authority is being used to compel 
foreign actors to pursue a course of action favorable to the 
United States, the suspension of entry should remain in effect 
indefinitely until the foreign actor complies. Requiring the 
President to announce a date-certain will only permit a foreign 
actor hostile to the United States to wait out the suspension 
on entry--if it isn't enjoined first, of course.
    However, before the President can even exercise this new 
212(f) authority, the President, Secretary of State, and 
Secretary of Homeland Security must consult with Congress.\19\ 
Once the authority is exercised, the Secretaries of State and 
Homeland Security must provide a briefing and submit a written 
report to various House and Senate committees, and must update 
that report every 30 days or else the 212(f) authority 
terminates.\20\ H.R. 2214 doesn't provide for officials 
designated by those Cabinet-level officials to consult with 
Congress, which could lead to scheduling delays. Such a 
requirement for prior consultation is not conducive to a 
scenario requiring an emergency response, particularly where 
national security requires the swift issuance of travel 
restrictions.
---------------------------------------------------------------------------
    \19\Id.
    \20\Id.
---------------------------------------------------------------------------
    Furthermore, the 30-day ongoing reporting requirement--
which includes reporting required by Section 5 of the bill--is 
so onerous that it would require the relevant personnel to 
spend the majority of their time compiling these reports 
instead of working to ameliorate the conditions which led to 
the 212(f) proclamation in the first place. Thus, the reporting 
requirement could mean that--in the case of a proclamation 
similar to the travel restrictions on certain countries with 
poor identity management standards--a country stays in 
restricted status even longer, as the relevant U.S. government 
personnel are unable to spend their time assisting them in 
achieving compliance.
    H.R. 2214 further requires the Secretaries of State and 
Homeland Security to publish in the Federal Register an 
unclassified version of the report required to be submitted to 
Congress, which must include ``the action taken . . . and the 
specified objective of such action'' as well as ``the 
circumstances necessitating such action . . . as well as any 
intelligence informing such actions.''\21\ Administration 
officials have expressed concern that such a reporting 
requirement could limit the use of 212(f), as officials do not 
want to broadcast to the public the deficiencies they have 
identified, as those would then be exploited by bad actors 
seeking to harm those foreign countries or the United States. 
Such a requirement also invites further litigation pursuant to 
the judicial review provision, as a perceived violation of the 
publication requirement could lead to declaratory or injunctive 
relief.
---------------------------------------------------------------------------
    \21\Id. 
---------------------------------------------------------------------------

                  H.R. 2214 IS A RECIPE FOR LITIGATION

    H.R. 2214 imposes multiple vaguely worded requirements onto 
the exercise of this new 212(f) authority that appear designed 
to maximize potential litigation. The President is required to 
``only issue a suspension or restriction when required to 
address specific acts implicating a compelling government 
interest . . .'', ``specify the duration of the suspension or 
restriction'', and ``narrowly tailor the suspension or 
restriction, using the least restrictive means, to achieve such 
compelling government interest.''\22\ These provisions will be 
used to challenge 212(f) authority in federal court.
---------------------------------------------------------------------------
    \22\Id.
---------------------------------------------------------------------------
    In fact, H.R. 2214 provides an expansive judicial review 
provision in which any ``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'' 
and also explicitly allows class action lawsuits to 
proceed.\23\ What constitutes ``harm'' is not defined, which 
invites an expansive interpretation. For example, it is 
foreseeable that a hotel trade group could sue for an 
injunction arguing that their hotels are ``harmed'' by mere 
loss of revenue due to fewer travelers being admitted to the 
U.S. to stay in their hotels. Mere individualized ``harm'' 
shown by some individuals or special interest groups should not 
be a sufficient condition to override the President's 
determination that a suspension of entry is necessary in the 
interests of national security. Furthermore, there are 
constitutional considerations that have not been fully 
considered, as the judicial review provision arguably purports 
to give federal courts jurisdiction over decisions relating to 
foreign affairs, which are generally non-justiciable.\24\
---------------------------------------------------------------------------
    \23\Id.
    \24\See e.g. Goldwater v. Carter, 444 U.S. 996, 1004 (1979).
---------------------------------------------------------------------------
    H.R. 2214 requires that waivers be considered ``to any 
class based restriction or suspension'' and imposes ``a 
rebuttable presumption in favor of granting family based and 
humanitarian waivers.'' However, this provision is ripe for 
litigation, not only because there is a presumption in favor of 
granting the waiver, as the level of family relationship 
required is not defined, nor is what constitutes a 
``humanitarian'' purpose. Again, any individual in the United 
States who believes they are harmed--perhaps a distant relative 
of an alien denied entry under a 212(f) proclamation--can go to 
federal court to litigate, challenging the denial of a waiver.

                               CONCLUSION

    The President should continue to have the authority granted 
by section 212(f) of the Immigration and Nationality Act in 
order to safeguard the interests of the United States, 
especially in matters of national security. Insofar as H.R. 
2214 would not only eliminate the President's lawful--and 
appropriate--exercises of that authority, but would so curtail 
the future use of that authority by this President and any 
future president to the detriment of national security, I urge 
my colleagues to reject this bill.
            Signed,
                                              Doug Collins,
                                                    Ranking Member.