S. 744: Border Security, Economic Opportunity, and Immigration Modernization Act

113th Congress, 2013–2015. Text as of Apr 17, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

II

113th CONGRESS

1st Session

S. 744

IN THE SENATE OF THE UNITED STATES

April 17 (legislative day, April 16), 2013

(for himself, Mr. McCain, Mr. Durbin, Mr. Graham, Mr. Menendez, Mr. Rubio, Mr. Bennet, and Mr. Flake) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To provide for comprehensive immigration reform and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Border Security, Economic Opportunity, and Immigration Modernization Act .

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Statement of congressional findings.

Sec. 3. Effective date triggers.

Sec. 4. Southern Border Security Commission.

Sec. 5. Comprehensive Southern Border Security Strategy and Southern Border Fencing Strategy.

Sec. 6. Comprehensive Immigration Reform Trust Fund.

Sec. 7. Reference to the Immigration and Nationality Act.

Sec. 8. Definitions.

TITLE I—Border Security

Sec. 1101. Definitions.

Sec. 1102. Additional U.S. Customs and Border Protection officers.

Sec. 1103. National Guard support to secure the Southern border.

Sec. 1104. Enhancement of existing border security operations.

Sec. 1105. Border security on certain Federal land.

Sec. 1106. Equipment and technology.

Sec. 1107. Access to emergency personnel.

Sec. 1108. Southwest Border region prosecution initiative.

Sec. 1109. Interagency collaboration.

Sec. 1110. SCAAP reauthorization.

Sec. 1111. Use of force.

Sec. 1112. Training for border security and immigration enforcement officers.

Sec. 1113. Department of Homeland Security Border Oversight Task Force.

Sec. 1114. Immigration ombudsman.

Sec. 1115. Reports.

Sec. 1116. Severability.

TITLE II—Immigrant visas

Subtitle A—Registration and adjustment of registered provisional immigrants

Sec. 2101. Registered provisional immigrant status.

Sec. 2102. Adjustment of status of registered provisional immigrants.

Sec. 2103. The DREAM Act.

Sec. 2104. Additional requirements.

Sec. 2105. Criminal penalty.

Sec. 2106. Grant program to assist eligible applicants.

Sec. 2107. Conforming amendments to the Social Security Act.

Sec. 2108. Government contracting and acquisition of real property interest.

Sec. 2109. Long-term legal residents of the Commonwealth of the Northern Mariana Islands.

Sec. 2110. Rulemaking.

Sec. 2111. Statutory construction.

Subtitle B—Agricultural Worker Program

Sec. 2201. Short title.

Sec. 2202. Definitions.

Chapter 1—Program for earned status adjustment of agricultural workers

SUBCHAPTER A—Blue card status

Sec. 2211. Requirements for blue card status.

Sec. 2212. Adjustment to permanent resident status.

Sec. 2213. Use of information.

Sec. 2214. Reports on blue cards.

Sec. 2215. Authorization of appropriations.

SUBCHAPTER B—Correction of social security records

Sec. 2221. Correction of social security records.

Chapter 2—Nonimmigrant agricultural visa program

Sec. 2231. Nonimmigrant classification for nonimmigrant agricultural workers.

Sec. 2232. Establishment of nonimmigrant agricultural worker program.

Sec. 2233. Transition of H-2A worker program.

Sec. 2234. Reports to Congress on nonimmigrant agricultural workers.

Chapter 3—Other provisions

Sec. 2241. Rulemaking.

Sec. 2242. Reports to Congress.

Sec. 2243. Effective date.

Subtitle C—Future immigration

Sec. 2301. Merit-based points track one.

Sec. 2302. Merit-based track two.

Sec. 2303. Repeal of the diversity visa program.

Sec. 2304. World-wide levels and recapture of unused immigrant visas.

Sec. 2305. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives.

Sec. 2306. Numerical limitations on individual foreign states.

Sec. 2307. Allocation of immigrant visas.

Sec. 2308. V nonimmigrant visas.

Sec. 2309. Fiancée and fiancé child status protection.

Sec. 2310. Equal treatment for all stepchildren.

Sec. 2311. International adoption harmonization.

Sec. 2312. Relief for orphans, widows, and widowers.

Sec. 2313. Discretionary authority with respect to removal, deportation or inadmissibility of citizen and resident immediate family members.

Sec. 2314. Waivers of inadmissibility.

Sec. 2315. Continuous presence.

Sec. 2316. Global health care cooperation.

Sec. 2317. Extension and improvement of the Iraqi special immigrant visa program.

Sec. 2318. Extension and improvement of the Afghan special immigrant visa program.

Sec. 2319. Elimination of sunsets for certain visa programs.

Subtitle D—Conrad State 30 and physician access

Sec. 2401. Conrad State 30 Program.

Sec. 2402. Retaining physicians who have practiced in medically underserved communities.

Sec. 2403. Employment protections for physicians.

Sec. 2404. Allotment of Conrad 30 waivers.

Sec. 2405. Amendments to the procedures, definitions, and other provisions related to physician immigration.

Subtitle E—Integration

Sec. 2501. Definitions.

Chapter 1—Citizenship and New Americans

SUBCHAPTER A—Office of Citizenship and New Americans

Sec. 2511. Office of Citizenship and New Americans.

SUBCHAPTER B—Task Force on New Americans

Sec. 2521. Establishment.

Sec. 2522. Purpose.

Sec. 2523. Membership.

Sec. 2524. Functions.

Chapter 2—Public-private partnership

Sec. 2531. Establishment of United States Citizenship Foundation.

Sec. 2532. Funding.

Sec. 2533. Purposes.

Sec. 2534. Authorized activities.

Sec. 2535. Council of directors.

Sec. 2536. Powers.

Sec. 2537. Initial Entry, Adjustment, and Citizenship Assistance Grant Program.

Sec. 2538. Pilot program to promote immigrant integration at State and local levels.

Sec. 2539. Naturalization ceremonies.

Chapter 3—Funding

Sec. 2541. Authorization of appropriations.

Chapter 4—Reduce barriers to naturalization

Sec. 2551. Waiver of English requirement for senior new Americans.

Sec. 2552. Filing of applications not requiring regular internet access.

TITLE III—Interior enforcement

Subtitle A—Employment Verification System

Sec. 3101. Unlawful employment of unauthorized aliens.

Sec. 3102. Increasing security and integrity of social security cards.

Sec. 3103. Increasing security and integrity of immigration documents.

Sec. 3104. Responsibilities of the Social Security Administration.

Sec. 3105. Improved prohibition on discrimination based on national origin or citizenship status.

Sec. 3106. Rulemaking.

Subtitle B—Protecting United States workers

Sec. 3201. Protections for victims of serious violations of labor and employment law or crime.

Sec. 3202. Employment Verification System Education Funding.

Sec. 3203. Directive to the United States Sentencing Commission.

Sec. 3204. Confidentiality for victims of crime.

Subtitle C—Other provisions

Sec. 3301. Funding.

Sec. 3302. Effective date.

Sec. 3303. Mandatory exit system.

Sec. 3304. Identity-theft resistant manifest information for passengers, crew, and non-crew onboard departing aircraft and vessels.

Sec. 3305. Profiling.

Subtitle D—Asylum and refugee provisions

Sec. 3401. Time limits and efficient adjudication of genuine asylum claims.

Sec. 3402. Refugee family protections.

Sec. 3403. Clarification on designation of certain refugees.

Sec. 3404. Asylum determination efficiency.

Sec. 3405. Stateless persons in the United States.

Sec. 3406. U visa accessibility.

Sec. 3407. Representation at overseas refugee interviews.

Subtitle E—Shortage of immigration court resources for removal proceedings

Sec. 3501. Shortage of immigration court personnel for removal proceedings.

Sec. 3502. Improving immigration court efficiency and reducing costs by increasing access to legal information.

Sec. 3503. Office of Legal Access Programs.

Sec. 3504. Codifying Board of Immigration Appeals.

Sec. 3505. Improved training for immigration judges and Board Members.

Sec. 3506. Improved resources and technology for immigration courts and Board of Immigration Appeals.

Subtitle F—Prevention of trafficking in persons and abuses involving workers recruited abroad

Sec. 3601. Definitions.

Sec. 3602. Disclosure.

Sec. 3603. Prohibition on discrimination.

Sec. 3604. Recruitment fees.

Sec. 3605. Registration.

Sec. 3606. Bonding requirement.

Sec. 3607. Maintenance of lists.

Sec. 3608. Amendment to the Immigration and Nationality Act.

Sec. 3609. Responsibilities of Secretary of State.

Sec. 3610. Enforcement provisions.

Sec. 3611. Rule of construction.

Sec. 3612. Regulations.

Subtitle G—Interior enforcement

Sec. 3701. Criminal street gangs.

Sec. 3702. Banning habitual drunk drivers from the United States.

Sec. 3703. Sexual abuse of a minor.

Sec. 3704. Illegal entry.

Sec. 3705. Reentry of removed alien.

Sec. 3706. Penalties related to removal.

Sec. 3707. Reform of passport, visa, and immigration fraud offenses.

Sec. 3708. Combating schemes to defraud aliens.

Sec. 3709. Inadmissibility and removal for passport and immigration fraud offenses.

Sec. 3710. Directives related to passport and document fraud.

Sec. 3711. Inadmissible aliens.

Sec. 3712. Organized and abusive human smuggling activities.

Sec. 3713. Preventing criminals from renouncing citizenship during wartime.

Sec. 3714. Diplomatic security service.

Sec. 3715. Secure alternatives programs.

Sec. 3716. Oversight of detention facilities.

Sec. 3717. Procedures for bond hearings and filing of notices to appear.

Sec. 3718. Sanctions for countries that delay or prevent repatriation of their nationals.

Sec. 3719. Gross violations of human rights.

TITLE IV—Reforms to nonimmigrant visa programs

Subtitle A—Employment-based nonimmigrant visas

Sec. 4101. Market-based H–1B visa limits.

Sec. 4102. Employment authorization for dependents of employment-based nonimmigrants.

Sec. 4103. Eliminating impediments to worker mobility.

Sec. 4104. STEM Education and Training.

Subtitle B—H–1B visa fraud and abuse protections

Chapter 1—H–1B Employer Application Requirements

Sec. 4211. Modification of application requirements.

Sec. 4212. Requirements for admission of nonimmigrant nurses in health professional shortage areas.

Sec. 4213. New application requirements.

Sec. 4214. Application review requirements.

Chapter 2— Investigation and Disposition of Complaints Against H–1B Employers

Sec. 4221. General modification of procedures for investigation and disposition.

Sec. 4222. Investigation, working conditions, and penalties.

Sec. 4223. Initiation of investigations.

Sec. 4224. Information sharing.

Chapter 3—Other protections

Sec. 4231. Posting available positions through the Department of Labor.

Sec. 4232. H–1B government authority and requirements.

Sec. 4233. Requirements for information for H–1B and L nonimmigrants.

Sec. 4234. Filing fee for H–1B-dependent employers.

Sec. 4235. Providing premium processing of employment-based visa petitions.

Sec. 4236. Technical correction.

Sec. 4237. Application.

Subtitle C—L visa fraud and abuse protections

Sec. 4301. Prohibition on outplacement of L nonimmigrants.

Sec. 4302. L employer petition requirements for employment at new offices.

Sec. 4303. Cooperation with Secretary of State.

Sec. 4304. Limitation on employment of L nonimmigrants.

Sec. 4305. Filing fee for L nonimmigrants.

Sec. 4306. Investigation and disposition of complaints against L nonimmigrant employers.

Sec. 4307. Penalties.

Sec. 4308. Prohibition on retaliation against L nonimmigrants.

Sec. 4309. Reports on L nonimmigrants.

Sec. 4310. Application.

Sec. 4311. Report on L blanket petition process.

Subtitle D—Other nonimmigrant visas

Sec. 4401. Nonimmigrant visas for students.

Sec. 4402. Classification for specialty occupation workers from free trade countries.

Sec. 4403. E–visa reform.

Sec. 4404. Other changes to nonimmigrant visas.

Sec. 4405. Treatment of nonimmigrants during adjudication of application.

Sec. 4406. Nonimmigrant elementary and secondary school students.

Subtitle E—JOLT Act

Sec. 4501. Short titles.

Sec. 4502. Premium processing.

Sec. 4503. Encouraging Canadian tourism to the United States.

Sec. 4504. Retiree visa.

Sec. 4505. Incentives for foreign visitors visiting the United States during low peak seasons.

Sec. 4506. Visa waiver program enhanced security and reform.

Sec. 4507. Expediting entry for priority visitors.

Sec. 4508. Visa processing.

Subtitle F—Reforms to the H–2B Visa Program

Sec. 4601. Extension of returning worker exemption to H–2B numerical limitation.

Sec. 4602. Other requirements for H–2B employers.

Sec. 4603. Nonimmigrants participating in relief operations.

Sec. 4604. Nonimmigrants performing maintenance on common carriers.

Subtitle G—W nonimmigrant visas

Sec. 4701. Bureau of Immigration and Labor Market Research.

Sec. 4702. Nonimmigrant classification for W nonimmigrants.

Sec. 4703. Admission of W nonimmigrant workers.

Subtitle H—Investing in new venture, entrepreneurial startups, and technologies

Sec. 4801. Nonimmigrant INVEST visas.

Sec. 4802. INVEST immigrant visa.

Sec. 4803. Administration and oversight.

2.

Statement of congressional findings

Congress makes the following findings:

(1)

The passage of this Act recognizes that the primary tenets of its success depend on securing the sovereignty of the United States of America and establishing a coherent and just system for integrating those who seek to join American society.

(2)

We have a right, and duty, to maintain and secure our borders, and to keep our country safe and prosperous. As a nation founded, built and sustained by immigrants we also have a responsibility to harness the power of that tradition in a balanced way that secures a more prosperous future for America.

(3)

We have always welcomed newcomers to the United States and will continue to do so. But in order to qualify for the honor and privilege of eventual citizenship, our laws must be followed. The world depends on America to be strong — economically, militarily and ethically. The establishment of a stable, just and efficient immigration system only supports those goals. As a nation, we have the right and responsibility to make our borders safe, to establish clear and just rules for seeking citizenship, to control the flow of legal immigration, and to eliminate illegal immigration, which in some cases has become a threat to our national security.

(4)

All parts of this Act are premised on the right and need of the United States to achieve these goals, and to protect its borders and maintain its sovereignty.

3.

Effective date triggers

(a)

Definitions

In this section:

(1)

Commission

The term Commission means the Southern Border Security Commission established pursuant to section 4.

(2)

Comprehensive southern border security strategy

The term Comprehensive Southern Border Security Strategy means the strategy established by the Secretary pursuant to section 5(a) to achieve and maintain an effectiveness rate of 90 percent or higher in all high risk border sectors.

(3)

Effective control

The term effective control means the ability to achieve and maintain, in a Border Patrol sector—

(A)

persistent surveillance; and

(B)

an effectiveness rate of 90 percent or higher.

(4)

Effectiveness rate

The effectiveness rate, in the case of a border sector, is the percentage calculated by dividing the number of apprehensions and turn backs in the sector during a fiscal year by the total number of illegal entries in the sector during such fiscal year.

(5)

High risk border sector

The term high risk border sector means a border sector in which more than 30,000 individuals were apprehended during the most recent fiscal year.

(6)

Southern border

The term Southern border means the international border between the United States and Mexico.

(7)

Southern border fencing strategy

The term Southern Border Fencing Strategy means the strategy established by the Secretary pursuant to section 5(b) that identifies where fencing, including double-layer fencing, should be deployed along the Southern border.

(b)

Border security goal

The Department's border security goal is to achieve and maintain effective control in high risk border sectors along the Southern border.

(c)

Triggers

(1)

Processing of applications for registered provisional immigrant status

Not earlier than the date upon which the Secretary has submitted to Congress the Notice of Commencement of implementation of the Comprehensive Southern Border Security Strategy and the Southern Border Fencing Strategy under section 5 of this Act, the Secretary may commence processing applications for registered provisional immigrant status pursuant to section 245B of the Immigration and Nationality Act, as added by section 2101 of this Act.

(2)

Adjustment of status of registered provisional immigrants

(A)

In general

Except as provided in subparagraph (B), the Secretary may not adjust the status of aliens who have been granted registered provisional immigrant status, except for aliens granted agriculture card status under section 2201 of this Act or described in section 245D(b) of the Immigration and Nationality Act, until the Secretary, after consultation with the Comptroller General of the United States, submits to the President and Congress a written certification that—

(i)

the Comprehensive Southern Border Security Strategy has been submitted to Congress and is substantially deployed and substantially operational;

(ii)

the Southern Border Fencing Strategy has been submitted to Congress, implemented, and is substantially completed;

(iii)

the Secretary has implemented a mandatory employment verification system to be used by all employers to prevent unauthorized workers from obtaining employment in the United States; and

(iv)

the Secretary is using an electronic exit system at air and sea ports of entry that operates by collecting machine-readable visa or passport information from air and vessel carriers.

(B)

Exception

The Secretary shall permit registered provisional immigrants to apply for an adjustment to lawful permanent resident status if—

(i)
(I)

litigation or a force majeure has prevented one or more of the conditions described in clauses (i) through (iv) of subparagraph (A) from being implemented; or

(II)

the implementation of subparagraph (A) has been held unconstitutional by the Supreme Court of the United States or the Supreme Court has granted certiorari to the litigation on the constitutionality of implementation of subparagraph (A); and

(ii)

10 years have elapsed since the date of the enactment of this Act.

(d)

Waiver of legal requirements necessary for improvement at borders

Notwithstanding any other provision of law, the Secretary is authorized to waive all legal requirements that the Secretary determines to be necessary to ensure expeditious construction of the barriers, roads, or other physical tactical infrastructure needed to fulfill the requirements under this section. Any determination by the Secretary under this section shall be effective upon publication in the Federal Register.

(e)

Federal court review

(1)

In general

The district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary under subsection (d). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court does not have jurisdiction to hear any claim not specified in this paragraph.

(2)

Time for filing complaint

If a cause or claim under paragraph (1) is not filed within 60 days after the date of the contested action or decision by the Secretary, the claim shall be barred.

(3)

Appellate review

An interlocutory or final judgment, decree, or order of the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States.

4.

Southern Border Security Commission

(a)

Establishment

If Secretary certifies that the Department has not achieved effective control in all high risk border sectors during any fiscal year beginning before the date that is 5 years after the date of the enactment of this Act, not later than 60 days after the date of the certification there shall be established a commission to be known as the Southern Border Security Commission (referred to in this section as the Commission).

(b)

Composition

(1)

In general

The Commission shall be composed of—

(A)

2 members who shall be appointed by the President;

(B)

2 members who shall be appointed by the President pro tempore of the Senate, of which—

(i)

1 shall be appointed upon the recommendation of the leader in the Senate of the political party that is not the political party of the President; and

(ii)

1 shall be appointed upon the recommendation of the leader in the Senate of the other political party;

(C)

2 members who shall be appointed by the Speaker of the House of Representatives, of which—

(i)

1 shall be appointed upon the recommendation of the leader in the House of Representatives of the political party that is not the political party of the President; and

(ii)

1 shall be appointed upon the recommendation of the leader in the House of Representatives of the other political party; and

(D)

4 members, consisting of 1 member from each of the States along the Southern border, who shall be—

(i)

the Governor of such State; or

(ii)

appointed by the Governor of each such State.

(2)

Qualification for appointment

Appointed members of the Commission shall be distinguished individuals noted for their knowledge and experience in the field of border security at the Federal, State, or local level.

(3)

Time of appointment

The appointments required by paragraph (1) shall be made not later than 60 days after the Secretary makes a certification described in subsection (a).

(4)

Chair

At the first meeting of the Commission, a majority of the members of the Commission present and voting shall elect the Chair of the Commission.

(5)

Vacancies

Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made.

(6)

Rules

The Commission shall establish the rules and procedures of the Commission which shall require the approval of at least 6 members of the Commission.

(c)

Duties

The Commission's primary responsibility shall be making recommendations to the President, the Secretary, and Congress on policies to achieve and maintain the border security goal specified in section 3(b) by achieving and maintaining—

(1)

the capability to engage in, and to engage in, persistent surveillance in high risk border sectors along the Southern border; and

(2)

an effectiveness rate of 90 percent or higher in all high risk border sectors along the Southern border.

(d)

Report

Not later than 180 days after the end of the 5-year period described in subsection (a), the Commission shall submit to the President, the Secretary, and Congress a report setting forth specific recommendations for policies for achieving and maintaining the border security goals specified in subsection (c). The report shall include, at a minimum, recommendations for the personnel, infrastructure, technology, and other resources required to achieve and maintain an effectiveness rate of 90 percent or higher in all high risk border sectors.

(e)

Travel expenses

Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

(f)

Administrative support

The Secretary shall provide the Commission such staff and administrative services as may be necessary and appropriate for the Commission to perform its functions. Any employee of the executive branch of Government may be detailed to the Commission without reimbursement to the agency of that employee and such detail shall be without interruption or loss of civil service or status or privilege.

(g)

Comptroller General review

The Comptroller General of the United States shall review the recommendations in the report submitted under subsection (d) in order to determine—

(1)

whether any of the recommendations are likely to achieve effective control in all high risk border sectors;

(2)

which recommendations are most likely to achieve effective control; and

(3)

whether such recommendations are feasible within existing budget constraints.

(h)

Termination

The Commission shall terminate 30 days after the date on which the report is submitted under subsection (d).

5.

Comprehensive Southern Border Security Strategy and Southern Border Fencing Strategy

(a)

Comprehensive Southern Border Security Strategy

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a strategy, to be known as the Comprehensive Southern Border Security Strategy, for achieving and maintaining effective control between the ports of entry in all high risk border sectors along the Southern border, to—

(A)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(B)

the Committee on Homeland Security of the House of Representatives;

(C)

the Committee on Appropriations of the Senate;

(D)

the Committee on Appropriations of the House of Representatives; and

(E)

the Comptroller General of the United States.

(2)

Elements

The Comprehensive Southern Border Security Strategy shall specify—

(A)

the priorities that must be met for the strategy to be successfully executed;

(B)

the capabilities that must be obtained to meet each of the priorities referred to in subparagraph (A), including—

(i)

surveillance and detection capabilities developed or used by the Department of Defense to increase situational awareness; and

(ii)

the requirement for stationing sufficient Border Patrol agents and Customs and Border Protection officers at and between ports of entry along the Southern border; and

(C)

the resources, including personnel, infrastructure, and technology that must be procured and successfully deployed to obtain the capabilities referred to in subparagraph (B), including—

(i)

fixed, mobile, and agent portable surveillance systems; and

(ii)

unarmed, unmanned aerial systems and unarmed, fixed-wing aircraft and necessary and qualified staff and equipment to fully utilize such systems.

(3)

Additional elements regarding execution

The Comprehensive Southern Border Security Strategy shall describe—

(A)

how the resources referred to in paragraph (2)(C) will be properly aligned with the priorities referred to in paragraph (2)(A) to ensure that the strategy will be successfully executed;

(B)

the interim goals that must be accomplished to successfully implement the strategy; and

(C)

the schedule and supporting milestones under which the Department will accomplish the interim goals referred to in subparagraph (B).

(4)

Implementation

(A)

In general

The Secretary shall commence the implementation of the Comprehensive Southern Border Security Strategy immediately after submitting the strategy under paragraph (1).

(B)

Notice of commencement

Upon commencing the implementation of the strategy, the Secretary shall submit a notice of commencement of such implementation to—

(i)

Congress; and

(ii)

the Comptroller General of the United States.

(5)

Semiannual reports

(A)

In general

After the Comprehensive Southern Border Security Strategy is submitted under paragraph (1),the Secretary shall submit, not later than May 15 and November 15 of each year, a report on the status of the Department's implementation of the strategy to—

(i)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(ii)

the Committee on Homeland Security of the House of Representatives;

(iii)

the Committee on Appropriations of the Senate; and

(iv)

the Committee on Appropriations of the House of Representatives.

(B)

Elements

Each report submitted under subparagraph (A) shall include—

(i)

a detailed description of the steps the Department has taken, or plans to take, to execute the strategy submitted under paragraph (1), including the progress made toward achieving the interim goals and milestone schedule established pursuant to subparagraphs (B) and (C) of paragraph (3);

(ii)

a detailed description of—

(I)

any impediments identified in the Department's efforts to execute the strategy;

(II)

the actions the Department has taken, or plans to take, to address such impediments; and

(III)

any additional measures developed by the Department to measure the state of security along the Southern border; and

(iii)

for each Border Patrol sector along the Southern border—

(I)

the effectiveness rate for each individual Border Patrol sector and the aggregated effectiveness rate;

(II)

the number of recidivist apprehensions, sorted by Border Patrol sector; and

(III)

the recidivism rate for all unique subjects that received a criminal consequence through the Consequence Delivery System process.

(b)

Southern Border Fencing Strategy

(1)

Establishment

Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a strategy, to be known as the Southern Border Fencing Strategy, to identify where fencing, including double-layer fencing, infrastructure, and technology should be deployed along the Southern border.

(2)

Submittal

The Secretary shall submit the Southern Border Fencing Strategy to Congress and the Comptroller General of the United States for review.

(3)

Notice of commencement

Upon commencing the implementation of the Southern Border Fencing Strategy, the Secretary shall submit a notice of commencement of the implementation of the Strategy to Congress and the Comptroller General of the United States.

6.

Comprehensive Immigration Reform Trust Fund

(a)

Comprehensive Immigration Reform Trust Fund

(1)

Establishment

There is established in the Treasury a separate account, to be known as the Comprehensive Immigration Reform Trust Fund (referred to in this section as the Trust Fund), consisting of—

(A)

amounts transferred from the general fund of the Treasury under paragraph (2)(A); and

(B)

proceeds from the fees described in paragraph (2)(B).

(2)

Deposits

(A)

Initial funding

On the later of the date of the enactment of this Act or October 1, 2013, $6,500,000,000 shall be transferred from the general fund of the Treasury to the Trust Fund.

(B)

Start-up costs

On the later of the date of the enactment of this Act or October 1, 2013, $100,000,000 is hereby appropriated from the general fund of the Treasury, to remain available until September 30, 2015, to the Department to pay for one-time and startup costs necessary to implement this Act ,

(C)

Ongoing funding

In addition to the funding described in subparagraph (A), the following amounts shall be deposited in the trust fund:

(i)

Electronic travel authorization system fees

75 percent of the fees collected under section 217(h)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)).

(ii)

J–1 visa mitigation fees

Mitigation fees collected from employers who employ aliens described in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) through the Summer Work Travel Program.

(iii)

H–1B visa fees

Fees collected from employers hiring nonimmigrants described in section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(15)(H)(i)(b)).

(iv)

L–1 visa fees

Fees collected under section 214(c)(12) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(12) from employers hiring a nonimmigrant described in section 101(a)(15)(L) of such Act (8 U.S.C. 1101(a)(15)(L)).

(v)

H–2B visa fees

Fees collected from employers hiring nonimmigrants described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(15)(H)(i i)(b)) in the amount of $500 under section 214 of the Immigration and Nationality Act (8 U.S.C. 1184).

(vi)

F–1 visa fees

Fees collected for nonimmigrants admitted under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) in the amount of $500 under section 214 of the Immigration and Nationality Act (8 U.S.C. 1184)

(vii)

Visitor visa fees

Amend Section 214 to add a $5 fee for visitor visas 101(a)(15)(B).

(viii)

Merit system green card fees

Include the fee charged in the document to get a merit system green card.

(ix)

Other aliens

An alien who is allocated a visa under section 211 shall pay a fee of $1,500.

(x)

Penalty

Penalties collected from applicants for provisional immigrant status under section 245B(c)(9)(C) of the Immigration and Nationality Act, as added by section 2101 of this Act.

(xi)

H-1b nonimmigrant dependent employer fees

Fees collected under section 423(a)(2).

(xii)

H–1B outplacement fee

Fees collected under section 212(n)(1)(F)(ii) of the Immigration and Nationality Act, as amended by section 4201(d).

(xiii)

L nonimmigrant dependent employer fees

Fees collected under section 435(a)(2).

(xiv)

Retiree visa fees

Fees collected under section 101(a)(15)(Y) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Y)).

(xv)

Nonimmigrants performing maintenance on common carriers

Fees collected under subsection (z) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), as added by section 4604.

(3)

Use of funds

(A)

Initial funding

Of the amounts transferred to the Trust Fund pursuant to paragraph (2)(A)

(i)

$3,000,000,000 shall be made available to the Secretary, during the 5-year period beginning on the date of the enactment of this Act, to carry out the Comprehensive Southern Border Security Strategy;

(ii)

$2,000,000,000 shall be made available to the Secretary, during the 10-year period beginning on the date of the enactment of this Act, to carry out programs, projects, and activities recommended by the Commission pursuant to section 4(c) to achieve and maintain the border security goal specified in section 3(b); and

(iii)

$1,500,000,000 shall be made available to the Secretary, during the 5-year period beginning on the date of the enactment of this Act, to procure and deploy additional fencing in high-risk border sectors in accordance with the Southern Border Fencing Strategy established pursuant to section 5(b).

(B)

Ongoing funding

Of the amounts deposited into the Trust Fund pursuant to paragraph (2)(B)

(i)

$50,000,000 shall be available during each of the fiscal years 2014 through 2018 to carry out the activities described in section 1104(a)(1); and

(ii)

$50,000,000 shall be available during each of the fiscal years 2014 through 2018 to carry out the activities described in section 1104(b).

(b)

Limitation on collection

No fee described in paragraph (2)(B) may be collected under this Act except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act.

(c)

Receipts collected as offsetting receipts

Notwithstanding section 3302 of title 31, United States Code, any fee collected under this Act—

(1)

shall be credited as offsetting collections to the Trust Fund;

(2)

shall be available for expenditure only to pay the costs of activities and services authorized from the Trust Fund; and

(3)

shall remain available until expended.

(d)

Determination of budgetary effects

(1)

Emergency designation for congressional enforcement

In the Senate, amounts made available under this section are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

(2)

Emergency designation for statutory PAYGO

Amounts made available under this section are designated as an emergency requirement under section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( Public Law 111–139 ; 2 U.S.C. 933(g)).

7.

Reference to the Immigration and Nationality Act

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ).

8.

Definitions

In this Act:

(1)

Department

Except as otherwise provided, the term Department means the Department of Homeland Security.

(2)

Secretary

Except as otherwise provided, the term Secretary means the Secretary of Homeland Security.

I

Border Security

1101.

Definitions

In this title:

(1)

Rural, high-trafficked areas

The term rural, high-trafficked areas means rural areas through which drugs and undocumented aliens are routinely smuggled, as designated by the Commissioner of U.S. Customs and Border Protection.

(2)

Southern border

The term Southern border means the international border between the United States and Mexico.

(3)

Southwest border region

The term Southwest border region means the area in the United States that is within 100 miles of the Southern border.

1102.

Additional U.S. Customs and Border Protection officers

(a)

In general

Not later than September 30, 2017, the Secretary shall increase the number of trained U.S. Customs and Border Protection officers by 3,500, compared to the number of such officers as of the date of the enactment of this Act. The Secretary shall make progress in increasing such number of officers during each of the fiscal years 2014 through 2017.

(b)

Construction

Nothing in subsection (a) may be interpreted to preclude the Secretary from reassigning or stationing U.S. Customs and Border protection officers and agents from the Northern border to the Southern border.

(c)

Funding

There are authorized to be appropriated, from the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1), such sums as may be necessary to carry out this section .

1103.

National Guard support to secure the Southern border

(a)

In general

With the approval of the Secretary of Defense, the Governor of a State may order any units or personnel of the National Guard of such State to perform operations and missions under section 502(f) of title 32, United States Code, in the Southwest Border region for the purposes of assisting U.S. Customs and Border Protection in securing the Southern border.

(b)

Assignment of operations and missions

(1)

In general

National Guard units and personnel deployed under subsection (a) may be assigned such operations and missions specified in subsection (c) as may be necessary to secure the Southern border.

(2)

Nature of duty

The duty of National Guard personnel performing operations and missions described in paragraph (1) shall be full-time duty under title 32, United States Code.

(c)

Range of operations and missions

The operations and missions assigned under subsection (b) shall include the temporary authority—

(1)

to construct fencing, including double-layer and triple-layer fencing;

(2)

to increase ground-based mobile surveillance systems;

(3)

to deploy additional unmanned aerial systems and manned aircraft sufficient to maintain continuous surveillance of the Southern Border;

(4)

to deploy and provide capability for radio communications interoperability between U.S. Customs and Border Protection and State, local, and tribal law enforcement agencies;

(5)

to construct checkpoints along the Southern border to bridge the gap to long-term permanent checkpoints; and

(6)

to provide assistance to U.S. Customs and Border Protection, particularly in rural, high-trafficked areas, as designated by the Commissioner of U.S. Customs and Border Protection.

(d)

Materiel and logistical support

The Secretary of Defense shall deploy such materiel and equipment and logistical support as may be necessary to ensure success of the operations and missions conducted by the National Guard under this section.

(e)

Exclusion from National Guard personnel strength limitations

National Guard personnel deployed under subsection (a) shall not be included in—

(1)

the calculation to determine compliance with limits on end strength for National Guard personnel; or

(2)

limits on the number of National Guard personnel that may be placed on active duty for operational support under section 115 of title 10, United States Code.

1104.

Enhancement of existing border security operations

(a)

Border crossing prosecutions

(1)

In general

The Secretary, acting through the Commissioner, U.S. Customs and Border Protection, shall—

(A)

increase the number of border crossing prosecutions in the Tucson Sector of the Southwest Border region to up to 210 prosecutions per day by increasing the funding available for—

(i)

attorneys and administrative support staff in the Tucson United States Attorney Office;

(ii)

support staff and interpreters in the Tucson Court Clerks Office;

(iii)

pre-trial services;

(iv)

activities of the Tucson Federal Public Defenders Office; and

(v)

additional marshals in the Tucson United States Marshals Office to perform intake, coordination, transportation, and court security; and

(B)

reimburse State, local, and tribal law enforcement agencies for any detention costs related to the border crossing prosecutions carried out pursuant to subparagraph (A).

(2)

Additional magistrate judges to assist with increased caseload

The chief judge of the United States District Court for the District of Arizona is authorized to appoint additional full-time magistrate judges, who, consistent with the Constitution and laws of the United States, shall have the authority to hear cases and controversies in the judicial district in which the respective judges are appointed.

(3)

Funding

There are authorized to be appropriated, from the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1), such sums as may be necessary to carry out this subsection .

(b)

Operation Stonegarden

(1)

In general

The Federal Emergency Management Agency shall enhance law enforcement preparedness and operational readiness along the borders of the United States through Operation Stonegarden. The amounts available under this paragraph are in addition to any other amounts otherwise made available for Operation Stonegarden. Not less than 90 percent of the amounts made available under section 5(a)(3)(B)(ii) shall be allocated for grants and reimbursements to law enforcement agencies in the States in the Southwest Border region for personnel, overtime, travel, and other costs related to illegal immigration and drug smuggling in the Southwest Border region.

(2)

Funding

There are authorized to be appropriated, from the amounts made available under section 6(a)(3)(A)(i) , such sums as may be necessary to carry out this subsection .

(c)

Infrastructure improvements

(1)

Border patrol stations

The Secretary shall—

(A)

construct additional Border Patrol stations in the Southwest Border region that U.S. Border Patrol determines are needed to provide full operational support in rural, high-trafficked areas; and

(B)

analyze the feasibility of creating additional Border Patrol sectors along the Southern border to interrupt drug trafficking operations.

(2)

Forward operating bases

The Secretary shall enhance the security of the Southwest Border region by—

(A)

establishing additional permanent forward operating bases for the Border Patrol, as needed;

(B)

upgrading the existing forward operating bases to include modular buildings, electricity, and potable water; and

(C)

ensuring that forward operating bases surveil and interdict individuals entering the United States unlawfully immediately after such individuals cross the Southern border.

(3)

Authorization of appropriations

There is authorized to be appropriated for each of fiscal years 2014 through 2018 such sums as may be necessary to carry out this subsection .

1105.

Border security on certain Federal land

(a)

Definitions

In this section:

(1)

Federal lands

The term Federal lands includes all land under the control of the Secretary concerned that is located within the Southwest border region in the State of Arizona along the international border between the United States and Mexico.

(2)

Secretary concerned

The term Secretary concerned means—

(A)

with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(B)

with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

(b)

Support for border security needs

To achieve effective control of Federal lands—

(1)

the Secretary concerned, notwithstanding any other provision of law, shall authorize and provide U.S. Customs and Border Protection personnel with immediate access to Federal lands for security activities, including—

(A)

routine motorized patrols; and

(B)

the deployment of communications, surveillance, and detection equipment;

(2)

the security activities described in paragraph (1) shall be conducted, to the maximum extent practicable, in a manner that the Secretary determines will best protect the natural and cultural resources on Federal lands; and

(3)

the Secretary concerned may provide education and training to U.S. Customs and Border Protection on the natural and cultural resources present on individual Federal land units.

(c)

Programmatic environmental impact statement

(1)

In general

After implementing subsection (b), the Secretary, in consultation with the Secretaries concerned, shall prepare and publish in the Federal Register a notice of intent to prepare a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to analyze the impacts of the activities described in subsection (b).

(2)

Effect on processing application and special use permits

The pending completion of a programmatic environmental impact statement under this section shall not result in any delay in the processing or approving of applications or special use permits by the Secretaries concerned for the activities described in subsection (b).

(3)

Amendment of land use plans

The Secretaries concerned shall amend any land use plans, as appropriate, upon completion of the programmatic environmental impact statement described in subsection (b).

(4)

Scope of programmatic environmental impact statement

The programmatic environmental impact statement described in paragraph (1)

(A)

may be used to advise the Secretary on the impact on natural and cultural resources on Federal lands; and

(B)

shall not control, delay, or restrict actions by the Secretary to achieve effective control on Federal lands.

(d)

Intermingled State and private land

This section shall not apply to any private or State-owned land within the boundaries of Federal lands.

1106.

Equipment and technology

(a)

Enhancements

The Commissioner of U.S. Customs and Border Protection, working through U.S. Border Patrol, shall—

(1)

deploy additional mobile, video, and agent-portable surveillance systems, and unmanned aerial vehicles in the Southwest Border region as necessary to provide 24-hour operation and surveillance;

(2)

operate unarmed unmanned aerial vehicles along the Southern border for 24 hours per day and for 7 days per week;

(3)

deploy unarmed additional fixed-wing aircraft and helicopters along the Southern border;

(4)

acquire new rotocraft and make upgrades to the existing helicopter fleet; and

(5)

increase horse patrols in the Southwest Border region.

(b)

Authorization of appropriations

In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated to U.S. Customs and Border Protection such sums as may be necessary to carry out subsection (a) during fiscal years 2014 through 2018 .

1107.

Access to emergency personnel

(a)

Southwest border region emergency communications grants

(1)

In general

The Secretary, in consultation with the governors of the States in the Southwest Border region, shall establish a 2-year grant program, to be administered by the Secretary, to improve emergency communications in the Southwest Border region.

(2)

Eligibility for grants

An individual is eligible to receive a grant under this subsection if the individual demonstrates that he or she—

(A)

regularly resides or works in the Southwest Border region;

(B)

is at greater risk of border violence due to the lack of cellular service at his or her residence or business and his or her proximity to the Southern border.

(3)

Use of grants

Grants awarded under this subsection may be used to purchase satellite telephone communications systems and service that—

(A)

can provide access to 9–1–1 service; and

(B)

are equipped with global positioning systems.

(4)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to carry out the grant program established under this subsection.

(b)

Interoperable communications for law enforcement

(1)

Federal law enforcement

There are authorized to be appropriated, to the Department, the Department of Justice, and the Department of the Interior, during the 5-year period beginning on the date of the enactment of this Act, such sums as may be necessary—

(A)

to purchase, through a competitive procurement process, P25-compliant radios, which may include a multi-band option, for Federal law enforcement agents working in the Southwest Border region in support of the activities of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, including law enforcement agents of the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of the Interior, and the Forest Service; and

(B)

to upgrade, through a competitive procurement process, the communications network of the Department of Justice to ensure coverage and capacity, particularly when immediate access is needed in times of crisis, in the Southwest Border region for appropriate law enforcement personnel of the Department of Justice (including the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives), the Department (including U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection), the United States Marshals Service, other Federal agencies, the State of Arizona, tribes, and local governments.

(2)

State and local law enforcement

(A)

Authorization of appropriations

There is authorized to be appropriated to the Department of Justice, during the 5-year period beginning on the date of the enactment of this Act, such sums as may be necessary to purchase, through a competitive procurement process, P25-compliant radios, which may include a multi-band option, for State and local law enforcement agents working in the Southwest Border region.

(B)

Access to Federal spectrum

If a State, tribal, or local law enforcement agency in the Southwest Border region experiences an emergency situation that necessitates immediate communication with the Department of Justice, the Department, the Department of the Interior, or any of their respective subagencies, such law enforcement agency shall have access to the spectrum assigned to such Federal agency for the duration of such emergency situation.

1108.

Southwest Border region prosecution initiative

(a)

Reimbursement to State and local prosecutors for federally initiated criminal cases

The Attorney General shall reimburse State, county, tribal, and municipal governments for costs associated with the prosecution and pre-trial detention of Federally initiated criminal cases declined by local offices of the United States Attorneys.

(b)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to carry out subsection (a) during fiscal years 2014 through 2018 .

1109.

Interagency collaboration

The Assistant Secretary of Defense for Research and Engineering shall collaborate with the Under Secretary of Homeland Security for Science and Technology to identify equipment and technology used by the Department of Defense that could be used by U.S. Customs and Border Protection to improve the security of the Southern border by—

(1)

detecting border tunnels;

(2)

detecting the use of ultralight aircraft;

(3)

enhancing wide aerial surveillance; and

(4)

otherwise improving the enforcement of such border.

1110.

SCAAP reauthorization

Section 241(i)(5)(C) ( 8 U.S.C. 1231(i)(5) ) is amended by striking 2011 and inserting 2015.

1111.

Use of force

Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, shall issue policies governing the use of force by all Department personnel that—

(1)

require all Department personnel to report each use of force; and

(2)

establish procedures for—

(A)

accepting and investigating complaints regarding the use of force by Department personnel;

(B)

disciplining Department personnel who violate any law or Department policy relating to the use of force; and

(C)

reviewing all uses of force by Department personnel to determine whether the use of force—

(i)

complied with Department policy; or

(ii)

demonstrates the need for changes in policy, training, or equipment.

1112.

Training for border security and immigration enforcement officers

(a)

In general

The Secretary shall ensure that U.S. Customs and Border Protection officers, U.S. Border Patrol officers, U.S. Immigration and Customs Enforcement agents, and agriculture specialists stationed within 100 miles of any land or marine border of the United States or at any United States port of entry receive appropriate training, which shall be prepared in collaboration with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, in—

(1)

identifying and detecting fraudulent travel documents;

(2)

civil, constitutional, human, and privacy rights of individuals;

(3)

the scope of enforcement authorities, including interrogations, stops, searches, seizures, arrests, and detentions;

(4)

the use of force policies issued by the Secretary pursuant to section 1111;

(5)

immigration laws, including screening, identifying, and addressing vulnerable populations, such as children, victims of crime and human trafficking, and individuals fleeing persecution or torture;

(6)

social and cultural sensitivity toward border communities;

(7)

the impact of border operations on communities; and

(8)

any particular environmental concerns in a particular area.

(b)

Training for border community liaison officers

The Secretary shall ensure that border communities liaison officers in Border Patrol sectors along the international borders between the United States and Mexico and between the United States and Canada receive training to better—

(1)

act as a liaison between border communities and the Office for Civil Rights and Civil Liberties of the Department and the Civil Rights Division of the Department of Justice;

(2)

foster and institutionalize consultation with border communities;

(3)

consult with border communities on Department programs, policies, strategies, and directives; and

(4)

receive Department performance assessments from border communities.

1113.

Department of Homeland Security Border Oversight Task Force

(a)

Establishment

(1)

In general

There is established an independent task force, which shall be known as the Department of Homeland Security Border Oversight Task Force (referred to in this section as the DHS Task Force).

(2)

Duties

The DHS Task Force shall—

(A)

review and make recommendations regarding immigration and border enforcement policies, strategies, and programs that take into consideration their impact on border communities;

(B)

recommend ways in which the Border Communities Liaison Offices can strengthen relations and collaboration between communities in the border regions and the Department, the Department of Justice, and other Federal agencies that carry out such policies, strategies, and programs;

(C)

evaluate how the policies, strategies, and programs of Federal agencies operating along the international borders between the United States and Mexico and between the United States and Canada protect the due process, civil, and human rights of border residents, visitors, and migrants at and near such borders; and

(D)

evaluate and make recommendations regarding the training of border enforcement personnel described in section 1112.

(3)

Membership

(A)

In general

The DHS Task Force shall be composed of 26 members, appointed by the President, who have expertise in migration, local crime indices, civil and human rights, community relations, cross-border trade and commerce, quality of life indicators, or other pertinent experience, of whom—

(i)

11 members shall be from the Northern border region and shall include—

(I)

2 local government elected officials;

(II)

2 local law enforcement official;

(III)

2 civil rights advocates;

(IV)

1 business representative;

(V)

1 higher education representative;

(VI)

1 representative of a faith community; and

(VII)

2 representatives of U.S. Border Patrol; and

(ii)

15 members shall be from the Southern border region and include—

(I)

3 local government elected officials;

(II)

3 local law enforcement officials;

(III)

3 civil rights advocates;

(IV)

2 business representatives;

(V)

1 higher education representative;

(VI)

1 representative of a faith community; and

(VII)

2 representatives of U.S. Border Patrol.

(B)

Nongovernmental appointees

Individuals appointed as members of the DHS Task Force may not be employed by the Federal Government.

(C)

Term of service

Members of the Task Force shall be appointed for the shorter of—

(i)

3 years; or

(ii)

the life of the DHS Task Force.

(D)

Chair, vice chair

The members of the DHS Task Force shall elect a Chair and a Vice Chair from among its members, who shall serve in such capacities for the life of the DHS Task Force or until removed by the majority vote of at least 14 members.

(b)

Operations

(1)

Hearings

The DHS Task Force may, for the purpose of carrying out its duties, hold hearings, sit and act, take testimony, receive evidence, and administer oaths.

(2)

Recommendations

The DHS Task Force may make findings or recommendations to the Secretary related to the duties described in subsection (a)(2).

(3)

Response

Not later than 180 days after receiving the findings and recommendations from the DHS Task Force under paragraph (2), the Secretary shall issue a response that describes how the Department has addressed, or will address, such findings and recommendations.

(4)

Information from federal agencies

The Chair, or 16 members of the DHS Task Force, may request statistics relating to the duties described in subsection (a)(2) directly from any Federal agency, which shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the DHS Task Force.

(5)

Compensation

Members of the DHS Task Force shall serve without pay, but shall be reimbursed for reasonable travel and subsistence expenses incurred in the performance of their duties.

(c)

Report

Not later than 2 years after its first meeting, the DHS Task Force shall submit a final report to the President, Congress, and the Secretary that contains—

(1)

findings with respect to the duties of the DHS Task Force; and

(2)

recommendations regarding border and immigration enforcement policies, strategies, and programs, including—

(A)

a recommendation as to whether the DHS Task Force should continue to operate; and

(B)

a description of any duties the DHS Task Force should be responsible for after the termination date described in subsection (e).

(d)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section for each of the fiscal years 2014 through 2017 .

(e)

Sunset

The DHS Task Force shall terminate operations 60 days after the date on which the DHS Task Force submits the report described in subsection (c).

1114.

Immigration ombudsman

(a)

In general

Section 452 of the Homeland Security Act (6 U.S.C. 272) is amended—

(1)

by amending the section heading to read as follows:

452.

Department of Homeland Security Immigration Ombudsman

;

(2)

in subsection (a), by striking Citizenship and Immigration Services Ombudsman and inserting DHS Immigration Ombudsman ;

(3)

in subsection (c)(2), by striking Director of the Bureau of Citizenship and Immigration Services and inserting Director, U.S. Citizenship and Immigration Services, the Assistant Secretary, U.S. Immigration and Customs Enforcement, the Commissioner, U.S. Customs and Border Protection ;

(4)

in subsections (d)(4) and (f), by striking Director of the Bureau of Citizenship and Immigration Services each place such term appears and inserting Director, U.S. Citizenship and Immigration Services, the Assistant Secretary, U.S. Immigration and Customs Enforcement, and the Commissioner, U.S. Customs and Border Protection ;

(5)

in subsection (f), by striking director each place such term appears and inserting official; and

(6)

by striking the Bureau of Citizenship and Immigration Services each place it appears and inserting U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, or U.S. Customs and Border Protection .

(b)

Clerical amendment

The table of contents in section 1 of the Homeland Security Act ( 6 U.S.C. 101 et seq. ) is amended by striking the item relating to section 452 and inserting the following:

Sec. 452. Department of Homeland Security Immigration Ombudsman.

.

1115.

Reports

(a)

Report on certain border matters

The Secretary shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that sets forth—

(1)

the effectiveness rate (as defined in section 2(a)(4)) for each Border Patrol sector along the Northern border and the Southern border;

(2)

the number of miles along the Southern border that is under persistent surveillance;

(3)

the monthly wait times per passenger, including data on averages and peaks, for crossing the Southern border, and the staffing of such border crossings; and

(4)

the allocations at each port of entry along the Southern border.

(b)

Report on interagency collaboration

The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Under Secretary of Homeland Security for Science and Technology shall jointly submit a report on the results of the interagency collaboration under section 1109 to—

(1)

the Committee on Armed Services of the Senate;

(2)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(3)

the Committee on Armed Services of the House of Representatives; and

(4)

the Committee on Homeland Security of the House of Representatives.

1116.

Severability

If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act and the application of the provision or amendment to any other person or circumstance shall not be affected.

II

Immigrant visas

A

Registration and adjustment of registered provisional immigrants

2101.

Registered provisional immigrant status

(a)

Authorization

Chapter 5 of title II ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245A the following:

245B.

Adjustment of status of eligible entrants before December 31, 2011, to that of registered provisional immigrant

(a)

In general

Notwithstanding any other provision of law, the Secretary of Homeland Security (referred to in this section as the Secretary), after conducting the national security and law enforcement clearances required under subsection (c)(8), may grant registered provisional immigrant status to an alien who—

(1)

meets the eligibility requirements set forth in subsection (b);

(2)

submits a completed application before the end of the period set forth in subsection (c)(3); and

(3)

has paid the fee required under subsection (c)(10)(A) and the penalty required under subsection (c)(10)(C), if applicable.

(b)

Eligibility requirements

(1)

In general

An alien is not eligible for registered provisional immigrant status unless the alien establishes, by a preponderance of the evidence, that the alien meets the requirements set forth in this subsection.

(2)

Physical presence

(A)

In general

The alien—

(i)

shall be physically present in the United States on the date on which the alien submits an application for registered provisional immigrant status;

(ii)

shall have been physically present in the United States on or before December 31, 2011; and

(iii)

shall have maintained continuous physical presence in the United States from December 31, 2011, until the date on which the alien is granted status as a registered provisional immigrant under this section.

(B)

Break in physical presence

(i)

In general

Except as provided in clause (ii), an alien who is absent from the United States without authorization after the date of the enactment of this section does not meet the continuous physical presence requirement set forth in subparagraph (A)(iii).

(ii)

Exception

An alien who departed from the United States after December 31, 2011 will not be considered to have failed to maintain continuous presence in the United States if the alien's absences from the United States are brief, casual, and innocent whether or not such absences were authorized by the Secretary.

(3)

Grounds for ineligibility

(A)

In general

Except as provided in subparagraph (B), an alien is ineligible for registered provisional immigrant status if the Secretary determines that the alien—

(i)

has a conviction for—

(I)

an offense classified as a felony in the convicting jurisdiction (other than a State or local offense for which an essential element was the alien's immigration status or a violation of this Act);

(II)

an aggravated felony (as defined in section 101(a)(43) at the time of the conviction);

(III)

3 or more misdemeanor offenses (other than minor traffic offenses or State or local offenses for which an essential element was the alien's immigration status or a violation of this Act) if the alien was convicted on different dates for each of the 3 offenses;

(IV)

any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) (excluding the paragraphs set forth in clause (ii)) or removable under section 237(a), except as provided in paragraph (3) of section 237(a);

(V)

unlawful voting (as defined in section 237(a)(6));

(ii)

is admissible under section 212(a), except that in determining an alien’s admissibility—

(I)

paragraphs (4), (5), (7), and (9)(B) of section 212(a) shall not apply;

(II)

subparagraphs (A), (C), (D), (F), and (G) of section 212(a)(6) and paragraphs (9)(C) and (10)(B) of section 212(a) shall not apply unless based on the act of unlawfully entering the United States after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act ; and

(III)

paragraphs (6)(B) and (9)(A) of section 212(a) shall not apply unless the relevant conduct began on or after the date on which the alien files an application for registered provisional immigrant status under this section;

(iii)

the Secretary knows or has reasonable grounds to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in section 212(a)(3)(B)(iv)); or

(iv)

was, on the date on which this Act was introduced in the Senate

(I)

an alien lawfully admitted for permanent residence;

(II)

an alien admitted as a refugee under section 207 or granted asylum under section 208; or

(III)

an alien who, according to the records of the Secretary or the Secretary of State, is lawfully present in the United States in any nonimmigrant status (other than an alien considered to be a nonimmigrant solely due to the application of section 244(f)(4) or the amendment made by section 702 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 )), notwithstanding any unauthorized employment or other violation of nonimmigrant status.

(B)

Waiver

(i)

In general

The Secretary may waive the application of subparagraph (A)(i)(III) or any provision of section 212(a) that is not listed in clause (ii) on behalf of an alien for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest. Any discretionary authority to waive grounds of inadmissibility under section 212(a) conferred under any other provision of this Act shall apply equally to aliens seeking registered provisional status under this section.

(ii)

Exceptions

The discretionary authority under clause (i) may not be used to waive—

(I)

subparagraph (B), (C), (D)(ii), (E), (G), (H), or (I) of section 212(a)(2);

(II)

section 212(a)(3);

(III)

subparagraph (A), (C), (D), or (E) of section 212(a)(10); or

(IV)

with respect to misrepresentations relating to the application for registered provisional immigrant status, section 212(a)(6)(C)(i).

(C)

Conviction explained

For purposes of this paragraph, the term conviction does not include a judgment that has been expunged, set aside, or the equivalent.

(D)

Rule of construction

Nothing in this paragraph may be construed to require the Secretary to commence removal proceedings against an alien.

(4)

Applicability of other provisions

Sections 208(d)(6) and 240B(d) shall not apply to any alien filing an application for registered provisional immigrant status under this section.

(5)

Dependent spouse and children

(A)

In general

Notwithstanding any other provision of law, the Secretary shall classify the spouse or child of a registered provisional immigrant as a registered provisional immigrant dependent if the spouse or child—

(i)

is physically present in the United States—

(I)

on the date on which the registered provisional immigrant is granted such status; and

(II)

on or before December 30, 2012;

(ii)

meets all of the eligibility requirements set forth in this subsection, other than the requirements of clause (ii) or (iii) of paragraph (2).

(B)

Effect of termination of legal relationship

If the spousal or parental relationship between an alien who is granted registered provisional immigrant status under this section and the alien’s child is terminated, the spouse or child may apply for classification as a registered provisional immigrant dependent if the termination of the relationship with such parent was due to death, divorce, or otherwise connected to domestic violence, notwithstanding subsection (c)(3).

(C)

Effect of disqualification of parent

If the application of a spouse or parent for registered provisional immigrant status is terminated or revoked, the husband, wife, or child of that spouse or parent shall be eligible to apply for registered provisional immigrant status independent of the parent notwithstanding subsection (c)(3).

(c)

Application procedures

(1)

In general

An alien, or the dependent spouse or child of such alien, who meets the eligibility requirements set forth in subsection (b) may apply for status as a registered provisional immigrant or a registered provisional immigrant dependent, as applicable, by submitting a completed application form to the Secretary during the application period set forth in paragraph (3), in accordance with the final rule promulgated by the Secretary under the Border Security, Economic Opportunity, and Immigration Modernization Act . An applicant for registered provisional immigrant status shall be treated as an applicant for admission.

(2)

Payment of taxes

(A)

In general

An alien may not file an application for registered provisional immigrant status under paragraph (1) unless the applicant has satisfied any applicable Federal tax liability.

(B)

Definition of applicable federal tax liability

In this paragraph, the term applicable Federal tax liability means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986.

(C)

Demonstration of compliance

An applicant may demonstrate compliance with this paragraph by submitting appropriate documentation, in accordance with regulations promulgated by the Secretary, in consultation with the Secretary of the Treasury.

(3)

Application period

(A)

Initial period

Except as provided in subparagraph (B), the Secretary may only accept applications for registered provisional immigrant status from aliens in the United States during the 1-year period beginning on the date on which the final rule is published in the Federal Register pursuant to paragraph (1).

(B)

Extension

If the Secretary determines, during the initial period described in subparagraph (A), that additional time is required to process applications for registered provisional immigrant status or for other good cause, the Secretary may extend the period for accepting applications for such status for an additional 18 months.

(4)

Application form

(A)

Required information

The application form referred to in paragraph (1) shall collect such information as the Secretary determines necessary and appropriate.

(B)

Family application

The Secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien, his or her spouse, and his or her children, who are residing in the United States.

(C)

Interview

The Secretary may interview applicants for registered provisional immigrant status under this section to determine whether they meet the eligibility requirements set forth in subsection (b).

(5)

Aliens apprehended before or during the application period

If an alien who is apprehended during the period beginning on the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act and the end of the application period described in paragraph (3) appears prima facie eligible for registered provisional immigrant status, to the satisfaction of the Secretary, the Secretary

(A)

shall provide the alien with a reasonable opportunity to file an application under this section during such application period; and

(B)

may not remove the individual until a final administrative determination is made on the application.

(6)

Eligibility after departure

(A)

In general

An alien who departed from the United States while subject to an order of exclusion, deportation, or removal, or pursuant to an order of voluntary departure and who is outside of the United States, or who has reentered the United States illegally after December 31, 2011 without receiving the Secretary's consent to reapply for admission under section 212(a)(9), shall not be eligible to file an application for registered provisional immigrant status.

(B)

Waiver

The Secretary, in the Secretary's sole and unreviewable discretion, may waive the application of subparagraph (A) on behalf of an alien if the alien—

(i)

is the spouse or child of a United States citizen or lawful permanent resident;

(ii)

is the parent of a child who is a United States citizen or lawful permanent resident;

(iii)

meets the requirements set forth in clause (ii) and (iii) of section 245D(b)(1)(A); or

(iv)

meets the requirements set forth in section 245D(b)(1)(A)(ii), is 16 years or older on the date on which the alien applies for registered provisional immigrant status, and was physically present in the United States for an aggregate period of not less than 3 years during the 6-year period immediately preceding the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act .

(C)

Eligibility

Notwithstanding subsection (b)(2), section 241(a)(5), or a prior order of exclusion, deportation, or removal, an alien described in subparagraph (B) who is otherwise eligible for registered provisional immigrant status may file an application for such status.

(7)

Suspension of removal during application period

(A)

Protection from detention or removal

A registered provisional immigrant may not be detained by the Secretary or removed from the United States, unless—

(i)

the Secretary determines that—

(I)

such alien is, or has become, ineligible for registered provisional immigrant status under subsection (b)(3); or

(II)

the alien's registered provisional immigrant status has been revoked under subsection (d)(2).

(B)

Aliens in removal proceedings

Notwithstanding any other provision of this Act—

(i)

if the Secretary determines that an alien, during the period beginning on the date of the enactment of this section and ending on the last day of the application period described in paragraph (3), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for registered provisional immigrant status under this section—

(I)

the Secretary shall provide the alien with the opportunity to file an application for such status; and

(II)

upon motion by the Secretary and with the consent of the alien or upon motion by the alien, the Executive Office for Immigration Review shall—

(aa)

terminate such proceedings without prejudice to future proceedings on any basis; and

(bb)

provide the alien a reasonable opportunity to apply for such status; and

(ii)

if the Executive Office for Immigration Review determines that an alien, during the application period described in paragraph (3), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for registered provisional immigrant status under this section—

(I)

the Executive Office of Immigration Review shall notify the Secretary of such determination; and

(II)

if the Secretary does not dispute the determination of prima facie eligibility within 7 days after such notification, the Executive Office for Immigration Review, upon consent of the alien, shall—

(aa)

terminate such proceedings without prejudice to future proceedings on any basis; and

(bb)

permit the alien a reasonable opportunity to apply for such status.

(C)

Treatment of certain aliens

(i)

In general

If an alien who meets the eligibility requirements set forth in subsection (b) is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision of this Act—

(I)

notwithstanding such order or section 241(a)(5), the alien may apply for registered provisional immigrant status under this section; and

(II)

if the alien is granted such status, the alien shall file a motion to reopen the exclusion, deportation, removal, or voluntary departure order, which motion shall be granted unless 1 or more of the grounds of ineligibility is established by clear and convincing evidence.

(ii)

Limitations on motions to reopen

The limitations on motions to reopen set forth in section 240(c)(7) shall not apply to motions filed under clause (i)(II).

(D)

Period pending adjudication of application

(i)

In general

During the period beginning on the date on which an alien applies for registered provisional immigrant status under paragraph (1) and the date on which the Secretary makes a final decision regarding such application, the alien—

(I)

may receive advance parole to reenter the United States if urgent humanitarian circumstances compel such travel;

(II)

may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for registered provisional immigrant status under subsection (b)(3);

(III)

shall not be considered unlawfully present for purposes of section 212(a)(9)(B); and

(IV)

shall not be considered an unauthorized alien (as defined in section 274A(h)(3)).

(ii)

Evidence of application filing

As soon as practicable after receiving each application for registered provisional immigrant status, the Secretary shall provide the applicant with a document acknowledging the receipt of such application.

(iii)

Continuing employment

An employer who knows that an alien employee is an applicant for registered provisional immigrant status or will apply for such status once the application period commences is not in violation of section 274A(a)(2) if the employer continues to employ the alien pending the adjudication of the alien employee's application.

(iv)

Effect of departure

Section 101(g) shall not apply to an alien granted—

(I)

advance parole under clause (i)(I) to reenter the United States; or

(II)

registered provisional immigrant status.

(8)

Security and law enforcement clearances

(A)

Biometric and biographic data

The Secretary may not grant registered provisional immigrant status to an alien or an alien dependent spouse or child under this section unless such alien submits biometric and biographic data in accordance with procedures established by the Secretary.

(B)

Alternative procedures

The Secretary shall provide an alternative procedure for applicants who cannot provide the standard biometric data required under subparagraph (A) because of a physical impairment.

(C)

Clearances

(i)

Data collection

The Secretary shall collect, from each alien applying for status under this section, biometric, biographic, and other data that the Secretary determines to be appropriate—

(I)

to conduct national security and law enforcement clearances; and

(II)

to determine whether there are any national security or law enforcement factors that would render an alien ineligible for such status.

(ii)

Prerequisite

The required clearances described in clause (i)(I) shall be completed before the alien may be granted registered provisional immigrant status.

(9)

Duration of status and extension

(A)

In general

The initial period of authorized admission for a registered provisional immigrant—

(i)

shall remain valid for 6 years unless revoked pursuant to subsection (d)(2); and

(ii)

may be extended for additional 6-year terms if—

(I)

the alien remains eligible for registered provisional immigrant status;

(II)

the alien meets the employment requirements set forth in subparagraph (B); and

(III)

such status was not revoked by the Secretary for any reason.

(B)

Employment or education requirement

Except as provided in subparagraphs (D) and (E) of section 245C(b)(3), an alien may not be granted an extension of registered provisional immigrant status under this paragraph unless the alien establishes that, during the alien's period of status as a registered provisional immigrant, the alien—

(i)
(I)

was regularly employed throughout the period of admission as a registered provisional immigrant, allowing for brief periods lasting not more than 60 days; and

(II)

is not likely to become a public charge (as determined under section 212(a)(4)); or

(ii)

is able to demonstrate average income or resources that are not less than 100 percent of the Federal poverty level throughout the period of admission as a registered provisional immigrant.

(C)

Payment of taxes

An applicant may not be granted an extension of registered provisional immigrant status under subparagraph (A)(ii) unless the applicant has satisfied any applicable Federal tax liability in accordance with paragraph (2).

(10)

Fees and penalties

(A)

Standard processing fee

(i)

In general

Aliens who are 16 years of age or older and are applying for registered provisional immigrant status under paragraph (1), or for an extension of such status under paragraph (9)(A)(ii), shall pay a processing fee to the Department of Homeland Security in an amount determined by the Secretary.

(ii)

Recovery of costs

The processing fee authorized under clause (i) shall be set at a level that is sufficient to recover the full costs of processing the application, including any costs incurred—

(I)

to adjudicate the application;

(II)

to take and process biometrics;

(III)

to perform national security and criminal checks, including adjudication;

(IV)

to prevent and investigate fraud; and

(V)

to administer the collection of such fee.

(iii)

Authority to limit fees

The Secretary, by regulation, may—

(I)

limit the maximum processing fee payable under this subparagraph by a family, including spouses and unmarried children younger than 21 years of age; and

(II)

exempt defined classes of individuals, including individuals described in section 245B(c)(13), from the payment of the fee authorized under clause (i).

(B)

Deposit and use of processing fees

Fees collected under subparagraph (A)(i)

(i)

shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act ; and

(ii)

may be used for the purposes set forth in section 6(a)(3)(B) of such Act.

(C)

Penalty

(i)

Payment

In addition to the processing fee required under subparagraph (A), aliens not described in section 245D who are 21 years of age or older and are filing an application under this subsection shall pay a $1,000 penalty to the Department of Homeland Security.

(ii)

Installments

The Secretary shall establish a process for collecting payments required under clause (i) that—

(I)

requires the alien to pay $500 in conjunction with the submission of an application under this subsection for registered provisional immigrant status; and

(II)

allows the remaining $500 to be paid in periodic installments that shall be completed before the alien may be granted an extension of status under paragraph (9)(A)(ii).

(iii)

Deposit

Penalties collected pursuant to this subparagraph shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act .

(11)

Adjudication

(A)

Failure to submit sufficient evidence

The Secretary shall deny an application submitted by an alien who fails to submit—

(i)

requested initial evidence, including requested biometric data; or

(ii)

any requested additional evidence by the date required by the Secretary.

(B)

Amended application

An alien whose application for registered provisional immigrant status is denied under subparagraph (A) may file an amended application for such status to the Secretary if the amended application—

(i)

is filed within the application period described in paragraph (3); and

(ii)

contains all the required information and fees that were missing from the initial application.

(12)

Evidence of registered provisional immigrant status

(A)

In general

The Secretary shall issue documentary evidence of registered provisional immigrant status to each alien whose application for such status has been approved.

(B)

Documentation features

Documentary evidence provided under subparagraph (A)

(i)

shall be machine-readable and tamper-resistant, and shall contain a digitized photograph;

(ii)

shall, during the alien’s authorized period of admission, and any extension of such authorized admission, serve as a valid travel and entry document for the purpose of applying for admission to the United States;

(iii)

may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B);

(iv)

shall indicate that the alien is authorized to work in the United States for up to 3 years; and

(v)

shall include such other features and information as may be prescribed by the Secretary.

(13)

Daca recipients

Unless the Secretary determines that an alien who was granted Deferred Action for Childhood Arrivals (referred to in this paragraph as DACA) pursuant to the Secretary’s memorandum of June 15, 2012, has engaged in conduct since the alien was granted DACA that would make the alien ineligible for registered provisional immigrant status, the Secretary may grant such status to the alien if renewed national security and law enforcement clearances have been completed on behalf of the alien.

(d)

Terms and conditions of registered provisional immigrant status

(1)

Conditions of registered provisional immigrant status

(A)

Employment

Notwithstanding any other provision of law, including section 241(a)(7), a registered provisional immigrant shall be authorized to be employed in the United States while in such status.

(B)

Travel outside the united states

A registered provisional immigrant may travel outside of the United States and may be admitted, if otherwise admissible, upon returning to the United States without having to obtain a visa if—

(i)

the alien is in possession of—

(I)

valid, unexpired documentary evidence of registered provisional immigrant status that complies with subsection (c)(12); or

(II)

a travel document, duly approved by the Secretary, that was issued to the alien after the alien's original documentary evidence was lost, stolen, or destroyed;

(ii)

the alien's absence from the United States did not exceed 180 days, unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control;

(iii)

the alien meets the requirements for an extension as described in subclauses (I) and (III) of paragraph (9)(A); and

(iv)

the alien establishes that the alien is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of section 212(a)(3).

(C)

Admission

An alien granted registered provisional immigrant status under this section shall be considered to have been admitted and lawfully present in the United States in such status as of the date on which the alien’s application was filed.

(D)

Clarification of status

An alien granted registered provisional immigrant status—

(i)

is lawfully admitted to the United States; and

(ii)

may not be classified as a nonimmigrant or as an alien who has been lawfully admitted for permanent residence.

(2)

Revocation

(A)

In general

The Secretary may revoke the status of a registered provisional immigrant at any time after providing appropriate notice to the alien, and after the exhaustion or waiver of all applicable administrative review procedures under section 245E(c), if the alien—

(i)

no longer meets the eligibility requirements set forth in subsection (b);

(ii)

knowingly used documentation issued under this section for an unlawful or fraudulent purpose; or

(iii)

was absent from the United States—

(I)

for any single period longer than 180 days in violation of the requirements set forth in paragraph (1)(B)(ii); or

(II)

for more than 180 days in the aggregate during any calendar year, unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control.

(B)

Additional evidence

In determining whether to revoke an alien's status under subparagraph (A), the Secretary may require the alien—

(i)

to submit additional evidence; or

(ii)

to appear for an interview.

(C)

Invalidation of documentation

If an alien’s registered provisional immigrant status is revoked under subparagraph (A), any documentation issued by the Secretary to such alien under subsection (c)(12) shall automatically be rendered invalid for any purpose except for departure from the United States.

(3)

Ineligibility for public benefits

An alien who has been granted registered provisional immigrant status under this section is not eligible for any Federal means-tested public benefit (as such term is defined in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)).

(4)

Treatment of registered provisional immigrants

A noncitizen granted registered provisional immigrant status under this section shall be considered lawfully present in the United States for all purposes while such noncitizen remains in such status, except that the noncitizen—

(A)

is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986;

(B)

shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of such section; and

(C)

shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071).

(5)

Assignment of social security number

(A)

In general

The Commissioner of Social Security, in coordination with the Secretary, shall implement a system to allow for the assignment of a Social Security number and the issuance of a Social Security card to each alien who has been granted registered provisional immigrant status under this section.

(B)

Use of information

The Secretary shall provide the Commissioner of Social Security with information from the applications filed by aliens granted registered provisional immigrant status under this section and such other information as the Commissioner determines to be necessary to assign a Social Security account number to such aliens. The Commissioner may use information received from the Secretary under this subparagraph to assign Social Security account numbers to such aliens and to administer the programs of the Social Security Administration. The Commissioner may maintain, use, and disclose such information only as permitted under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974) and other applicable Federal laws.

(e)

Dissemination of information on registered provisional immigrant program

As soon as practicable after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act , the Secretary, in cooperation with entities approved by the Secretary, and in accordance with a plan adopted by the Secretary, shall broadly disseminate, in the most common languages spoken by aliens who would qualify for registered provisional immigrant status under this section, to television, radio, print, and social media to which such aliens would likely have access—

(1)

the procedures for applying for such status;

(2)

the terms and conditions of such status; and

(3)

the eligibility requirements for such status.

.

(b)

Enlistment in the armed forces

Section 504(b)(1) of title 10, United States Code, is amended by adding at the end the following:

(D)

An alien who has been granted registered provisional immigrant status under section 245B of the Immigration and Nationality Act.

.

2102.

Adjustment of status of registered provisional immigrants

(a)

In general

Chapter 5 of title II ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245B, as added by section 2101 of this title, the following:

245C.

Adjustment of status of registered provisional immigrants

(a)

In general

Subject to section 245E(d) and section 2302(c)(3) of the Border Security, Economic Opportunity, and Immigration Modernization Act , the Secretary of Homeland Security (referred to in this section as the Secretary) may adjust the status of a registered provisional immigrant to that of an alien lawfully admitted for permanent residence if the registered provisional immigrant satisfies the eligibility requirements set forth in subsection (b).

(b)

Eligibility requirements

(1)

Registered provisional immigrant status

(A)

In general

The alien was granted registered provisional immigrant status under section 245B and remains eligible for such status.

(B)

Continuous physical presence

The alien establishes, to the satisfaction of the Secretary, that the alien was not continuously absent from the United States for more than 180 days in any calendar year during the period of admission as a registered provisional immigrant, unless the alien's absence was due to extenuating circumstances beyond the alien's control.

(C)

Maintenance of waivers of admissibility

The grounds of inadmissibility set forth in section 212(a) that were previously waived for the alien or made inapplicable under section 245B(b) shall not apply for purposes of the alien’s adjustment of status under this section.

(D)

Pending revocation proceedings

If the Secretary has notified the applicant that the Secretary intends to revoke the applicant’s registered provisional immigrant status under section 245B(d)(2)(A), the Secretary may not approve an application for adjustment of status under this section unless the Secretary makes a final determination not to revoke the applicant’s status.

(2)

Payment of taxes

(A)

In general

An applicant may not file an application for adjustment of status under this section unless the applicant has satisfied any applicable Federal tax liability.

(B)

Definition of applicable federal tax liability

In subparagraph (A), the term applicable Federal tax liability means all assessed Federal income taxes since the date on which the applicant was authorized to work in the United States as a registered provisional immigrant under section 245B(a).

(C)

Compliance

The applicant may demonstrate compliance with subparagraph (A) by submitting such documentation as the Secretary, in consultation with the Secretary of the Treasury, may require by regulation.

(3)

Employment or education requirement

(A)

In general

Except as provided in subparagraphs (D) and (E), an alien applying for adjustment of status under this section shall establish that, during his or her period of status as a registered provisional immigrant, he or she—

(i)
(I)

was regularly employed throughout the period of admission as a registered provisional immigrant, allowing for brief periods lasting not more than 60 days; and

(II)

is not likely to become a public charge (as determined under section 212(a)(4)); or

(ii)

can demonstrate average income or resources that are not less than 125 percent of the Federal poverty level throughout the period of admission as a registered provisional immigrant.

(B)

Evidence of employment

(i)

Documents

An alien may satisfy the employment requirement under subparagraph (A)(i) by submitting, to the Secretary, records that—

(I)

establish, by the preponderance of the evidence, compliance with such employment requirement; and

(II)

have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency.

(ii)

Other documents

An alien who is unable to submit the records described in clause (i) may satisfy the employment or education requirement under subparagraph (A) by submitting to the Secretary at least 2 types of reliable documents not described in clause (i) that provide evidence of employment or education, including—

(I)

bank records;

(II)

business records;

(III)

employer records;

(IV)

records of a labor union, day labor center, or organization that assists workers in employment;

(V)

sworn affidavits from nonrelatives who have direct knowledge of the alien's work or education, that contain—

(aa)

the name, address, and telephone number of the affiant;

(bb)

the nature and duration of the relationship between the affiant and the alien; and

(cc)

other verification or information;

(VI)

remittance records; and

(VII)

school records from institutions described in subparagraph (D).

(iii)

Additional documents and restrictions

The Secretary may—

(I)

designate additional documents that may be used to establish compliance with the requirement under subparagraph (A); and

(II)

set such terms and conditions on the use of affidavits as may be necessary to verify and confirm the identity of any affiant or to otherwise prevent fraudulent submissions.

(C)

Satisfaction of employment requirement

An alien may not be required to satisfy the employment requirements under this section with a single employer.

(D)

Education permitted

An alien may satisfy the requirement under subparagraph (A), in whole or in part, by providing evidence of full-time attendance at—

(i)

an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) ));

(ii)

a secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ));

(iii)

an education, literacy, or career training program (including vocational training) that is designed to lead to placement in postsecondary education, job training, or employment through which the alien is working toward such placement; or

(iv)

an education program assisting students either in obtaining a regular high school diploma or its recognized equivalent under state law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a General Educational Development exam or other equivalent State-authorized exam.

(E)

Authorization of exceptions and waivers

(i)

Exceptions based on age or disability

The employment and education requirements under this paragraph shall not apply to any alien who —

(I)

is younger than 21 years of age on the date on which the alien files an application for the first extension of the initial period of authorized admission as a registered provisional immigrant;

(II)

is at least 60 years of age on the date on which the alien files an application described in subclause (II) or at least 65 years of age on the date on which the alien's status is adjusted under this section; or

(III)

has a physical or mental disability (as defined in section 3(2) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(2) )) or as a result of pregnancy if such condition is evidenced by the submission of documentation prescribed by the Secretary.

(ii)

Family exceptions

The employment and education requirements under this paragraph shall not apply to any alien who is a dependent registered provisional immigrant under subsection (b)(5).

(iii)

Temporary exceptions

The employment and education requirements under this paragraph shall not apply during any period during which the alien—

(I)

was on medical leave, maternity leave, or other employment leave authorized by Federal law, State law, or the policy of the employer;

(II)

is or was the primary caretaker of a child or another person who requires supervision or is unable to care for himself or herself; or

(III)

was unable to work due to circumstances outside the control of the alien.

(iv)

Waiver

The Secretary may waive the employment or education requirements under this paragraph with respect to any individual alien who demonstrates extreme hardship to himself or herself or to a spouse, parent, or child who is a United States citizen or lawful permanent resident.

(4)

English skills

(A)

In general

Except as provided under subparagraph (C), a registered provisional immigrant who is 16 years of age or older shall establish that he or she—

(i)

meets the requirements set forth in section 312; or

(ii)

is satisfactorily pursuing a course of study, pursuant to standards established by the Secretary of Education, in consultation with the Secretary, to achieve an understanding of English and knowledge and understanding of the history and Government of the United States, as described in section 312(a).

(B)

Relation to naturalization examination

A registered provisional immigrant who demonstrates that he or she meets the requirements set forth in section 312 may be considered to have satisfied such requirements for purposes of becoming naturalized as a citizen of the United States.

(C)

Exceptions

(i)

Mandatory

Subparagraph (A) shall not apply to any person who is unable to comply with the requirements under that subparagraph because of a physical or developmental disability or mental impairment.

(ii)

Discretionary

The Secretary may waive all or part of subparagraph (A) for a registered provisional immigrant who is 70 years of age or older on the date on which an application is filed for adjustment of status under this section.

(5)

Military selective service

The alien shall provide proof of registration under the Military Selective Service Act (50 U.S.C. App. 451 et seq.) if the alien is subject to such registration.

(c)

Application procedures

(1)

In general

Beginning on the date described in paragraph (2), a registered provisional immigrant, or a registered provisional immigrant dependent, who meets the eligibility requirements set forth in subsection (b) may apply for adjustment of status to that of an alien lawfully admitted for permanent residence by submitting an application to the Secretary that includes the evidence required, by regulation, to demonstrate the applicant's eligibility for such adjustment.

(2)

Back of the line

The status of a registered provisional immigrant may not be adjusted to that of an alien lawfully admitted for permanent residence under this section until after the Secretary of State certifies that immigrant visas have become available for all approved petitions for immigrant visas that were filed under sections 201 and 203 before the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act .

(3)

Interview

The Secretary may interview applicants for adjustment of status under this section to determine whether they meet the eligibility requirements set forth in subsection (b).

(4)

Security and law enforcement clearances

The Secretary may not adjust the status of a registered provisional immigrant under this section until renewed national security and law enforcement clearances have been completed with respect to the registered provisional immigrant, to the satisfaction of the Secretary.

(5)

Fees and penalties

(A)

Processing fees

(i)

In general

The Secretary shall impose a processing fee on applicants for adjustment of status under this section at a level sufficient to recover the full cost of processing such applications, including costs associated with—

(I)

adjudicating the applications;

(II)

taking and processing biometrics;

(III)

performing national security and criminal checks, including adjudication;

(IV)

preventing and investigating fraud; and

(V)

the administration of the fees collected.

(ii)

Authority to limit fees

The Secretary, by regulation, may—

(I)

limit the maximum processing fee payable under this subparagraph by a family, including spouses and children; and

(II)

exempt other defined classes of individuals from the payment of the fee authorized under clause (i).

(iii)

Deposit and use of fees

Fees collected under this subparagraph—

(I)

shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act ; and

(II)

may be used for the purposes set forth in section 6(a)(3)(B) of such Act.

(B)

Penalties

(i)

In general

In addition to the processing fee required under subparagraph (A) and the penalty required under section 245B(c)(6)(D), an alien who was 21 years of age or older on the date on which the Border Security, Economic Opportunity, and Immigration Modernization Act was originally introduced in the Senate and is filing an application for adjustment of status under this section shall pay a $1,000 penalty to the Secretary unless the alien meets the requirements under section 245D(b).

(ii)

Installments

The Secretary shall establish a process for collecting payments required under clause (i) through periodic installments.

(iii)

Deposit, allocation, and spending of penalties

Penalties collected under this subparagraph—

(I)

shall be deposited into the Comprehensive Immigration Trust Fund established under section 6(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act ; and

(II)

may be used for the purposes set forth in section 6(a)(3)(B) of such Act.

.

(b)

Limitation on registered provisional immigrants

An alien admitted as a registered provisional immigrant may only adjust status to an alien lawfully admitted for permanent resident status under section 2302 of this Act.

(c)

Naturalization

Section 319 (8 U.S.C. 1430) is amended—

(1)

in the section heading, by striking and employees of certain nonprofit organizations and inserting , employees of certain nonprofit organizations, and other long-term lawful residents ; and

(2)

by adding at the end the following:

(f)

Any lawful permanent resident who was lawfully present in the United States and eligible for work authorization for not less than 10 years before becoming a lawful permanent resident may be naturalized upon compliance with all the requirements under this title except the provisions of section 316(a)(1) if such person, immediately preceding the date on which the person filed an application for naturalization—

(1)

has resided continuously within the United States, after being lawfully admitted for permanent residence, for at least 3 years;

(2)

during the 3-year period immediately preceding such filing date, has been physically present in the United States for periods totaling at least 50 percent of such period; and

(3)

has resided within the State or in the jurisdiction of the U.S. Citizenship and Immigration Services field office in the United States in which the applicant filed such application for at least 3 months.

.

2103.

The DREAM Act

(a)

Short title

This section may be cited as the Development, Relief, and Education for Alien Minors Act of 2013 or the DREAM Act 2013 .

(b)

Adjustment of status for certain aliens who entered the United States as children

Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245C, as added by section 2102 of this title, the following:

245D.

Adjustment of status for certain aliens who entered the United States as children

(a)

Definitions

In this section:

(1)

Institution of higher education

The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not include institutions described in subsection (a)(1)(C) of such section.

(2)

Secretary

The term Secretary means the Secretary of Homeland Security.

(3)

Uniformed services

The term Uniformed Services has the meaning given the term uniformed services in section 101(a)(5) of title 10, United States Code.

(b)

Adjustment of status for certain aliens who entered the united states as children

(1)

Requirements

(A)

In general

The Secretary of Homeland Security may adjust the status of a registered provisional immigrant to the status of a lawful permanent resident if the immigrant demonstrates that he or she—

(i)

has been a registered provisional immigrant for at least 5 years;

(ii)

was younger than 16 years of age on the date on which the alien initially entered the United States;

(iii)

has earned a high school diploma or obtained a general education development certificate in the United States;

(iv)
(I)

has acquired a degree from an institution of higher education or has completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States; or

(II)

has served in the Uniformed Services for at least 4 years and, if discharged, received an honorable discharge; and

(v)

has provided a list of each secondary school (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) that the alien attended in the United States.

(B)

Hardship exception

(i)

In general

The Secretary may adjust the status of a registered provisional immigrant to the status of a lawful permanent resident if the alien—

(I)

satisfies the requirements under clauses (i), (ii), (iii), and (v) of subparagraph (A); and

(II)

demonstrates compelling circumstances for the inability to satisfy the requirement under subparagraph (A)(iv).

(C)

Citizenship requirement

(i)

In general

Except as provided in clause (ii), the Secretary may not adjust the status of an alien to lawful permanent resident status under this section unless the alien demonstrates that the alien satisfies the requirements of section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)).

(ii)

Exception

Clause (i) shall not apply to an alien whose physical or developmental disability or mental impairment prevents the alien from meeting the requirements such section.

(D)

Submission of biometric and biographic data

The Secretary may not adjust the status of an alien to lawful permanent resident status unless the alien—

(i)

submits biometric and biographic data, in accordance with procedures established by the Secretary; or

(ii)

complies with an alternative procedure prescribed by the Secretary, if the alien is unable to provide such biometric data because of a physical impairment.

(E)

Background checks

(i)

Requirement for background checks

The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate—

(I)

to conduct security and law enforcement background checks of an alien applying for lawful permanent resident status under this section; and

(II)

to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status.

(ii)

Completion of background checks

The Secretary may not adjust an alien's status to the status of a lawful permanent resident under this subsection until the security and law enforcement background checks required under clause (i) have been completed with respect to the alien, to the satisfaction of the Secretary.

(2)

Application for lawful permanent resident status

(A)

In general

A registered provisional immigrant seeking lawful permanent resident status shall file an application for such status in such manner as the Secretary of Homeland Security may require.

(B)

Adjudication

(i)

In general

The Secretary shall evaluate each application filed by a registered provisional immigrant under this paragraph to determine whether the alien meets the requirements under paragraph (1).

(ii)

Adjustment of status if favorable determination

If the Secretary determines that the alien meets the requirements under paragraph (1), the Secretary shall notify the alien of such determination and adjust the status of the alien to lawful permanent resident status, effective as of the date of such determination.

(iii)

Adverse determination

If the Secretary determines that the alien does not meet the requirements under paragraph (1), the Secretary shall notify the alien of such determination.

(C)

Daca recipients

The Secretary may adopt streamlined procedures for applicants for adjustment to lawful permanent resident status under this section who were granted Deferred Action for Childhood Arrivals (referred to in this paragraph as DACA) pursuant to the Secretary’s memorandum of June 15, 2012.

(3)

Treatment for purposes of naturalization

(A)

In general

An alien granted lawful permanent resident status under this subsection shall be considered, for purposes of title III

(i)

to have been lawfully admitted for permanent residence; and

(ii)

to have been in the United States as an alien lawfully admitted to the United States for permanent residence during the period the alien was a registered provisional immigrant.

(B)

Limitation on application for naturalization

An alien may not apply for naturalization while the alien is a registered provisional immigrant..

.

(c)

Exemption from numerical limitations

Section 201(b) ( 8 U.S.C. 1151(b)(1) ) is amended—

(1)

by redesignating subparagraph (E) as subparagraph (F); and

(2)

by inserting after subparagraph (D) the following:

(E)

Aliens whose status is adjusted to permanent resident status under section 245C or 245D.

.

(d)

Restoration of State option To determine residency for purposes of higher education

(1)

Repeal

Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.

(2)

Effective date

The repeal under paragraph (1) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ).

2104.

Additional requirements

(a)

In general

Chapter 5 of title II ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245C, as added by section 2102 of this title, the following:

245E.

Additional requirements relating to registered provisional immigrants and others

(a)

Disclosures

(1)

Prohibited disclosures

Except as otherwise provided in this subsection, no officer or employee of any Federal agency may—

(A)

use the information furnished in an application for lawful status under section 245B, 245C, or 245D for any purpose other than to make a determination on any application by the alien for any immigration benefit or protection;

(B)

make any publication through which information furnished by any particular applicant can be identified; or

(C)

permit anyone other than the sworn officers, employees, and contractors of such agency or of another entity approved by the Secretary of Homeland Security to examine individual applications that have been filed under either such section.

(2)

Required disclosures

The Secretary shall provide the information furnished in an application filed under section 245B, 245C, or 245D and any other information derived from such furnished information to—

(A)

a law enforcement agency, intelligence agency, national security agency, component of the Department of Homeland Security, court, or grand jury if such information is requested by such entity, consistent with law, in connection with—

(i)

a criminal investigation or prosecution of any matter not related to the applicant’s immigration status; or

(ii)

a national security investigation or prosecution; and

(B)

an official coroner for purposes of affirmatively identifying a deceased individual, whether or not the death of such individual resulted from a crime.

(3)

Auditing and evaluation of information

The Secretary may—

(A)

audit and evaluate information furnished as part of any application filed under section 245B, 245C, or 245D for purposes of identifying immigration fraud or fraud schemes; and

(B)

use any evidence detected by means of audits and evaluations for purposes of investigating, prosecuting, referring for prosecution, or denying or terminating immigration benefits.

(b)

Employer protections

(1)

Use of employment records

Copies of employment records or other evidence of employment provided by an alien or by an alien's employer in support of an alien's application for registered provisional immigrant status under section 245B may not be used in a civil or criminal prosecution or investigation of that employer under section 274A or the Internal Revenue Code of 1986 for the prior unlawful employment of that alien regardless of the adjudication of such application or reconsideration by the Secretary of Homeland Security of such alien's prima facie eligibility determination. Employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for registered provisional immigrant status shall not be subject to civil and criminal liability pursuant to section 274A for employing such unauthorized aliens.

(2)

Limit on applicability

The protections for employers and aliens under paragraph (1) shall not apply if the aliens or employers submit employment records that are deemed to be fraudulent.

(c)

Administrative review

(1)

Exclusive administrative review

Administrative review of a determination respecting an application for status under section 245B, 245C, or 245D shall be conducted solely in accordance with this subsection.

(2)

Administrative appellate review

(A)

Establishment of administrative appellate authority

The Secretary of Homeland Security shall establish or designate an appellate authority to provide for a single level of administrative appellate review of a determination with respect to applications for, or revocation of, status under sections 245B, 245C, and 245D.

(B)

Single appeal for each administrative decision

(i)

In general

An alien in the United States whose application for status under section 245B, 245C, or 245D has been denied or revoked may file with the Secretary not more than 1 appeal of each decision to deny or revoke such status.

(ii)

Notice of appeal

A notice of appeal filed under this subparagraph shall be filed not later than 90 days after the date of service of the decision of denial or revocation, unless the delay was reasonably justifiable.

(C)

Review by Secretary

Nothing in this paragraph may be construed to limit the authority of the Secretary to certify appeals for review and final administrative decision.

(D)

Denial of petitions for dependents

Appeals of a decision to deny or revoke a petition filed by a registered provisional immigrant pursuant to regulations promulgated under section 245B to classify a spouse or child of such alien as a registered provisional immigrant shall be subject to the administrative appellate authority described in subparagraph (A).

(E)

Stay of removal

Aliens seeking administrative review shall not be removed from the United States until a final decision is rendered establishing ineligibility for status under section 245B, 245C, or 245D.

(3)

Record for review

Administrative appellate review under paragraph (2) shall be de novo and based solely upon—

(A)

the administrative record established at the time of the determination on the application; and

(B)

any additional newly discovered or previously unavailable evidence.

(4)

Unlawful presence

During the period in which an alien may request administrative review under this subsection, and during the period that any such review is pending, the alien shall not be considered unlawfully present in the United States for purposes of section 212(a)(9)(B).

(d)

Privacy and civil liberties

(1)

In general

The Secretary, in accordance with subsection (a)(1), shall require appropriate administrative and physical safeguards to protect the security, confidentiality, and integrity of personally identifiable information collected, maintained, and disseminated pursuant to sections 245B, 245C, and 245D.

(2)

Assessments

Notwithstanding the privacy requirements set forth in section 222 of the Homeland Security Act (6 U.S.C. 142) and the E-Government Act of 2002 (Public Law 107–347), the Secretary shall conduct a privacy impact assessment and a civil liberties impact assessment of the legalization program established under sections 245B, 245C, and 245D during the pendency of the interim final regulations required to be issued under section 2110 of the Border Security, Economic Opportunity, and Immigration Modernization Act .

.

(b)

Judicial review

Section 242 (8 U.S.C. 1252) is amended—

(1)

in subsection (a)(2)

(A)

in subparagraph (B), by inserting the exercise of discretion arising under after no court shall have jurisdiction to review;

(B)

in subparagraph (D), by striking raised upon a petition for review filed with an appropriate court of appeals in accordance with this section;

(2)

in subsection (b)(2), by inserting or, in the case of a decision rendered under section 245E(c), in the judicial circuit in which the petitioner resides after proceedings; and

(3)

by adding at the end the following:

(h)

Judicial review of eligibility determinations relating to status under chapter 5

(1)

Direct review

If an alien's application under section 245B, 245C, or 245D is denied, or is revoked after the exhaustion of administrative appellate review under section 245E(c), the alien may seek review of such decision, in accordance with chapter 7 of title 5, United States Code, before the United States district court for the district in which the person resides.

(2)

Status during review

While a review described in paragraph (1) is pending—

(A)

the alien shall not be deemed to accrue unlawful presence for purposes of section 212(a)(9);

(B)

any unexpired grant of voluntary departure under section 240B shall be tolled; and

(C)

the court shall have the discretion to stay the execution of any order of exclusion, deportation, or removal.

(3)

Review after removal proceedings

An alien may seek judicial review of a denial or revocation of approval of the alien's application under section 245B, 245C, or 245D in the appropriate United States court of appeal in conjunction with the judicial review of an order of removal, deportation, or exclusion if the validity of the denial has not been upheld in a prior judicial proceeding under paragraph (1).

(4)

Standard for judicial review

(A)

Basis

Judicial review of a denial, or revocation of an approval, of an application under section 245B, 245C, or 245D shall be based upon the administrative record established at the time of the review.

(B)

Authority to remand

The reviewing court may remand a case under this subsection to the Secretary of Homeland Security for consideration of additional evidence if the court finds that—

(i)

the additional evidence is material; and

(ii)

there were reasonable grounds for failure to adduce the additional evidence before the Secretary.

(C)

Scope of review

Notwithstanding any other provision of law, judicial review of all questions arising from a denial, or revocation of an approval, of an application under section 245B, 245C, or 245D shall be governed by the standard of review set forth in section 706 of title 5, United States Code.

(5)

Remedial powers

(A)

Jurisdiction

Notwithstanding any other provision of law, the United States district courts shall have jurisdiction over any cause or claim arising from a pattern or practice of the Secretary of Homeland Security in the operation or implementation of the Border Security, Economic Opportunity, and Immigration Modernization Act , or the amendments made by such Act, that is arbitrary, capricious, or otherwise contrary to law.

(B)

Scope of relief

The United States district courts may order any appropriate relief in a clause or claim described in subparagraph (A) without regard to exhaustion, ripeness, or other standing requirements (other than constitutionally-mandated requirements), if the court determines that—

(i)

the resolution of such cause or claim will serve judicial and administrative efficiency; or

(ii)

a remedy would otherwise not be reasonably available or practicable.

(6)

Challenges to the validity of the system

(A)

In general

Except as provided in paragraph (5), any claim that section 245B, 245C, 245D, or 245E or any regulation, written policy, or written directive, issued or unwritten policy or practice initiated by or under the authority of the Secretary of Homeland Security to implement such sections, violates the Constitution of the United States or is otherwise in violation of law is available exclusively in an action instituted in United States District Court in accordance with the procedures prescribed in this paragraph.

(B)

Savings provision

Except as provided in subparagraph (C), nothing in subparagraph (A) may be construed to preclude an applicant under 245B, 245C, or 245D from asserting that an action taken or a decision made by the Secretary with respect to the applicant's status was contrary to law.

(C)

Class actions

Any claim described in subparagraph (A) that is brought as a class action shall be brought in conformity with—

(i)

the Class Action Fairness Act of 2005 ( Public Law 109–2 ); and

(ii)

the Federal Rules of Civil Procedure.

(D)

Preclusive effect

The final disposition of any claim brought under subparagraph (A) shall be preclusive of any such claim asserted by the same individual in a subsequent proceeding under this subsection.

(E)

Exhaustion and stay of proceedings

(i)

In general

No claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section 245E(c).

(ii)

Stay authorized

Nothing in this paragraph may be construed to prevent the court from staying proceedings under this paragraph to permit the Secretary to evaluate an allegation of an unwritten policy or practice or to take corrective action. In determining whether to issue such a stay, the court shall take into account any harm the stay may cause to the claimant.

.

(c)

Rule of construction

Section 244(h) shall not limit the authority of the Secretary to adjust the status of an alien under section 245C or 245D of the Immigration and Nationality Act, as added by this subtitle.

(d)

Effect of failure to register on eligibility for immigration benefits

Failure to comply with section 264.1(f) of title 8, Code of Federal Regulations or with removal orders or voluntary departure agreements based on such section for acts committed before the date of the enactment of this Act shall not affect the eligibility of an alien to apply for a benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ).

(e)

Clerical amendment

The table of contents is amended by inserting after the item relating to section 245A the following:

Sec. 245B. Adjustment of status of eligible entrants before December 31, 2011, to that of registered provisional immigrant.

Sec. 245C. Adjustment of status of registered provisional immigrants.

Sec. 245D. Adjustment of status for certain aliens who entered the United States as children.

Sec. 245E. Additional requirements relating to registered provisional immigrants and others.

.

2105.

Criminal penalty

(a)

In general

Chapter 69 of title 18, United States Code, is amended by adding at the end the following:

1430.

Improper use of information relating to registered provisional immigrant applications

Any person who knowingly uses, publishes, or permits information described in section 245E(a) of the Immigration and Nationality Act to be examined in violation of such section shall be fined not more than $10,000.

.

(b)

Deposit of fines

All criminal penalties collected under section 1430 of title 18, United States Code, as added by subsection (a), shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1).

(c)

Clerical amendment

The table of sections in chapter 69 of title 18, United States Code, is amended by adding at the end the following:

1430. Improper use of information relating to registered provisional immigrant applications.

.

2106.

Grant program to assist eligible applicants

(a)

Establishment

The Secretary may establish, within U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible public or private nonprofit organizations that will use the funding to assist eligible applicants under section 245B, 245C, or 245D of the Immigration and Nationality Act by providing them with the services described in subsection (c).

(b)

Eligible public or private non-profit organization

The term eligible public or private nonprofit means a nonprofit, tax-exempt organization, including a community, faith-based or other immigrant-serving organization, whose staff has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, persons granted asylum, or persons applying for such statuses.

(c)

Use of funds

Grant funds awarded under this section may be used for the design and implementation of programs that provide—

(1)

information to the public regarding the eligibility and benefits of registered provisional immigrant status authorized under section 245B of the Immigration and Nationality Act, particularly individuals potentially eligible for such status;

(2)

assistance, within the scope of authorized practice of immigration law, to individuals submitting applications for registered provisional immigrant status, including—

(A)

screening prospective applicants to assess their eligibility for such status;

(B)

completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence;

(C)

applying for any waivers for which applicants and qualifying family members may be eligible; and

(D)

providing any other assistance that the Secretary or grantees consider useful or necessary to apply for registered provisional immigrant status;

(3)

assistance, within the scope of authorized practice of immigration law, to individuals seeking to adjust their status to that of an alien admitted for permanent residence under section 245C of the Immigration and Nationality Act; and

(4)

assistance, within the scope of authorized practice of immigration law, and instruction, to individuals—

(A)

on the rights and responsibilities of United States citizenship;

(B)

in civics and civics-based English as a second language; and

(C)

in applying for United States citizenship.

(d)

Source of grant funds

(1)

Application fees

The Secretary may use up to $50,000,000 from the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1) to carry out this section.

(2)

Authorization of appropriations

(A)

Amounts authorized

In addition to the amounts made available under paragraph (1), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2014 through 2018 to carry out this section .

(B)

Availability

Any amounts appropriated pursuant to subparagraph (A) shall remain available until expended.

2107.

Conforming amendments to the Social Security Act

(a)

Correction of Social Security records

(1)

In general

Section 208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) is amended—

(A)

in subparagraph (B)(ii), by striking or at the end;

(B)

in subparagraph (C), by striking the comma at the end and inserting a semicolon;

(C)

by inserting after subparagraph (C) the following:

(D)

who is granted status as a registered provisional immigrant under section 245B or 245D of the Immigration and Nationality Act; or

(E)

whose status is adjusted to that of lawful permanent resident under section 245C of the Immigration and Nationality Act,

; and

(D)

in the undesignated matter at the end, by inserting , or in the case of an alien described in subparagraph (D) or (E), if such conduct is alleged to have occurred before the date on which the alien submitted an application under section 245B of such Act for classification as a registered provisional immigrant before the period at the end.

(2)

Effective date

The amendments made by paragraph (1) shall take effect on the first day of the tenth month that begins after the date of the enactment of this Act.

(b)

State discretion regarding termination of parental rights

(1)

In general

A compelling reason for a State not to file (or to join in the filing of) a petition to terminate parental rights under section 475(5)(E) of the Social Security Act (42 U.S.C. 675(5)(E)) shall include—

(A)

the removal of the parent from the United States; or

(B)

the involvement of the parent in (including detention pursuant to) an immigration proceeding, unless the parent is unfit or unwilling to be a parent of the child.

(2)

Conditions

Before a State may file to terminate the parental rights under such section 475(5)(E)

(A)

the State (or the county or other political subdivision of the State, as applicable) shall make reasonable efforts—

(i)

to identify, locate, and contact, through the diplomatic or consular offices of the country to which the parent was removed or in which a parent or relative resides—

(I)

any parent of the child who has been removed from the United States; and

(II)

if possible, any potential adult relative of the child (as described in section 471(a)(29));

(ii)

to notify such parent or relative of the intent of the State (or the county or other political subdivision of the State, as applicable) to file (or to join in the filing of) a petition referred to in paragraph (1); or

(iii)

to reunify the child with any such parent or relative; and

(B)

appropriate services have been provided (and documented) to the parent or relative.

(3)

Conforming amendment

Section 475(5)(E)(ii) of the Social Security Act (42 U.S.C. 675(5)(E)) is amended by inserting , including the reason set forth in section 2107(b)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act after child.

(c)

Children separated from parents and caregivers

(1)

State plan for foster care and adoption assistance

Section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is amended—

(A)

by amending paragraph (19) to read as follows:

(19)

provides that the State shall consider giving preference to an adult relative over a nonrelated caregiver when determining a placement for a child if—

(A)

the relative caregiver meets all relevant State child protection standards; and

(B)

the standards referred to in subparagraph (A) ensure that the immigration status alone of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from being a placement for a child;

; and

(B)

in paragraph (32), by striking and at the end;

(C)

in paragraph (33), by striking the period at the end and inserting ; and; and

(D)

by adding at the end the following:

(34)

provides that the State shall—

(A)

ensure that the case manager for a separated child is capable of communicating in the native language of such child and of the family of such child, or an interpreter who is so capable is provided to communicate with such child and the family of such child at no cost to the child or to the family of such child;

(B)

coordinate with the Department of Homeland Security to ensure that parents who wish for their child to accompany them to their country of origin are given adequate time and assistance to obtain a passport and visa, and to collect all relevant vital documents, such as birth certificate, health, and educational records and other information;

(C)

coordinate with State agencies regarding alternate documentation requirements for a criminal records check or a fingerprint-based check for a caregiver that does not have Federal or State-issued identification;

(D)

preserve, to the greatest extent possible, the privacy and confidentiality of all information gathered in the course of administering the care, custody, and placement of, and follow up services provided to, a separated child, consistent with the best interest of such child, by not disclosing such information to other government agencies or persons (other than a parent, guardian, or relative caregiver or such child), except that the head of the State agency may disclose such information, after placing a written record of the disclosure in the file of the child—

(i)

to a consular official for the purpose of reunification of a child with a parent, legal guardian, or relative caregiver who has been removed or is involved in an immigration proceeding, unless the child has refused contact with, or the sharing of personal or identifying information with, the government of his or her country of origin;

(ii)

when authorized to do so by the child (if the child has attained 18 years of age) if the disclosure is consistent with the best interest of the child; or

(iii)

to a law enforcement agency if the disclosure would prevent imminent and serious harm to another individual; and

(E)

not less frequently than annually, compile, update, and publish a list of entities in the State that are qualified to provide guardian and legal representation services for a separated child, in a language such that a child can read and understand.

.

(2)

Additional information to be included in case plan

Section 475 of such Act (42 U.S.C. 675) is amended—

(A)

in paragraph (1), by adding at the end the following:

(H)

In the case of a separated child with respect to whom the State plan requires the State to provide services under section 471(a)(34)

(i)

the location of the parent, guardian, or relative described in paragraph (9)(A) from whom the child has been separated; and

(ii)

a written record of each disclosure to a government agency or person (other than such a parent, guardian, or relative) of information gathered in the course of tracking the care, custody, and placement of, and follow-up services provided to, the child.

; and

(B)

by adding at the end the following:

(9)

The term separated child means an individual who—

(A)

has a parent, legal guardian, or primary caregiver who has been—

(i)

detained by a Federal, State, or local law enforcement agency in the enforcement of an immigration law; or

(ii)

removed from the United States as a result of a violation of such a law; and

(B)

is in foster care under the responsibility of a State.

.

(3)

Effective date

The amendments made by this subsection shall take effect on the 1st day of the 1st calendar quarter that begins after the 1-year period that begins on the date of the enactment of this Act.

2108.

Government contracting and acquisition of real property interest

(a)

Exemption from government contracting and hiring rules

(1)

In general

A determination by a Federal agency to use a procurement competition exemption under section 253(c) of title 41, United States Code, or to use the authority granted in paragraph (2), for the purpose of implementing this title and the amendments made by this title is not subject to challenge by protest to the Government Accountability Office under sections 3551 and 3556 of title 31, United States Code, or to the Court of Federal Claims, under section 1491 of title 28, United States Code. An agency shall immediately advise the Congress of the exercise of the authority granted under this paragraph.

(2)

Government contracting exemption

The competition requirement under section 253(a) of title 41, United States Code, may be waived or modified by a Federal agency for any procurement conducted to implement this title or the amendments made by this title if the senior procurement executive for the agency conducting the procurement—

(A)

determines that the waiver or modification is necessary; and

(B)

submits an explanation for such determination to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.

(3)

Hiring rules exemption

Notwithstanding any other provision of law, the Secretary of Homeland Security is authorized to make term, temporary limited, and part-time appointments of employees who will implement this title and the amendments made by this title without regard to the number of such employees, their ratio to permanent full-time employees, and the duration of their employment. Nothing in chapter 71 of title 5, United States Code, shall affect the authority of any Department of Homeland Security management official to hire term, temporary limited or part-time employees under this paragraph.

(b)

Authority to waive annuity limitations

Section 824(g)(2)(B) of the Foreign Service Act of 1980 ( 22 U.S.C. 4064(g)(2)(B) ) is amended by striking 2009 and inserting 2017.

(c)

Authority to acquire leaseholds

Notwithstanding any other provision of law, the Secretary of Homeland Security may acquire a leasehold interest in real property, and may provide in a lease entered into under this subsection for the construction or modification of any facility on the leased property, if the Secretary determines that the acquisition of such interest, and such construction or modification, are necessary in order to facilitate the implementation of this title and the amendments made by this title.

2109.

Long-term legal residents of the Commonwealth of the Northern Mariana Islands

Section (6)(e) of the Joint Resolution entitled A Joint Resolution to approve the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes, approved March 24, 1976 (48 U.S.C. 1806(e)), as added by section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110–229; 122 Stat. 854), is amended by adding at the end the following:

(6)

Special provision regarding long-term residents of the commonwealth

(A)

CNMI-only resident status

Notwithstanding paragraph (1), an alien described in subparagraph (B) may, upon the application of the alien, be admitted as an immigrant to the Commonwealth subject to the following rules:

(i)

The alien shall be treated as an immigrant lawfully admitted for permanent residence in the Commonwealth only, including permitting entry to and exit from the Commonwealth, until the earlier of the date on which—

(I)

the alien ceases to permanently reside in the Commonwealth; or

(II)

the alien’s status is adjusted under this paragraph or section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) to that of an alien lawfully admitted for permanent residence in accordance with all applicable eligibility requirements.

(ii)

The Secretary of Homeland Security shall establish a process for such aliens to apply for CNMI-only permanent resident status during the 90-day period beginning on the first day of the sixth month after the date of the enactment of this paragraph.

(iii)

Nothing in this subparagraph may be construed to provide any alien status under this subparagraph with public assistance to which the alien is not otherwise entitled.

(B)

Aliens described

An alien is described in this subparagraph if the alien—

(i)

is lawfully present in the Commonwealth under the immigration laws of the United States;

(ii)

is otherwise admissible to the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.);

(iii)

resided continuously and lawfully in the Commonwealth from November 28, 2009, through the date of the enactment of this paragraph;

(iv)

is not a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau; and

(v)
(I)

was born in the Northern Mariana Islands between January 1, 1974 and January 9, 1978;

(II)

was, on May 8, 2008, and continues to be as of the date of the enactment of this paragraph, a permanent resident (as defined in section 4303 of title 3 of the Northern Mariana Islands Commonwealth Code, in effect on May 8, 2008);

(III)

is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))), of an alien described in subclauses (I) or (II);

(IV)

was, on May 8, 2008, an immediate relative (as defined in section 4303 of title 3 of the Northern Mariana Islands Commonwealth Code, in effect on May 8, 2008, of a United States citizen, notwithstanding the age of the United States citizen, and continues to be such an immediate relative on the date of the application described in subparagraph (A);

(V)

resided in the Northern Mariana Islands as a guest worker under Commonwealth immigration law for at least 5 years before May 8, 2008 and is presently resident under CW-1 status; or

(VI)

is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))), of the alien guest worker described in subclause (V) and is presently resident under CW-2 status.

(C)

Adjustment for long term and permanent residents

Beginning on the date that is 5 years after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act , an alien described in subparagraph (B) may apply to receive an immigrant visa or to adjust his or her status to that of an alien lawfully admitted for permanent residence.

.

2110.

Rulemaking

(a)

In general

Not later than 1 year after the date of the enactment of this Act, the Secretary, the Attorney General, and the Secretary of State separately shall issue interim final regulations to implement this subtitle and the amendments made by this subtitle, which shall take effect immediately upon publication in the Federal Register.

(b)

Application procedures; processing fees; documentation

The interim final regulations issued under subsection (a) shall include—

(1)

the procedures by which an alien, and the dependent spouse and children of such alien may apply for status under section 245B of the Immigration and Nationality Act, as added by section 2101 of this Act, as a registered provisional immigrant or a registered provisional immigrant dependent, as applicable, including the evidence required to demonstrate eligibility for such status or to be included in each application for such status;

(2)

the criteria to be used by the Secretary to determine—

(A)

the maximum processing fee payable under sections 245B(c)(10)(B) and 245C(c)(5)(A) of such Act by a family, including spouses and unmarried children younger than 21 years of age; and

(B)

which individuals will be exempt from such fees;

(3)

the documentation required to be submitted by the applicant to demonstrate compliance with section 245C(b)(3) of such Act; and

(4)

the procedures for a registered provisional immigrant to apply for adjustment of status under section 245C or 245D of such Act, including the evidence required to be submitted with such application to demonstrate the applicant's eligibility for such adjustment.

(c)

Exemption from National Environmental Policy Act

Any decision by the Secretary concerning any rulemaking action, plan, or program described in this section shall not be considered to be a major Federal action subject to review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).

2111.

Statutory construction

Except as specifically provided, nothing in this subtitle, or any amendment made by this subtitle, may be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

B

Agricultural Worker Program

2201.

Short title

This subtitle may be cited as the Agricultural Worker Program Act of 2013 .

2202.

Definitions

In this subtitle:

(1)

Blue card status

The term blue card status means the status of an alien who has been lawfully admitted into the United States for temporary residence under section 2211.

(2)

Agricultural employment

The term agricultural employment

(A)

subject to subparagraph (B) has the meaning given such term in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802), without regard to whether the specific service or activity is temporary or seasonal; and

(B)

includes farming in all its branches, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to, or in conjunction with, such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market.

(3)

Child

The term child has the meaning given the term in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ).

(4)

Employer

The term employer means any person or entity, including any farm labor contractor and any agricultural association, that employs workers in agricultural employment.

(5)

Qualified designated entity

The term qualified designated entity means—

(A)

a qualified farm labor organization or an association of employers designated by the Secretary; or

(B)

any other entity that the Secretary designates as having substantial experience, demonstrated competence, and a history of long-term involvement in the preparation and submission of application for adjustment of status under title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ).

(6)

Work day

The term work day means any day in which the individual is employed 5.75 or more hours in agricultural employment.

1

Program for earned status adjustment of agricultural workers

A

Blue card status

2211.

Requirements for blue card status

(a)

Requirements for blue card status

Notwithstanding any other provision of law, the Secretary, after conducting the national security and law enforcement clearances required under section 245B(c)(4), may grant blue card status to an alien who—

(1)
(A)

performed agricultural employment in the United States for not fewer than 575 hours or 100 work days during the 2-year period ending on December 31, 2012; or

(B)

is the spouse or child of an alien described in paragraph (1);

(2)

submits a completed application before the end of the period set forth in subsection (b)(2); and

(3)

is not ineligible under paragraph (3) or (4) of section 245B(b) of the Immigration and Nationality Act.

(b)

Application

(1)

In general

An alien who meets the eligibility requirements set forth in subsection (a)(1), may apply for blue card status and that alien’s spouse or child may apply for agricultural worker status as a dependent, by submitting a completed application form to the Secretary during the application period set forth in paragraph (2) in accordance with the final rule promulgated by the Secretary pursuant to subsection (f).

(2)

Application period

(A)

Initial period

Except as provided in subparagraph (B), the Secretary may only accept applications for blue card status from aliens in the United States during the 1-year period beginning on the date on which the final rule is published in the Federal Register pursuant to subsection (f).

(B)

Extension

If the Secretary determines, during the initial period described in subparagraph (A), that additional time is required to process applications for blue card status or for other good cause, the Secretary may extend the period for accepting applications for an additional 18 months.

(3)

Application form

(A)

Required information

The application form referred to in paragraph (1) shall collect such information as the Secretary determines necessary and appropriate.

(B)

Family application

The Secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien, his or her spouse, and his or her children, who are residing in the United States.

(C)

Interview

The Secretary may interview applicants for blue card status to determine whether they meet the eligibility requirements set forth in subsection (a)(1).

(4)

Aliens apprehended before or during the application period

If an alien, who is apprehended during the period beginning on the date of the enactment of this Act and ending on the application period described in paragraph (2), appears prima facie eligible for blue card status, the Secretary

(A)

shall provide the alien with a reasonable opportunity to file an application under this section during such application period; and

(B)

may not remove the individual until a final administrative determination is made on the application.

(5)

Suspension of removal during application period

(A)

Protection from detention or removal

An alien granted blue card status may not be detained by the Secretary or removed from the United States unless—

(i)

such alien is, or has become, ineligible for blue card status under subsection (a)(1)(C); or

(ii)

the alien’s blue card status has been revoked under subsection (2).

(B)

Aliens in removal proceedings

Notwithstanding any other provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. )

(i)

if the Secretary determines that an alien, during the period beginning on the date of the enactment of this section and ending on the last day of the application period described in paragraph (2), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for blue card status under this section—

(I)

the Secretary shall provide the alien with the opportunity to file an application for such status; and

(II)

upon motion by the Secretary and with the consent of the alien or upon motion by the alien, the Executive Office for Immigration Review shall—

(aa)

terminate such proceedings without prejudice to future proceedings on any basis; and

(bb)

provide the alien a reasonable opportunity to apply for such status; and

(ii)

if the Executive Office for Immigration Review determines that an alien, during the application period described in paragraph (2), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for blue card status under this section—

(I)

the Executive Office of Immigration Review shall notify the Secretary of such determination; and

(II)

if the Secretary does not dispute the determination of prima facie eligibility within 7 days after such notification, the Executive Office for Immigration Review, upon consent of the alien, shall—

(aa)

terminate such proceedings without prejudice to future proceedings on any basis; and

(bb)

permit the alien a reasonable opportunity to apply for such status.

(C)

Treatment of certain aliens

(i)

In general

If an alien who meets the eligibility requirements set forth in subsection (a) is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision of this Act—

(I)

notwithstanding such order or section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)), the alien may apply for blue card status under this section; and

(II)

if the alien is granted such status, the alien shall file a motion to reopen the exclusion, deportation, removal, or voluntary departure order, which motion shall be granted unless 1 or more of the grounds of ineligibility is established by clear and convincing evidence.

(ii)

Limitations on motions to reopen

The limitations on motions to reopen set forth in section 240(c)(7) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)) shall not apply to motions filed under clause (i)(II).

(D)

Period pending adjudication of application

(i)

In general

During the period beginning on the date on which an alien applies for blue card status under paragraph (1) and the date on which the Secretary makes a final decision regarding such application, the alien—

(I)

may receive advance parole to reenter the United States if urgent humanitarian circumstances compel such travel;

(II)

may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for blue card status under subsection (a)(1)(c);

(III)

shall not be considered unlawfully present for purposes of section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) ); and

(IV)

shall not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )).

(ii)

Evidence of application filing

As soon as practicable after receiving each application for blue card status, the Secretary shall provide the applicant with a document acknowledging the receipt of such application.

(iii)

Continuing employment

An employer who knows an alien employee is an applicant for blue card status or will apply for such status once the application period commences is not in violation of section 274A(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(2) ) if the employer continues to employ the alien pending the adjudication of the alien employee's application.

(iv)

Effect of departure

Section 101(g) of the Immigration and Nationality Act ( 8 U.S.C. 1101(g) ) shall not apply to an alien granted—

(I)

advance parole under clause (i)(I) to reenter the United States; or

(II)

blue card status.

(6)

Security and law enforcement clearances

(A)

Biometric and biographic data

The Secretary may not grant blue card status to an alien or an alien dependent spouse or child under this section unless such alien submits biometric and biographic data in accordance with procedures established by the Secretary.

(B)

Alternative procedures

The Secretary shall provide an alternative procedure for applicants who cannot provide the standard biometric data required under subparagraph (A) because of a physical impairment.

(C)

Clearances

(i)

Data collection

The Secretary shall collect, from each alien applying for status under this section, biometric, biographic, and other data that the Secretary determines to be appropriate—

(I)

to conduct national security and law enforcement clearances; and

(II)

to determine whether there are any national security or law enforcement factors that would render an alien ineligible for such status.

(ii)

Prerequisite

The required clearances described in clause (i)(I) shall be completed before the alien may be granted blue card status.

(7)

Duration of status and extension

(A)

In general

After the date that is 8 years after the date regulations are published under this section, no alien may remain in blue card status.

(B)

Extension

An extension of blue card status may not be granted by the Secretary until renewed national security and law enforcement clearances have been completed with respect to the applicant, to the satisfaction of the Secretary.

(8)

Fees and penalties

(A)

Standard processing fee

(i)

In general

Aliens who are 16 years of age or older and are applying for blue card status under paragraph (2), or for an extension of such status, shall pay a processing fee to the Department of Homeland Security in an amount determined by the Secretary.

(ii)

Recovery of costs

The processing fee authorized under clause (i) shall be set at a level that is sufficient to recover the full costs of processing the application, including any costs incurred—

(I)

to adjudicate the application;

(II)

to take and process biometrics;

(III)

to perform national security and criminal checks, including adjudication;

(IV)

to prevent and investigate fraud; and

(V)

to administer the collection of such fee.

(iii)

Authority to limit fees

The Secretary, by regulation, may—

(I)

limit the maximum processing fee payable under this subparagraph by a family, including spouses and unmarried children younger than 21 years of age; and

(II)

exempt defined classes of individuals from the payment of the fee authorized under clause (i).

(B)

Deposit and use of processing fees

Fees collected pursuant to subparagraph (A)(i)

(i)

shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1);

(ii)

may be used for the purposes set forth in section 6(a)(3)(B).

(C)

Penalty

(i)

Payment

In addition to the processing fee required under subparagraph (A), aliens who are 21 years of age or older and are applying for blue card status under paragraph (2) shall pay a $100 penalty to the Department.

(ii)

Deposit

Penalties collected pursuant to clause (i) shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1).

(9)

Adjudication

(A)

Failure to submit sufficient evidence

The Secretary shall deny an application submitted by an alien who fails to submit—

(i)

requested initial evidence, including requested biometric data; or

(ii)

any requested additional evidence by the date required by the Secretary.

(B)

Amended application

An alien whose application for blue card status is denied under subparagraph (A) may file an amended application for such status to the Secretary if the amended application—

(i)

is filed within the application period described in paragraph (2); and

(ii)

contains all the required information and fees that were missing from the initial application.

(10)

Evidence of blue card status

(A)

In general

The Secretary shall issue documentary evidence of blue card status to each alien whose application for such status has been approved.

(B)

Documentation features

Documentary evidence provided under subparagraph (A)

(i)

shall be machine-readable and tamper-resistant, and shall contain a digitized photograph;

(ii)

shall, during the alien’s authorized period of admission, and any extension of such authorized admission, serve as a valid travel and entry document for the purpose of applying for admission to the United States;

(iii)

may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b)(1)(B) ); and

(iv)

shall include such other features and information as the Secretary may prescribe.

(c)

Terms and conditions of blue card status

(1)

Conditions of blue card status

(A)

Employment

Notwithstanding any other provision of law, including section 241(a)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(7) ), an alien with blue card status shall be authorized to be employed in the United States while in such status.

(B)

Travel outside the united states

An alien with blue card status may travel outside of the United States and may be admitted, if otherwise admissible, upon returning to the United States without having to obtain a visa if—

(i)

the alien is in possession of—

(I)

valid, unexpired documentary evidence of blue card status that complies with subsection (b)(11); or

(II)

a travel document that has been approved by the Secretary and was issued to the alien after the alien’s original documentary evidence was lost, stolen, or destroyed;

(ii)

the alien’s absence from the United States did not exceed 180 days, unless the alien’s failure to timely return was due to extenuating circumstances beyond the alien’s control; and

(iii)

the alien establishes that the alien is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) ).

(C)

Admission

An alien granted blue card status shall be considered to have been admitted in such status as of the date on which the alien’s application was filed.

(D)

Clarification of status

An alien granted blue card status—

(i)

is lawfully admitted to the United States; and

(ii)

may not be classified as a nonimmigrant or as an alien who has been lawfully admitted for permanent residence.

(2)

Revocation

(A)

In general

The Secretary may revoke blue card status at any time after providing appropriate notice to the alien, and after the exhaustion or waiver of all applicable administrative review procedures under section 245E(c) of the Immigration and Nationality Act, as added by section 2104(a) of this Act, if the alien—

(i)

no longer meets the eligibility requirements described in subsection (a)(1)(C);

(ii)

knowingly used documentation issued under this section for an unlawful or fraudulent purpose; or

(iii)

was absent from the United States for—

(I)

any single period longer than 180 days in violation of the requirement under paragraph (1)(B)(ii); or

(II)

for more than 180 days in the aggregate during any calendar year, unless the alien’s failure to timely return was due to extenuating circumstances beyond the alien’s control.

(B)

Additional evidence

(i)

In general

In determining whether to revoke an alien’s status under subparagraph (A), the Secretary may require the alien—

(I)

to submit additional evidence; or

(II)

to appear for an interview.

(ii)

Effect of noncompliance

The status of an alien who fails to comply with any requirement imposed by the Secretary under clause (i) shall be revoked unless the alien demonstrates to the Secretary’s satisfaction that such failure was reasonably excusable.

(C)

Invalidation of documentation

If an alien’s blue card status is revoked under subparagraph (A), any documentation issued by the Secretary to such alien under subsection (b)(11) shall automatically be rendered invalid for any purpose except for departure from the United States.

(3)

Ineligibility for public benefits

An alien who has been granted blue card status is not eligible for any Federal means-tested public benefit (as such term is defined in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613).

(4)

Treatment of blue card status

A noncitizen granted blue card status shall be considered lawfully present in the United States for all purposes while such noncitizen remains in such status, except that the noncitizen—

(A)

is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986;

(B)

shall be subject to the rules applicable to individuals who are not lawfully present set forth in subsection (e) of such section; and

(C)

shall be subject to the rules applicable to individuals who are not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071(e)).

(5)

Adjustment to registered provisional immigrant status

The Secretary may adjust the status of an alien who has been granted blue card status to the status of a registered provisional immigrant under section 245B if the Secretary determines that the alien is unable to fulfill the agricultural service requirement set forth in section 2212(a)(1).

(d)

Record of employment

(1)

In general

Each employer of an alien granted blue card status shall annually provide—

(A)

a written record of employment to the alien; and

(B)

a copy of such record to the Secretary of Agriculture.

(2)

Civil penalties

(A)

In general

If the Secretary finds, after notice and an opportunity for a hearing, that an employer of an alien granted blue card status has knowingly failed to provide the record of employment required under paragraph (1) or has provided a false statement of material fact in such a record, the employer shall be subject to a civil penalty in an amount not to exceed $500 per violation.

(B)

Limitation

The penalty under subparagraph (A) for failure to provide employment records shall not apply unless the alien has provided the employer with evidence of employment authorization provided under subsection (c).

(C)

Deposit of civil penalties

Civil penalties collected under this paragraph shall be deposited in the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1).

(3)

Termination of obligation

The obligation under paragraph (1) shall terminate on the date that is 8 years after the date of the enactment of this Act.

(e)

Rulemaking

Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall issue final regulations for granting blue card status under this section.

2212.

Adjustment to permanent resident status

(a)

In general

Except as provided in subsection (b), and not earlier than 5 years after the date of the enactment of this Act, the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:

(1)

Qualifying employment

Except as provided in paragraph (3), the alien—

(A)

during the 8-year period beginning on the date of the enactment of this Act, performed not less than 100 work days of agricultural employment during each of 5 years; or

(B)

during the 5-year period beginning on the date of the enactment of this Act, performed not less than 150 work days of agricultural employment during each of 3 years.

(2)

Evidence

An alien may demonstrate compliance with the requirement under paragraph (1) by submitting—

(A)

the record of employment described in section 2211(e);

(B)

documentation that may be submitted under subsection (e)(5); or

(C)

any other documentation designated by the Secretary for such purpose.

(3)

Extraordinary circumstances

(A)

In general

In determining whether an alien has met the requirement under paragraph (1), the Secretary may credit the alien with not more than 12 additional months of agricultural employment in the United States to meet such requirement if the alien was unable to work in agricultural employment due to—

(i)

pregnancy, disabling injury, or disease that the alien can establish through medical records;

(ii)

illness, disease, or other special needs of a child that the alien can establish through medical records;

(iii)

severe weather conditions that prevented the alien from engaging in agricultural employment for a significant period of time; or

(iv)

termination from agricultural employment, if the Secretary determines that—

(I)

the termination was without just cause; and

(II)

the alien was unable to find alternative agricultural employment after a reasonable job search.

(B)

Effect of determination

A determination under subparagraph (A)(iv), with respect to an alien, shall not be conclusive, binding, or admissible in a separate or subsequent judicial or administrative action or proceeding between the alien and a current or prior employer of the alien or any other party.

(4)

Application period

The alien applies for adjustment of status before the alien's agricultural card status expires.

(5)

Fine

The alien pays a fine of $400 to the Secretary, which shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1).

(b)

Grounds for denial of adjustment of status

(1)

In general

The Secretary may not adjust the status of an alien granted blue card status if the alien—

(A)

is no longer eligible for blue card status; or

(B)

failed to perform the qualifying employment requirement under subsection (a)(1), considering any amount credited by the Secretary under subsection (a)(3).

(2)

Maintenance of waivers of inadmissibility

The grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) that were previously waived for the alien or made inapplicable shall not apply for purposes of the alien’s adjustment of status under this section.

(3)

Pending revocation proceedings

If the Secretary has notified the applicant that the Secretary intends to revoke the applicant’s blue card status, the Secretary may not approve an application for adjustment of status under this section unless the Secretary makes a final determination not to revoke the applicant’s status.

(4)

Payment of taxes

(A)

In general

An applicant may not file an application for adjustment of status under this section unless the applicant has satisfied any applicable Federal tax liability.

(B)

Compliance

The applicant may demonstrate compliance with subparagraph (A) by submitting such documentation as the Secretary, in consultation with the Secretary of the Treasury, may require by regulation.

(c)

Spouses and children

Notwithstanding any other provision of law, the Secretary shall grant permanent resident status to the spouse or child of an alien whose status was adjusted under subsection (a) if—

(1)

the spouse or child applies for such status;

(2)

the principal alien includes the spouse and children in an application for adjustment of status to that of a lawful permanent resident; and

(3)

the spouse or child is not ineligible under section 245B(b)(3).

(d)

Numerical limitations do not apply

(1)

In general

The numerical limitations under sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to lawful permanent resident status under this section.

(2)

Conforming amendment

Section 201(b)(1) is amended by adding at the end the following:

(F)

Aliens granted lawful permanent resident status under section 245B.

.

(e)

Submission of applications

(1)

Interview

The Secretary may interview applicants for adjustment of status under this section to determine whether they meet the eligibility requirements set forth in this section.

(2)

Fees

(A)

In general

Applicants for adjustment of status under this section shall pay a processing fee to the Secretary in an amount that will ensure the recovery of the full costs of adjudicating such applications, including—

(i)

the cost of taking and processing biometrics;

(ii)

expenses relating to prevention and investigation of fraud; and

(iii)

costs relating to the administration of the fees collected.

(B)

Authority to limit fees

The Secretary, by regulation—

(i)

may limit the maximum processing fee payable under this paragraph by a family, including spouses and unmarried children younger than 21 years of age; and

(ii)

may exempt individuals described in section 245B(c)(10) of the Immigration and Nationality Act, as added by section 2201 of this Act, and other defined classes of individuals from the payment of the fee under subparagraph (A).

(3)

Disposition of fees

(A)

In general

All fees collected under paragraph (1)(A) shall be deposited as offsetting receipts into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1).

(B)

Use of fees for application processing

Amounts deposited into the Comprehensive Immigration Reform Trust Fund pursuant to subparagraph (A) shall remain available to the Secretary until expended for processing applications for agriculture card status or for adjustment of status under this section or section 2211.

(4)

Documentation of work history

(A)

Burden of proof

An alien applying for blue card status under this section or for adjustment of status under subsection (a) has provided evidence that the alien has worked the requisite number of hours or days required under section 2211(a)(1) or subsection (a)(3), as applicable.

(B)

Timely production of records

If an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment, the alien’s burden of proof under subparagraph (A) may be met by securing timely production of those records under regulations to be promulgated by the Secretary.

(C)

Sufficient evidence

An alien may meet the burden of proof under subparagraph (A) to establish that the alien has performed the days or hours of work referred to in subparagraph (A) by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference.

(f)

Limitation on access to information

Files and records collected or compiled by a qualified designated entity for the purposes of this section are confidential. The Secretary may not have access to such a file or record relating to an alien without the consent of the alien, except as allowed by a court order issued pursuant to subsection (g).

(g)

Confidentiality of information

Except as otherwise provided in this section, the Secretary or any other official or employee of the Department may not—

(1)

use information furnished by the applicant pursuant to an application filed under this subtitle, the information provided by an applicant to a qualified designated entity, or any information provided by an employer or former employer for any purpose other than to make a determination on the application or for imposing the penalties described in subsection (h);

(2)

make any publication in which the information furnished by any particular individual can be identified; or

(3)

permit a person other than a sworn officer or employee of the Department or, with respect to applications filed with a qualified designated entity, that qualified designated entity, to examine individual applications.

(h)

Penalties for false statements in applications

(1)

Criminal penalty

Any person who—

(A)

files an application for blue card status under section 2211 or an adjustment of status under this section and knowingly and willfully falsifies, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or

(B)

creates or supplies a false writing or document for use in making such an application,

shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both.
(2)

Inadmissibility

An alien who is convicted of a crime under paragraph (1) shall be deemed inadmissible to the United States on the ground described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).

(3)

Deposit

Fines collected under paragraph (1) shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1).

(i)

Eligibility for legal services

Section 504(a)(11) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 ( Public Law 104–134 ; 110 Stat. 1321–55) may not be construed to prevent a recipient of funds under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.) from providing legal assistance directly related to an application for blue card status under section 2211 or an adjustment of status under this section.

2213.

Use of information

Beginning not later than the first day of the application period described in section 2211(c)(1), the Secretary, in cooperation with qualified designated entities, shall broadly disseminate information respecting the benefits that aliens may receive under this subchapter and the requirements that an alien is required to meet to receive such benefits.

2214.

Reports on blue cards

Not later than September 30, 2013, and annually thereafter for the next 8 years, the Secretary shall submit a report to Congress that identifies, for the previous fiscal year—

(1)

the number of aliens who applied for blue card status;

(2)

the number of aliens who were granted blue card status;

(3)

the number of aliens who applied for an adjustment of status pursuant to section 2212(a); and

(4)

the number of aliens who received an adjustment of status pursuant section 2212(a).

2215.

Authorization of appropriations

There are authorized to be appropriated to the Secretary such sums as may be necessary to implement this subpart , including any sums needed for costs associated with the initiation of such implementation, for fiscal years 2013 and 2014.

B

Correction of social security records

2221.

Correction of social security records

(a)

In general

Section 208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) is amended—

(1)

in subparagraph (B)(ii), by striking or at the end;

(2)

in subparagraph (C), by inserting or at the end;

(3)

by inserting after subparagraph (C) the following:

(D)

who is granted blue card status under the Agricultural Worker Program Act of 2013 ,

; and

(4)

by striking 1990. and inserting 1990, or in the case of an alien described in subparagraph (D), if such conduct is alleged to have occurred before the date on which the alien was granted blue card status under section 2211(a) of the Agricultural Worker Program Act of 2013 ..

(b)

Effective date

The amendments made by subsection (a) shall take effect on the first day of the seventh month that begins after the date of the enactment of this Act.

2

Nonimmigrant agricultural visa program

2231.

Nonimmigrant classification for nonimmigrant agricultural workers

Section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) is amended—

(1)

in subparagraph (U), by striking or at the end;

(2)

in subparagraph (V), by striking the period at the end and inserting ; or; and

(3)

by adding at the end the following:

(W)

an alien having a residence in a foreign country who is coming to the United States for a temporary period—

(iii)
(I)

to perform services or labor in agricultural employment and who has a written contract that specifies the wages, benefits, and working conditions of such full-time employment in an agricultural occupation with a designated agricultural employer for a specified period of time;

(II)

who meets the requirements under section 218A for a nonimmigrant visa described in this clause; and

(III)

with respect to whom the Secretary of Agriculture has notified the Secretary of Homeland Security and the Secretary of State that the intending employer has accepted the terms and conditions of such employment for such a nonimmigrant; or

(iv)
(I)

to perform services or labor in agricultural employment and who has an offer of full-time employment in an agricultural occupation from a designated agricultural employer for such employment and is not described in clause (i);

(II)

who meets the requirements under section 218A for a nonimmigrant visa described in this clause; and

(III)

with respect to whom the Secretary of Agriculture has notified the Secretary of Homeland Security and the Secretary of State that the intending employer has accepted the terms and conditions of such employment for such a nonimmigrant.

.

2232.

Establishment of nonimmigrant agricultural worker program

(a)

In general

Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 211 et seq.) is amended by adding at the end the following:

218A.

Nonimmigrant agricultural worker program

(a)

Definitions

In this section and in section 101(a)(15)(W):

(1)

Agricultural employment

The term agricultural employment

(A)

subject to subparagraph (B) has the meaning given such term in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802), without regard to whether the specific service or activity is temporary or seasonal; and

(B)

includes farming in all its branches, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to, or in conjunction with, such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market.

(2)

At-will agricultural worker

The term at-will agricultural worker means an alien present in the United States pursuant to section 101(a)(15)(W)(iv).

(3)

Blue card

The term blue card means an employment authorization and travel document issued to an alien granted blue card status under section 2211(a) of the Agricultural Job Opportunities, Benefits, and Security Act of 2013 .

(4)

Contract agricultural worker

The term contract agricultural worker means an alien present in the United States pursuant to section 101(a)(15)(W)(iii).

(5)

Designated agricultural employer

The term designated agricultural employer means an employer who is registered with the Secretary of Agriculture pursuant to subsection (e)(1).

(6)

Electronic job registry

The term Electronic Job Registry means the Electronic Job Registry of a State workforce agency (or similar successor registry).

(7)

Employer

Except as otherwise provided, the term employer means any person or entity, including any farm labor contractor and any agricultural association, that employs workers in agricultural employment.

(8)

Nonimmigrant agricultural worker

The term nonimmigrant agricultural worker mean a nonimmigrant described in clause (iii) or (iv) of section 101(a)(15)(W).

(9)

Program

The term Program means the Nonimmigrant Agricultural Worker Program established under subsection (b).

(10)

Secretary

Except as otherwise specifically provided, the term Secretary means the Secretary of Agriculture.

(11)

United States worker

The term United States worker means an individual who—

(A)

is a national of the United States; or

(B)

is an alien who—

(i)

is lawfully admitted for permanent residence;

(ii)

is admitted as a refugee under section 207;

(iii)

is granted asylum under section 208;

(iv)

holds an blue card; or

(v)

is an immigrant otherwise authorized by this Act or by the Secretary of Homeland Security to be employed in the United States.

(b)

Requirements

(1)

Employer

An employer may not employ an alien for agricultural employment under the Program unless such employer is a designated agricultural employer and complies with the terms of this section.

(2)

Worker

An alien may not be employed for agricultural employment under the Program unless such alien is a nonimmigrant agricultural worker and complies with the terms of this section.

(c)

Numerical limitation

(1)

First 5 years of program

(A)

In general

Subject to paragraph (2), the worldwide level of visas for nonimmigrant agricultural workers for the fiscal year during which the first visa is issued to a nonimmigrant agricultural worker and for each of the following 4 fiscal years shall be equal to—

(i)

112,333; and

(ii)

the numerical adjustment made by the Secretary for such fiscal year in accordance with paragraph (2).

(B)

Quarterly allocation

The annual allocation of visas described in subparagraph (A) shall be evenly allocated between the 4 quarters of the fiscal year unless the Secretary determines that an alternative allocation would better accommodate the seasonal demand for visas. Any unused visas in a quarter shall be added to the allocation for the subsequent quarter of the same fiscal year.

(C)

Effect of 2nd or subsequent designated agricultural employer

A nonimmigrant agricultural worker who has a valid visa issued under this section that counted against the allocation described in subparagraph (A) shall not be recounted against the allocation if the worker is petitioned for by a subsequent designated agricultural employer.

(2)

Annual adjustments for first 5 years of program

(A)

In general

The Secretary, after reviewing relevant evidence submitted by agricultural producers and organizations representing agricultural workers, may increase or decrease, as appropriate, the worldwide level of visas under paragraph (1) for each of the 5 fiscal years referred to in paragraph (1) based on the following factors:

(i)

A demonstrated shortage of agricultural workers.

(ii)

The level of unemployment and underemployment of agricultural workers during the preceding fiscal year.

(iii)

The number of applications for blue card status.

(iv)

The number of blue card visa applications approved.

(v)

The number of nonimmigrant agricultural workers sought by employers during the preceding fiscal year.

(vi)

The estimated number of United States workers, including blue card workers, who worked in agriculture during the preceding fiscal year.

(vii)

The number of nonimmigrant agricultural workers issued a visa in the most recent fiscal year who remain in the United States in compliance with the terms of such visa.

(viii)

The number of United States workers who accepted jobs offered by employers using the Electronic Job Registry during the preceding fiscal year.

(ix)

Any growth or contraction of the United States agricultural industry that has increased or decreased the demand for agricultural workers.

(x)

Any changes in the real wages paid to agricultural workers in the United States as an indication of a shortage or surplus of agricultural labor.

(B)

Notification; implementation

The Secretary shall notify the Secretary of Homeland Security of any change to the worldwide level of visas for nonimmigrant agricultural workers. The Secretary of Homeland Security shall implement such changes.

(C)

Emergency procedures

The Secretary shall establish, by regulation, procedures for immediately adjusting an annual allocation under paragraph (1) for severe labor shortages, as determined by the Secretary.

(3)

Sixth and subsequent years of program

The Secretary, in consultation with the Secretary of Labor, shall establish the worldwide level of visas for nonimmigrant agricultural workers for each fiscal year following the fiscal years referred to in paragraph (1) after considering appropriate factors, including—

(A)

a demonstrated shortage of agricultural workers;

(B)

the level of unemployment and underemployment of agricultural workers during the preceding fiscal year;

(C)

the number of applications for blue card status;

(D)

the number of blue card visa applications approved;

(E)

the number of nonimmigrant agricultural workers sought by employers during the preceding fiscal year;

(F)

the estimated number of United States workers, including blue card workers, who worked in agriculture during the preceding fiscal year;

(G)

the number of nonimmigrant agricultural workers issued a visa in the most recent fiscal year who remain in the United States in compliance with the terms of such visa;

(H)

the number of United States workers who accepted jobs offered by employers using the Electronic Job Registry during the preceding fiscal year;

(I)

any growth or contraction of the United States agricultural industry that has increased or decreased the demand for agricultural workers; and

(J)

any changes in the real wages paid to agricultural workers in the United States as an indication of a shortage or surplus of agricultural labor.

(d)

Requirements for nonimmigrant agricultural workers

(1)

Eligibility for nonimmigrant agricultural worker status

(A)

In general

An alien is not eligible to be admitted to the United States as a nonimmigrant agricultural worker if the alien—

(i)

violated a material term or condition of a previous admission as a nonimmigrant agricultural worker during the most recent 3-year period (other than a contract agricultural worker who voluntarily abandons his or her employment before the end of the contract period or whose employment is terminated by the employer for cause);

(ii)

has not obtained successful clearance of any security and criminal background checks required by the Secretary of Homeland Security or any other examination required under this Act; or

(iii)
(I)

departed from the United States while subject to an order of exclusion, deportation, or removal, or pursuant to an order of voluntary departure; and

(II)
(aa)

is outside of the United States; or

(bb)

has reentered the United States illegally after December 31, 2012 without receiving consent to the alien's reapplication for admission under section 212(a)(9).

(B)

Waiver

The Secretary may waive the application of subparagraph (A)(iii) on behalf of an alien if the alien—

(i)

is the spouse or child of a United States citizen or lawful permanent resident;

(ii)

is the parent of a child who is a United States citizen or lawful permanent resident;

(iii)

meets the requirements set forth in clause (ii) or (iii) of section 245D(b)(1)(A); or

(iv)
(I)

meets the requirements set forth in section 245D(b)(1)(A)(ii);

(II)

is 16 years or older on the date on which the alien applies for nonimmigrant agricultural status; and

(III)

was physically present in the United States for an aggregate period of not less than 3 years during the 6-year period immediately preceding the date of the enactment of this section.

(2)

Term of stay for nonimmigrant agricultural workers

(A)

In general

(i)

Initial admission

A nonimmigrant agricultural worker may be admitted into the United States in such status for an initial period of 3 years.

(ii)

Renewal

A nonimmigrant agricultural worker may renew such worker's period of admission in the United States for 1 additional 3-year period.

(B)

Break in presence

A nonimmigrant agricultural worker who has been admitted to the United States for 2 consecutive periods under subparagraph (A) is ineligible to renew the alien's nonimmigrant agricultural worker status until such alien—

(i)

returns to a residence outside the United States for a period of not less than 3 months; and

(ii)

seeks to reenter the United States under the terms of the Program as a nonimmigrant agricultural worker.

(3)

Loss of status

(A)

In general

An alien admitted as a nonimmigrant agricultural worker shall be ineligible for such status and shall be required to depart the United States if such alien—

(i)

after the completion of his or her contract with a designated agricultural employer, is not employed in agricultural employment by a designated agricultural employer; or

(ii)

is an at-will agricultural worker and is not continuously employed by a designated agricultural employer in agricultural employment as an at-will agricultural worker.

(B)

Exception

Subject to subparagraph (C), a nonimmigrant agricultural worker has not violated subparagraph (A) if the contract agricultural worker is not employed in agricultural employment for a period not to exceed 60 days.

(C)

Waiver

Notwithstanding subparagraph (B), the Secretary of Homeland Security may waive the application of clause (i) or (ii) of subparagraph (A) for a nonimmigrant agricultural worker who was not employed in agricultural employment for a period of more than 60 days if such period of unemployment was due to—

(i)

the injury of such worker; or

(ii)

a natural disaster declared by the Secretary.

(D)

Tolling of employment requirement

A nonimmigrant agricultural worker may leave the United States for up to 60 days in any fiscal year while in such status. During the period in which the worker is outside of the United States, the 60-day limit specified in subparagraph (B) shall be tolled.

(4)

Portability of status

(A)

Contract agricultural workers

(i)

In general

Except as provided in clause (ii), an alien who entered the United States as a contract agricultural worker may—

(I)

seek employment as a nonimmigrant agricultural worker with a designated agricultural employer other than the designated agricultural employer with whom the employee had a contract described in section 101(a)(15)(W)(ii)(I); and

(II)

accept employment with such new employer after the date the contract agricultural worker completes such contract.

(ii)

Voluntary abandonment; termination for cause

A contract agricultural worker who voluntarily abandons his or her employment before the end of the contract period or whose employment is terminated for cause by the employer—

(I)

may not accept subsequent employment with another designated agricultural employer without first departing the United States and reentering pursuant to a new offer of employment; and

(II)

is not entitled to the 75 percent payment guarantee described in subsection (e)(4)(B).

(iii)

Termination by mutual agreement

The termination of an employment contract by mutual agreement of the designated agricultural employer and the contract agricultural worker shall not be considered voluntary abandonment for purposes of clause (ii).

(B)

At-will agricultural workers

An alien who entered the United States as an at-will agricultural worker may seek employment as an at-will agricultural worker with any other designated agricultural employer referred to in section 101(a)(15)(W)(iii)(I).

(5)

Prohibition on geographic limitation

A nonimmigrant visa issued to a nonimmigrant agricultural worker—

(A)

shall not limit the geographical area within which such worker may be employed;

(B)

shall not limit the type of agricultural employment such worker may perform; and

(C)

may restrict such worker to employment with designated agricultural employers.

(6)

Treatment of spouses and children

A spouse or child of a nonimmigrant agricultural worker—

(A)

shall not be entitled to visa or other immigration status by virtue of the relationship of such spouse or child to such worker; and

(B)

may be provided status as a nonimmigrant agricultural worker if the spouse or child is independently qualified for such status.

(e)

Employer requirements

(1)

Designated agricultural employer status

(A)

Registration requirement

Each employer seeking to employ nonimmigrant agricultural workers shall register for designated agricultural employer status by submitting to the Secretary, through the Farm Service Agency in the geographic area of the employer or electronically to the Secretary, a registration that includes—

(i)

the employer's employer identification number; and

(ii)

a registration fee, in an amount determined by the Secretary.

(B)

Criteria

The Secretary shall grant designated agricultural employer status to an employer who submits an registration for such status that includes—

(i)

documentation that the employer is engaged in agriculture;

(ii)

the estimated number of nonimmigrant agricultural workers the employer will need each year;

(iii)

the anticipated periods during which the employer will need such workers; and

(iv)

documentation establishing need for a specified agricultural occupation or occupations.

(C)

Designation

(i)

Registration number

The Secretary shall assign each employer that meets the criteria established pursuant to subparagraph (B) with a designated agricultural employer registration number.

(ii)

Term of designation

Each employer granted designated agricultural employer status under this paragraph shall retain such status for a term of 3 years.

(D)

Assistance

In carrying out the functions described in this subsection, the Secretary may work through the Farm Service Agency, or any other agency in the Department of Agriculture

(i)

to assist agricultural employers with the registration process under this paragraph by providing such employers with—

(I)

technical assistance and expertise;

(II)

internet access for submitting such applications; and

(III)

a nonelectronic means for submitting such registrations; and

(ii)

to provide resources about the Program, including best practices and compliance related assistance and resources or training to assist in retention of such workers to agricultural employers.

(E)

Deposit of registration fee

All registration fees collected under subparagraph (A)(ii) shall be deposited in the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act .

(2)

Nonimmigrant agricultural worker petition process

(A)

In general

Not later than 45 days before the date on which nonimmigrant agricultural workers are needed, a designated agricultural employer seeking to employ such workers shall submit a petition to the Secretary of Homeland Security that includes the employer’s designated agricultural employer registration number.

(B)

Attestation

An application submitted under subparagraph (A) shall include an attestation of the following

(i)

the number of named or unnamed nonimmigrant agricultural workers the designated agricultural employer is seeking to employ during the applicable period of employment;

(ii)

the total number of contract agricultural workers and of at-will agricultural workers the employer will require for each occupational category;

(iii)

the anticipated period, including expected beginning and ending dates, during which such employees will be needed;

(iv)

evidence of contracts or written disclosures of employment terms and conditions in accordance with the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.), which have been provided to the nonimmigrant agricultural workers, or a sample of such contract or disclosure for unnamed workers;

(v)

the information submitted to the State workforce agency pursuant to paragraph (3)(A)(i);

(vi)

the record of United States workers described in paragraph (3)(A)(iv) on the date of the request;

(vii)

evidence of offers of employment made to United States workers as required under paragraph (3)(B); and

(viii)

that the employer has complied with the conditions pursuant to (4)(A) and (4)(B).

(C)

Employment authorization when changing employers

Nonimmigrant agricultural workers in the United States who are identified in a petition submitted pursuant to subparagraph (A) and are in lawful status may commence employment with their designated agricultural employer after such employer has submitted such petition to the Secretary of Homeland Security.

(3)

Employment of united states workers

(A)

Recruitment

(i)

Filing a job offer with the local office of the state workforce agency

Not later than 60 days before the date on which the employer desires to employ a nonimmigrant agricultural worker, the employer shall submit the job posting for such worker to the local office of the State workforce agency where the job site is located and authorize the posting of the job opportunity on America’s Job Bank or other Electronic Job Registry for a period of 45 days. Nothing in this clause may be construed to require the employer to file an interstate job order under section 653.500 of title 20, Code of Federal Regulations.

(ii)

Construction

Nothing in clause (i) may be construed to cause a listing referred to in clause (i) to be treated as an interstate job order under section 653.500 of title 20, Code of Federal Regulations (or similar successor regulation).

(iii)

Record of united states workers

An employer shall keep a record of all eligible, able, willing, and qualified United States workers who apply for agricultural employment with the employer for the agricultural employment for which the nonimmigrant agricultural nonimmigrant workers are sought.

(B)

Requirement to hire

(i)

United states workers

An employer may not seek a nonimmigrant agricultural worker for agricultural employment unless the employer offers such employment to any equally or better qualified United States worker who will be available at the time and place of need and who applies for such employment during the recruitment period.

(ii)

blue card status

Except as provided in clause (iii), the employer shall, for each job to be filled by a nonimmigrant agricultural worker, offer the job to any eligible alien with blue card status who—

(I)

applies for such job;

(II)

is equally or better qualified for the job; and

(III)

will be available at the time and place of need.

(iii)

Exception

Notwithstanding clauses (i) and (ii), the employer may hire a nonimmigrant described in section 101(a)(15)(H)(ii)(a) for agricultural employment if—

(I)

such worker worked for the employer for 3 years during the 4-year period ending on the date on which the program authorized under section 218 (as in effect on the date of the enactment of the Agricultural Worker Program Act of 2013 ) is terminated; and

(II)

the employer pays such worker the adverse effect wage rate calculated under subsection (f)(5).

(4)

Additional program requirements for designated agricultural employers

Each designated agricultural employer shall comply with the following requirements:

(A)

No displacement of united states workers

(i)

In general

The employer shall not displace a United States worker employed by the employer, other than for good cause, during the period of employment of the nonimmigrant agricultural worker and for a period of 30 days preceding such period in the occupation and at the location of employment for which the employer seeks to employ nonimmigrant agricultural workers.

(ii)

Labor dispute

The employer shall not employ a nonimmigrant agricultural worker for a specific job for which the employer is requesting a nonimmigrant agricultural worker because the former occupant of the job is on strike or being locked out in the course of a labor dispute.

(B)

Guarantee of employment for contract agricultural workers

(i)

Offer to contract worker

The employer shall guarantee to offer contract agricultural workers employment for the hourly equivalent of at least 75 percent of the work days of the total period of employment, beginning with the first work day after the arrival of the worker at the place of employment and ending on the expiration date specified in the job offer. In this clause, the term hourly equivalent means the number of hours in the work days as stated in the job offer and shall exclude the worker’s Sabbath and Federal holidays. If the employer affords the contract agricultural worker less employment than the number of hours required under this subparagraph, the employer shall pay such worker the amount the worker would have earned had the worker worked the guaranteed number of hours.

(ii)

Failure to work

Any hours which the worker fails to work, up to a maximum of the number of hours specified in the job offer for a work day, when the worker has been offered an opportunity to do so, and all hours of work actually performed (including voluntary work in excess of the number of hours specified in the job offer in a work day, on the worker’s Sabbath, or on Federal holidays) may be counted by the employer in calculating whether the period of guaranteed employment has been met.

(iii)

Contract impossibility

If, before the expiration of the period of employment specified in the job offer, the services of a contract agricultural worker are no longer required for reasons beyond the control of the employer due to any form of natural disaster, including a flood, hurricane, freeze, earthquake, fire, drought, plant or animal disease or pest infestation, or regulatory drought, before the guarantee in subparagraph (A) is fulfilled, the employer—

(I)

may terminate the worker’s employment;

(II)

shall fulfill the employment guarantee described in subparagraph (B) for the work days that have elapsed from the first work day after the arrival of the worker to the termination of employment;

(III)

shall make efforts to transfer the worker to other comparable employment acceptable to the worker; and

(IV)

if such a transfer does not take place, shall provide the return transportation required under subparagraph (J).

(C)

Workers’ compensation

(i)

Requirement to provide

If a job referred to in paragraph (3) is not covered by the State workers’ compensation law, the employer shall provide, at no cost to the nonimmigrant agricultural worker, insurance covering injury and disease arising out of, and in the course of, such job.

(ii)

Benefits

The insurance required to be provided under clause (i) shall provide benefits at least equal to those provided under and pursuant to State’s workers’ compensation law for comparable employment.

(D)

Prohibition for use for nonagricultural services

The employer may not employ a nonimmigrant agricultural worker for employment other than agricultural employment.

(E)

Wages

The employer shall pay the wage required under subsection (f).

(F)

Deduction of wages

The employer shall make only deductions from a nonimmigrant agricultural worker’s wages that are authorized by law or are reasonable and customary in the occupation and area of employment of such worker.

(G)

Requirement to provide housing or a housing allowance

(i)

In general

Except as provided in clauses (iv) and (v), a designated agricultural employer shall offer to provide a nonimmigrant agricultural worker with housing in accordance with clause (ii) or (iii).

(ii)

Housing

An employer may provide housing to a nonimmigrant agricultural worker that meets—

(I)

applicable Federal standards for temporary labor camps; or

(II)

applicable local standards (or, in the absence of applicable local standards, State standards) for rental or public accommodation housing or other substantially similar class of habitation.

(iii)

Housing payments

(I)

Public housing

If the employer arranges public housing for nonimmigrant agricultural workers through a State, county, or local government program and such public housing units normally require payments from tenants, such payments shall be made by the employer directly to the landlord.

(II)

Deposits

Deposits for bedding or other similar incidentals related to housing shall not be collected from workers by employers who provide housing for such workers.

(III)

Damages

The employer may require any worker who is responsible for damage to housing that did not result from normal wear and tear related to habitation to reimburse the employer for the reasonable cost of repairing such damage.

(iv)

Housing allowance alternative

(I)

In general

The employer may provide a reasonable housing allowance instead of providing housing under clause (i). Upon the request of a worker seeking assistance in locating housing, the employer shall make a good faith effort to assist the worker in identifying and locating housing in the area of intended employment. An employer who offers a housing allowance to a worker or assists a worker in locating housing, which the worker occupies shall not be deemed a housing provided under section 203 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1823 ) solely by virtue of providing such housing allowance. No housing allowance may be used for housing that is owned or controlled by the employer.

(II)

Certification requirement

Contract agricultural workers may only be provided a housing allowance if the Governor of the State in which the place of employment is located certifies to the Secretary that there is adequate housing available in the area of intended employment for migrant farm workers and contract agricultural workers who are seeking temporary housing while employed in agricultural work. Such certification shall expire after 3 years unless renewed by the Governor of the State.

(III)

Amount of allowance

(aa)

Nonmetropolitan counties

If the place of employment of the workers provided an allowance under this clause is a nonmetropolitan county, the amount of the housing allowance under this clause shall be equal to the average fair market rental for existing housing in nonmetropolitan counties in the State in which the place of employment is located, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(c) ), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom.

(bb)

Metropolitan counties

If the place of employment of the workers provided an allowance under this clause is a metropolitan county, the amount of the housing allowance under this clause shall be equal to the average fair market rental for existing housing in metropolitan counties in the State in which the place of employment is located, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(c) ), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom.

(v)

Exception for commuting workers

Nothing in this subparagraph may be construed to require an employer to provide housing or a housing allowance to workers who reside outside of the United States if their place of residence is within normal commuting distance and the job site is within 50 miles of an international land border of the United States.

(H)

Worksite transportation for contract workers

During the period a designated agricultural employer employs a contract worker, such employer shall, at the employer's option, provide or reimburse the contract worker for the cost of transportation from the contract worker's residence in the United States to the contract worker's place of employment.

(I)

Reimbursement of transportation to place of employment

(i)

In general

Except as provided in subclause (II) a contract agricultural worker who completes at least 27 months under his or her contract with the same designated agricultural employer shall be reimbursed by that employer for the cost of the worker’s transportation and subsistence from the place of employment to the place from which the worker came from abroad to work for the employer.

(ii)

Limitation

Except as provided in clause (iii), the amount of reimbursement provided under clause (i) to a worker shall not exceed the lesser of—

(I)

the actual cost to the worker of the transportation and subsistence involved; or

(II)

the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved.

(iii)

Distance traveled

The employer shall not be required to reimburse a worker under clause (i) if—

(I)

the distance traveled is 100 miles or less; or

(II)

the worker is not residing in employer-provided housing or housing secured through an allowance described in subclause (I)(iv).

(J)

Reimbursement of transportation from place of employment

(i)

In general

(I)

In general

Except as provided in subclause (II), a contract agricultural worker who completes at least 75 percent of a contract for a designated agricultural employer shall be reimbursed by the employer for the cost of the worker's transportation and subsistence from the place of employment to the place from which the worker came to work for the employer.

(II)

Exception

If a contract agricultural worker was employed by another designated agricultural worker after terminating employment with the designated agricultural employer described in subclause (I) and before returning to the place outside the United States from which the worker came, the subsequent designated agricultural employer shall reimburse the worker for the costs described in subclause (I).

(III)

Single trip

A contract agricultural worker is only entitled to be reimbursed by a designated agricultural employer under this subparagraph for travel to the place from which the worker came at the time the worker is leaving the Program.

(ii)

Limitation

Except as provided in clause (iii), the amount of reimbursement provided under clause (i) to a worker shall not exceed the lesser of—

(I)

the actual cost to the worker of the transportation and subsistence involved; or

(II)

the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved.

(iii)

Distance traveled

The employer shall not be required to reimburse a worker under clause (i) if—

(I)

the distance traveled is 100 miles or less; or

(II)

the worker is not residing in employer-provided housing or housing secured through an allowance described in subclause (I)(iv).

(iv)

Early termination

If a contract agricultural worker is laid off or the worker's employment is terminated for contract impossibility (as described in subparagraph (C)(iii)) before completing 75 percent of such contract, the employer shall reimburse the worker for the costs described in clause (i)(I).

(5)

Violation of program requirements

If the Secretary determines, after an opportunity for a hearing, that a designated agricultural employer has violated a term under this section the Secretary may—

(A)

impose penalties, including fines; and

(B)

for serious violations, disqualify the employer from future enrollment in the Program for a period of not more than 3 years.

(f)

Wages

(1)

Wage rate requirement

(A)

In general

A nonimmigrant agricultural worker employed by a designated agricultural employer shall be paid the wage rate for such employment set forth in paragraph (3).

(B)

Workers paid on a piece rate or other incentive basis

If an employer pays by the piece rate or other incentive method and requires one or more minimum productivity standards as a condition of job retention, such standards shall be specified in the job offer and be no more than those which have been normally required (at the time of the employee’s initial entry into the country as a nonimmigrant agricultural worker) by other employers for the activity in the geographic area of the job, unless the Secretary approves a higher standard.

(2)

Job categories

For purposes of paragraph (1), each nonimmigrant agricultural worker employed by such employer shall be assigned to 1 of the following standard occupational classifications, as defined by the Bureau of Labor Statistics:

(A)

First-Line Supervisors of Farming, Fishing, and Forestry Workers (45–1011).

(B)

Animal Breeders (45-2021).

(C)

Graders and Sorters, Agricultural Products (45–2041).

(D)

Agricultural equipment operator (45–2091).

(E)

Farmworkers and Laborers, Crop, Nursery, and Greenhouse (45–2092).

(F)

Farmworkers, Farm, Ranch and Aquacultural Animals (45-2093).

(3)

Determination of wage rate

(A)

Fiscal years 2014 through 2016

The wage rate under this subparagraph for fiscal years 2014 through 2016 shall be the higher of—

(i)

the applicable Federal, State or local minimum wage; or

(ii)
(I)

for the category described in paragraph (2)(C)

(aa)

$9.37 for fiscal year 2014;

(bb)

$9.60 for fiscal year 2015; and

(cc)

$9.84 for fiscal year 2016;

(II)

for the category described in paragraph (2)(D)

(aa)

$11.30 for fiscal year 2014;

(bb)

$11.58 for fiscal year 2015; and

(cc)

$11.87 for fiscal year 2016;

(III)

for the category described in paragraph (2)(E)

(aa)

$9.17 for fiscal year 2014;

(bb)

$9.40 for fiscal year 2015; and

(cc)

$9.64 for fiscal year 2016; and

(IV)

for the category described in paragraph (2)(F)

(aa)

$10.82 for fiscal year 2014;

(bb)

$11.09 for fiscal year 2015; and

(cc)

$11.37 for fiscal year 2016;

(B)

Subsequent years

The Secretary shall increase the hourly wage rates set forth in clauses (i) through (iv) of subparagraph (A), for each fiscal year after the fiscal years described in subparagraph (A) by an amount equal to—

(i)

1.5 percent, if the percentage increase in the Employment Cost Index for wages and salaries during the previous fiscal year, as calculated by the Bureau of Labor Statistics, is less than 1.5 percent;

(ii)

the percentage increase in such Employment Cost Index, if such percentage increase is between 1.5 percent and 2.5 percent, inclusive; or

(iii)

2.5 percent, if such percentage increase is greater than 2.5 percent.

(C)

Agricultural supervisors and animal breeders

Not later than September 1, 2015, and annually thereafter, the Secretary, in consultation with the Secretary of Labor, shall establish the prevailing wage for the next fiscal year for each of the job categories set out in subparagraphs (A) and (B) of paragraph (2).

(D)

Survey by Bureau of Labor Statistics

Not later than April 15, 2015, the Bureau of Labor Statistics shall consult with the Secretary to expand the Occupational and Employment Survey to survey agricultural producers and contractors and produce improved wage data by State and the job categories set out in subparagraphs (A) through (F) of paragraph (2).

(4)

Consideration

In determining the wage rate under paragraph (3), the Secretary may consider appropriate factors, including—

(A)

whether the employment of additional alien workers at the prevailing wage will adversely affect the wages and working conditions of workers in the United States similarly employed;

(B)

whether the employment in the United States of an alien admitted under section 101(a)(15)(H)(ii)(a) or unauthorized aliens in the agricultural workforce has depressed wages of United States workers engaged in agricultural employment below the levels that would otherwise have prevailed if such aliens had not been employed in the United States;

(C)

whether wages of agricultural workers are sufficient to support such workers and their families at a level above the poverty thresholds determined by the Bureau of Census;

(D)

the wages paid workers in the United States who are not employed in agricultural employment but who are employed in comparable employment;

(E)

the continued exclusion of employers of nonimmigrant alien workers in agriculture from the payment of taxes under chapter 21 of the Internal Revenue Code of 1986 (26 U.S.C. 3101 et seq.) and chapter 23 of such Code (26 U.S.C. 3301 et seq.);

(F)

the impact of farm labor costs in the United States on the movement of agricultural production to foreign countries;

(G)

a comparison of the expenses and cost structure of foreign agricultural producers to the expenses incurred by agricultural producers based in the United States; and

(H)

the accuracy and reliability of the Occupational and Employment Survey.

(5)

Adverse effect wage rate

(A)

Prohibition of modification

The adverse effect wage rates in effect on April 15, 2013, for nonimmigrants admitted under 101(a)(15)(H)(ii)(a)

(i)

shall remain in effect until the date described in section 2233 of the Agricultural Worker Program Act of 2013 ; and

(ii)

may not be modified except as provided in subparagraph (B).

(B)

Exception

Until the Secretary establishes the wage rates required under paragraph (3)(C), the adverse effect wage rates in effect on the date of the enactment of the Agricultural Worker Program Act of 2013 shall be—

(i)

deemed to be such wage rates; and

(ii)

after September 1, 2015, adjusted annually in accordance with paragraph (3)(B).

(6)

Equal wages, benefits, and working conditions

(A)

Preferential treatment of aliens prohibited

(i)

In general

The employer’s job offer must offer to United States workers no less than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to nonimmigrant workers. Conversely, no job offer may impose on United States workers any restrictions or obligations which will not be imposed on the employer’s nonimmigrants.

(ii)

Similarly situated U.S. workers

Except as provided in paragraph (3), all similarly situated U.S. workers employed at the same place of employment in the same occupational classification as the nonimmigrant workers must be provided the same wages, benefits, and working conditions described in this section.

(iii)

Exception

Notwithstanding subparagraph (2), an employer is not required to provide housing for similarly situated United States workers, other than United States workers recruited and hired pursuant to an offer of employment in connection with an application.

(B)

Attestation

(i)

In general

Each designated agricultural employer shall include an attestation that the employer is or is not a Program dependent employer in its petition for nonimmigrant agricultural workers under paragraph (2).

(ii)

Program dependent employer determination

Each designated agricultural employer shall annually determine whether the employer is a Program dependent employer, with at least 60 percent of its employees who are not United States workers, based upon—

(I)

the total number of employees employed by an employer during the preceding calendar year, as evidenced by the employer's payroll records; and

(II)

the employer's E-Verify records indicating the citizenship and alien status of each employee employed by the employer.

(C)

Housing exception

An employer described in subparagraph (A) shall only be required to provide housing to United States workers in accordance with subsection (e)(4)(H) if such workers do not reside within 100 miles of their place of employment.

(g)

Worker protections and dispute resolution

(1)

Equality of treatment

Nonimmigrant agricultural workers shall not be denied any right or remedy under any Federal, State, or local labor or employment law applicable to United States workers engaged in agricultural employment.

(2)

Applicability of the migrant and seasonal agricultural worker protection act

(A)

Migrant and seasonal agricultural worker protection act

Nonimmigrant agricultural workers shall be considered migrant agricultural workers for purposes of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).

(B)

Eligibility of nonimmigrant agricultural workers for certain legal assistance

A nonimmigrant agricultural worker shall be considered to be lawfully admitted for permanent residence for purposes of establishing eligibility for legal services under the Legal Services Corporation Act ( 42 U.S.C. 2996 et seq. ) on matters relating to wages, housing, transportation, and other employment rights.

(C)

Mediation

(i)

Free mediation services

The Federal Mediation and Conciliation Service shall be available to assist in resolving disputes arising under this section between nonimmigrant agricultural workers and designated agricultural employers without charge to the parties.

(ii)

Complaint

If a nonimmigrant agricultural worker files a complaint under section 504 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1854 ), not later than 60 days after the filing of proof of service of the complaint, a party to the action may file a request with the Federal Mediation and Conciliation Service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute.

(iii)

Notice

Upon filing a request under clause (ii) and giving of notice to the parties, the parties shall attempt mediation within the period specified in clause (iv).

(iv)

90-day limit

The Federal Mediation and Conciliation Service may conduct mediation or other nonbinding dispute resolution activities for a period not to exceed 90 days beginning on the date on which the Federal Mediation and Conciliation Service receives a request for assistance under clause (ii) unless the parties agree to an extension of such period.

(v)

Authorization of appropriations

(I)

In general

Subject to clause (II), there are authorized to be appropriated to the Federal Mediation and Conciliation Service $500,000 for each fiscal year to carry out this subparagraph .

(II)

Mediation

Notwithstanding any other provision of law, the Director of the Federal Mediation and Conciliation Service is authorized—

(aa)

to conduct the mediation or other dispute resolution activities from any other account containing amounts available to the Director; and

(bb)

to reimburse such account with amounts appropriated pursuant to subclause (I).

(vi)

Private mediation

If all parties agree, a private mediator may be employed as an alternative to the Federal Mediation and Conciliation Service.

(3)

Other rights

Nonimmigrant agricultural workers shall be entitled to the rights granted to other classes of aliens under sections 242(h) and 245E.

(4)

Waiver of rights

Agreements by nonimmigrant agricultural workers to waive or modify any rights or protections under this section shall be considered void or contrary to public policy except as provided in a collective bargaining agreement with a bona fide labor organization.

(h)

Enforcement authority

(1)

Review

The Secretary of Homeland Security shall review petitions submitted by designated agricultural employers under subsection (e)(2) for completeness or obvious inaccuracies.

(2)

Investigation of complaints

(A)

Aggrieved person or third-party complaints

(i)

Process

The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting a designated agricultural employer's failure to meet a condition specified in subsection (e), or an employer's misrepresentation of material facts in a petition under subsection (e)(2).

(ii)

Filing

Any aggrieved person or organization, including bargaining representatives, may file a complaint referred to in clause (i) not later than 1 year after the date of the failure or misrepresentation, respectively.

(iii)

Investigation or hearing

The Secretary of Labor shall conduct an investigation if there is reasonable cause to believe that such failure or misrepresentation has occurred.

(B)

Determination on complaint

Under such process, the Secretary of Labor shall provide, not later than 30 days after the date on which 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), (D), (E), or (F). 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 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)

Failure to meet conditions

If the Secretary of Labor finds, after notice and opportunity for a hearing, a failure to meet a condition under subsection (e) or (f), or made a material misrepresentation of fact in a petition under subsection (e)(2)

(i)

the Secretary of Labor shall notify the Secretary of such finding and may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $1,000 per violation) as the Secretary of Labor determines to be appropriate; and

(ii)

the Secretary may disqualify the designated agricultural employer from the employment of nonimmigrant agricultural workers for a period of 1 year.

(D)

Willful failures and willful misrepresentations

If the Secretary of Labor finds, after notice and opportunity for hearing, a willful failure to meet a condition under subsection (e) or (f) or a willful misrepresentation of a material fact in an application or petition under paragraph (1) or (2) of subsection (e)

(i)

the Secretary of Labor shall notify the Secretary of such finding and may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $5,000 per violation) as the Secretary of Labor determines to be appropriate;

(ii)

the Secretary of Labor may seek appropriate legal or equitable relief to effectuate the purposes of subsection (e)(8); and

(iii)

the Secretary may disqualify the designated agricultural employer from the employment of nonimmigrant agricultural workers for a period of 2 years.

(E)

Displacement of united states workers

If the Secretary of Labor finds, after notice and opportunity for hearing, a willful failure to meet a condition under subsection (e) or (f) or a willful misrepresentation of a material fact in an application or petition under paragraph (1) or (2) of subsection (e), in the course of which failure or misrepresentation the employer displaced a United States worker employed by the employer during the period of employment on the employer's petition under subsection (e)(2) or during the period of 30 days preceding such period of employment—

(i)

the Secretary of Labor shall notify the Secretary of such finding and may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $15,000 per violation) as the Secretary of Labor determines to be appropriate; and

(ii)

the Secretary may disqualify the employer from the employment of nonimmigrant agricultural workers for a period of 3 years.

(F)

Failures to pay wages or required benefits

If the Secretary of Labor finds, after notice and opportunity for a hearing, that the employer has failed to pay the wages, or provide the housing allowance, transportation, subsistence reimbursement, or guarantee of employment required under subsection (e)(4) and (f), the Secretary of Labor shall assess payment of back wages, or other required benefits, due any United States worker or nonimmigrant agricultural worker employed by the employer in the specific employment in question. The back wages or other required benefits required under subsection (e) and (f) shall be equal to the difference between the amount that should have been paid and the amount that actually was paid to such worker.

(G)

Disposition of penalties

Civil penalties collected under this paragraph shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act .

(3)

Limitations on civil money penalties

The Secretary of Labor shall not impose total civil money penalties with respect to a petition under subsection (e)(2) in excess of $90,000.

(4)

Election

A nonimmigrant agricultural worker who has filed an administrative complaint with the Secretary of Labor may not maintain a civil action under paragraph (2) unless a complaint based on the same violation filed with the Secretary of Labor under subsection (a)(1) is withdrawn before the filing of such action, in which case the rights and remedies available under this subsection shall be exclusive.

(5)

Preclusive effect

Any settlement by a nonimmigrant agricultural worker, a designated agricultural employer, or any person reached through the mediation process required under subsection (g)(2)(C) shall preclude any right of action arising out of the same facts between the parties in any Federal or State court or administrative proceeding, unless specifically provided otherwise in the settlement agreement.

(6)

Settlements

Any settlement by the Secretary of Labor on behalf of a designated agricultural worker on behalf of a nonimmigrant agricultural worker of a complaint filed with the Secretary of Labor under this section or any finding by the Secretary of Labor under this subsection shall preclude any right of action arising out of the same facts between the parties under any Federal or State court or administrative proceeding, unless specifically provided otherwise in the settlement agreement.

(7)

Statutory construction

Nothing in this subsection may be construed as limiting the authority of the Secretary of Labor to conduct any compliance investigation under any other labor law, including any law affecting migrant and seasonal agricultural workers, or, in the absence of a complaint under this section, under paragraph (1), (3), or (4) of subsection (e), in the settlement agreement.

(8)

Discrimination prohibited

It is a violation of this subsection for any person to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee, including a former employee or an applicant for employment, because the employee—

(A)

has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of subsection (e), or any rule or regulation relating to subsection (e); or

(B)

cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer’s compliance with the requirements under subsection (e) or any rule or regulation pertaining to subsection (e).

(9)

Role of associations

(A)

Violation by a member of an association

(i)

In general

If an association acting as the agent of an employer files an application on behalf of such employer, the employer is fully responsible for such application, and for complying with the terms and conditions of subsection (e). If such an employer is determined to have violated any requirement described in this subsection, the penalty for such violation shall apply only to that employer except as provided in clause (ii).

(ii)

Collective responsibility

If the Secretary of Labor determines that the association or other members of the association participated in, had knowledge of, or reason to know of a violation described in clause (i), the penalty shall also be invoked against the association and complicit association members.

(B)

Violations by an association acting as an employer

(i)

In general

If an association filing an application as a sole or joint employer is determined to have violated any requirement described in this section, the penalty for such violation shall apply only to the association except as provided in clause (ii).

(ii)

Member responsibility

If the Secretary of Labor determines that 1 or more association members participated in, had knowledge of, or reason to know of the violation described in clause (i), the penalty shall be invoked against all complicit association members.

(i)

Special nonimmigrant visa processing and wage determination procedures for certain agricultural occupations

(1)

Finding

Certain industries possess unique occupational characteristics that necessitate the Secretary of Agriculture adopt special procedures relating to housing, pay, and visa program application requirements for those industries.

(2)

Special procedures industries defined

In this subsection, the term Special Procedures Industries means—

(A)

sheepherding and goat herding;

(B)

itinerant commercial beekeeping and pollination;

(C)

open range production of livestock;

(D)

itinerant animal shearing;

(E)

custom combining industries; and

(F)

any other industry designated by the Secretary, upon petition by an employer, as a Special Procedures Industry.

(3)

Work locations

The Secretary shall allow designated agricultural employers in a Special Procedures Industry that do not operate in a single fixed-site location to provide, as part of application and job description under the Program, a list of anticipated work locations, which—

(A)

may include an anticipated itinerary; and

(B)

may be subsequently amended by the employer, after notice to the Secretary.

(4)

Wage rates

The Secretary may establish monthly, weekly, or biweekly wage rates for occupations in a Special Procedures Industry for a State or other geographic area. For an employer in those Special Industries that typically pay a monthly wage, the Secretary shall require that workers will be paid not less frequently than monthly and at a rate no less than the legally required monthly cash wage for such employer as of the date of enactment and in an amount as re-determined annually by the Secretary of Agriculture through rulemaking.

(5)

Housing

The Secretary shall allow for the provision of housing or a housing allowance by employers in Special Procedures Industries and allow housing suitable for workers employed in remote locations.

(6)

Allergy limitation

An employer engaged in the commercial beekeeping or pollination services industry may require that an applicant be free from bee pollen or honey-related allergies.

(7)

Application

An individual employer in Special Procedures Industry may file visa program applications on its own behalf, including with use of an agent, or in conjunction with an association of employers, and in any case the employer’s application may be part of several related applications submitted simultaneously that constitute a master application.

(8)

Rulemaking

The Secretary of Agriculture, after consultation with employers and employee representatives, shall publish for notice and comment proposed regulations relating to housing, pay and application procedures for Special Procedure Industries.

(j)

Miscellaneous provisions

(1)

Disqualification of nonimmigrant agricultural workers from financial assistance

An alien admitted as a nonimmigrant agricultural worker is not eligible for any program of financial assistance under Federal law (whether through grant, loan, guarantee, or otherwise) on the basis of financial need, as such programs are identified by the Secretary in consultation with other agencies of the United States.

(2)

Monitoring requirement

(A)

In general

The Secretary shall monitor the movement of nonimmigrant agricultural workers through—

(i)

the Employment Verification System described in section 274A(b); and

(ii)

the electronic monitoring system established pursuant to subparagraph (B).

(B)

Electronic monitoring system

The Secretary of Homeland Security, through the Director of U.S. Citizenship and Immigration Services, shall establish an electronic monitoring system, which shall—

(i)

be modeled on the Student and Exchange Visitor Information System (SEVIS) and the SEVIS II tracking system administered by U.S. Immigration and Customs Enforcement;

(ii)

monitor the presence and employment of nonimmigrant agricultural workers; and

(iii)

assist in ensuring the compliance of designated agricultural employers and nonimmigrant agricultural workers with the requirements of the Program.

.

(b)

Rulemaking

The Secretary of Agriculture shall issue regulations to cary out section 218A of the Immigration and Nationality Act, as added by subsection (a), not later than 1 year after the date of the enactment of this Act.

(c)

Clerical amendment

The table of contents in the first section of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relation to section 219 the following:

Sec. 218A. Nonimmigrant agricultural worker program.

.

(d)

Effective date

The amendments made by this section shall take effect on October 1, 2014.

2233.

Transition of H-2A worker program

(a)

Sunset of program

An employer may not petition to employ an alien present in the United States pursuant to section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ) after the date that is 1 year after the effective date of the regulations issued pursuant to section 2241(b).

(b)

Conforming amendments

(1)

Repeal of H-2A nonimmigrant category

Section 101(a)(15)(H)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii) ) is amended by striking subclause (a).

(2)

Repeal of admission requirements for H-2A worker

Section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ) is repealed.

(3)

Conforming amendments

(A)

Amendment of petition requirements

Section 214(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(9) ) is amended by striking For purposes of this subsection and all that follows.

(4)

Effective date

The amendments made by this subsection shall take effect on the date that is 1 year after the effective date of the regulations issued pursuant to section 2241(b).

2234.

Reports to Congress on nonimmigrant agricultural workers

(a)

Annual report by Secretary of Agriculture

Not later than September 30 of each year, the Secretary of Agriculture shall submit a report to Congress that identifies, for the previous year, the number, disaggregated by State and by occupation, of—

(1)

job opportunities approved for employment of aliens admitted pursuant to clause (iii) or clause (iv) of section 101(a)(15)(W) of the Immigration and Nationality Act, as added by section 2232; and

(2)

aliens actually admitted pursuant to each such clause.

(b)

Annual report by Secretary of Homeland Security

Not later than September 30 of each year, the Secretary shall submit a report to Congress that identifies, for the previous year, the number of aliens described in subsection (a)(2) who—

(1)

violated the terms of the nonimmigrant agricultural worker program established under section 218A(b) of the Immigration and Nationality Act, as added by section 2232; and

(2)

have not departed from the United States.

3

Other provisions

2241.

Rulemaking

(a)

Consultation requirement

In the course of promulgating any regulation necessary to implement this subtitle, or the amendments made by this subtitle, the Secretary, the Secretary of Agriculture, the Secretary of Labor, and the Secretary of State shall regularly consult with each other.

(b)

Deadline for issuance of regulations

Except as provided in section 2232(b), all regulations to implement this subtitle and the amendments made by this subtitle shall be issued not later than 6 months after the date of the enactment of this Act.

2242.

Reports to Congress

Not later than 180 days after the date of the enactment of this Act, the Secretary and the Secretary of Agriculture shall jointly submit a report to Congress that describes the measures being taken and the progress made in implementing this subtitle and the amendments made by this subtitle.

2243.

Effective date

This subtitle and the amendments made by this subtitle, except for sections 2221, 2242, and 2243, shall take effect on the date on which the regulations required under section 2241(e) are issued, regardless of whether such regulations are issued on an interim basis or on any other basis.

C

Future immigration

2301.

Merit-based points track one

(a)

In general

(1)

Worldwide level of merit-based immigrants

Section 201(e) ( 8 U.S.C. 1151(e) ) is amended to read as follows:

(e)

Worldwide level of merit-based immigrants

(1)

In general

(A)

Numerical limitation

Subject to paragraphs (2), (3), and (4), the worldwide level of merit-based immigrants is equal to 120,000 for each fiscal year.

(B)

Status

An alien admitted on the basis of a merit-based immigrant visa under this section shall have the status of an alien lawfully admitted for permanent residence.

(2)

Annual increase

(A)

In general

Subject to subparagraph (B) and paragraph (3), if in any fiscal year the worldwide level of visas available for merit-based immigrants under this section—

(i)

is less than 75 percent of the number of applicants for such fiscal year, the worldwide level shall increase by 5 percent for the next fiscal year; and

(ii)

is equal to or more than 75 percent of such number, the worldwide level for the next fiscal year shall be the same as the worldwide level for such fiscal year, minus any amount added to the worldwide level for such fiscal year under paragraph (4).

(B)

Limitation on increase

The worldwide level of visas available for merit-based immigrants shall not exceed 250,000.

(3)

Employment consideration

The worldwide level of visas available for merit-based immigrants may not be increased for a fiscal year under paragraph (2) if the annual average unemployment rate for the civilian labor force 18 years or over in the United States, as determined by the Bureau of Labor Statistics, for such previous fiscal year is more than 81/2 percent.

(4)

Recapture of unused visas

The worldwide level of merit-based immigrants described in paragraph (1) for a fiscal year shall be increased by the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas actually issued under this subsection during that fiscal year. Such visas shall be allocated for the following year pursuant to section 203(c)(3).

.

(2)

Merit-based immigrants

Section 203 ( 8 U.S.C. 1153 ), as amended by section 213, is further amended by inserting after subsection (b) the following:

(c)

Merit-based immigrants

(1)

Fiscal years 1 through 4

For the first 4 fiscal years beginning after the date of enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act , the worldwide level of merit-based immigrant visas made available under section 201(e)(1) shall be available for aliens described in section 203(b)(3) and in addition to any visas available for such aliens under such section.

(2)

Subsequent fiscal years

Beginning with the fifth fiscal year beginning after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act , aliens subject to the worldwide level specified in section 201(e) for merit-based immigrants shall be allocated as follows:

(A)

50 percent shall be available to applicants with the highest number of points allocated under tier 1 in paragraph (4).

(B)

50 percent shall be available to applicants with the highest number of points allocated under tier 2 in paragraph (5).

(3)

Unused visas

If the total number of visas allocated to tier 1 or tier 2 for a fiscal year are not granted during that fiscal year, such number may be added to the number of visas available section 201(e)(1) for the following fiscal year and allocated as follows:

(A)

If the unused visas were allocated for tier 1 in a fiscal year, 2/3 of such visas shall be available for aliens allocated visas under tier 1 in the following fiscal year and 1/3 of such visas shall be available for aliens allocated visas under either tier 1 or tier 2 in the following fiscal year.

(B)

If the unused visas were allocated for tier 2 in a fiscal year, 2/3 of such visas shall be available for aliens allocated visas under tier 2 in the following fiscal year and 1/3 of such visas shall be available for aliens allocated visas under either tier 1 or tier 2 in the following fiscal year.

(4)

Tier 1

The Secretary shall allocate points to each alien seeking to be a tier 1 merit-based immigrant as follows:

(A)

Education

(i)

In general

An alien may received points under only one of the following categories:

(I)

An alien who has received a doctorate degree shall be allocated 15 points.

(II)

An alien who has received a master’s degree shall be allocated 10 points.

(ii)

An alien who has received a bachelor’s degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) shall be allocated 5 points.

(B)

Employment experience

An alien shall be allocated not more than 20 points as follows:

(i)

3 points for each year the alien has been lawfully employed in a zone 5 occupation in the United States.

(ii)

2 points for each year the alien has been lawfully employed in a zone 4 occupation in the United States.

(C)

Employment related to education

An alien who in the United States and is employed full-time or has an offer of full-time employment in a field related to the alien's education—

(i)

in a zone 5 occupation shall be allocated 10 points; or

(ii)

in a zone 4 occupation shall be allocated 8 points.

(D)

Entrepreneurship

An alien who is an entrepreneur in business that employs at least 2 employee in a zone 4 occupation or a zone 5 occupation shall be allocated 10 points.

(E)

High demand occupation

An alien who is employed full-time in the United States or has an offer of full-time employment in a high demand occupation high demand tier 1 occupation shall be allocated 10 points.

(F)

Civic involvement

An alien who has attested that he or she has engaged in a significant amount of community service, as determined by the Secretary, shall be allocated 2 points.

(G)

English language

An alien who received a score of 80 or more on the Test of English as a Foreign Language, or an equivalent score on a similar test, as determined by the Secretary, shall be allocated points 10 points.

(H)

Siblings and married sons and daughters of citizens

An alien who is the sibling of a citizen of the United States or who is more than 31 years of age and is the married son or married daughter of a citizen of the United States shall be allocated 10 points.

(I)

Age

An alien who is—

(i)

between 18 and 24 years of age shall be allocated 8 points;

(ii)

between 25 and 32 years of age shall be allocated 6 points; or

(iii)

between 33 and 37 years of age shall be allocated 4 points.

(J)

Country of origin

An alien who is a national of a country of which fewer than 50,000 nationals were lawfully admitted to permanent residence in the United States in the previous 5 years shall be allocated 5 points.

(5)

Tier 2

The Secretary shall allocate points to each alien seeking to be a tier 2 merit-based immigrant as follows:

(A)

Employment experience

An alien shall be allocated 2 points for each year the alien has been lawfully employed in the United States, for a total of not more than 20 points.

(B)

Special employment criteria

An alien who is employed full-time in the United States, or has an offer of full-time employment—

(i)

in a high demand tier 2 occupation shall be allocated 10 points; or

(ii)

in a zone 1 occupation or zone 2 occupation shall be allocated 10 points.

(C)

Caregiver

An alien who is or has been a primary caregiver shall be allocated 10 points.

(D)

Exceptional employment record

An alien who has a record of exceptional employment, as determined by the Secretary, shall be allocated 10 points. In determining a record of exceptional employment, the Secretary shall consider factors including promotions, longevity, changes in occupations from a lower job zone to a higher job zone , good safety record, and an increases in pay.

(E)

Civic involvement

An alien who has demonstrated significant shall civic involvement shall be allocated 2 points.

(F)

English language

An alien who received a score on the Test of English as a Foreign Language, or an equivalent score on a similar test, as determined by the Secretary of Homeland Security of—

(i)

75 or more shall be allocated points 10 points; or

(ii)

more than 54 and less than 75 shall be allocated 5 points.

(G)

Siblings and married sons and daughters of citizens

An alien who is the sibling of a citizen of the United States or is over the age of 31 and is the married son or married daughter of a citizen of the United States shall be allocated 10 points.

(H)

Age

An alien who is—

(i)

between 18 and 24 years of age shall be allocated 8 points;

(ii)

between 25 and 32 years of age shall be allocated 6 points; or

(iii)

between 33 and 37 years of age shall be allocated 4 points.

(I)

Country of origin

An alien who is a national of a country of which fewer than 50,000 nationals were lawfully admitted to permanent residence in the United States in the previous 5 years shall be allocated 5 points.

(6)

Fee

An alien who is allocated a visa under this section shall pay a fee of $500.

(7)

Eligibility of aliens in registered provisional immigrant status

An alien who was granted registered provisional immigrant status may be granted a merit-based immigrant visa under section 201(e) and may begin accruing points under subsections (b), (d), and (e) no earlier than the date that is 10 years after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act .

(8)

Ineligibility of aliens with pending or approved petitions

An alien who has a petition pending or approved in another immigrant category under this section or section 201 may not apply for a merit-based immigrant visa.

(9)

Definitions

In this subsection:

(A)

High demand tier 1 occupation

The term high demand tier 1 occupation means 1 of the 5 occupations for which the highest number of nonimmigrants described in section 101(a)(15)(H)(i) were sought to be admitted by employers during the previous fiscal year.

(B)

High demand tier 2 occupation

The term high demand tier 2 occupation means 1 of the 5 occupations for which the highest number of positions were sought to become registered positions by employers under section 220(e) during the previous fiscal year.

(C)

Secretary

The term Secretary means the Secretary of Homeland Security.

(D)

Zone 1 occupation

The term zone 1 occupation means an occupation that requires little or no preparation and is classified as a zone 1 occupation on—

(i)

the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or

(ii)

such Database or a similar successor database, as designated by the Secretary of Labor, after the date of the enactment of this Act.

(E)

Zone 2 occupation

The term zone 2 occupation means an occupation that requires some preparation and is classified as a zone 2 occupation on—

(i)

the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or

(ii)

such Database or a similar successor database, as designated by the Secretary of Labor, after the date of the enactment of this Act.

(F)

Zone 3 occupation

The term zone 3 occupation means an occupation that requires medium preparation and is classified as a zone 3 occupation on—

(i)

the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or

(ii)

such Database or a similar successor database, as designated by the Secretary of Labor, after the date of the enactment of this Act.

(G)

Zone 4 occupation

The term zone 3 occupation means an occupation that requires considerable preparation and is classified as a zone 4 occupation on—

(i)

the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or

(ii)

such Database or a similar successor database, as designated by the Secretary of Labor, after the date of the enactment of this Act.

(H)

Zone 5 occupation

The term zone 5 occupation means an occupation that requires extensive preparation and is classified as a zone 5 occupation on—

(i)

the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or

(ii)

such Database or a similar successor database, as designated by the Secretary of Labor, after the date of the enactment of this Act.

.

(b)

Modification of points

The Secretary may submit to Congress a proposal to modify the number of points allocated under subsection (c) of section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ), as amended by subsection (a).

(c)

Conforming amendment

Section 203(d) of the Immigration and Nationality Act ( 8 U.S.C. 1153(d) ), as amended by section 213(a)(2)(B) of this Act, is further amended by striking (a) or (b) and inserting (a), (b), or (c) .

(d)

Effective date

The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

2302.

Merit-based track two

(a)

In general

In addition to any immigrant visa made available under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended by this Act, the Secretary of State shall allocate merit-based immigrant visas as described in this section.

(b)

Status

An alien admitted on the basis of a merit-based immigrant visa under this section shall have the status of an alien lawfully admitted for permanent residence (as that term is defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).

(c)

Eligibility

Beginning on October 1, 2014, the following aliens shall be eligible for merit-based immigrant visas under this section:

(1)

Employment-based immigrants

An alien who is the beneficiary of a petition filed before the date of the enactment of this Act to accord status under section 203(b) of the Immigration and Nationality Act, if the visa has not been issued within 5 years after the date on which such petition was filed.

(2)

Family-based immigrants

Subject to subsection (d), an alien who is the beneficiary of a petition filed to accord status under section 203(a) of the Immigration and Nationality Act

(A)

prior to the date of the enactment of this Act, if the visa was not issued within 5 years after the date on which such petition was filed; or

(B)

after such date of enactment, to accord status under paragraph (3) or (4) of section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153 (a)), as in effect the day before the effective date specified in section 217(a)(3 )of this Act, and the visa was not issued within 5 years after the date on which petition was filed.

(3)

Long-term alien workers and other merit-based immigrants

An alien who—

(A)

is not admitted pursuant to subparagraph (W) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); and

(B)

has been lawfully present in the United States for not less than 10 years; and

(d)

Allocation of employment-sponsored merit-based immigrant visas

In each of the fiscal years 2015 through and including 2021, the Secretary of State shall allocate to aliens described in subsection (c)(1) a number of merit-based immigrant visas equal to 1/7 of the number of aliens described in subsection (c)(1) whose visas had not been issued as of the date of the enactment of this Act.

(e)

Allocation of family-sponsored merit-based immigrant visas

The visas authorized by subsection (c)(2) shall be allocated as follows:

(1)

Spouses and children of permanent residents

Petitions to accord status under section 203(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(A)) of the Immigration and Nationality Act, as in effect the day before the effective date specified in section 217(a)(3) of this Act, are automatically converted to petitions to accord status to the same beneficiaries as immediate relatives under section 201(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A) ).

(2)

Other family members

In each of the fiscal years 2015 through and including 2021, the Secretary of State shall allocate to the aliens described in subsection (c)(2)(A), other than those aliens described in paragraph (1), a number of transitional merit-based immigrant visas equal to 1/7 of the difference between—

(A)

the number of aliens described in subsection (c)(2)(A) whose visas had not been issued as of the date of the enactment of this Act; and

(B)

the number of aliens described in paragraph (1).

(3)

Order of issuance for previously filed applications

Subject to paragraphs (1) and (2), the visas authorized by subsection (c)(2)(A) shall be issued in the order in which the petitions to accord status under section 203(a) of the Immigration and Nationality Act were filed ( 8 U.S.C. 1153(a) ).

(4)

Subsequently filed applications

In fiscal year 2022, the Secretary of State shall allocate to the aliens described in subsection (c)(2)(B), the number of merit-based immigrant visas equal to 1/2 of the number of aliens described in subsection (c)(2)(B) whose visas had not been issued by October 1, 2021. In fiscal year 2023, the Secretary of State shall allocate to the aliens described in subsection (c)(2)(B), the number of merit-based immigrant visas equal to the number of aliens described in subsection (c)(2)(B) whose visas had not been issued by October 1, 2022.

(5)

Order of issuance for subsequently filed applications

Subject to