H.R. 4393

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4393 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 4393

To secure the border and reform the immigration laws.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

July 15, 2025

Ms. Salazar (for herself, Ms. Escobar, Mr. Lawler, Mr. Espaillat, Mr. 
Valadao, Ms. Scholten, Mr. Newhouse, Ms. Lee of Nevada, Mr. Kelly of 
Pennsylvania, Mr. Gray, Mr. Fitzpatrick, Mr. Carbajal, Mr. Evans of 
Colorado, Mr. Levin, Mr. Stutzman, Ms. Budzinski, Mr. Bacon, Ms. 
Gillen, Mrs. Kim, Mr. Auchincloss, Mr. Diaz-Balart, and Mrs. Trahan) 
introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committees on Homeland Security, 
Ways and Means, Transportation and Infrastructure, Education and 
Workforce, Oversight and Government Reform, and Armed Services, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
committee concerned

_______________________________________________________________________

A BILL

To secure the border and reform the immigration laws.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Dignity for 
Immigrants while Guarding our Nation to Ignite and Deliver the American 
Dream Act of 2025'' or as the ``DIGNIDAD (Dignity) Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
DIVISION A--BORDER SECURITY FOR AMERICA

TITLE I--BORDER SECURITY

Sec. 1111. Strengthening the requirements for barriers along the 
southern border.
Sec. 1112. Air and Marine Operations flight hours.
Sec. 1113. Landowner and rancher security enhancement.
Sec. 1114. Southern border threat analysis, Border Patrol strategic 
plan, and Northern Border Threat Analysis.
Sec. 1115. Agent and officer technology use.
Sec. 1116. Report on standards and guidelines for managing ports of 
entry under the control of the department 
of homeland security.
Sec. 1117. Stakeholder and community engagement.
Sec. 1118. Training for officers and agents of U.S. Customs and Border 
Protection.
Sec. 1119. U.S. border patrol processing coordinator positions.
Sec. 1120. Establishment of higher minimum rates of pay for United 
States border patrol agents.
Sec. 1121. Body Worn Camera Pilot Program Authorization.
Sec. 1122. Protecting sensitive locations.
TITLE II--BORDER AND PORTS OF ENTRY INFRASTRUCTURE FUNDING

Sec. 1201. Ports of entry infrastructure.
Sec. 1202. Sense of Congress on cooperation between agencies.
Sec. 1203. Authorization of appropriations.
Sec. 1204. Funding matters.
TITLE III--CRIMINAL ENFORCEMENT PROVISIONS

Sec. 1301. Illicit spotting.
Sec. 1302. Unlawfully hindering immigration, border, and customs 
controls.
Sec. 1303. Report on smuggling.
Sec. 1304. Illegal reentry.
Sec. 1305. Mandatory minimum penalty for child sex trafficking.
Sec. 1306. Visa ineligibility for spouses and children of drug 
traffickers.
Sec. 1307. DNA testing and collection consistent with Federal law.
Sec. 1308. Increased penalty for voting by aliens.
TITLE IV--MANDATORY E-VERIFY

Sec. 1401. Short title.
Sec. 1402. Employment eligibility verification process.
Sec. 1403. Employment eligibility verification system.
Sec. 1404. Recruitment, referral, and continuation of employment.
Sec. 1405. Good faith defense.
Sec. 1406. Preemption and States' Rights.
Sec. 1407. Repeal.
Sec. 1408. Penalties.
Sec. 1409. Fraud and misuse of documents.
Sec. 1410. Protection of Social Security Administration programs.
Sec. 1411. Fraud prevention.
Sec. 1412. Use of Employment Eligibility Verification Photo Tool.
Sec. 1413. Identity authentication employment eligibility verification 
pilot programs.
Sec. 1414. Inspector General audits.
TITLE V--ASYLUM REFORM

Sec. 1501. Humanitarian campuses.
Sec. 1502. Expedited Asylum Determinations.
Sec. 1503. Screening and processing in Western hemisphere.
Sec. 1504. Recording expedited removal and credible fear interviews.
Sec. 1505. Renunciation of asylum status pursuant to return to home 
country.
Sec. 1506. Notice concerning frivolous asylum applications.
Sec. 1507. Anti-fraud investigative work product.
Sec. 1508. Penalties for asylum fraud.
Sec. 1509. Statute of limitations for asylum fraud.
Sec. 1510. Standard operating procedures; facilities standards.
Sec. 1511. Criminal background checks for sponsors of unaccompanied 
alien children.
Sec. 1512. Fraud in connection with the transfer of custody of 
unaccompanied alien children.
Sec. 1513. Hiring authority.
Sec. 1514. Humanitarian status.
Sec. 1515. Two strike policy.
Sec. 1516. Loan forgiveness for legal service providers at humanitarian 
campuses.
DIVISION B--DIGNITY AND AMERICAN DREAM

TITLE I--DREAM ACT

Sec. 2101. Short title.
Sec. 2102. Permanent resident status on a conditional basis for certain 
long-term residents who entered the United 
States as children.
Sec. 2103. Terms of permanent resident status on a conditional basis.
Sec. 2104. Removal of conditional basis of permanent resident status.
TITLE II--GENERAL PROVISIONS

Sec. 2201. Definitions.
Sec. 2202. Submission of biometric and biographic data; background 
checks.
Sec. 2203. Limitation on removal and other conditions on eligible 
individuals.
Sec. 2204. Determination of continuous presence and residence.
Sec. 2205. Exemption from numerical limitations.
Sec. 2206. Availability of administrative and judicial review.
Sec. 2207. Documentation requirements.
Sec. 2208. Confidentiality of information.
Sec. 2209. Provisions affecting eligibility for adjustment of status.
TITLE III--DIGNITY PROGRAM

Sec. 2301. Establishment.
Sec. 2302. Eligibility.
Sec. 2303. Registration; departure.
Sec. 2304. Program participation.
Sec. 2305. Completion.
TITLE IV--CONTRIBUTION TO AMERICAN WORKERS

Sec. 2401. Purpose.
Sec. 2402. Availability of funds.
Sec. 2403. Conforming amendments.
Sec. 2404. Definitions.
Sec. 2405. Allotments to States.
Sec. 2406. Grants to partnerships.
Sec. 2407. Use of funds.
Sec. 2408. Performance and accountability.
Sec. 2409. Grants for access to high-demand careers.
DIVISION C--AMERICAN PROSPERITY AND COMPETITIVENESS

Sec. 3101. Short title.
TITLE I--AMERICAN FAMILIES UNITED

Sec. 3111. Rule of construction.
Sec. 3112. Discretionary authority with respect to family members of 
United States citizens.
Sec. 3113. Motions to reopen or reconsider.
Sec. 3114. Temporary family visitation.
Sec. 3115. Military Naturalization Modernization.
TITLE II--FAIRNESS FOR LEGAL IMMIGRANTS

Sec. 3201. Reduction of backlogs.
Sec. 3202. Per-country caps raised.
Sec. 3203. Protecting the status of children affected by delays in visa 
availability.
TITLE III--EMPLOYMENT AND STUDENT VISAS

Sec. 3301. Spouses and minor children of workers.
Sec. 3302. Wages received by nonresident alien individuals during 
optional practical training subject to 
social security taxes.
Sec. 3303. Individuals with doctoral degrees in STEM fields recognized 
as individuals having extraordinary 
ability.
Sec. 3304. Modernizing Visas for Students.
Sec. 3305. Resources for Visa Processing.

DIVISION A--BORDER SECURITY FOR AMERICA

TITLE I--BORDER SECURITY

SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE 
SOUTHERN BORDER.

Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Homeland Security shall take 
such actions as may be necessary (including the removal of obstacles to 
detection of illegal entrants) to design, test, construct, install, 
deploy, integrate, and operate physical barriers, tactical 
infrastructure, and technology in the vicinity of the United States 
border to achieve situational awareness and operational advantage of 
the border and deter, impede, and detect illegal activity in high 
traffic areas.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking 
``Fencing and Road Improvements'' and inserting 
``Physical Barriers'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``subsection (a)'' 
and inserting ``this section'';
(II) by striking ``roads, lighting, 
cameras, and sensors'' and inserting 
``tactical infrastructure, and 
technology''; and
(III) by striking ``gain'' and 
inserting ``achieve situational 
awareness and'';
(ii) by amending subparagraph (B) to read 
as follows:
``(B) Physical barriers and tactical 
infrastructure.--The Secretary, in carrying out this 
section, shall deploy along the United States border 
the most practical and effective physical barriers and 
tactical infrastructure available for achieving 
situational awareness and operational advantage of the 
border.'';
(iii) in subparagraph (C)--
(I) by amending clause (i) to read 
as follows:
``(i) In general.--In carrying out this 
section, the Secretary shall consult with 
appropriate Federal agency partners, 
appropriate representatives of Federal, State, 
Tribal, and local governments, and appropriate 
private property owners in the United States to 
minimize the impact on the environment, 
culture, commerce, and quality of life for the 
communities and residents located near the 
sites at which such physical barriers are to be 
constructed.''; and
(II) in clause (ii)--
(aa) in subclause (I), by 
striking ``or'' after the 
semicolon at the end;
(bb) by amending subclause 
(II) to read as follows:
``(II) delay the transfer to the 
United States of the possession of 
property or affect the validity of any 
property acquisition by the United 
States by purchase or eminent domain, 
or to otherwise affect the eminent 
domain laws of the United States or of 
any State; or''; and
(cc) by adding at the end 
the following new subclause:
``(III) create any right or 
liability for any party.''; and
(iv) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and 
inserting ``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and 
inserting ``this section''; and
(iii) by striking ``construction of 
fences'' and inserting ``the construction of 
physical barriers'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the 
Secretary of Homeland Security, when designing, constructing, 
and deploying physical barriers, tactical infrastructure, or 
technology, shall incorporate such safety features into such 
design, construction, or deployment of such physical barriers, 
tactical infrastructure, or technology, as the case may be, 
that the Secretary determines are necessary to maximize the 
safety and effectiveness of officers or agents of the 
Department of Homeland Security or of any other Federal agency 
deployed in the vicinity of such physical barriers, tactical 
infrastructure, or technology.''; and
(E) in paragraph (4), by striking ``this 
subsection'' and inserting ``this section'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Notwithstanding any other provision of 
law, the Secretary of Homeland Security shall have the 
authority to waive all legal requirements the Secretary 
determines necessary to ensure the expeditious design, testing, 
construction, installation, deployment, and integration of the 
physical barriers, tactical infrastructure, and technology 
under this section. Such waiver authority shall also apply with 
respect to any maintenance carried out on such physical 
barriers, tactical infrastructure, or technology. Any such 
decision by the Secretary shall be effective upon publication 
in the Federal Register.'';
(B) by redesignating paragraph (2) as paragraph 
(3); and
(C) by inserting after paragraph (1) the following 
new paragraph:
``(2) Notification.--Not later than 7 days after the date 
on which the Secretary of Homeland Security exercises the 
waiver authority under paragraph (1), the Secretary shall 
notify the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate of such waiver.''; and
(4) by adding at the end the following new subsections:
``(e) Technology.--The Secretary of Homeland Security, in carrying 
out this section, shall deploy along the United States border the most 
practical and effective technology available for achieving situational 
awareness and operational advantage of the border.
``(f) Prioritization.--The Secretary of Homeland Security, in 
carrying out this section, should prioritize deploying technology along 
the United States border.
``(g) Definitions.--In this section:
``(1) Advanced unattended surveillance sensors.--The term 
`advanced unattended surveillance sensors' means sensors that 
utilize an onboard computer to analyze detections in an effort 
to discern between vehicles, humans, and animals, and 
ultimately filter false positives prior to transmission.
``(2) High traffic areas.--The term `high traffic areas' 
means areas in the vicinity of the United States border that--
``(A) are within the responsibility of U.S. Customs 
and Border Protection; and
``(B) have significant unlawful cross-border 
activity, as determined by the Secretary of Homeland 
Security.
``(3) Operational advantage.--The term `operational 
advantage' has the meaning given such term in the 2022-2026 
U.S. Border Patrol Strategy (CBP Publication No. 1678-0222).
``(4) Physical barriers.--The term `physical barriers' 
includes reinforced fencing, border barrier system, and levees.
``(5) Situational awareness.--The term `situational 
awareness' has the meaning given such term in section 
1092(a)(7) of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
``(6) Tactical infrastructure.--The term `tactical 
infrastructure' includes boat ramps, access gates, checkpoints, 
lighting, and roads.
``(7) Technology.--The term `technology' includes border 
surveillance and detection technology, including the following:
``(A) Tower-based surveillance technology, 
including autonomous technologies.
``(B) Deployable, lighter-than-air ground 
surveillance equipment.
``(C) Vehicle and Dismount Exploitation Radars 
(VADER).
``(D) 3-dimensional, seismic acoustic detection and 
ranging border tunneling detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable 
surveillance capabilities.
``(G) Unmanned aircraft systems.
``(H) Other border detection, communication, and 
surveillance technology.
``(8) Unmanned aircraft system.--The term `unmanned 
aircraft system' has the meaning given such term in section 
44801 of title 49, United States Code.''.

SEC. 1112. AIR AND MARINE OPERATIONS FLIGHT HOURS.

(a) Air and Marine Operations Flight Hours.--The Secretary shall 
ensure that not fewer than 95,000 annual flight hours are carried out 
by Air and Marine Operations of CBP.
(b) Unmanned Aircraft Systems.--The Secretary, after coordination 
with the Administrator of the Federal Aviation Administration, shall 
ensure that Air and Marine Operations operate unmanned aircraft systems 
on the southern border of the United States for not less than 24 hours 
per day for 7 days per week.
(c) Primary Missions.--The Commissioner shall ensure that--
(1) the primary missions for Air and Marine Operations are 
to directly support--
(A) U.S. Border Patrol activities along the borders 
of the United States; and
(B) Joint Interagency Task Force South operations 
in the transit zone; and
(2) the Executive Assistant Commissioner of Air and Marine 
Operations assigns the greatest priority to support missions 
outlined under paragraph (1).
(d) High Demand Flight Hour Requirements.--The Commissioner shall 
ensure that U.S. Border Patrol Sector Chiefs--
(1) identify air support mission-critical hours; and
(2) direct Air and Marine Operations to support requests 
from Sector Chiefs as their primary mission.
(e) Contract Air Support Authorizations.--The Commissioner shall 
contract for the unfulfilled air support mission-critical hours, as 
identified pursuant to subsection (d).
(f) Small Unmanned Aircraft Systems.--
(1) In general.--The Chief of the U.S. Border Patrol shall 
be the executive agent with respect to the use of small 
unmanned aircraft systems by CBP for the purpose of--
(A) meeting the unmet flight hour operational 
requirements of the U.S. Border Patrol; and
(B) achieving situational awareness and operational 
advantage.
(2) Coordination.--In carrying out paragraph (1), the Chief 
of the U.S. Border Patrol shall coordinate--
(A) flight operations with the Administrator of the 
Federal Aviation Administration to ensure the safe and 
efficient operation of the National Airspace System; 
and
(B) with the Executive Assistant Commissioner for 
Air and Marine Operations of CBP to--
(i) ensure the safety of other CBP aircraft 
flying in the vicinity of small unmanned 
aircraft systems operated by the U.S. Border 
Patrol; and
(ii) establish a process to include data 
from flight hours in the calculation of got 
away statistics.
(3) Conforming amendment.--Paragraph (3) of section 411(e) 
of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is 
amended--
(A) in subparagraph (B), by striking ``and'' after 
the semicolon at the end; and
(B) by redesignating subparagraph (C) as 
subparagraph (D).
(g) Savings Clause.--Nothing in this section shall confer, 
transfer, or delegate to the Secretary, the Commissioner, the Executive 
Assistant Commissioner for Air and Marine Operations of CBP, or the 
Chief of the U.S. Border Patrol any authority of the Secretary of 
Transportation or the Administrator of the Federal Aviation 
Administration relating to the use of airspace or aviation safety.
(h) Definitions.--In this section:
(1) Got away.--The term ``got away'' has the meaning given 
such term in section 1092(a)(3) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6 
U.S.C. 223(a)(3)).
(2) Transit zone.--The term ``transit zone'' has the 
meaning given such term in section 1092(a)(8) of the National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 6 U.S.C. 223(a)(8)).

SEC. 1113. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.

(a) Establishment of National Border Security Advisory Committee.--
The Secretary shall establish a National Border Security Advisory 
Committee, which--
(1) may advise, consult with, report to, and make 
recommendations to the Secretary on matters relating to border 
security matters, including--
(A) verifying security claims and the border 
security metrics established by the Department of 
Homeland Security under section 1092 of the National 
Defense Authorization Act for Fiscal Year 2017 (Public 
Law 114-328; 6 U.S.C. 223); and
(B) discussing ways to improve the security of high 
traffic areas along the northern border and the 
southern border; and
(2) may provide, through the Secretary, recommendations to 
Congress.
(b) Consideration of Views.--The Secretary shall consider the 
information, advice, and recommendations of the National Border 
Security Advisory Committee in formulating policy regarding matters 
affecting border security.
(c) Membership.--The National Border Security Advisory Committee 
shall consist of at least one member from each State who--
(1) has at least five years practical experience in border 
security operations; or
(2) lives and works in the United States within 80 miles 
from the southern border or the northern border.
(d) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
National Border Security Advisory Committee.

SEC. 1114. SOUTHERN BORDER THREAT ANALYSIS, BORDER PATROL STRATEGIC 
PLAN, AND NORTHERN BORDER THREAT ANALYSIS.

(a) Souther Border Threat Analysis.--
(1) Requirement.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall submit to the 
Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs 
of the Senate a Southern border threat analysis.
(2) Contents.--The analysis submitted under paragraph (1) 
shall include an assessment of--
(A) current and potential terrorism and criminal 
threats posed by individuals and organized groups 
seeking--
(i) to unlawfully enter the United States 
through the Southern border; or
(ii) to exploit security vulnerabilities 
along the Southern border;
(B) improvements needed at and between ports of 
entry along the Southern border to prevent terrorists 
and instruments of terror from entering the United 
States;
(C) gaps in law, policy, and coordination between 
State, local, or tribal law enforcement, international 
agreements, or tribal agreements that hinder effective 
and efficient border security, counterterrorism, and 
anti-human smuggling and trafficking efforts;
(D) the current percentage of situational awareness 
achieved by the Department along the Southern border;
(E) the current percentage of operational advantage 
achieved by the Department on the Southern border; and
(F) traveler crossing times and any potential 
security vulnerability associated with prolonged wait 
times.
(3) Analysis requirements.--In compiling the Southern 
border threat analysis required under this subsection, the 
Secretary shall consider and examine--
(A) the technology needs and challenges, including 
such needs and challenges identified as a result of 
previous investments that have not fully realized the 
security and operational benefits that were sought;
(B) the personnel needs and challenges, including 
such needs and challenges associated with recruitment 
and hiring;
(C) the infrastructure needs and challenges;
(D) the roles and authorities of State, local, and 
tribal law enforcement in general border security 
activities;
(E) the status of coordination among Federal, 
State, local, tribal, and Mexican law enforcement 
entities relating to border security;
(F) the terrain, population density, and climate 
along the Southern border; and
(G) the international agreements between the United 
States and Mexico related to border security.
(4) Classified form.--To the extent possible, the Secretary 
shall submit the Southern border threat analysis required under 
this subsection in unclassified form, but may submit a portion 
of the threat analysis in classified form if the Secretary 
determines such action is appropriate.
(b) In General.--Not later than one year after the date of 
enactment of this section and every 2 years thereafter, the Secretary, 
acting through the Chief of the U.S. Border Patrol, shall issue a 
Border Patrol Strategic Plan (referred to in this section as the 
``plan'') to enhance the security of the international borders of the 
United States.
(c) Elements.--The plan shall include the following:
(1) A consideration of Border Patrol Capability Gap 
Analysis reporting, Border Security Improvement Plans, and any 
other strategic document authored by the U.S. Border Patrol to 
address security gaps with respect to ports of entry, including 
efforts to mitigate threats identified in such analyses, plans, 
and documents.
(2) Information relating to the dissemination of 
information relating to border security or border threats with 
respect to the efforts of the Department and other appropriate 
Federal agencies.
(3) Information relating to efforts by U.S. Border Patrol 
to--
(A) increase situational awareness, including--
(i) surveillance capabilities, such as 
capabilities developed or utilized by the 
Department of Defense, and any appropriate 
technology determined to be excess by the 
Department of Defense; and
(ii) the use of manned aircraft and 
unmanned aircraft systems;
(B) detect and prevent terrorists and instruments 
of terrorism from entering the United States;
(C) detect, interdict, and disrupt human smuggling, 
human trafficking, drug trafficking and other illicit 
cross-border activity;
(D) focus intelligence collection to disrupt 
transnational criminal organizations outside of the 
international and maritime borders of the United 
States; and
(E) ensure that any new border security technology 
can be operationally integrated with existing 
technologies in use by the Department.
(4) Information relating to initiatives of the Department 
with respect to operational coordination, including any 
relevant task forces of the Department.
(5) Information gathered from the lessons learned by the 
deployments of the National Guard to the southern border of the 
United States.
(6) A description of cooperative agreements relating to 
information sharing with State, local, Tribal, territorial, and 
other Federal law enforcement agencies that have jurisdiction 
on the border.
(7) Information relating to border security information 
received from--
(A) State, local, Tribal, territorial, and other 
Federal law enforcement agencies that have jurisdiction 
on the border or in the maritime environment; and
(B) border community stakeholders, including 
representatives from--
(i) border agricultural and ranching 
organizations; and
(ii) business and civic organizations.
(8) Information relating to the staffing requirements with 
respect to border security for the Department.
(9) A prioritized list of Department research and 
development objectives to enhance the security of the southern 
border.
(10) An assessment of training programs, including such 
programs relating to--
(A) identifying and detecting fraudulent documents;
(B) understanding the scope of CBP enforcement 
authorities and appropriate use of force policies; and
(C) screening, identifying, and addressing 
vulnerable populations, such as children and victims of 
human trafficking.
(d) Northern Border Threat Analysis.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall submit to 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate an update of the Northern Border Threat Analysis as required in 
the Northern Border Security Review Act (Public Law 114-267).

SEC. 1115. AGENT AND OFFICER TECHNOLOGY USE.

In carrying out section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (as amended by section 1111 of 
this division), the Secretary shall ensure that technology deployed to 
gain situational awareness and operational advantage of the border be 
provided to frontline officers and agents of the Department of Homeland 
Security.

SEC. 1116. REPORT ON STANDARDS AND GUIDELINES FOR MANAGING PORTS OF 
ENTRY UNDER THE CONTROL OF THE DEPARTMENT OF HOMELAND 
SECURITY.

(a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
coordination with the Secretary of Commerce, shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report that contains an assessment of the standards and guidelines for 
managing ports of entry under the control of the Department of Homeland 
Security. Such assessment shall include information relating to the 
following:
(1) Staffing levels and need for additional staffing.
(2) Rules governing the actions of Office of Field 
Operations officers.
(3) Average delays for transit through air, land, and sea 
ports of entry.
(4) Assessment of existing efforts and technologies used 
for border security, and the effect of the use of such efforts 
and technologies on facilitating trade at ports of entry and 
their impact on civil rights, private property rights, privacy 
rights, and civil liberties.
(5) Economic impact of the policies and practices of CBP 
Agricultural Specialists and Office of Field Operations 
personnel.
(6) Physical infrastructure and technological needs at 
ports of entry.
(7) Data reflecting the specific needs of geographically 
separate ports of entry within the same U.S. Border Patrol 
sector.
(8) A plan for increasing the number of officers certified 
as emergency medical technicians and the number of medical 
professionals assigned to U.S. Customs and Border Protection 
Office of Field Operations land ports of entry.
(9) A plan to increase access to land ports of entry that 
factors in asylum seekers, victims of trafficking, 
unaccompanied minors, and other vulnerable populations.
(b) Report on Port Runners.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland Security shall 
submit a report that contains an assessment of instances of ``Port 
Running'', or departing the United States before officers can conclude 
traveler inspections, which shall include recommendations for new 
security enhancements, including traffic barricades, to slow and deter 
individuals from leaving the United States without authorization.

SEC. 1117. STAKEHOLDER AND COMMUNITY ENGAGEMENT.

(a) Department of Homeland Security Border Oversight Commission.--
(1) Establishment.--There is established an independent 
commission, which shall be known as the ``Department of 
Homeland Security Border Oversight Commission'' (referred to in 
this Act as the ``Commission'').
(2) Organization.--
(A) Leadership.--The Commission shall be led by a 
Chair and a Vice Chair.
(B) Membership.--
(i) In general.--The Commission shall be 
composed of 30 members, who--
(I) shall be appointed by the 
Speaker and the minority leader of the 
House of Representatives and the 
majority and minority leaders of the 
Senate, in consultation with the 
President; and
(II) shall 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.
(ii) Regional representation.--Of the 30 
members appointed pursuant to clause (i)(I)--
(I) 13 members shall be from the 
northern border region and shall 
comprise the northern border 
subcommittee; and
(II) 17 members shall be from the 
southern border region and shall 
comprise the southern border 
subcommittee.
(iii) Northern border subcommittee.--Of the 
13 members from the northern border region--
(I) 2 shall be elected local 
government officials;
(II) 2 shall be local law 
enforcement officials;
(III) 2 shall be civil rights 
advocates;
(IV) 1 shall represent the business 
community;
(V) 1 shall represent institutions 
of higher education;
(VI) 1 shall represent a faith 
community;
(VII) 2 shall be U.S. Border Patrol 
officers or agents; and
(VIII) 2 shall be tribal officials.
(iv) Southern border subcommittee.--Of the 
17 members from the southern border region--
(I) 3 shall be elected local 
government officials;
(II) 3 shall be local law 
enforcement officials;
(III) 3 shall be civil rights 
advocates;
(IV) 2 shall represent the business 
community;
(V) 1 shall represent institutions 
of higher education;
(VI) 1 shall represent a faith 
community;
(VII) 2 shall be U.S. Border Patrol 
officers or agents; and
(VIII) 2 shall be tribal officials.
(v) Chair; vice chair.--The members of the 
Commission shall elect a Chair and a Vice Chair 
from among its members by a majority vote of at 
least 16 members.
(vi) Terms of service.--The Chair and the 
Vice Chair of the Commission shall serve 4-year 
terms in such positions. Members of the 
Commission shall also serve 4-year terms.
(vii) Appointment deadline.--Congress shall 
make the initial appointments to the Commission 
not later than 180 days after the date of the 
enactment of this Act.
(3) Meetings.--
(A) Commission.--The Commission shall meet at least 
semiannually and may convene additional meetings as 
necessary.
(B) Subcommittees.--The northern border and 
southern border subcommittees shall meet at least 
quarterly, and may convene additional meetings, as 
necessary.
(4) Duties.--The Commission, the northern border 
subcommittee, and the southern border subcommittee shall--
(A) develop recommendations for improvements 
regarding border enforcement policies, strategies, and 
programs that take into consideration their impact on 
border communities;
(B) evaluate policies, strategies, and programs of 
Federal agencies operating along the northern and 
southern United States borders--
(i) to protect--
(I) due process;
(II) the civil and human rights of 
border residents and visitors; and
(III) private property rights of 
land owners;
(ii) to reduce the number of migrant 
deaths; and
(iii) to improve the safety of agents and 
officers of U.S. Customs and Border Protection 
and U.S. Immigration and Customs Enforcement;
(C) develop recommendations for improvements 
regarding the safety of agents and officers of U.S. 
Customs and Border Protection and U.S. Immigration and 
Customs Enforcement while such agents and officers are 
in the field; and
(D) evaluate training and establish training 
courses related to--
(i) management and leadership skills for 
supervisors in each U.S. Border Patrol sector, 
at each port of entry on the northern and 
southern United States borders, and at each 
U.S. Immigration and Customs Enforcement field 
office; and
(ii) the extent to which supervisory and 
management personnel practices at U.S. Customs 
and Border Protection and U.S. Immigration and 
Customs Enforcement--
(I) encourage and facilitate 
workforce development for agents and 
officers; and
(II) promote agent and officer 
field safety and post-Federal Law 
Enforcement Training Center (referred 
to in this Act as ``FLETC'') training 
of border enforcement personnel.
(5) Additional responsibilities.--
(A) In general.--In carrying out the duties set 
forth in paragraph (4), the Commission shall take into 
consideration any recommendations and evaluations 
agreed upon by the northern border subcommittee and the 
southern border subcommittee.
(B) Subcommittee reports.--The northern border 
subcommittee and the southern border subcommittee shall 
each--
(i) submit an annual report to the Chair 
and Vice Chair of the Commission that contains 
the recommendations and evaluations of the 
subcommittees referred to in paragraph (4); and
(ii) make each such report available to the 
public.
(6) Prohibition on compensation.--Members of the Commission 
may not receive pay, allowances, or benefits from the Federal 
Government by reason of their service on the Commission or 
either of its subcommittees.
(b) Hearings and Evidence.--The Commission or, on the authority of 
the Commission, any subcommittee or member of the Commission, may, for 
the purpose of carrying out this Act, hold such hearings, and sit and 
act at such times and places, take such testimony, receive such 
evidence, and administer such oaths as the Commission or such 
designated subcommittee or designated member determines necessary to 
carry out its duties under subsection (a)(4).
(c) Savings Provision.--Nothing in this Act may be construed as 
affecting the investigative and disciplinary procedures of U.S. Customs 
and Border Protection, U.S. Immigration and Customs Enforcement, or the 
Department of Homeland Security with respect to agents and officers of 
U.S. Customs and Border Protection or U.S. Immigration and Customs 
Enforcement.
(d) Reports.--
(1) Annual reports.--The Commission shall--
(A) submit an annual report to the Secretary of 
Homeland Security that contains information regarding 
the activities, findings, and recommendations of the 
Commission, including the northern border subcommittee 
and the southern border subcommittee, for the preceding 
year; and
(B) make each such report available to the public.
(2) Congressional notification.--The Secretary of Homeland 
Security shall brief the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on the 
Judiciary of the Senate, the Committee on Homeland Security of 
the House of Representatives, and the Committee on the 
Judiciary of the House of Representatives regarding each report 
received under paragraph (1).

SEC. 1118. TRAINING FOR OFFICERS AND AGENTS OF U.S. CUSTOMS AND BORDER 
PROTECTION.

(a) In General.--Subsection (l) of section 411 of the Homeland 
Security Act of 2002 (6 U.S.C. 211) is amended to read as follows:
``(l) Training and Continuing Education.--
``(1) Mandatory training.--The Commissioner shall ensure 
that every agent and officer of U.S. Customs and Border 
Protection receives a minimum of 21 weeks of training that are 
directly related to the mission of the U.S. Border Patrol, Air 
and Marine, and the Office of Field Operations before the 
initial assignment of such agents and officers.
``(2) FLETC.--The Commissioner shall work in consultation 
with the Director of the Federal Law Enforcement Training 
Centers to establish guidelines and curriculum for the training 
of agents and officers of U.S. Customs and Border Protection 
under subsection (a).
``(3) Continuing education.--The Commissioner shall 
annually require all agents and officers of U.S. Customs and 
Border Protection who are required to undergo training under 
subsection (a) to participate in not fewer than eight hours of 
continuing education annually to maintain and update 
understanding of Federal legal rulings, court decisions, and 
Department policies, procedures, and guidelines related to 
relevant subject matters.
``(4) Leadership training.--Not later than one year after 
the date of the enactment of this subsection, the Commissioner 
shall develop and require training courses geared towards the 
development of leadership skills for mid- and senior-level 
career employees not later than one year after such employees 
assume duties in supervisory roles.''.
(b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Commissioner shall submit to the Committee 
on Homeland Security and the Committee on Ways and Means of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Finance of the Senate a 
report identifying the guidelines and curriculum established to carry 
out subsection (l) of section 411 of the Homeland Security Act of 2002, 
as amended by subsection (a) of this section.
(c) Assessment.--Not later than four years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Homeland Security and the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on Finance 
of the Senate a report that assesses the training and education, 
including continuing education, required under subsection (l) of 
section 411 of the Homeland Security Act of 2002, as amended by 
subsection (a) of this section.

SEC. 1119. U.S. BORDER PATROL PROCESSING COORDINATOR POSITIONS.

(a) Processing Coordinators.--The Commissioner of U.S. Customs and 
Border Protection is authorized to hire and train U.S. Border Patrol 
Processing Coordinators to operate within the U.S. Border Patrol to--
(1) perform administrative tasks related to the intake and 
processing of individuals apprehended by U.S. Border Patrol 
agents, where necessary;
(2) transport individuals in U.S. Border Patrol custody, 
where necessary; and
(3) perform custodial watch duties of individuals in such 
custody, including individuals who have been admitted to a 
hospital.
(b) Clarified Authorities.--A U.S. Border Patrol Processing 
Coordinator hired under subsection (a) may not arrest or otherwise 
detain any person as described in section 235, 236, or 287(a), of the 
Immigration and Nationality Act (8 U.S.C. 1225, 1226, and 1357(a)), and 
such a Coordinator may not conduct any interview under section 
235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)(1)(B)).
(c) Training.--The Commissioner of U.S. Customs and Border 
Protection, in coordination with the Chief of the U.S. Border Patrol 
and in consultation with the Director of the Federal Law Enforcement 
Training Centers, shall develop tailored training for U.S. Border 
Patrol Processing Coordinators.
(d) Associated Support Staff.--The Commissioner of U.S. Customs and 
Border Protection is authorized to hire appropriate professional 
support staff to facilitate the hiring, training, and other support 
functions required by U.S. Border Patrol Processing Coordinators.

SEC. 1120. ESTABLISHMENT OF HIGHER MINIMUM RATES OF PAY FOR UNITED 
STATES BORDER PATROL AGENTS.

(a) Higher Minimum Rate of Pay.--Not later than 180 days after the 
enactment of this Act, the Director of the Office of Personnel 
Management--
(1) shall, in accordance with section 5305 of title 5, 
United States Code--
(A) increase the minimum rate of pay for United 
States Border Patrol agents at the grade GS-12 of the 
General Schedule by not less than 14 percent; and
(B) increase other grades or levels, occupational 
groups, series, classes, or subdivisions thereof, as 
determined by the Secretary of Homeland Security;
(2) take such actions as may be necessary to harmonize--
(A) pay levels for U.S. Border Patrol agents and 
CBP officers at each pay scale in a manner so as to 
ensure greater or the same level of pay; and
(B) such other pay incentives and overtime scales; 
and
(3) may make increases in all rates in the pay range for 
each such grade or level, in accordance with such section 5305.
(b) Inapplicability.--The discretion granted to agency heads under 
section 5305(a)(2) of title 5, United States Code, shall not apply to 
increase in rates of pay authorized under subsection (a).

SEC. 1121. BODY WORN CAMERA PILOT PROGRAM AUTHORIZATION.

The Body Worn Camera Pilot Program referred to in H. Rept. 116-458, 
Department of Homeland Security Appropriations Act, 2021, shall be 
authorized for 5 fiscal years after the date of enactment of this Act.

SEC. 1122. PROTECTING SENSITIVE LOCATIONS.

Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) 
is amended by adding at the end the following:
``(i)(1) Except as otherwise provided, an officer or an agent of 
the U.S. Immigration and Customs Enforcement or the U.S. Customs and 
Border Protection may not take an immigration enforcement action in or 
near a protected area.
``(2) Paragraph (1) does not apply--
``(A) whenever prior approval has been obtained; or
``(B) under exigent circumstances (including, but not 
limited to, an immigration enforcement action that involves a 
national security threat, the hot pursuit of an individual who 
poses a public safety threat, or the hot pursuit of an 
individual who was observed crossing the border; that involves 
the imminent risk of death, violence, or physical harm to a 
person or the imminent risk that evidence material to a 
criminal case will be destroyed; or where a safe alternative 
location does not exist).
``(3) When taking an immigration enforcement action in or near a 
protected area, an officer or an agent of U.S. Immigration and Customs 
Enforcement or U.S. Customs and Border Protection shall, to the fullest 
extent possible--
``(A) take the immigration enforcement action in a non-
public area or in a manner that minimizes the effect on another 
person who is accessing the protected area;
``(B) limit the time spent in or near the protected area; 
and
``(C) limit the immigration enforcement action to the 
person who is the subject of such enforcement action.
``(4) If an immigration enforcement action is taken due to exigent 
circumstances, the officer or agent shall inform the Director of U.S. 
Immigration and Customs Enforcement (or the Director's designee) or the 
Commissioner of U.S. Customs and Border Protection (or the 
Commissioner's designee) as the case may be, as soon as practical 
thereafter.
``(5) In this subsection:
``(A) The term `immigration enforcement action' means an 
arrest, search, service of a subpoena or a notice to appear in 
immigration court, or other immigration enforcement action.
``(B) The term `prior approval' means--
``(i) in the case of an immigration enforcement 
action that an officer or an agent of U.S. Immigration 
and Customs Enforcement will take, prior written 
approval from the Director (or the Director's 
designee); and
``(ii) in the case of an immigration enforcement 
action that an officer or an agent of U.S. Customs and 
Border Protection will take, prior written approval 
from the Commissioner (or the Commissioner's designee).
``(C) The term `protected area' includes a structure or a 
place that provides essential services or at which a person 
would engage in an essential activity, including--
``(i) any school;
``(ii) any hospital, medical facility, mental 
health facility, or other health care facility;
``(iii) any place of worship or religious study, 
whether in a structure dedicated to activities of faith 
or a temporary facility or location where such 
activities are taking place;
``(iv) any structure or place, the purpose of which 
is for children to gather;
``(v) any structure or place, the purpose of which 
is to provide social services;
``(vi) any structure or place, the purpose of which 
is to provide disaster or emergency assistance or 
emergency relief;
``(vii) a place where a funeral, graveside 
ceremony, rosary, wedding, or other religious or civil 
ceremonies or observances occur;
``(viii) a place where there is an ongoing parade, 
demonstration, or rally; or
``(ix) any courthouse.
``(6) For the purposes of this subsection, the Secretary of 
Homeland Security shall promulgate guidance, in the exercise of their 
discretion, on the physical distance that constitutes in or near a 
protected area.''.

TITLE II--BORDER AND PORTS OF ENTRY INFRASTRUCTURE FUNDING

SEC. 1201. PORTS OF ENTRY INFRASTRUCTURE.

(a) Additional Ports of Entry.--
(1) Authority.--The Administrator of General Services may, 
subject to section 3307 of title 40, United States Code, 
construct new ports of entry along the northern border and 
southern border at locations determined by the Secretary.
(2) Consultation.--
(A) Requirement to consult.--The Secretary and the 
Administrator of General Services shall consult with 
the Secretary of State, the Secretary of the Interior, 
the Secretary of Agriculture, the Secretary of 
Transportation, and appropriate representatives of 
State and local governments, and Indian tribes, and 
property owners in the United States prior to 
determining a location for any new port of entry 
constructed pursuant to paragraph (1).
(B) Considerations.--The purpose of the 
consultations required by subparagraph (A) shall be to 
minimize any negative impacts of constructing a new 
port of entry on the environment, culture, commerce, 
and quality of life of the communities and residents 
located near such new port.
(b) Expansion and Modernization of High-Priority Southern Border 
Ports of Entry.--The Administrator of General Services, subject to 
section 3307 of title 40, United States Code, and in coordination with 
the Secretary, shall expand or modernize high-priority ports of entry 
on the southern border, as determined by the Secretary, for the 
purposes of reducing wait times and enhancing security.
(c) Port of Entry Prioritization.--Prior to constructing any new 
ports of entry pursuant to subsection (a), the Administrator of General 
Services shall complete the expansion and modernization of ports of 
entry pursuant to subsection (b) to the extent practicable.
(d) Savings Provision.--Nothing in this section may be construed 
to--
(1) create or negate any right of action for a State, local 
government, or other person or entity affected by this section;
(2) delay the transfer of the possession of property to the 
United States or affect the validity of any property 
acquisitions by purchase or eminent domain, or to otherwise 
affect the eminent domain laws of the United States or of any 
State; or
(3) create any right or liability for any party.
(e) Rule of Construction.--Nothing in this section may be construed 
as providing the Secretary new authority related to the construction, 
acquisition, or renovation of real property.

SEC. 1202. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES.

(a) Finding.--Congress finds that personnel constraints exist at 
land ports of entry with regard to sanitary and phytosanitary 
inspections for exported goods.
(b) Sense of Congress.--It is the sense of Congress that, in the 
best interest of cross-border trade and the agricultural community--
(1) any lack of certified personnel for inspection purposes 
at ports of entry should be addressed by seeking cooperation 
between agencies and departments of the United States, whether 
in the form of a memorandum of understanding or through a 
certification process, whereby additional existing agents are 
authorized for additional hours to facilitate and expedite the 
flow of legitimate trade and commerce of perishable goods in a 
manner consistent with rules of the Department of Agriculture; 
and
(2) cross-designation should be available for personnel who 
will assist more than one agency or department of the United 
States at land ports of entry to facilitate and expedite the 
flow of increased legitimate trade and commerce.

SEC. 1203. AUTHORIZATION OF APPROPRIATIONS.

In addition to any amounts otherwise authorized to be appropriated 
for such purpose, there is appropriated $2,000,000,000 for each of 
fiscal years 2026 through 2030 to carry out this subtitle.

SEC. 1204. FUNDING MATTERS.

Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new section:

``SEC. 9512. IMMIGRATION INFRASTRUCTURE AND DEBT REDUCTION FUND.

``(a) Creation of Trust Fund.--There is hereby established in the 
Treasury of the United States a trust fund to be known as the 
Immigration Infrastructure and Debt Reduction Fund, consisting of such 
amounts as may be appropriated or credited to such Fund as provided in 
this section or section 9602(b).
``(b) Transfer to Trust Fund of Amounts Equivalent to Certain 
Taxes.--There are hereby appropriated to the Immigration Infrastructure 
and Debt Reduction Fund amounts equivalent to the taxes received in the 
Treasury under section 2304 of division B of the Dignity for Immigrants 
while Guarding our Nation to Ignite and Deliver the American Dream Act 
paid or incurred by taxpayers who are aliens and participants in the 
Dignity Program under title III of division B of the Dignity for 
Immigrants while Guarding our Nation to Ignite and Deliver the American 
Dream Act.
``(c) Expenditures From Trust Fund.--Amounts in the Immigration 
Infrastructure and Debt Reduction Fund shall be available to carry out 
the Dignity for Immigrants while Guarding our Nation to Ignite and 
Deliver the American Dream Act and the amendments made by such Act.
``(d) Additional Expenditures From Trust Fund.--After such 
expenditures in this Act are completed, the remaining amounts from the 
Immigration Infrastructure and Debt Reduction fund shall be returned to 
the Treasury to pay down the national debt.
``(e) Premium Processing Fee Deposits.--Fifty percent of the 
Premium Processing fee collected under section 201(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as amended by 
section 3201 of the DIGNIDAD Act of 2025, shall be deposited into the 
Immigration Examinations Fee Account (IEFA) of the Treasury to fund the 
costs of processing immigration benefit requests.
``(f) Premium Processing Fee Contributions.--An employer or private 
entity may contribute a partial or full amount of the Premium 
Processing fee collected under section 201(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 3201 of 
the DIGNIDAD Act of 2025.''.

TITLE III--CRIMINAL ENFORCEMENT PROVISIONS

SEC. 1301. ILLICIT SPOTTING.

Section 1510 of title 18, United States Code, is amended by adding 
at the end the following:
``(f) Any person who knowingly transmits, by any means, to another 
person the location, movement, or activities of any officer or agent of 
a Federal, State, local, or tribal law enforcement agency with the 
intent to aid and abet a criminal offense under the immigration laws 
(as such term is defined in section 101 of the Immigration and 
Nationality Act), the Controlled Substances Act, or the Controlled 
Substances Import and Export Act, or that relates to agriculture or 
monetary instruments shall be fined under this title or imprisoned not 
more than 10 years, or both.''.

SEC. 1302. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS 
CONTROLS.

(a) Bringing in and Harboring of Certain Aliens.--Section 274(a) of 
the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended--
(1) in paragraph (2), by striking ``brings to or attempts 
to'' and inserting the following: ``brings to or knowingly 
attempts or conspires to''; and
(2) by adding at the end the following:
``(5) In the case of a person who has brought aliens into 
the United States in violation of this subsection, the sentence 
otherwise provided for may be increased by up to 10 years if 
that person, at the time of the offense, used or carried a 
firearm or who, in furtherance of any such crime, possessed a 
firearm.''.
(b) Aiding or Assisting Certain Aliens To Enter the United 
States.--Section 277 of the Immigration and Nationality Act (8 U.S.C. 
1327) is amended--
(1) by inserting after ``knowingly aids or assists'' the 
following: ``or attempts to aid or assist''; and
(2) by adding at the end the following: ``In the case of a 
person convicted of an offense under this section, the sentence 
otherwise provided for may be increased by up to 10 years if 
that person, at the time of the offense, used or carried a 
firearm or who, in furtherance of any such crime, possessed a 
firearm.''.

SEC. 1303. REPORT ON SMUGGLING.

The Secretary of Homeland Security, in coordination with the heads 
of appropriate Federal agencies, shall develop a regularly updated 
intelligence driven analysis that includes--
(1) migrant perceptions of United States law and policy at 
the border, including human smuggling organization messaging 
and propaganda;
(2) tactics, techniques, and procedures used by human 
smuggling organizations to exploit border security 
vulnerabilities to facilitate such smuggling activities across 
the border;
(3) the methods and use of technology to organize and 
encourage irregular migration and undermine border security; 
and
(4) any other information the Secretary determines 
appropriate.

SEC. 1304. ILLEGAL REENTRY.

Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) 
is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIEN.

``(a) Reentry After Removal.--
``(1) In general.--Any alien who has been denied admission, 
excluded, deported, or removed, or who has departed the United 
States while an order of exclusion, deportation, or removal is 
outstanding, and subsequently enters, crosses the border to, or 
is at any time found in the United States, shall be fined under 
title 18, United States Code, imprisoned not more than 10 
years, or both.
``(2) Exception.--If an alien sought and received the 
express consent of the Secretary to reapply for admission into 
the United States, or, with respect to an alien previously 
denied admission and removed, the alien was not required to 
obtain such advance consent under the Immigration and 
Nationality Act or any prior Act, the alien shall not be 
subject to the fine and imprisonment provided for in paragraph 
(1).
``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty 
provided in subsection (a), if an alien described in that subsection 
was convicted before such removal or departure--
``(1) for 3 or more misdemeanors or for a felony, the alien 
shall be fined under title 18, United States Code, imprisoned 
not more than 15 years, or both;
``(2) for a felony for which the alien was sentenced to a 
term of imprisonment of not less than 30 months, the alien 
shall be fined under such title, imprisoned not more than 20 
years, or both;
``(3) for a felony for which the alien was sentenced to a 
term of imprisonment of not less than 60 months, the alien 
shall be fined under such title, imprisoned not more than 25 
years, or both; or
``(4) for murder, rape, kidnapping, or a felony offense 
described in chapter 77 (relating to peonage and slavery) or 
113B (relating to terrorism) of such title, or for 3 or more 
felonies of any kind, the alien shall be fined under such 
title, imprisoned not more than 30 years, or both.
``(c) Reentry After Repeated Removal.--Any alien who has been 
denied admission, excluded, deported, or removed 3 or more times and 
thereafter enters, attempts to enter, crosses the border to, attempts 
to cross the border to, or is at any time found in the United States, 
shall be fined under title 18, United States Code, imprisoned not more 
than 20 years, or both.
``(d) Proof of Prior Convictions.--The prior convictions described 
in subsection (b) are elements of the crimes described, and the 
penalties in that subsection shall apply only in cases in which the 
conviction or convictions that form the basis for the additional 
penalty are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted 
by the defendant.
``(e) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who 
enters, attempts to enter, crosses the border to, attempts to cross the 
border to, or is at any time found in, the United States shall be 
incarcerated for the remainder of the sentence of imprisonment which 
was pending at the time of deportation without any reduction for parole 
or supervised release unless the alien affirmatively demonstrates that 
the Secretary of Homeland Security has expressly consented to the 
alien's reentry. Such alien shall be subject to such other penalties 
relating to the reentry of removed aliens as may be available under 
this section or any other provision of law.
``(f) Definitions.--For purposes of this section and section 275, 
the following definitions shall apply:
``(1) Crosses the border to the united states.--The term 
`crosses the border' refers to the physical act of crossing the 
border free from official restraint.
``(2) Official restraint.--The term `official restraint' 
means any restraint known to the alien that serves to deprive 
the alien of liberty and prevents the alien from going at large 
into the United States. Surveillance unbeknownst to the alien 
shall not constitute official restraint.
``(3) Felony.--The term `felony' means any criminal offense 
punishable by a term of imprisonment of more than 1 year under 
the laws of the United States, any State, or a foreign 
government.
``(4) Misdemeanor.--The term `misdemeanor' means any 
criminal offense punishable by a term of imprisonment of not 
more than 1 year under the applicable laws of the United 
States, any State, or a foreign government.
``(5) Removal.--The term `removal' includes any denial of 
admission, exclusion, deportation, or removal, or any agreement 
by which an alien stipulates or agrees to exclusion, 
deportation, or removal.
``(6) State.--The term `State' means a State of the United 
States, the District of Columbia, and any commonwealth, 
territory, or possession of the United States.''.

SEC. 1305. MANDATORY MINIMUM PENALTY FOR CHILD SEX TRAFFICKING.

Section 1591(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``15'' and inserting 
``25''; and
(2) in paragraph (2), by striking ``10 years'' and 
inserting ``25 years''.

SEC. 1306. VISA INELIGIBILITY FOR SPOUSES AND CHILDREN OF DRUG 
TRAFFICKERS.

Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)) is amended--
(1) in subparagraph (C)(ii), by striking ``is the spouse, 
son, or daughter'' and inserting ``is or has been the spouse, 
son, or daughter''; and
(2) in subparagraph (H)(ii), by striking ``is the spouse, 
son, or daughter'' and inserting ``is or has been the spouse, 
son, or daughter''.

SEC. 1307. DNA TESTING AND COLLECTION CONSISTENT WITH FEDERAL LAW.

(a) DNA Testing for Family Relationship.--Section 222(b) of the 
Immigration and Nationality Act (8 U.S.C. 1202(b)) is amended by 
inserting ``Where considered necessary, by the consular officer or 
immigration official, to establish family relationships, the immigrant 
shall provide DNA evidence of such a relationship in accordance with 
procedures established for submitting such evidence. The Secretary and 
the Secretary of State may, in consultation, issue regulations to 
require DNA evidence to establish family relationship, from applicants 
for certain visa classifications.'' after ``and a certified copy of all 
other records or documents concerning him or his case which may be 
required by the consular officer.''.
(b) DNA Collection Consistent With Federal Law.--Not later than 90 
days after the date of the enactment of this section, the Secretary 
shall ensure and certify to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate that CBP is fully compliant with the 
DNA Fingerprint Act of 2005 (Public Law 109-162; 119 Stat. 3084) at all 
border facilities that process adults, including as part of a family 
unit, in the custody of CBP at the border.

SEC. 1308. INCREASED PENALTY FOR VOTING BY ALIENS.

Section 611(b) of title 18, United States Code, is amended by 
striking ``one year'' and inserting ``five years''.

TITLE IV--MANDATORY E-VERIFY

SEC. 1401. SHORT TITLE.

This title may be cited as the ``Legal Workforce Act''.

SEC. 1402. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

(a) In General.--Section 274A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)) is amended to read as follows:
``(b) Employment Eligibility Verification Process.--
``(1) New hires, recruitment, and referral.--The 
requirements referred to in paragraphs (1)(B) and (3) of 
subsection (a) are, in the case of a person or other entity 
hiring, recruiting, or referring an individual for employment 
in the United States, the following:
``(A) Attestation after examination of 
documentation.--
``(i) Attestation.--During the verification 
period (as defined in subparagraph (E)), the 
person or entity shall attest, under penalty of 
perjury and on a form, including electronic and 
telephonic formats, designated or established 
by the Secretary by regulation not later than 6 
months after the date of the enactment of the 
Legal Workforce Act, that it has verified that 
the individual is not an unauthorized alien 
by--
``(I) obtaining from the individual 
the individual's social security 
account number or United States 
passport number and recording the 
number on the form (if the individual 
claims to have been issued such a 
number), and, if the individual does 
not attest to United States nationality 
under subparagraph (B), obtaining such 
identification or authorization number 
established by the Department of 
Homeland Security for the alien as the 
Secretary of Homeland Security may 
specify, and recording such number on 
the form; and
``(II) examining--
``(aa) a document relating 
to the individual presenting it 
described in clause (ii); or
``(bb) a document relating 
to the individual presenting it 
described in clause (iii) and a 
document relating to the 
individual presenting it 
described in clause (iv).
``(ii) Documents evidencing employment 
authorization and establishing identity.--A 
document described in this subparagraph is an 
individual's--
``(I) unexpired United States 
passport or passport card;
``(II) unexpired permanent resident 
card that contains a photograph;
``(III) unexpired employment 
authorization card that contains a 
photograph;
``(IV) in the case of a 
nonimmigrant alien authorized to work 
for a specific employer incident to 
status, a foreign passport with Form I-
94 or Form I-94A, or other 
documentation as designated by the 
Secretary specifying the alien's 
nonimmigrant status as long as the 
period of status has not yet expired 
and the proposed employment is not in 
conflict with any restrictions or 
limitations identified in the 
documentation;
``(V) passport from the Federated 
States of Micronesia (FSM) or the 
Republic of the Marshall Islands (RMI) 
with Form I-94 or Form I-94A, or other 
documentation as designated by the 
Secretary, indicating nonimmigrant 
admission under the Compact of Free 
Association Between the United States 
and the FSM or RMI; or
``(VI) other document designated by 
the Secretary of Homeland Security, if 
the document--
``(aa) contains a 
photograph of the individual 
and biometric identification 
data from the individual and 
such other personal identifying 
information relating to the 
individual as the Secretary of 
Homeland Security finds, by 
regulation, sufficient for 
purposes of this clause;
``(bb) is evidence of 
authorization of employment in 
the United States; and
``(cc) contains security 
features to make it resistant 
to tampering, counterfeiting, 
and fraudulent use.
``(iii) Documents evidencing employment 
authorization.--A document described in this 
subparagraph is an individual's social security 
account number card (other than such a card 
which specifies on the face that the issuance 
of the card does not authorize employment in 
the United States).
``(iv) Documents establishing identity of 
individual.--A document described in this 
subparagraph is--
``(I) an individual's unexpired 
State-issued driver's license or 
identification card if it contains a 
photograph and information such as 
name, date of birth, gender, height, 
eye color, and address;
``(II) an individual's unexpired 
U.S. military identification card;
``(III) an individual's unexpired 
Native American tribal identification 
document issued by a tribal entity 
recognized by the Bureau of Indian 
Affairs; or
``(IV) in the case of an individual 
under 18 years of age, a parent or 
legal guardian's attestation under 
penalty of law as to the identity and 
age of the individual.
``(v) Authority to prohibit use of certain 
documents.--If the Secretary of Homeland 
Security finds, by regulation, that any 
document described in clause (i), (ii), or 
(iii) as establishing employment authorization 
or identity does not reliably establish such 
authorization or identity or is being used 
fraudulently to an unacceptable degree, the 
Secretary may prohibit or place conditions on 
its use for purposes of this paragraph.
``(vi) Signature.--Such attestation may be 
manifested by either a handwritten or 
electronic signature.
``(B) Individual attestation of employment 
authorization.--During the verification period (as 
defined in subparagraph (E)), the individual shall 
attest, under penalty of perjury on the form designated 
or established for purposes of subparagraph (A), that 
the individual is a citizen or national of the United 
States, an alien lawfully admitted for permanent 
residence, or an alien who is authorized under this Act 
or by the Secretary of Homeland Security to be hired, 
recruited, or referred for such employment. Such 
attestation may be manifested by either a handwritten 
or electronic signature. The individual shall also 
provide that individual's social security account 
number or United States passport number (if the 
individual claims to have been issued such a number), 
and, if the individual does not attest to United States 
nationality under this subparagraph, such 
identification or authorization number established by 
the Department of Homeland Security for the alien as 
the Secretary may specify.
``(C) Retention of verification form and 
verification.--
``(i) In general.--After completion of such 
form in accordance with subparagraphs (A) and 
(B), the person or entity shall--
``(I) retain a paper, microfiche, 
microfilm, or electronic version of the 
form and make it available for 
inspection by officers of the 
Department of Homeland Security, the 
Department of Justice, or the 
Department of Labor during a period 
beginning on the date of the recruiting 
or referral of the individual, or, in 
the case of the hiring of an 
individual, the date on which the 
verification is completed, and ending--
``(aa) in the case of the 
recruiting or referral of an 
individual, 3 years after the 
date of the recruiting or 
referral; and
``(bb) in the case of the 
hiring of an individual, the 
later of 3 years after the date 
the verification is completed 
or one year after the date the 
individual's employment is 
terminated; and
``(II) during the verification 
period (as defined in subparagraph 
(E)), make an inquiry, as provided in 
subsection (d), using the verification 
system to seek verification of the 
identity and employment eligibility of 
an individual.
``(ii) Confirmation.--
``(I) Confirmation received.--If 
the person or other entity receives an 
appropriate confirmation of an 
individual's identity and work 
eligibility under the verification 
system within the time period 
specified, the person or entity shall 
record on the form an appropriate code 
that is provided under the system and 
that indicates a final confirmation of 
such identity and work eligibility of 
the individual.
``(II) Tentative nonconfirmation 
received.--If the person or other 
entity receives a tentative 
nonconfirmation of an individual's 
identity or work eligibility under the 
verification system within the time 
period specified, the person or entity 
shall so inform the individual for whom 
the verification is sought. If the 
individual does not contest the 
nonconfirmation within the time period 
specified, the nonconfirmation shall be 
considered final. The person or entity 
shall then record on the form an 
appropriate code which has been 
provided under the system to indicate a 
final nonconfirmation. If the 
individual does contest the 
nonconfirmation, the individual shall 
utilize the process for secondary 
verification provided under subsection 
(d). The nonconfirmation will remain 
tentative until a final confirmation or 
nonconfirmation is provided by the 
verification system within the time 
period specified. In no case shall an 
employer terminate employment of an 
individual because of a failure of the 
individual to have identity and work 
eligibility confirmed under this 
section until a nonconfirmation becomes 
final. Nothing in this clause shall 
apply to a termination of employment 
for any reason other than because of 
such a failure. In no case shall an 
employer rescind the offer of 
employment to an individual because of 
a failure of the individual to have 
identity and work eligibility confirmed 
under this subsection until a 
nonconfirmation becomes final. Nothing 
in this subclause shall apply to a 
recission of the offer of employment 
for any reason other than because of 
such a failure.
``(III) Final confirmation or 
nonconfirmation received.--If a final 
confirmation or nonconfirmation is 
provided by the verification system 
regarding an individual, the person or 
entity shall record on the form an 
appropriate code that is provided under 
the system and that indicates a 
confirmation or nonconfirmation of 
identity and work eligibility of the 
individual.
``(IV) Extension of time.--If the 
person or other entity in good faith 
attempts to make an inquiry during the 
time period specified and the 
verification system has registered that 
not all inquiries were received during 
such time, the person or entity may 
make an inquiry in the first subsequent 
working day in which the verification 
system registers that it has received 
all inquiries. If the verification 
system cannot receive inquiries at all 
times during a day, the person or 
entity merely has to assert that the 
entity attempted to make the inquiry on 
that day for the previous sentence to 
apply to such an inquiry, and does not 
have to provide any additional proof 
concerning such inquiry.
``(V) Consequences of 
nonconfirmation.--
``(aa) Termination or 
notification of continued 
employment.--If the person or 
other entity has received a 
final nonconfirmation regarding 
an individual, the person or 
entity may terminate employment 
of the individual (or decline 
to recruit or refer the 
individual). If the person or 
entity does not terminate 
employment of the individual or 
proceeds to recruit or refer 
the individual, the person or 
entity shall notify the 
Secretary of Homeland Security 
of such fact through the 
verification system or in such 
other manner as the Secretary 
may specify.
``(bb) Failure to notify.--
If the person or entity fails 
to provide notice with respect 
to an individual as required 
under item (aa), the failure is 
deemed to constitute a 
violation of subsection 
(a)(1)(A) with respect to that 
individual.
``(VI) Continued employment after 
final nonconfirmation.--If the person 
or other entity continues to employ (or 
to recruit or refer) an individual 
after receiving final nonconfirmation, 
a rebuttable presumption is created 
that the person or entity has violated 
subsection (a)(1)(A).
``(D) Effective dates of new procedures.--
``(i) Hiring.--Except as provided in clause 
(iii), the provisions of this paragraph shall 
apply to a person or other entity hiring an 
individual for employment in the United States 
as follows:
``(I) With respect to employers 
having 10,000 or more employees in the 
United States on the date of the 
enactment of the Legal Workforce Act, 
on the date that is 6 months after the 
date of the enactment of such Act.
``(II) With respect to employers 
having 500 or more employees in the 
United States, but less than 10,000 
employees in the United States, on the 
date of the enactment of the Legal 
Workforce Act, on the date that is 12 
months after the date of the enactment 
of such Act.
``(III) With respect to employers 
having 20 or more employees in the 
United States, but less than 500 
employees in the United States, on the 
date of the enactment of the Legal 
Workforce Act, on the date that is 18 
months after the date of the enactment 
of such Act.
``(IV) With respect to employers 
having one or more employees in the 
United States, but less than 20 
employees in the United States, on the 
date of the enactment of the Legal 
Workforce Act, on the date that is 24 
months after the date of the enactment 
of such Act.
``(ii) Recruiting and referring.--Except as 
provided in clause (iii), the provisions of 
this paragraph shall apply to a person or other 
entity recruiting or referring an individual 
for employment in the United States on the date 
that is 12 months after the date of the 
enactment of the Legal Workforce Act.
``(iii) Agricultural labor or services.--
With respect to an employee performing 
agricultural labor or services, this paragraph 
shall not apply with respect to the 
verification of the employee until the date 
that is 30 months after the date of the 
enactment of the Legal Workforce Act. For 
purposes of the preceding sentence, the term 
`agricultural labor or services' has the 
meaning given such term by the Secretary of 
Agriculture in regulations and includes 
agricultural labor as defined in section 
3121(g) of the Internal Revenue Code of 1986, 
agriculture as defined in section 3(f) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
203(f)), the handling, planting, drying, 
packing, packaging, processing, freezing, or 
grading prior to delivery for storage of any 
agricultural or horticultural commodity in its 
unmanufactured state, all activities required 
for the preparation, processing or 
manufacturing of a product of agriculture (as 
such term is defined in such section 3(f)) for 
further distribution, and activities similar to 
all the foregoing as they relate to fish or 
shellfish facilities. An employee described in 
this clause shall not be counted for purposes 
of clause (i).
``(iv) Extensions.--Upon request by an 
employer having 50 or fewer employees, the 
Secretary shall allow a one-time 6-month 
extension of the effective date set out in this 
subparagraph applicable to such employer. Such 
request shall be made to the Secretary and 
shall be made prior to such effective date.
``(v) Transition rule.--Subject to 
paragraph (4), the following shall apply to a 
person or other entity hiring, recruiting, or 
referring an individual for employment in the 
United States until the effective date or dates 
applicable under clauses (i) through (iii):
``(I) This subsection, as in effect 
before the enactment of the Legal 
Workforce Act.
``(II) Subtitle A of title IV of 
the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note), as in effect before 
the effective date in section 6107(c) 
of the Legal Workforce Act.
``(III) Any other provision of 
Federal law requiring the person or 
entity to participate in the E-Verify 
Program described in section 403(a) of 
the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note), as in effect before 
the effective date in section 6107(c) 
of the Legal Workforce Act, including 
Executive Order 13465 (8 U.S.C. 1324a 
note; relating to Government 
procurement).
``(E) Verification period defined.--
``(i) In general.--For purposes of this 
paragraph:
``(I) In the case of recruitment or 
referral, the term `verification 
period' means the period ending on the 
date recruiting or referring commences.
``(II) In the case of hiring, the 
term `verification period' means the 
period beginning on the date on which 
an offer of employment is extended and 
ending on the date that is three 
business days after the date of hire, 
except as provided in clause (iii). The 
offer of employment may be conditioned 
in accordance with clause (ii).
``(ii) Job offer may be conditional.--A 
person or other entity may offer a prospective 
employee an employment position that is 
conditioned on final verification of the 
identity and employment eligibility of the 
employee using the procedures established under 
this paragraph.
``(iii) Special rule.--Notwithstanding 
clause (i)(II), in the case of an alien who is 
authorized for employment and who provides 
evidence from the Social Security 
Administration that the alien has applied for a 
social security account number, the 
verification period ends three business days 
after the alien receives the social security 
account number.
``(2) Reverification for individuals with limited work 
authorization.--
``(A) In general.--Except as provided in 
subparagraph (B), a person or entity shall make an 
inquiry, as provided in subsection (d), using the 
verification system to seek reverification of the 
identity and employment eligibility of all individuals 
with a limited period of work authorization employed by 
the person or entity during the three business days 
after the date on which the employee's work 
authorization expires as follows:
``(i) With respect to employers having 
10,000 or more employees in the United States 
on the date of the enactment of the Legal 
Workforce Act, beginning on the date that is 6 
months after the date of the enactment of such 
Act.
``(ii) With respect to employers having 500 
or more employees in the United States, but 
less than 10,000 employees in the United 
States, on the date of the enactment of the 
Legal Workforce Act, beginning on the date that 
is 12 months after the date of the enactment of 
such Act.
``(iii) With respect to employers having 20 
or more employees in the United States, but 
less than 500 employees in the United States, 
on the date of the enactment of the Legal 
Workforce Act, beginning on the date that is 18 
months after the date of the enactment of such 
Act.
``(iv) With respect to employers having one 
or more employees in the United States, but 
less than 20 employees in the United States, on 
the date of the enactment of the Legal 
Workforce Act, beginning on the date that is 24 
months after the date of the enactment of such 
Act.
``(B) Agricultural labor or services.--With respect 
to an employee performing agricultural labor or 
services, or an employee recruited or referred by a 
farm labor contractor (as defined in section 3 of the 
Migrant and Seasonal Agricultural Worker Protection Act 
(29 U.S.C. 1801)), subparagraph (A) shall not apply 
with respect to the reverification of the employee 
until the date that is 30 months after the date of the 
enactment of the Legal Workforce Act. For purposes of 
the preceding sentence, the term `agricultural labor or 
services' has the meaning given such term by the 
Secretary of Agriculture in regulations and includes 
agricultural labor as defined in section 3121(g) of the 
Internal Revenue Code of 1986, agriculture as defined 
in section 3(f) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(f)), the handling, planting, drying, 
packing, packaging, processing, freezing, or grading 
prior to delivery for storage of any agricultural or 
horticultural commodity in its unmanufactured state, 
all activities required for the preparation, 
processing, or manufacturing of a product of 
agriculture (as such term is defined in such section 
3(f)) for further distribution, and activities similar 
to all the foregoing as they relate to fish or 
shellfish facilities. An employee described in this 
subparagraph shall not be counted for purposes of 
subparagraph (A).
``(C) Reverification.--Paragraph (1)(C)(ii) shall 
apply to reverifications pursuant to this paragraph on 
the same basis as it applies to verifications pursuant 
to paragraph (1), except that employers shall--
``(i) use a form designated or established 
by the Secretary by regulation for purposes of 
this paragraph; and
``(ii) retain a paper, microfiche, 
microfilm, or electronic version of the form 
and make it available for inspection by 
officers of the Department of Homeland 
Security, the Department of Justice, or the 
Department of Labor during the period beginning 
on the date the reverification commences and 
ending on the date that is the later of 3 years 
after the date of such reverification or 1 year 
after the date the individual's employment is 
terminated.
``(3) Previously hired individuals.--
``(A) On a mandatory basis for certain employees.--
``(i) In general.--Not later than the date 
that is 6 months after the date of the 
enactment of the Legal Workforce Act, an 
employer shall make an inquiry, as provided in 
subsection (d), using the verification system 
to seek verification of the identity and 
employment eligibility of any individual 
described in clause (ii) employed by the 
employer whose employment eligibility has not 
been verified under the E-Verify Program 
described in section 403(a) of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note).
``(ii) Individuals described.--An 
individual described in this clause is any of 
the following:
``(I) An employee of any unit of a 
Federal, State, or local government.
``(II) An employee who requires a 
Federal security clearance working in a 
Federal, State, or local government 
building, a military base, a nuclear 
energy site, a weapons site, or an 
airport or other facility that requires 
workers to carry a Transportation 
Worker Identification Credential 
(TWIC).
``(III) An employee assigned to 
perform work in the United States under 
a Federal contract, except that this 
subclause--
``(aa) is not applicable to 
individuals who have a 
clearance under Homeland 
Security Presidential Directive 
12 (HSPD 12 clearance), are 
administrative or overhead 
personnel, or are working 
solely on contracts that 
provide Commercial Off The 
Shelf goods or services as set 
forth by the Federal 
Acquisition Regulatory Council, 
unless they are subject to 
verification under subclause 
(II); and
``(bb) only applies to 
contracts over the simple 
acquisition threshold as 
defined in section 2.101 of 
title 48, Code of Federal 
Regulations.
``(B) On a mandatory basis for multiple users of 
same social security account number.--In the case of an 
employer who is required by this subsection to use the 
verification system described in subsection (d), or has 
elected voluntarily to use such system, the employer 
shall make inquiries to the system in accordance with 
the following:
``(i) The Commissioner of Social Security 
shall notify annually employees (at the 
employee address listed on the Wage and Tax 
Statement) who submit a social security account 
number to which more than one employer reports 
income and for which there is a pattern of 
unusual multiple use. The notification letter 
shall identify the number of employers to which 
income is being reported as well as sufficient 
information notifying the employee of the 
process to contact the Social Security 
Administration Fraud Hotline if the employee 
believes the employee's identity may have been 
stolen. The notice shall not share information 
protected as private, in order to avoid any 
recipient of the notice from being in the 
position to further commit or begin committing 
identity theft.
``(ii) If the person to whom the social 
security account number was issued by the 
Social Security Administration has been 
identified and confirmed by the Commissioner, 
and indicates that the social security account 
number was used without their knowledge, the 
Secretary and the Commissioner shall lock the 
social security account number for employment 
eligibility verification purposes and shall 
notify the employers of the individuals who 
wrongfully submitted the social security 
account number that the employee may not be 
work-eligible.
``(iii) Each employer receiving such 
notification of an incorrect social security 
account number under clause (ii) shall use the 
verification system described in subsection (d) 
to check the work eligibility status of the 
applicable employee within 10 business days of 
receipt of the notification.
``(C) On a voluntary basis.--Subject to paragraph 
(2), and subparagraphs (A) through (C) of this 
paragraph, beginning on the date that is 30 days after 
the date of the enactment of the Legal Workforce Act, 
an employer may make an inquiry, as provided in 
subsection (d), using the verification system to seek 
verification of the identity and employment eligibility 
of any individual employed by the employer. If an 
employer chooses voluntarily to seek verification of 
any individual employed by the employer, the employer 
shall seek verification of all individuals employed at 
the same geographic location or, at the option of the 
employer, all individuals employed within the same job 
category, as the employee with respect to whom the 
employer seeks voluntarily to use the verification 
system. An employer's decision about whether or not 
voluntarily to seek verification of its current 
workforce under this subparagraph may not be considered 
by any government agency in any proceeding, 
investigation, or review provided for in this Act.
``(D) Verification.--Paragraph (1)(C)(ii) shall 
apply to verifications pursuant to this paragraph on 
the same basis as it applies to verifications pursuant 
to paragraph (1), except that employers shall--
``(i) use a form designated or established 
by the Secretary by regulation for purposes of 
this paragraph; and
``(ii) retain a paper, microfiche, 
microfilm, or electronic version of the form 
and make it available for inspection by 
officers of the Department of Homeland 
Security, the Department of Justice, or the 
Department of Labor during the period beginning 
on the date the verification commences and 
ending on the date that is the later of 3 years 
after the date of such verification or 1 year 
after the date the individual's employment is 
terminated.
``(4) Early compliance.--
``(A) Former e-verify required users, including 
federal contractors.--Notwithstanding the deadlines in 
paragraphs (1) and (2), beginning on the date of the 
enactment of the Legal Workforce Act, the Secretary is 
authorized to commence requiring employers required to 
participate in the E-Verify Program described in 
section 403(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note), including employers required to participate in 
such program by reason of Federal acquisition laws (and 
regulations promulgated under those laws, including the 
Federal Acquisition Regulation), to commence compliance 
with the requirements of this subsection (and any 
additional requirements of such Federal acquisition 
laws and regulation) in lieu of any requirement to 
participate in the E-Verify Program.
``(B) Former e-verify voluntary users and others 
desiring early compliance.--Notwithstanding the 
deadlines in paragraphs (1) and (2), beginning on the 
date of the enactment of the Legal Workforce Act, the 
Secretary shall provide for the voluntary compliance 
with the requirements of this subsection by employers 
voluntarily electing to participate in the E-Verify 
Program described in section 403(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note) before such date, as well as 
by other employers seeking voluntary early compliance.
``(5) Copying of documentation permitted.--Notwithstanding 
any other provision of law, the person or entity may copy a 
document presented by an individual pursuant to this subsection 
and may retain the copy, but only (except as otherwise 
permitted under law) for the purpose of complying with the 
requirements of this subsection.
``(6) Limitation on use of forms.--A form designated or 
established by the Secretary of Homeland Security under this 
subsection and any information contained in or appended to such 
form, may not be used for purposes other than for enforcement 
of this Act and any other provision of Federal criminal law.
``(7) Good faith compliance.--
``(A) In general.--Except as otherwise provided in 
this subsection, a person or entity is considered to 
have complied with a requirement of this subsection 
notwithstanding a technical or procedural failure to 
meet such requirement if there was a good faith attempt 
to comply with the requirement.
``(B) Exception if failure to correct after 
notice.--Subparagraph (A) shall not apply if--
``(i) the failure is not de minimis;
``(ii) the Secretary of Homeland Security 
has explained to the person or entity the basis 
for the failure and why it is not de minimis;
``(iii) the person or entity has been 
provided a period of not less than 30 calendar 
days (beginning after the date of the 
explanation) within which to correct the 
failure; and
``(iv) the person or entity has not 
corrected the failure voluntarily within such 
period.
``(C) Exception for pattern or practice 
violators.--Subparagraph (A) shall not apply to a 
person or entity that has or is engaging in a pattern 
or practice of violations of subsection (a)(1)(A) or 
(a)(2).
``(8) Single extension of deadlines upon certification.--In 
a case in which the Secretary of Homeland Security has 
certified to the Congress that the employment eligibility 
verification system required under subsection (d) will not be 
fully operational by the date that is 6 months after the date 
of the enactment of the Legal Workforce Act, each deadline 
established under this section for an employer to make an 
inquiry using such system shall be extended by 6 months. No 
other extension of such a deadline shall be made except as 
authorized under paragraph (1)(D)(iv).''.
(b) Date of Hire.--Section 274A(h) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the 
following:
``(4) Definition of date of hire.--As used in this section, 
the term `date of hire' means the date of actual commencement 
of employment for wages or other remuneration, unless otherwise 
specified.''.

SEC. 1403. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)) is amended to read as follows:
``(d) Employment Eligibility Verification System.--
``(1) In general.--Patterned on the employment eligibility 
confirmation system established under section 404 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security 
shall establish and administer a verification system through 
which the Secretary (or a designee of the Secretary, which may 
be a nongovernmental entity)--
``(A) responds to inquiries made by persons at any 
time through a toll-free telephone line and other toll-
free electronic media concerning an individual's 
identity and whether the individual is authorized to be 
employed; and
``(B) maintains records of the inquiries that were 
made, of verifications provided (or not provided), and 
of the codes provided to inquirers as evidence of their 
compliance with their obligations under this section.
``(2) Initial response.--The verification system shall 
provide confirmation or a tentative nonconfirmation of an 
individual's identity and employment eligibility within 3 
working days of the initial inquiry. If providing confirmation 
or tentative nonconfirmation, the verification system shall 
provide an appropriate code indicating such confirmation or 
such nonconfirmation.
``(3) Secondary confirmation process in case of tentative 
nonconfirmation.--In cases of tentative nonconfirmation, the 
Secretary shall specify, in consultation with the Commissioner 
of Social Security, an available secondary verification process 
to confirm the validity of information provided and to provide 
a final confirmation or nonconfirmation not later than 10 
working days after the date on which the notice of the 
tentative nonconfirmation is received by the employee. The 
Secretary, in consultation with the Commissioner, may extend 
this deadline once on a case-by-case basis for a period of 10 
working days, and if the time is extended, shall document such 
extension within the verification system. The Secretary, in 
consultation with the Commissioner, shall notify the employee 
and employer of such extension. The Secretary, in consultation 
with the Commissioner, shall create a standard process of such 
extension and notification and shall make a description of such 
process available to the public. When final confirmation or 
nonconfirmation is provided, the verification system shall 
provide an appropriate code indicating such confirmation or 
nonconfirmation.
``(4) Design and operation of system.--The verification 
system shall be designed and operated--
``(A) to maximize its reliability and ease of use 
by persons and other entities consistent with 
insulating and protecting the privacy and security of 
the underlying information;
``(B) to respond to all inquiries made by such 
persons and entities on whether individuals are 
authorized to be employed and to register all times 
when such inquiries are not received;
``(C) with appropriate administrative, technical, 
and physical safeguards to prevent unauthorized 
disclosure of personal information;
``(D) to have reasonable safeguards against the 
system's resulting in unlawful discriminatory practices 
based on national origin or citizenship status, 
including--
``(i) the selective or unauthorized use of 
the system to verify eligibility; or
``(ii) the exclusion of certain individuals 
from consideration for employment as a result 
of a perceived likelihood that additional 
verification will be required, beyond what is 
required for most job applicants;
``(E) to maximize the prevention of identity theft 
use in the system; and
``(F) to limit the subjects of verification to the 
following individuals:
``(i) Individuals hired, referred, or 
recruited, in accordance with paragraph (1) or 
(4) of subsection (b).
``(ii) Employees and prospective employees, 
in accordance with paragraph (1), (2), (3), or 
(4) of subsection (b).
``(iii) Individuals seeking to confirm 
their own employment eligibility on a voluntary 
basis.
``(5) Responsibilities of commissioner of social 
security.--As part of the verification system, the Commissioner 
of Social Security, in consultation with the Secretary of 
Homeland Security (and any designee of the Secretary selected 
to establish and administer the verification system), shall 
establish a reliable, secure method, which, within the time 
periods specified under paragraphs (2) and (3), compares the 
name and social security account number provided in an inquiry 
against such information maintained by the Commissioner in 
order to validate (or not validate) the information provided 
regarding an individual whose identity and employment 
eligibility must be confirmed, the correspondence of the name 
and number, and whether the individual has presented a social 
security account number that is not valid for employment. The 
Commissioner shall not disclose or release social security 
information (other than such confirmation or nonconfirmation) 
under the verification system except as provided for in this 
section or section 205(c)(2)(I) of the Social Security Act.
``(6) Responsibilities of secretary of homeland security.--
As part of the verification system, the Secretary of Homeland 
Security (in consultation with any designee of the Secretary 
selected to establish and administer the verification system), 
shall establish a reliable, secure method, which, within the 
time periods specified under paragraphs (2) and (3), compares 
the name and alien identification or authorization number (or 
any other information as determined relevant by the Secretary) 
which are provided in an inquiry against such information 
maintained or accessed by the Secretary in order to validate 
(or not validate) the information provided, the correspondence 
of the name and number, whether the alien is authorized to be 
employed in the United States, or to the extent that the 
Secretary determines to be feasible and appropriate, whether 
the records available to the Secretary verify the identity or 
status of a national of the United States.
``(7) Updating information.--The Commissioner of Social 
Security and the Secretary of Homeland Security shall update 
their information in a manner that promotes the maximum 
accuracy and shall provide a process for the prompt correction 
of erroneous information, including instances in which it is 
brought to their attention in the secondary verification 
process described in paragraph (3).
``(8) Limitation on use of the verification system and any 
related systems.--
``(A) No national identification card.--Nothing in 
this section shall be construed to authorize, directly 
or indirectly, the issuance or use of national 
identification cards or the establishment of a national 
identification card.
``(B) Critical infrastructure.--The Secretary may 
authorize or direct any person or entity responsible 
for granting access to, protecting, securing, 
operating, administering, or regulating part of the 
critical infrastructure (as defined in section 1016(e) 
of the Critical Infrastructure Protection Act of 2001 
(42 U.S.C. 5195c(e))) to use the verification system to 
the extent the Secretary determines that such use will 
assist in the protection of the critical 
infrastructure.
``(9) Remedies.--If an individual alleges that the 
individual would not have been dismissed from a job but for an 
error of the verification mechanism, the individual may seek 
compensation only through the mechanism of the Federal Tort 
Claims Act, and injunctive relief to correct such error. No 
class action may be brought under this paragraph.''.

SEC. 1404. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.

(a) Additional Changes to Rules for Recruitment, Referral, and 
Continuation of Employment.--Section 274A(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(a)) is amended--
(1) in paragraph (1)(A), by striking ``for a fee'';
(2) in paragraph (1), by amending subparagraph (B) to read 
as follows:
``(B) to hire, continue to employ, or to recruit or 
refer for employment in the United States an individual 
without complying with the requirements of subsection 
(b).''; and
(3) in paragraph (2), by striking ``after hiring an alien 
for employment in accordance with paragraph (1),'' and 
inserting ``after complying with paragraph (1),''.
(b) Definition.--Section 274A(h) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)), as amended by section 1402(b) of this Act, is 
further amended by adding at the end the following:
``(5) Definition of recruit or refer.--As used in this 
section, the term `refer' means the act of sending or directing 
a person who is in the United States or transmitting 
documentation or information to another, directly or 
indirectly, with the intent of obtaining employment in the 
United States for such person. Only persons or entities 
referring for remuneration (whether on a retainer or 
contingency basis) are included in the definition, except that 
union hiring halls that refer union members or nonunion 
individuals who pay union membership dues are included in the 
definition whether or not they receive remuneration, as are 
labor service entities or labor service agencies, whether 
public, private, for-profit, or nonprofit, that refer, 
dispatch, or otherwise facilitate the hiring of laborers for 
any period of time by a third party. As used in this section, 
the term `recruit' means the act of soliciting a person who is 
in the United States, directly or indirectly, and referring the 
person to another with the intent of obtaining employment for 
that person. Only persons or entities referring for 
remuneration (whether on a retainer or contingency basis) are 
included in the definition, except that union hiring halls that 
refer union members or nonunion individuals who pay union 
membership dues are included in this definition whether or not 
they receive remuneration, as are labor service entities or 
labor service agencies, whether public, private, for-profit, or 
nonprofit that recruit, dispatch, or otherwise facilitate the 
hiring of laborers for any period of time by a third party.''.
(c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 1 year after the date of the enactment of 
this Act, except that the amendments made by subsection (a) shall take 
effect 6 months after the date of the enactment of this Act insofar as 
such amendments relate to continuation of employment.

SEC. 1405. GOOD FAITH DEFENSE.

Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(3)) is amended to read as follows:
``(3) Good faith defense.--
``(A) Defense.--An employer (or person or entity 
that hires, employs, recruits, or refers (as defined in 
subsection (h)(5)), or is otherwise obligated to comply 
with this section) who establishes that it has complied 
in good faith with the requirements of subsection (b)--
``(i) shall not be liable to a job 
applicant, an employee, the Federal Government, 
or a State or local government, under Federal, 
State, or local criminal or civil law for any 
employment-related action taken with respect to 
a job applicant or employee in good-faith 
reliance on information provided through the 
system established under subsection (d); and
``(ii) has established compliance with its 
obligations under subparagraphs (A) and (B) of 
paragraph (1) and subsection (b) absent a 
showing by the Secretary of Homeland Security, 
by clear and convincing evidence, that the 
employer had knowledge that an employee is an 
unauthorized alien.
``(B) Mitigation element.--For purposes of 
subparagraph (A)(i), if an employer proves by a 
preponderance of the evidence that the employer uses a 
reasonable, secure, and established technology to 
authenticate the identity of the new employee, that 
fact shall be taken into account for purposes of 
determining good faith use of the system established 
under subsection (d).
``(C) Failure to seek and obtain verification.--
Subject to the effective dates and other deadlines 
applicable under subsection (b), in the case of a 
person or entity in the United States that hires, or 
continues to employ, an individual, or recruits or 
refers an individual for employment, the following 
requirements apply:
``(i) Failure to seek verification.--
``(I) In general.--If the person or 
entity has not made an inquiry, under 
the mechanism established under 
subsection (d) and in accordance with 
the timeframes established under 
subsection (b), seeking verification of 
the identity and work eligibility of 
the individual, the defense under 
subparagraph (A) shall not be 
considered to apply with respect to any 
employment, except as provided in 
subclause (II).
``(II) Special rule for failure of 
verification mechanism.--If such a 
person or entity in good faith attempts 
to make an inquiry in order to qualify 
for the defense under subparagraph (A) 
and the verification mechanism has 
registered that not all inquiries were 
responded to during the relevant time, 
the person or entity can make an 
inquiry until the end of the first 
subsequent working day in which the 
verification mechanism registers no 
nonresponses and qualify for such 
defense.
``(ii) Failure to obtain verification.--If 
the person or entity has made the inquiry 
described in clause (i)(I) but has not received 
an appropriate verification of such identity 
and work eligibility under such mechanism 
within the time period specified under 
subsection (d)(2) after the time the 
verification inquiry was received, the defense 
under subparagraph (A) shall not be considered 
to apply with respect to any employment after 
the end of such time period.''.

SEC. 1406. PREEMPTION AND STATES' RIGHTS.

Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(2)) is amended to read as follows:
``(2) Preemption.--
``(A) Single, national policy.--The provisions of 
this section preempt any State or local law, ordinance, 
policy, or rule, including any criminal or civil fine 
or penalty structure, insofar as they may now or 
hereafter relate to the hiring, continued employment, 
or status verification for employment eligibility 
purposes, of unauthorized aliens.
``(B) State enforcement of federal law.--
``(i) Business licensing.--A State, 
locality, municipality, or political 
subdivision may exercise its authority over 
business licensing and similar laws as a 
penalty for failure to use the verification 
system described in subsection (d) to verify 
employment eligibility when and as required 
under subsection (b).
``(ii) General rules.--A State, at its own 
cost, may enforce the provisions of this 
section, but only insofar as such State follows 
the Federal regulations implementing this 
section, applies the Federal penalty structure 
set out in this section, and complies with all 
Federal rules and guidance concerning 
implementation of this section. Such State may 
collect any fines assessed under this section. 
An employer may not be subject to enforcement, 
including audit and investigation, by both a 
Federal agency and a State for the same 
violation under this section. Whichever entity, 
the Federal agency or the State, is first to 
initiate the enforcement action, has the right 
of first refusal to proceed with the 
enforcement action. The Secretary must provide 
copies of all guidance, training, and field 
instructions provided to Federal officials 
implementing the provisions of this section to 
each State.''.

SEC. 1407. REPEAL.

(a) In General.--Subtitle A of title IV of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is repealed.
(b) References.--Any reference in any Federal law, Executive order, 
rule, regulation, or delegation of authority, or any document of, or 
pertaining to, the Department of Homeland Security, Department of 
Justice, or the Social Security Administration, to the employment 
eligibility confirmation system established under section 404 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note) is deemed to refer to the employment eligibility 
confirmation system established under section 274A(d) of the 
Immigration and Nationality Act, as amended by section 1403 of this 
Act.
(c) Effective Date.--This section shall take effect on the date 
that is 30 months after the date of the enactment of this Act.
(d) Clerical Amendment.--The table of sections, in section 1(d) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996, is amended by striking the items relating to subtitle A of title 
IV.

SEC. 1408. PENALTIES.

Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
(1) in subsection (e)(1)--
(A) by striking ``Attorney General'' each place 
such term appears and inserting ``Secretary of Homeland 
Security''; and
(B) in subparagraph (D), by striking ``Service'' 
and inserting ``Department of Homeland Security'';
(2) in subsection (e)(4)--
(A) in subparagraph (A), in the matter before 
clause (i), by inserting ``, subject to paragraph 
(10),'' after ``in an amount'';
(B) in subparagraph (A)(i), by striking ``not less 
than $250 and not more than $2,000'' and inserting 
``not less than $2,500 and not more than $5,000'';
(C) in subparagraph (A)(ii), by striking ``not less 
than $2,000 and not more than $5,000'' and inserting 
``not less than $5,000 and not more than $10,000'';
(D) in subparagraph (A)(iii), by striking ``not 
less than $3,000 and not more than $10,000'' and 
inserting ``not less than $10,000 and not more than 
$25,000''; and
(E) by moving the margin of the continuation text 
following subparagraph (B) two ems to the left and by 
amending subparagraph (B) to read as follows:
``(B) may require the person or entity to take such 
other remedial action as is appropriate.'';
(3) in subsection (e)(5)--
(A) in the paragraph heading, strike ``paperwork'';
(B) by inserting ``, subject to paragraphs (10) 
through (12),'' after ``in an amount'';
(C) by striking ``$100'' and inserting ``$1,000'';
(D) by striking ``$1,000'' and inserting 
``$25,000''; and
(E) by adding at the end the following: ``Failure 
by a person or entity to utilize the employment 
eligibility verification system as required by law, or 
providing information to the system that the person or 
entity knows or reasonably believes to be false, shall 
be treated as a violation of subsection (a)(1)(A).'';
(4) by adding at the end of subsection (e) the following:
``(10) Exemption from penalty for good faith violation.--In 
the case of imposition of a civil penalty under paragraph 
(4)(A) with respect to a violation of subsection (a)(1)(A) or 
(a)(2) for hiring or continuation of employment or recruitment 
or referral by person or entity and in the case of imposition 
of a civil penalty under paragraph (5) for a violation of 
subsection (a)(1)(B) for hiring or recruitment or referral by a 
person or entity, the penalty otherwise imposed may be waived 
or reduced if the violator establishes that the violator acted 
in good faith.
``(11) Mitigation element.--For purposes of paragraph (4), 
the size of the business shall be taken into account when 
assessing the level of civil money penalty.
``(12) Authority to debar employers for certain 
violations.--
``(A) In general.--If a person or entity is 
determined by the Secretary of Homeland Security to be 
a repeat violator of paragraph (1)(A) or (2) of 
subsection (a), or is convicted of a crime under this 
section, such person or entity may be considered for 
debarment from the receipt of Federal contracts, 
grants, or cooperative agreements in accordance with 
the debarment standards and pursuant to the debarment 
procedures set forth in the Federal Acquisition 
Regulation.
``(B) Does not have contract, grant, agreement.--If 
the Secretary of Homeland Security or the Attorney 
General wishes to have a person or entity considered 
for debarment in accordance with this paragraph, and 
such a person or entity does not hold a Federal 
contract, grant, or cooperative agreement, the 
Secretary or Attorney General shall refer the matter to 
the Administrator of General Services to determine 
whether to list the person or entity on the List of 
Parties Excluded from Federal Procurement, and if so, 
for what duration and under what scope.
``(C) Has contract, grant, agreement.--If the 
Secretary of Homeland Security or the Attorney General 
wishes to have a person or entity considered for 
debarment in accordance with this paragraph, and such 
person or entity holds a Federal contract, grant, or 
cooperative agreement, the Secretary or Attorney 
General shall advise all agencies or departments 
holding a contract, grant, or cooperative agreement 
with the person or entity of the Government's interest 
in having the person or entity considered for 
debarment, and after soliciting and considering the 
views of all such agencies and departments, the 
Secretary or Attorney General may refer the matter to 
any appropriate lead agency to determine whether to 
list the person or entity on the List of Parties 
Excluded from Federal Procurement, and if so, for what 
duration and under what scope.
``(D) Review.--Any decision to debar a person or 
entity in accordance with this paragraph shall be 
reviewable pursuant to part 9.4 of the Federal 
Acquisition Regulation.
``(13) Office for state and local government complaints.--
The Secretary of Homeland Security shall establish an office--
``(A) to which State and local government agencies 
may submit information indicating potential violations 
of subsection (a), (b), or (g)(1) that were generated 
in the normal course of law enforcement or the normal 
course of other official activities in the State or 
locality;
``(B) that is required to indicate to the 
complaining State or local agency within five business 
days of the filing of such a complaint by identifying 
whether the Secretary will further investigate the 
information provided;
``(C) that is required to investigate those 
complaints filed by State or local government agencies 
that, on their face, have a substantial probability of 
validity;
``(D) that is required to notify the complaining 
State or local agency of the results of any such 
investigation conducted; and
``(E) that is required to report to the Congress 
annually the number of complaints received under this 
paragraph, the States and localities that filed such 
complaints, and the resolution of the complaints 
investigated by the Secretary.''; and
(5) by amending paragraph (1) of subsection (f) to read as 
follows:
``(1) Criminal penalty.--Any person or entity which engages 
in a pattern or practice of violations of subsection (a) (1) or 
(2) shall be fined not more than $5,000 for each unauthorized 
alien with respect to which such a violation occurs, imprisoned 
for not more than 18 months, or both, notwithstanding the 
provisions of any other Federal law relating to fine levels.''.

SEC. 1409. FRAUD AND MISUSE OF DOCUMENTS.

Section 1546(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``identification 
document,'' and inserting ``identification document or document 
meant to establish work authorization (including the documents 
described in section 274A(b) of the Immigration and Nationality 
Act),''; and
(2) in paragraph (2), by striking ``identification 
document'' and inserting ``identification document or document 
meant to establish work authorization (including the documents 
described in section 274A(b) of the Immigration and Nationality 
Act),''.

SEC. 1410. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.

(a) Funding Under Agreement.--Effective for not later than two 
years after the date of enactment of this Act, the Commissioner of 
Social Security and the Secretary of Homeland Security shall enter into 
and maintain an agreement which shall--
(1) provide funds to the Commissioner for the full costs of 
the responsibilities of the Commissioner under section 274A(d) 
of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as 
amended by section 1403 of this Act, including (but not limited 
to)--
(A) acquiring, installing, and maintaining 
technological equipment and systems necessary for the 
fulfillment of the responsibilities of the Commissioner 
under such section 274A(d), but only that portion of 
such costs that are attributable exclusively to such 
responsibilities; and
(B) responding to individuals who contest a 
tentative nonconfirmation provided by the employment 
eligibility verification system established under such 
section;
(2) provide such funds annually in advance of the 
applicable quarter based on estimating methodology agreed to by 
the Commissioner and the Secretary (except in such instances 
where the delayed enactment of an annual appropriation may 
preclude such quarterly payments); and
(3) require an annual accounting and reconciliation of the 
actual costs incurred and the funds provided under the 
agreement, which shall be reviewed by the Inspectors General of 
the Social Security Administration and the Department of 
Homeland Security.
(b) Continuation of Employment Verification in Absence of Timely 
Agreement.--In any case in which the agreement required under 
subsection (a) for any fiscal year beginning not later than two years 
after the date of enactment of this Act, has not been reached as of 
October 1 of such fiscal year, the latest agreement between the 
Commissioner and the Secretary of Homeland Security providing for 
funding to cover the costs of the responsibilities of the Commissioner 
under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)) shall be deemed in effect on an interim basis for such fiscal 
year until such time as an agreement required under subsection (a) is 
subsequently reached, except that the terms of such interim agreement 
shall be modified by the Director of the Office of Management and 
Budget to adjust for inflation and any increase or decrease in the 
volume of requests under the employment eligibility verification 
system. In any case in which an interim agreement applies for any 
fiscal year under this subsection, the Commissioner and the Secretary 
shall, not later than October 1 of such fiscal year, notify the 
Committee on Ways and Means, the Committee on the Judiciary, and the 
Committee on Appropriations of the House of Representatives and the 
Committee on Finance, the Committee on the Judiciary, and the Committee 
on Appropriations of the Senate of the failure to reach the agreement 
required under subsection (a) for such fiscal year. Until such time as 
the agreement required under subsection (a) has been reached for such 
fiscal year, the Commissioner and the Secretary shall, not later than 
the end of each 90-day period after October 1 of such fiscal year, 
notify such Committees of the status of negotiations between the 
Commissioner and the Secretary in order to reach such an agreement.

SEC. 1411. FRAUD PREVENTION.

(a) Blocking Misused Social Security Account Numbers.--The 
Secretary of Homeland Security, in consultation with the Commissioner 
of Social Security, shall establish a program in which social security 
account numbers that have been identified to be subject to unusual 
multiple use in the employment eligibility verification system 
established under section 274A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(d)), as amended by section 1403 of this Act, or 
that are otherwise suspected or determined to have been compromised by 
identity fraud or other misuse, shall be blocked from use for such 
system purposes unless the individual using such number is able to 
establish, through secure and fair additional security procedures, that 
the individual is the legitimate holder of the number.
(b) Allowing Suspension of Use of Certain Social Security Account 
Numbers.--The Secretary of Homeland Security, in consultation with the 
Commissioner of Social Security, shall establish a program which shall 
provide a reliable, secure method by which victims of identity fraud 
and other individuals may suspend or limit the use of their social 
security account number or other identifying information for purposes 
of the employment eligibility verification system established under 
section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)), as amended by section 1403 of this Act. The Secretary may 
implement the program on a limited pilot program basis before making it 
fully available to all individuals.
(c) Allowing Parents To Prevent Theft of Their Child's Identity.--
The Secretary of Homeland Security, in consultation with the 
Commissioner of Social Security, shall establish a program which shall 
provide a reliable, secure method by which parents or legal guardians 
may suspend or limit the use of the social security account number or 
other identifying information of a minor under their care for the 
purposes of the employment eligibility verification system established 
under 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)), as amended by section 1403 of this Act. The Secretary may 
implement the program on a limited pilot program basis before making it 
fully available to all individuals.

SEC. 1412. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO TOOL.

An employer who uses the photo matching tool used as part of the E-
Verify System shall match the photo tool photograph to both the 
photograph on the identity or employment eligibility document provided 
by the employee and to the face of the employee submitting the document 
for employment verification purposes.

SEC. 1413. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY VERIFICATION 
PILOT PROGRAMS.

Not later than 24 months after the date of the enactment of this 
Act, the Secretary of Homeland Security, after consultation with the 
Commissioner of Social Security and the Director of the National 
Institute of Standards and Technology, shall establish by regulation 
not less than 2 Identity Authentication Employment Eligibility 
Verification pilot programs, each using a separate and distinct 
technology (the ``Authentication Pilots''). The purpose of the 
Authentication Pilots shall be to provide for identity authentication 
and employment eligibility verification with respect to enrolled new 
employees which shall be available to any employer that elects to 
participate in either of the Authentication Pilots. Any participating 
employer may cancel the employer's participation in the Authentication 
Pilot after one year after electing to participate without prejudice to 
future participation. The Secretary shall report to the Committee on 
the Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate the Secretary's findings on the Authentication 
Pilots, including the authentication technologies chosen, not later 
than 12 months after commencement of the Authentication Pilots.

SEC. 1414. INSPECTOR GENERAL AUDITS.

(a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Inspector General of the Social Security 
Administration shall complete audits of the following categories in 
order to uncover evidence of individuals who are not authorized to work 
in the United States:
(1) Workers who dispute wages reported on their social 
security account number when they believe someone else has used 
such number and name to report wages.
(2) Children's social security account numbers used for 
work purposes.
(3) Employers whose workers present significant numbers of 
mismatched social security account numbers or names for wage 
reporting.
(b) Submission.--The Inspector General of the Social Security 
Administration shall submit the audits completed under subsection (a) 
to the Committee on Ways and Means of the House of Representatives and 
the Committee on Finance of the Senate for review of the evidence of 
individuals who are not authorized to work in the United States. The 
Chairmen of those Committees shall then determine information to be 
shared with the Secretary of Homeland Security so that such Secretary 
can investigate the unauthorized employment demonstrated by such 
evidence.

TITLE V--ASYLUM REFORM

SEC. 1501. HUMANITARIAN CAMPUSES.

Subtitle C of title IV of the Homeland Security Act of 2002 (6 
U.S.C. 231 et seq.) is amended by adding at the end the following:

``SEC. 437. HUMANITARIAN CAMPUSES.

``(a) In General.--Not later than 12 months after the effective 
date of this section, the Secretary shall establish not fewer than 3 
humanitarian campuses located in high traffic sectors of U.S. Border 
Patrol, as determined by the Secretary, along the southern border land 
border of the United States (referred to in this section as a 
`humanitarian campus').
``(b) Purpose.--
``(1) Processing and management.--The humanitarian campuses 
shall carry out processing and management activities for asylum 
seekers apprehended at the border, including--
``(A) criminal history checks;
``(B) identity verification;
``(C) biometrics collection and analysis;
``(D) medical screenings;
``(E) asylum interviews and credible fear 
determinations under section 235 of the Immigration and 
Nationality Act (8 U.S.C. 1225) and reasonable fear 
determinations under section 241(b)(3)(B) of that Act 
(8 U.S.C. 1231(b)(3)(B));
``(F) facilitating coordination and communication 
between Federal entities and nongovernmental 
organizations that are directly involved in providing 
assistance to aliens;
``(G) legal orientation programming and 
communication between aliens and outside legal counsel;
``(H) issuance of legal documents relating to 
immigration court proceedings of aliens; and
``(I) any other activity the Secretary considers 
appropriate.
``(2) Consideration of eligibility for additional forms of 
relief.--In conducting asylum interviews and credible fear 
determinations under section 235 of the Immigration and 
Nationality Act (8 U.S.C. 1225) and reasonable fear 
determinations under section 241(b)(3)(B) of that Act (8 U.S.C. 
1231(b)(3)(B)), the officer shall consider, in addition to 
whether the alien has a credible fear of persecution, whether 
the alien may be prima facie eligible for any other form of 
relief from removal, including--
``(A) withholding of removal under section 
241(b)(3) or any cause or claim under the United 
Nations Convention Against Torture and Other Forms of 
Cruel, Inhuman, or Degrading Treatment or Punishment;
``(B) status under subparagraph (T) or (U) of 
section 101(a)(15);
``(C) special immigrant juvenile status;
``(D) family reunification pursuant to an approved 
I-130 petition; and
``(E) any other basis for relief from removal under 
the immigration laws.
``(c) Personnel and Living Conditions.--The humanitarian campuses 
shall include--
``(1) personnel assigned from--
``(A) U.S. Customs and Border Protection;
``(B) U.S. Immigration and Customs Enforcement;
``(C) the Federal Emergency Management Agency;
``(D) U.S. Citizenship and Immigration Services; 
and
``(E) the Office of Refugee Resettlement;
``(2) upon agreement with an applicable Federal agency, 
personnel from such Federal agency who are assigned to the 
humanitarian campus;
``(3) sufficient medical staff, including physicians 
specializing in pediatric or family medicine, nurse 
practitioners, and physician assistants;
``(4) licensed social workers;
``(5) mental health professionals;
``(6) child advocates appointed by the Secretary of Health 
and Human Services under section 235(c)(6)(B) of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act 
of 2008 (8 U.S.C. 1232(c)(6)(B));
``(7) sufficient space to carry out the processing, 
management, and legal orientation activities described in 
subsection (b);
``(8) sufficient consumables, including toothbrushes, 
toothpaste, feminine hygiene products, other personal hygiene 
supplies, clothing, and baby products;
``(9) sufficient recreational space for children and 
families;
``(10) access to legal resources, including law books, that 
would permit an individual without legal counsel to prepare for 
an asylum hearing; and
``(11) sufficient visitation space for non-legal visits, as 
well as access to secure and confidential telephone and video 
teleconferencing facilities, for which they may not be charged 
a price higher than cost to operate.
``(d) Criminal History Checks.--Each criminal history check carried 
out under subsection (b)(1) shall be conducted using a set of 
fingerprints or other biometric identifier obtained from--
``(1) the Federal Bureau of Investigation;
``(2) the criminal history repositories of all States that 
the individual listed as a current or former residence; and
``(3) any other appropriate Federal or State database 
resource or repository, as determined by the Secretary.
``(e) Exceptions for Additional Purposes.--Subject to operational 
and spatial availability, in the event of a major disaster or emergency 
declared under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) or any homeland security crisis 
requiring the establishment of a departmental Joint Task Force under 
section 708(b), the Secretary may temporarily utilize a humanitarian 
campus to carry out operations relating to such declaration or crisis.
``(f) Donations.--The Department may accept donations from private 
entities, nongovernmental organizations, and other groups independent 
of the Federal Government for the care of children and family units at 
a humanitarian campus, including--
``(1) medical goods and services;
``(2) school supplies;
``(3) toys;
``(4) clothing; and
``(5) any other item intended to promote the well-being of 
such children and family units.
``(g) Access to Facilities for Private Entities and Nongovernmental 
Organizations.--
``(1) In general.--Private entities and nongovernmental 
organizations that are directly involved in providing 
humanitarian or legal assistance to families and individuals 
encountered by the Department along the southwest border of the 
United States, or organizations that provide assistance to 
individuals, shall have access to humanitarian campuses for 
purposes of--
``(A) legal orientation programming;
``(B) providing case management services or 
establishing case management services;
``(C) coordination with the Department with respect 
to the care of families and individuals held in 
humanitarian campuses, including the care of families 
and individuals who are released or scheduled to be 
released;
``(D) communication between aliens and outside 
legal counsel;
``(E) the provision of humanitarian assistance; and
``(F) any other purpose the Secretary considers 
appropriate.
``(2) Access plan.--Not later than 60 days after the date 
of the enactment of this section, the Secretary shall publish 
in the Federal Register procedures relating to access to 
humanitarian campuses under paragraph (1) that ensure--
``(A) the safety of personnel of, and aliens in, 
humanitarian campuses; and
``(B) the orderly management and operation of 
humanitarian campuses.
``(h) Legal Counsel.--Aliens in a humanitarian campus shall have 
access to legal counsel in accordance with section 292 of the 
Immigration and Nationality Act (8 U.S.C. 1362), including the 
opportunity to consult with counsel before any legally determinative 
aspect of the asylum process occurs.
``(i) Procedures To Facilitate Communication With Counsel.--The 
Secretary shall develop written procedures to permit aliens in a 
humanitarian campus to visit with, and make free confidential telephone 
calls to, legal representatives and legal services providers and to 
receive incoming calls from legal representatives and legal services 
providers, in a private and confidential space while in custody, for 
the purposes of retaining or consulting with counsel or obtaining legal 
advice from legal services providers.
``(j) Legal Orientation.--An alien in a humanitarian campus shall 
be provided the opportunity to receive a complete legal orientation 
presentation administered by a nongovernmental organization in 
cooperation with the Executive Office for Immigration Review.
``(k) Management of Humanitarian Campuses.--
``(1) Operation.--The Commissioner of U.S. Customs and 
Border Protection, in consultation with the interagency 
coordinating council established under paragraph (2), shall 
operate the humanitarian campuses.
``(2) Interagency coordinating committee.--
``(A) Establishment.--There is established an 
interagency coordinating committee for the purpose of 
coordinating operations and management of the 
humanitarian campuses.
``(B) Membership.--The interagency coordinating 
committee shall be chaired by the Commissioner of U.S. 
Customs and Border Protection, or his or her designee, 
and shall include representatives designated by the 
heads of the following agencies:
``(i) U.S. Immigration and Customs 
Enforcement.
``(ii) The Federal Emergency Management 
Agency.
``(iii) U.S. Citizenship and Immigration 
Services.
``(iv) The Office of Refugee Resettlement.
``(v) Any other agency that supplies 
personnel to the humanitarian campuses, upon 
agreement between the Commissioner of U.S. 
Customs and Border Protection and the head of 
such other agency.
``(C) Oversight.--The Department of Homeland 
Security Office of Inspector General shall--
``(i) conduct unannounced inspections of 
the humanitarian campuses at least twice per 
year; and
``(ii) on an annual basis, prepare and 
submit a report detailing compliance with 
subsection (g) that shall be posted on a public 
website.
``(l) Screening Timeline.--Absent exceptional circumstances, aliens 
shall undergo a complete full screening under this section not later 
than 15 days after being processed at the campus, including screening 
for gang, cartel, or criminal affiliation, legal orientation, and 
initial credible fear interview.''.

SEC. 1502. EXPEDITED ASYLUM DETERMINATIONS.

(a) In General.--Title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended by inserting after section 208 the 
following:

``SEC. 208A. PROCEDURES FOR EXPEDITED ASYLUM DETERMINATIONS.

``(a) In General.--In the case of any alien who enters the United 
States without lawful status after the date of enactment of this Act, 
the procedures described in this section shall apply.
``(b) Arrival Rest Period.--On arrival to a humanitarian campus an 
alien shall be provided a mandatory rest period for 72 hours after 
initial processing of the alien occurs.
``(c) Initial Screening.--The Secretary of Homeland Security shall 
ensure that an alien who is subject to this section shall undergo an 
initial screening within 15 days after arrival at a humanitarian 
campus, including ensuring that each asylum seeker is able to make 
contact with legal counsel within the first week of arrival, prior to 
sitting for a credible fear interview.
``(d) Secondary Screening.--In the case of aliens who successfully 
pass a credible fear interview, an asylum officer may triage cases and 
make final decisions on asylum cases within 45 days after an initial 
screening is completed under subsection (c). A secondary screening 
shall consist of the following:
``(1) In general.--
``(A) A positive credible fear interview shall be 
treated as an application for asylum, withholding of 
removal, and protection under the Convention Against 
Torture.
``(B) A positive reasonable fear interview shall be 
treated as an application for withholding of removal or 
protection under the Convention against Torture, 
whichever is relevant to the asylum officer's basis for 
finding a reasonable fear.
``(2) Purpose of secondary screening.--A two-person asylum 
officer panel conducting a secondary screening shall--
``(A) deny or approve the application for asylum; 
and
``(B) refer complex or uncertain asylum, 
withholding of removal, Convention Against Torture, or 
other cases in which an alien has been determined to be 
prima facie eligible for other forms of relief pursuant 
to section 437(b)(2) of this Act, to an immigration 
judge for a hearing under section 1229a of title 8, 
United States Code.
``(3) Secondary screening process.--
``(A) Conduct by asylum officers.--A secondary 
screening shall be conducted by a panel of two asylum 
officers at a humanitarian campus.
``(B) Secondary screening decision procedure.--
After conducting a secondary screening, the asylum 
officers shall each independently vote to approve the 
application, refer the application to an immigration 
judge as complex or uncertain, or deny the application.
``(i) If both asylum officers vote to 
approve the application, it shall be approved.
``(ii) If both asylum officers vote to deny 
the application, it shall be denied.
``(iii) If there is disagreement, or both 
asylum officers vote to refer the application 
to an immigration judge, the application shall 
be referred to an immigration judge for a 
hearing under section 1229a of title 8, United 
States Code.
``(C) Record of secondary screening.--The officers 
shall prepare a written record of a secondary screening 
under subparagraph (B). Such record shall include a 
summary of the material facts, as stated by the 
applicant, such additional facts (if any) relied upon 
by the officers, and each officer's analysis of why the 
alien has or has not established eligibility for 
asylum. A copy of each officer's screening notes shall 
be attached to the written summary.
``(D) Alien's rights in secondary screening.--In 
secondary screenings under this subsection, under 
regulations of the Secretary of Homeland Security--
``(i) the alien shall have the privilege of 
being represented, at no expense to the Federal 
Government, by counsel of the alien's choosing; 
and
``(ii) the alien shall have a reasonable 
opportunity to examine the evidence against the 
alien and to present evidence on the alien's 
own behalf.
``(4) Expedited appeal.--Any application for asylum of an 
alien that is denied under paragraph (3) shall be subject to 
expedited review upon request of the alien, not later than 7 
days after such denial, by a two-asylum officer panel 
consisting of asylum officers other than the asylum officers 
who denied such application.
``(A) Secondary screening expedited appeal 
procedure.--After reviewing the record of the secondary 
screening and any additional submission by the alien or 
the alien's representative, the asylum officers shall 
each independently vote whether to uphold the appeal or 
deny the appeal. If both asylum officers vote to uphold 
the appeal, the alien's application shall be approved. 
If both asylum officers vote to deny the application, 
the appeal shall be denied. If there is disagreement, 
the application shall be referred to an immigration 
judge for a hearing under section 1229a of title 8, 
United States Code.
``(B) Alien's rights in appeal procedure.--In any 
expedited appeal, the alien shall--
``(i) have the privilege of being 
represented, at no expense to the Federal 
Government, by counsel of the alien's choosing; 
and
``(ii) have a reasonable opportunity to 
submit evidence and make arguments as to why 
the decision made under paragraph (3) was 
incorrect.
``(5) Limited reviewability.--Any decision to deny or 
approve an application under this section may not be subject to 
judicial review, except as provided in paragraphs (4) and (5).
``(6) Additional review.--In any circumstance in which new 
evidence or law related to the applicant arises during 
consideration, or a fundamental change in country conditions 
arises during consideration, an additional review may be 
conducted by an asylum officer within 7 days after such new 
evidence or law arises, or country conditions change.
``(7) Vulnerable populations.--
``(A) In general.--An alien that is a member of a 
vulnerable population may request additional review.
``(B) Description.--A member of a vulnerable 
population includes any individual who is--
``(i) a pregnant woman or a nursing mother;
``(ii) a woman at disproportionate risk of 
sexual or gender-based violence, exploitation, 
or abuse;
``(iii) a person at risk of violence due to 
their sexual orientation;
``(iv) a person with a disability;
``(v) an elderly person;
``(vi) a person with urgent medical needs;
``(vii) a stateless person; and
``(viii) a person holding a valid 
humanitarian visa.
``(8) Additional review determinations.--An additional 
review conducted with respect to an alien meeting the 
requirements of paragraph (3) or (4) may uphold the previous 
determination or be referred to an immigration judge for a 
final decision.
``(9) Effect of denial.--Any alien who is denied asylum 
status under this subsection shall be subject to expedited 
removal under section 235.
``(e) Immigration Judge Referral.--If referred to an immigration 
judge, the following shall apply:
``(1) Court referral and case management.--In the case that 
an asylum officer refers a case to an immigration judge after a 
secondary or additional review, each alien subject to such 
referral shall receive a Notice to Appear and be permitted to 
leave the humanitarian campus. Each such alien shall be placed 
in a case management program.
``(2) Monitoring.--Each alien in case management shall 
check in regularly with case officers and be consistently 
monitored in a manner which ensures the Department of Homeland 
Security's ability to electronically verify each person's 
location.
``(3) Adult confirmation of location.--Any alien placed in 
case management who is an adult, parent, or legal guardian 
shall check in on a weekly basis using automated telephone 
technology that confirms the caller's identity and location.
``(4) Failure to comply.--Absent extraordinary 
circumstances, any alien who fails to comply with the case 
management requirements under this subsection shall be denied 
asylum and subject to expedited removal under section 235.
``(f) Humanitarian Campus.--In this section, the term `humanitarian 
campus' means the campus described in section 472 of the Homeland 
Security Act of 2002.''.
(b) Effective Date.--The amendment made by this section shall take 
effect as soon as practicable, but not later than 1 year after the date 
of enactment of this Act.

SEC. 1503. SCREENING AND PROCESSING IN WESTERN HEMISPHERE.

(a) In General.--There may be established up to 3 facilities in the 
Western hemisphere that shall offer asylum prescreening and family 
reunification services.
(b) Locations.--If facilities are established under subsection (a), 
they shall be in geographically diverse locations such as--
(1) in South America, south of the Darien Province in 
Panama;
(2) in Central America; or
(3) in a country that participates in the Caribbean Basin 
Security Initiative.
(c) Services Offered.--The facilities established under this 
section shall offer the following:
(1) Pre-screening for asylum eligibility.--Asylum officers 
shall offer asylum pre-screenings, which may be conducted 
virtually.
(2) Family re-unification.--The Secretary of Homeland 
Security shall develop an external family reunification process 
for unmarried sons and daughters under the age of 21 seeking to 
be reunited with any parent with legal status in the United 
States.
(3) Employment consultation and applications.--The 
Secretary of Homeland Security shall ensure that consultations 
are provided to aliens seeking to apply for legal work visas 
and assess other legal pathways to citizenship.
(4) Regional economic opportunities.--The Secretary of 
Homeland Security, in conjunction with the Secretary of State, 
shall ensure individuals are provided with regional economic 
opportunities in areas in close proximity to the facilities 
established under this section.
(d) Dominican Republic Family Reunification.--Not later than 30 
days after the date of the enactment of this Act, the Secretary of 
Homeland Security, in coordination with the Secretary of State, shall--
(1) initiate a Dominican Republic Family Reunification 
Program to process applications for parole for certain vetted 
individuals with already approved form I-130 petition for alien 
relative to be considered upon invitation, for parole, on a 
case by case basis, while they wait for their immigration visa; 
and
(2) prioritize applications described in paragraph (1) in 
the order in which they were received by the United States 
Citizenship and Immigration Services before the date of the 
enactment of this Act.
(e) Application of the Cuban Adjustment Act.--In applying the Cuban 
Adjustment Act (Public Law 89-732; 8 U.S.C. 1255 note), an alien who 
was released into the United States under an order of release on 
recognizance by U.S. Immigration and Customs Enforcement on or before 
January 31, 2023, shall be considered to have been paroled into the 
United States.

SEC. 1504. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.

(a) In General.--The Secretary of Homeland Security shall establish 
quality assurance procedures and take steps to effectively ensure that 
questions by employees of the Department of Homeland Security 
exercising expedited removal authority under section 235(b) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a 
uniform manner, to the extent possible, and that both these questions 
and the answers provided in response to them are recorded in a uniform 
fashion.
(b) Factors Relating to Sworn Statements.--Where practicable, any 
sworn or signed written statement taken of an alien as part of the 
record of a proceeding under section 235(b)(1)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a 
recording of the interview which served as the basis for that sworn 
statement.
(c) Interpreters.--The Secretary shall ensure that a fluent 
interpreter, not affiliated with the government of the country from 
which the alien may claim asylum, is used when the interviewing officer 
does not speak a language that the alien is fluent in speaking.
(d) Recordings in Immigration Proceedings.--There shall be an audio 
or audio visual recording of interviews of aliens subject to expedited 
removal. The recording shall be included in the record of proceeding 
and shall be considered as evidence in any further proceedings 
involving the alien.

SEC. 1505. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME 
COUNTRY.

(a) In General.--Section 208(c) of the Immigration and Nationality 
Act (8 U.S.C. 1158(c)) is amended by adding at the end the following 
new paragraph:
``(4) Renunciation of status pursuant to return to home 
country.--
``(A) In general.--Except as provided in 
subparagraphs (B) and (C), any alien who is granted 
asylum status under this Act, who, within 5 years after 
being granted such status, absent changed country 
conditions, subsequently returns to the country of such 
alien's nationality or, in the case of an alien having 
no nationality, returns to any country in which such 
alien last habitually resided, and who applied for such 
status because of persecution or a well-founded fear of 
persecution in that country on account of race, 
religion, nationality, membership in a particular 
social group, or political opinion, shall have his or 
her status terminated.
``(B) Waiver.--The Secretary has discretion to 
waive subparagraph (A) if it is established to the 
satisfaction of the Secretary that the alien had a 
compelling reason for the return. The waiver may be 
sought prior to departure from the United States or 
upon return.
``(C) Lawful permanent residents.--Subparagraph (A) 
shall not apply to lawful permanent residents.''.
(b) Conforming Amendment.--Section 208(c)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after 
``paragraph (2)'' the following: ``or (4)''.

SEC. 1506. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

(a) In General.--Section 208(d)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting 
``the Secretary of Homeland Security or'' before ``the Attorney 
General'';
(2) in subparagraph (A), by striking ``and of the 
consequences, under paragraph (6), of knowingly filing a 
frivolous application for asylum; and'' and inserting a 
semicolon;
(3) in subparagraph (B), by striking the period and 
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the 
asylum application advising the alien of the 
consequences of filing a frivolous application and 
serving as notice to the alien of the consequence of 
filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the'' 
and all that follows and inserting:
``(A) If the Attorney General determines that an 
alien has knowingly made a frivolous application for 
asylum and the alien has received the notice under 
paragraph (4)(C), the alien shall be permanently 
ineligible for any benefits under this chapter, 
effective as the date of the final determination of 
such an application.
``(B) An application is frivolous if the Secretary 
of Homeland Security or the Attorney General 
determines, consistent with subparagraph (C), that any 
of the material elements are knowingly fabricated.
``(C) In determining that an application is 
frivolous, the Secretary or the Attorney General, must 
be satisfied that the applicant, during the course of 
the proceedings, has had sufficient opportunity to 
clarify any discrepancies or implausible aspects of the 
claim.
``(D) For purposes of this section, a finding that 
an alien filed a frivolous asylum application shall not 
preclude the alien from seeking withholding of removal 
under section 241(b)(3) or protection pursuant to the 
Convention Against Torture.''.

SEC. 1507. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.

(a) Asylum Credibility Determinations.--Section 208(b)(1)(B)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is 
amended by inserting after ``all relevant factors'' the following: ``, 
including statements made to, and investigative reports prepared by, 
immigration authorities and other government officials''.
(b) Relief for Removal Credibility Determinations.--Section 
240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 
1229a(c)(4)(C)) is amended by inserting after ``all relevant factors'' 
the following: ``, including statements made to, and investigative 
reports prepared by, immigration authorities and other government 
officials''.

SEC. 1508. PENALTIES FOR ASYLUM FRAUD.

Section 1001 of title 18, United States Code, is amended by 
inserting at the end of the paragraph--
``(d) Whoever, in any matter before the Secretary of Homeland 
Security or the Attorney General pertaining to asylum under section 208 
of the Immigration and Nationality Act or withholding of removal under 
section 241(b)(3) of such Act, knowingly and willfully--
``(1) makes any materially false, fictitious, or fraudulent 
statement or representation; or
``(2) makes or uses any false writings or document knowing 
the same to contain any materially false, fictitious, or 
fraudulent statement or entry,
shall be fined under this title or imprisoned not more than 10 years, 
or both.''.

SEC. 1509. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

Section 3291 of title 18, United States Code, is amended--
(1) by striking ``1544,'' and inserting ``1544, and section 
1546,''; and
(2) by striking ``offense.'' and inserting ``offense or 
within 10 years after the fraud is discovered.''.

SEC. 1510. STANDARD OPERATING PROCEDURES; FACILITIES STANDARDS.

(a) Standard Operating Procedures.--Section 411(k)(1) of the 
Homeland Security Act of 2002 (6 U.S.C. 211(k)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E)(iv), by striking the period at the 
end and inserting ``; and''; and
(3) by adding at the end the following:
``(F) standard operating procedures regarding the 
detection, interdiction, inspection, processing, or 
transferring of alien children that officers and agents 
of U.S. Customs and Border Protection shall employ in 
the execution of their duties.''.
(b) Facilities Standards.--
(1) Initial review and update.--Not later than 270 days 
after the date of the enactment of this Act, the Secretary 
shall review and update the regulations under part 115 of title 
6, Code of Federal Regulations, that set standards to prevent, 
detect, and respond to sexual abuse and assault in immigration 
holding facilities and other facilities under the jurisdiction 
of the Department of Homeland Security.
(2) Quadrennial review.--The Secretary shall review and 
update the regulations referred to in paragraph (1) not less 
frequently than once every 4 years.
(c) Oversight.--The Department of Homeland Security may not prevent 
any of the following persons from entering, for the purpose of 
conducting oversight, any migration holding facility operated by or for 
the Department of Homeland Security used to house aliens or asylum 
seekers, or to make any temporary modification at any such facility 
that in any way alters what is observed by a visiting Member of 
Congress or such designated employee, compared to what would be 
observed in the absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of 
Representatives or the United States Senate designated by such 
a Member for the purposes of this section.
(d) Visitation.--Nothing in this section may be construed to 
require a Member of Congress to provide prior notice of the intent to 
enter a facility described in subsection (m) for the purpose of 
conducting oversight.
(e) Prior Notice.--With respect to individuals described in 
subsection (c)(2), the Department of Homeland Security may require that 
a request be made at least 24 hours in advance of an intent to enter a 
facility described in subsection (c).
(f) Online Locator Updates.--U.S. Immigrations and Customs 
Enforcement shall update the Online Detainee Locator System not later 
than every 24 hours.
(g) Family Notification.--
(1) Upon taking an individual into custody, U.S. 
Immigration and Customs Enforcement shall notify an immediate 
family member, relative, or individual designated by the 
detainee and provide the location of the facility where the 
detainee is currently held, as well as provide notification if 
the individual will be transferred to a facility, whether in 
the same State or in a different State.
(2) An individual detained in U.S. Immigration and Customs 
Enforcement custody shall be provided the opportunity to call 
an immediate family member, relative, or individual designated 
by the detainee prior to being transferred to a different 
facility, and upon arrival at a facility, whether in the same 
State or in a different State.

SEC. 1511. CRIMINAL BACKGROUND CHECKS FOR SPONSORS OF UNACCOMPANIED 
ALIEN CHILDREN.

(a) In General.--Section 235(c)(3) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(c)(3)) is amended--
(1) in subparagraph (A), in the first sentence, by striking 
``subparagraph (B)'' and inserting ``subparagraphs (B) and 
(C)'';
(2) by redesignating subparagraphs (B) and (C) as 
subparagraphs (C) and (D), respectively;
(3) by inserting after subparagraph (A) the following:
``(B) Criminal background checks.--
``(i) In general.--Before placing an 
unaccompanied alien child with an individual, 
the Secretary of Health and Human Services 
shall--
``(I) conduct a criminal history 
background check on the individual and 
each adult member of the individual's 
household; and
``(II) collect biometric samples in 
connection with any such background 
check.
``(ii) Scope.--
``(I) In general.--Each biometric 
criminal history background check 
required under clause (i) shall be 
conducted through--
``(aa) the Federal Bureau 
of Investigation;
``(bb) criminal history 
repositories of each State the 
individual lists as a current 
or former residence; and
``(cc) any other Federal or 
State database or repository 
the Secretary of Health and 
Human Services considers 
appropriate.
``(II) Use of rapid dna 
instruments.--DNA analysis of a DNA 
sample collected under subclause (I) 
may be carried out with Rapid DNA 
instruments (as defined in section 3(c) 
of the DNA Analysis Backlog Elimination 
Act of 2000 (34 U.S.C. 40702(c))).
``(III) Limitation on use of 
biometric samples.--The Secretary of 
Health and Human Services may not 
release a fingerprint or DNA sample 
collected, or disclose the results of a 
fingerprint or DNA analysis conducted 
under this subparagraph, or any other 
information obtained pursuant to this 
section, to the Department of Homeland 
Security for any immigration 
enforcement purpose.
``(IV) Access to information 
through the department of homeland 
security.--Not later than 14 days after 
receiving a request from the Secretary 
of Health and Human Services, the 
Secretary of Homeland Security shall 
provide information necessary to 
conduct suitability assessments from 
appropriate Federal, State, and local 
law enforcement and immigration 
databases.
``(iii) Prohibition on placement with 
individuals convicted of certain offenses.--The 
Secretary of Health and Human Services may not 
place an unaccompanied alien child in the 
custody or household of an individual who has 
been convicted of, or is currently being tried 
for--
``(I) a sex offense (as defined in 
section 111 of the Sex Offender 
Registration and Notification Act (34 
U.S.C. 20911));
``(II) a crime involving severe 
forms of trafficking in persons (as 
defined in section 103 of the 
Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7102));
``(III) a crime of domestic 
violence (as defined in section 
40002(a) of the Violence Against Women 
Act (34 U.S.C. 12291(a)));
``(IV) a crime of child abuse and 
neglect (as defined in section 3 of the 
Child Abuse Prevention and Treatment 
Act (Public Law 93-247; 42 U.S.C. 5101 
note));
``(V) murder, manslaughter, or an 
attempt to commit murder or 
manslaughter (within the meanings of 
such terms in sections 1111, 1112, and 
1113 of title 18, United States Code); 
or
``(VI) a crime involving receipt, 
distribution, or possession of a visual 
depiction of a minor engaging in 
sexually explicit conduct (within the 
meanings of such terms in section 2252 
of title 18, United States Code).''; 
and
(4) by adding at the end the following:
``(E) Well-being follow-up calls.--Not later than 
30 days after the date on which an unaccompanied alien 
child is released from the custody of the Secretary of 
Health and Human Services, and every 60 days thereafter 
until the date on which a final decision has been 
issued in the removal proceedings of the child or such 
proceedings are terminated, or the unaccompanied alien 
child turns 18 years of age, the Secretary shall 
conduct a follow-up telephone call with the 
unaccompanied alien child and the child's custodian or 
the primary point of contact for any other entity with 
which the child was placed.
``(F) Change of address.--The Secretary of Health 
and Human Services shall--
``(i) require each custodian with whom an 
unaccompanied alien child is placed under this 
subsection to notify the Secretary with respect 
to any change in the unaccompanied alien 
child's physical or mailing address, including 
any situation in which the unaccompanied alien 
child permanently departs the custodian's 
residence, not later than 7 days after the date 
on which such change or departure occurs; and
``(ii) develop and implement a system that 
permits custodians to submit notifications 
electronically with respect to a change of 
address.''.
(b) Collection and Compilation of Statistical Information.--Section 
462(b)(1)(K) of the Homeland Security Act of 2002 (6 U.S.C. 
279(b)(1)(K)) is amended by striking ``; and'' and inserting ``, 
including--
``(i) the average length of time from 
apprehension to the child's master calendar 
hearing, organized by the fiscal year in which 
the children were apprehended by U.S. Customs 
and Border Protection;
``(ii) the number of children identified 
under clause (i) who did and did not appear at 
master calendar hearings, including the 
percentage of children in each category who 
were represented by counsel;
``(iii) the average length of time from 
apprehension to the child's merits hearing, 
organized by the fiscal year in which the 
children were apprehended by U.S. Customs and 
Border Protection;
``(iv) the number of children identified 
under clause (i) who did and did not appear at 
merits hearings, including the percentage of 
children in each category who are represented 
by counsel; and
``(v) the total number of well-being 
follow-up calls conducted under section 235 of 
the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 
U.S.C. 1232(c)(3)(E)) at each time interval 
following placement with a custodian or other 
entity, and the number of children that the 
Secretary of Health and Human Services is 
unable to contact at each interval, organized 
by the fiscal year in which the children were 
apprehended by U.S. Customs and Border 
Protection; and''.
(c) Clarification.--Unaccompanied alien children shall be processed 
and reunited with their sponsors in the United States in accordance 
with guidance outlined in the stipulated settlement agreement filed in 
the United States District Court for the Central District of California 
on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores 
settlement agreement'').

SEC. 1512. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY OF 
UNACCOMPANIED ALIEN CHILDREN.

(a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1041. Fraud in connection with the transfer of custody of 
unaccompanied alien children
``(a) In General.--It shall be unlawful for a person to obtain 
custody of an unaccompanied alien child (as defined in section 462(g) 
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)))--
``(1) by making any materially false, fictitious, or 
fraudulent statement or representation; or
``(2) by making or using any false writing or document with 
the knowledge that such writing or document contains any 
materially false, fictitious, or fraudulent statement or entry.
``(b) Penalties.--
``(1) In general.--Any person who violates, or attempts or 
conspires to violate, subsection (a) shall be fined under this 
title and imprisoned for not less than 1 year.
``(2) Enhanced penalty for trafficking.--If the primary 
purpose of a violation, attempted violation, or conspiracy to 
violate this section was to subject the child to sexually 
explicit activity or any other form of exploitation, the 
offender shall be fined under this title and imprisoned for not 
less than 15 years.''.
(b) Clerical Amendment.--The chapter analysis for chapter 47 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1041. Fraud in connection with the transfer of custody of 
unaccompanied alien children.''.

SEC. 1513. HIRING AUTHORITY.

The Director of U.S. Citizenship and Immigration Services shall 
hire, train, and assign not fewer than 300 asylum officers to assist in 
expedited asylum determinations at humanitarian campuses established 
under section 1501.

SEC. 1514. HUMANITARIAN STATUS.

Section 101(a)(15)(U) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(U)) is amended--
(1) in subparagraph (U)(iii), by striking ``or'' at the 
end;
(2) in subparagraph (V)(ii)(II), by striking the period and 
inserting ``; or''; and
(3) by adding at the end the following:
``(W) an alien who is prima facie eligible for 
asylum based on overwhelming evidence during an asylum 
prescreening at a facility in the Western hemisphere, 
except that the number of aliens admitted under this 
status, or otherwise provided such status, may not 
exceed the number of refugees authorized to enter 
during a fiscal year.''.

SEC. 1515. TWO STRIKE POLICY.

(a) In General.--Section 208 of the Immigration and Nationality Act 
is amended by adding at the end the following:
``(f) Entry at an Unauthorized Location.--
``(1) Logging unlawful entry.--Any alien who fails to enter 
the United States at a designated port of entry shall be logged 
by an agent biometrically and informed by such agent that 
applications for asylum may only be made at a designated port 
of entry.
``(2) Subsequent entry.--Any alien who fails to enter the 
United States at a designated port of entry after being logged 
under paragraph (1) shall be subject to the expedited removal 
process under section 235.''.
(b) Effective Date.--The amendments made by this section shall take 
effect 30 days after the date of enactment of this Act.

SEC. 1516. LOAN FORGIVENESS FOR LEGAL SERVICE PROVIDERS AT HUMANITARIAN 
CAMPUSES.

Subtitle C of title IV of the Homeland Security Act of 2002 (6 
U.S.C. 231 et seq.), as amended by section 1501 of this Act, is amended 
by adding at the end the following:

``SEC. 438. LOAN FORGIVENESS FOR LEGAL SERVICE PROVIDERS AT 
HUMANITARIAN CAMPUSES.

``(a) Program Authorized.--
``(1) Loan forgiveness authorized.--The Secretary, in 
coordination with the Secretary of Education, shall forgive, in 
accordance with this section, the qualified loan amount 
described in subsection (b) of the eligible student loan 
obligation of a borrower who--
``(A) has attended an accredited law school at an 
institution of higher education (as defined in section 
102 of the Higher Education Act of 1965) and obtained a 
Juris Doctor degree;
``(B) has completed not less than four years of 
full-time employment as an attorney providing legal 
services at a humanitarian campus established under 
section 437(a); and
``(C) is not in default on a loan for which the 
borrower seeks forgiveness.
``(2) Method of loan forgiveness.--To provide loan 
forgiveness under paragraph (1), the Secretary, in coordination 
with the Secretary of Education, is authorized to carry out a 
program--
``(A) through the holder of the loan, to assume the 
obligation to repay a qualified loan amount for a loan 
made, insured, or guaranteed under part B of the Higher 
Education Act of 1965 (other than an excepted PLUS loan 
or an excepted consolidation loan (as such terms are 
defined in section 493C(a) of such Act of 1965)); and
``(B) to cancel a qualified loan amount for a loan 
made under part D or E of such Act of 1965 (other than 
an excepted PLUS loan or an excepted consolidation loan 
(as such terms are defined in section 493C(a) of such 
Act of 1965)).
``(3) Regulations.--The Secretary is authorized to issue 
such regulations as may be necessary to carry out this section.
``(b) Qualified Loans Amount.--
``(1) Amount of forgiveness.--The Secretary shall forgive 
75 percent of the eligible student loan obligation of a 
borrower described in subsection (a)(1) that is outstanding 
after the completion of the fourth year of employment described 
in such paragraph.
``(2) Eligible student loan obligation.--The term `eligible 
student loan obligation' has the meaning given the term 
`student loan' in section 428L of the Higher Education Act of 
1965, except that only the portion of such a student loan that 
is attributable to the borrower's study of law and attainment 
of a Juris Doctor degree (and not to undergraduate study or 
other courses of study) shall be included when calculating the 
outstanding eligible student loan obligation of a borrower for 
purposes of paragraph (1).
``(c) Construction.--Nothing in this section shall be construed to 
authorize any refunding of any repayment of a loan.''.

DIVISION B--DIGNITY AND AMERICAN DREAM

TITLE I--DREAM ACT

SEC. 2101. SHORT TITLE.

This title may be cited as the ``Dream Act''.

SEC. 2102. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN 
LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS 
CHILDREN.

(a) Conditional Basis for Status.--Notwithstanding any other 
provision of law, and except as provided in section 2104(c)(2), an 
alien shall be considered, at the time of obtaining the status of an 
alien lawfully admitted for permanent residence under this section, to 
have obtained such status on a conditional basis subject to the 
provisions of this title.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of 
law, the Secretary or the Attorney General shall adjust to the 
status of an alien lawfully admitted for permanent residence on 
a conditional basis, or without the conditional basis as 
provided in section 2104(c)(2), an alien who is inadmissible or 
deportable from the United States, is subject to a grant of 
Deferred Enforced Departure, has temporary protected status 
under section 244 of the Immigration and Nationality Act (8 
U.S.C. 1254a), or is the son or daughter of an alien admitted 
as a nonimmigrant under subparagraph (E)(i), (E)(ii), 
(H)(i)(b), or (L) of section 101(a)(15) of such Act (8 U.S.C. 
1101(a)(15)) if--
(A) the alien has been continuously physically 
present in the United States since January 1, 2021;
(B) the alien was 18 years of age or younger on the 
date on which the alien entered the United States and 
has continuously resided in the United States since 
such entry;
(C) the alien--
(i) subject to paragraph (2), is not 
inadmissible under paragraph (1), (6)(E), 
(6)(G), (8), or (10) of section 212(a) of the 
Immigration and Nationality Act (8 U.S.C. 
1182(a));
(ii) has not ordered, incited, assisted, or 
otherwise participated in the persecution of 
any person on account of race, religion, 
nationality, membership in a particular social 
group, or political opinion; and
(iii) is not barred from adjustment of 
status under this title based on the criminal 
and national security grounds described under 
subsection (c), subject to the provisions of 
such subsection; and
(D) the alien--
(i) has been admitted to an institution of 
higher education;
(ii) has been admitted to an area career 
and technical education school at the 
postsecondary level;
(iii) in the United States, has obtained--
(I) a high school diploma or a 
commensurate alternative award from a 
public or private high school;
(II) a General Education 
Development credential, a high school 
equivalency diploma recognized under 
State law, or another similar State-
authorized credential;
(III) a credential or certificate 
from an area career and technical 
education school at the secondary 
level; or
(IV) a recognized postsecondary 
credential; or
(iv) is enrolled in secondary school or in 
an education program assisting students in--
(I) obtaining a high school diploma 
or its recognized equivalent under 
State law;
(II) passing the General Education 
Development test, a high school 
equivalence diploma examination, or 
other similar State-authorized exam;
(III) obtaining a certificate or 
credential from an area career and 
technical education school providing 
education at the secondary level; or
(IV) obtaining a recognized 
postsecondary credential.
(2) Waiver of grounds of inadmissibility.--With respect to 
any benefit under this title, and in addition to the waivers 
under subsection (c)(2), the Secretary may waive the grounds of 
inadmissibility under paragraph (1), (6)(E), (6)(G), or (10)(D) 
of section 212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)) for humanitarian purposes, for family unity, or 
because the waiver is otherwise in the public interest.
(3) Application fee.--
(A) In general.--The Secretary may require an alien 
applying under this section to pay a reasonable fee 
that is commensurate with the cost of processing the 
application but does not exceed $1,140.
(B) Special procedures for applicants with daca.--
The Secretary shall establish a streamlined procedure 
for aliens who have been granted DACA and who meet the 
requirements for renewal (under the terms of the 
program in effect on January 1, 2017) to apply for 
adjustment of status to that of an alien lawfully 
admitted for permanent residence on a conditional basis 
under this section, or without the conditional basis as 
provided in section 2104(c)(2).
(4) Background checks.--The Secretary may not grant an 
alien permanent resident status on a conditional basis under 
this section until the requirements of section 2202 are 
satisfied.
(5) Military selective service.--An alien applying for 
permanent resident status on a conditional basis under this 
section, or without the conditional basis as provided in 
section 2104(c)(2), shall establish that the alien has 
registered under the Military Selective Service Act (50 U.S.C. 
3801 et seq.), if the alien is subject to registration under 
such Act.
(c) Criminal and National Security Bars.--
(1) Grounds of ineligibility.--Except as provided in 
paragraph (2), an alien is ineligible for adjustment of status 
under this title (whether on a conditional basis or without the 
conditional basis as provided in section 2104(c)(2)) if any of 
the following apply:
(A) The alien is inadmissible under paragraph (2) 
or (3) of section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)).
(B) Excluding any offense under State law for which 
an essential element is the alien's immigration status, 
and any minor traffic offense, the alien has been 
convicted of--
(i) any felony offense;
(ii) two or more misdemeanor offenses 
(excluding simple possession of cannabis or 
cannabis-related paraphernalia, any offense 
involving cannabis or cannabis-related 
paraphernalia which is no longer prosecutable 
in the State in which the conviction was 
entered, and any offense involving civil 
disobedience without violence) not occurring on 
the same date, and not arising out of the same 
act, omission, or scheme of misconduct; or
(iii) a misdemeanor offense of domestic 
violence, unless the alien demonstrates that 
such crime is related to the alien having 
been--
(I) a victim of domestic violence, 
sexual assault, stalking, child abuse 
or neglect, abuse or neglect in later 
life, or human trafficking;
(II) battered or subjected to 
extreme cruelty; or
(III) a victim of criminal activity 
described in section 101(a)(15)(U)(iii) 
of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(U)(iii)).
(2) Waivers for certain misdemeanors.--For humanitarian 
purposes, family unity, or if otherwise in the public interest, 
the Secretary may--
(A) waive the grounds of inadmissibility under 
subparagraphs (A), (C), and (D) of section 212(a)(2) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)), unless the conviction forming the basis 
for inadmissibility would otherwise render the alien 
ineligible under paragraph (1)(B) (subject to 
subparagraph (B)); and
(B) for purposes of clauses (ii) and (iii) of 
paragraph (1)(B), waive consideration of--
(i) one misdemeanor offense if the alien 
has not been convicted of any offense in the 5-
year period preceding the date on which the 
alien applies for adjustment of status under 
this title; or
(ii) up to two misdemeanor offenses if the 
alien has not been convicted of any offense in 
the 10-year period preceding the date on which 
the alien applies for adjustment of status 
under this title.
(3) Authority to conduct secondary review.--
(A) In general.--Notwithstanding an alien's 
eligibility for adjustment of status under this title, 
and subject to the procedures described in this 
paragraph, the Secretary may, as a matter of non-
delegable discretion, provisionally deny an application 
for adjustment of status (whether on a conditional 
basis or without the conditional basis as provided in 
section 2104(c)(2)) if the Secretary, based on clear 
and convincing evidence, which shall include credible 
law enforcement information, determines that the alien 
is described in subparagraph (B) or (D).
(B) Public safety.--An alien is described in this 
subparagraph if--
(i) excluding simple possession of cannabis 
or cannabis-related paraphernalia, any offense 
involving cannabis or cannabis-related 
paraphernalia which is no longer prosecutable 
in the State in which the conviction was 
entered, any offense under State law for which 
an essential element is the alien's immigration 
status, any offense involving civil 
disobedience without violence, and any minor 
traffic offense, the alien--
(I) has been convicted of a 
misdemeanor offense punishable by a 
term of imprisonment of more than 30 
days; or
(II) has been adjudicated 
delinquent in a State or local juvenile 
court proceeding that resulted in a 
disposition ordering placement in a 
secure facility; and
(ii) the alien poses a significant and 
continuing threat to public safety related to 
such conviction or adjudication.
(C) Public safety determination.--For purposes of 
subparagraph (B)(ii), the Secretary shall consider the 
recency of the conviction or adjudication; the length 
of any imposed sentence or placement; the nature and 
seriousness of the conviction or adjudication, 
including whether the elements of the offense include 
the unlawful possession or use of a deadly weapon to 
commit an offense or other conduct intended to cause 
serious bodily injury; and any mitigating factors 
pertaining to the alien's role in the commission of the 
offense.
(D) Gang participation.--An alien is described in 
this subparagraph if the alien has, within the 5 years 
immediately preceding the date of the application, 
knowingly, willfully, and voluntarily participated in 
offenses committed by a criminal street gang (as 
described in subsections (a) and (c) of section 521 of 
title 18, United States Code) with the intent to 
promote or further the commission of such offenses.
(E) Evidentiary limitation.--For purposes of 
subparagraph (D), allegations of gang membership 
obtained from a State or Federal in-house or local 
database, or a network of databases used for the 
purpose of recording and sharing activities of alleged 
gang members across law enforcement agencies, shall not 
establish the participation described in such 
paragraph.
(F) Notice.--
(i) In general.--Prior to rendering a 
discretionary decision under this paragraph, 
the Secretary shall provide written notice of 
the intent to provisionally deny the 
application to the alien (or the alien's 
counsel of record, if any) by certified mail 
and, if an electronic mail address is provided, 
by electronic mail (or other form of electronic 
communication). Such notice shall--
(I) articulate with specificity all 
grounds for the preliminary 
determination, including the evidence 
relied upon to support the 
determination; and
(II) provide the alien with not 
less than 90 days to respond.
(ii) Second notice.--Not more than 30 days 
after the issuance of the notice under clause 
(i), the Secretary shall provide a second 
written notice that meets the requirements of 
such clause.
(iii) Notice not received.--Notwithstanding 
any other provision of law, if an applicant 
provides good cause for not contesting a 
provisional denial under this paragraph, 
including a failure to receive notice as 
required under this subparagraph, the Secretary 
shall, upon a motion filed by the alien, reopen 
an application for adjustment of status under 
this title and allow the applicant an 
opportunity to respond, consistent with clause 
(i)(II).
(G) Judicial review of a provisional denial.--
(i) In general.--Notwithstanding any other 
provision of law, if, after notice and the 
opportunity to respond under subparagraph (F), 
the Secretary provisionally denies an 
application for adjustment of status under this 
Act, the alien shall have 60 days from the date 
of the Secretary's determination to seek review 
of such determination in an appropriate United 
States district court.
(ii) Scope of review and decision.--
Notwithstanding any other provision of law, 
review under paragraph (1) shall be de novo and 
based solely on the administrative record, 
except that the applicant shall be given the 
opportunity to supplement the administrative 
record and the Secretary shall be given the 
opportunity to rebut the evidence and arguments 
raised in such submission. Upon issuing its 
decision, the court shall remand the matter, 
with appropriate instructions, to the 
Department of Homeland Security to render a 
final decision on the application.
(4) Definitions.--For purposes of this Act--
(A) the term ``felony offense'' means an offense 
under Federal or State law that is punishable by a 
maximum term of imprisonment of more than 1 year;
(B) the term ``misdemeanor offense'' means an 
offense under Federal or State law that is punishable 
by a term of imprisonment of more than 5 days but not 
more than 1 year; and
(C) the term ``crime of domestic violence'' means 
any offense that has as an element the use, attempted 
use, or threatened use of physical force against a 
person committed by a current or former spouse of the 
person, by an individual with whom the person shares a 
child in common, by an individual who is cohabiting 
with or has cohabited with the person as a spouse, by 
an individual similarly situated to a spouse of the 
person under the domestic or family violence laws of 
the jurisdiction where the offense occurs, or by any 
other individual against a person who is protected from 
that individual's acts under the domestic or family 
violence laws of the United States or any State, Indian 
Tribal government, or unit of local government.
(d) Limitation on Removal of Certain Alien Minors.--An alien who is 
18 years of age or younger and meets the requirements under 
subparagraphs (A), (B), and (C) of subsection (b)(1) shall be provided 
a reasonable opportunity to meet the educational requirements under 
subparagraph (D) of such subsection. The Attorney General or the 
Secretary may not commence or continue with removal proceedings against 
such an alien.
(e) Withdrawal of Application.--The Secretary shall, upon receipt 
of a request to withdraw an application for adjustment of status under 
this section, cease processing of the application, and close the case. 
Withdrawal of the application under this subsection shall not prejudice 
any future application filed by the applicant for any immigration 
benefit under this title or under the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.).

SEC. 2103. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS.

(a) Period of Status.--Permanent resident status on a conditional 
basis is--
(1) valid for a period of 10 years, unless such period is 
extended by the Secretary; and
(2) subject to revocation under subsection (c).
(b) Notice of Requirements.--At the time an alien obtains permanent 
resident status on a conditional basis, the Secretary shall provide 
notice to the alien regarding the provisions of this title and the 
requirements to have the conditional basis of such status removed.
(c) Revocation of Status.--The Secretary may revoke the permanent 
resident status on a conditional basis of an alien only if the 
Secretary--
(1) determines that the alien ceases to meet the 
requirements under section 2102(b)(1)(C); and
(2) prior to the revocation, provides the alien--
(A) notice of the proposed revocation; and
(B) the opportunity for a hearing to provide 
evidence that the alien meets such requirements or 
otherwise to contest the proposed revocation.
(d) Return to Previous Immigration Status.--An alien whose 
permanent resident status on a conditional basis expires under 
subsection (a)(1) or is revoked under subsection (c), shall return to 
the immigration status that the alien had immediately before receiving 
permanent resident status on a conditional basis.

SEC. 2104. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.

(a) Eligibility for Removal of Conditional Basis.--
(1) In general.--Subject to paragraph (2), the Secretary 
shall remove the conditional basis of an alien's permanent 
resident status granted under this title and grant the alien 
status as an alien lawfully admitted for permanent residence if 
the alien--
(A) is described in section 2102(b)(1)(C);
(B) has not abandoned the alien's residence in the 
United States during the period in which the alien has 
permanent resident status on a conditional basis; and
(C)(i) has obtained a degree from an institution of 
higher education or a recognized postsecondary 
credential from an area career and technical education 
school providing education at the postsecondary level;
(ii) has served in the Uniformed Services for at 
least 3 years and, if discharged, received an honorable 
discharge; or
(iii) demonstrates earned income for periods 
totaling at least 4 years and at least 75 percent of 
the time that the alien has had a valid employment 
authorization.
(2) Hardship exception.--The Secretary shall remove the 
conditional basis of an alien's permanent resident status and 
grant the alien status as an alien lawfully admitted for 
permanent residence if the alien--
(A) satisfies the requirements under subparagraphs 
(A) and (B) of paragraph (1);
(B) demonstrates compelling circumstances for the 
inability to satisfy the requirements under 
subparagraph (C) of such paragraph; and
(C) demonstrates that--
(i) the alien has a disability;
(ii) the alien is a full-time caregiver; or
(iii) the removal of the alien from the 
United States would result in hardship to the 
alien or the alien's spouse, parent, or child 
who is a national of the United States or is 
lawfully admitted for permanent residence.
(3) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph 
(B), the conditional basis of an alien's permanent 
resident status granted under this title may not be 
removed unless the alien demonstrates that the alien 
satisfies the requirements under section 312(a) of the 
Immigration and Nationality Act (8 U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to 
an alien who is unable to meet the requirements under 
such section 312(a) due to disability.
(4) Application fee.--The Secretary may require aliens 
applying for removal of the conditional basis of an alien's 
permanent resident status under this section to pay a 
reasonable fee that is commensurate with the cost of processing 
the application.
(5) Background checks.--The Secretary may not remove the 
conditional basis of an alien's permanent resident status until 
the requirements of section 2202 are satisfied.
(b) Treatment for Purposes of Naturalization.--
(1) In general.--For purposes of title III of the 
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
alien granted permanent resident status on a conditional basis 
shall be considered to have been admitted to the United States, 
and be present in the United States, as an alien lawfully 
admitted for permanent residence.
(2) Limitation on application for naturalization.--An alien 
may not apply for naturalization while the alien is in 
permanent resident status on a conditional basis.
(c) Timing of Approval of Lawful Permanent Resident Status.--
(1) In general.--An alien granted permanent resident status 
on a conditional basis under this title may apply to have such 
conditional basis removed at any time after such alien has met 
the eligibility requirements set forth in subsection (a).
(2) Approval with regard to initial applications.--
(A) In general.--Notwithstanding any other 
provision of law, the Secretary or the Attorney General 
shall adjust to the status of an alien lawfully 
admitted for permanent resident status without 
conditional basis, any alien who--
(i) demonstrates eligibility for lawful 
permanent residence status on a conditional 
basis under section 2102(b); and
(ii) subject to the exceptions described in 
subsections (a)(2) and (a)(3)(B) of this 
section, already has fulfilled the requirements 
of paragraphs (1) and (3) of subsection (a) of 
this section at the time such alien first 
submits an application for benefits under this 
title.
(B) Background checks.--Subsection (a)(5) shall 
apply to an alien seeking lawful permanent resident 
status without conditional basis in an initial 
application in the same manner as it applies to an 
alien seeking removal of the conditional basis of an 
alien's permanent resident status. Section 2102(b)(4) 
shall not be construed to require the Secretary to 
conduct more than one identical security or law 
enforcement background check on such an alien.
(C) Application fees.--In the case of an alien 
seeking lawful permanent resident status without 
conditional basis in an initial application, the alien 
shall pay the fee required under subsection (a)(4), but 
shall not be required to pay the application fee under 
section 2102(b)(3).

TITLE II--GENERAL PROVISIONS

SEC. 2201. DEFINITIONS.

(a) In General.--In this division:
(1) In general.--Except as otherwise specifically provided, 
any term used in this division that is used in the immigration 
laws shall have the meaning given such term in the immigration 
laws.
(2) Appropriate united states district court.--The term 
``appropriate United States district court'' means the United 
States District Court for the District of Columbia or the 
United States district court with jurisdiction over the alien's 
principal place of residence.
(3) Area career and technical education school.--The term 
``area career and technical education school'' has the meaning 
given such term in section 3 of the Carl D. Perkins Career and 
Technical Education Act of 2006 (20 U.S.C. 2302).
(4) DACA.--The term ``DACA'' means deferred action granted 
to an alien pursuant to the Deferred Action for Childhood 
Arrivals policy announced by the Secretary of Homeland Security 
on June 15, 2012.
(5) Disability.--The term ``disability'' has the meaning 
given such term in section 3(1) of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(6) High school; secondary school.--The terms ``high 
school'' and ``secondary school'' have the meanings given such 
terms in section 8101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801).
(7) Immigration laws.--The term ``immigration laws'' has 
the meaning given such term in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(8) Institution of higher education.--The term 
``institution of higher education''--
(A) except as provided in subparagraph (B), has the 
meaning given such term in section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002); and
(B) does not include an institution of higher 
education outside of the United States.
(9) Recognized postsecondary credential.--The term 
``recognized postsecondary credential'' has the meaning given 
such term in section 3 of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3102).
(10) Secretary.--Except as otherwise specifically provided, 
the term ``Secretary'' means the Secretary of Homeland 
Security.
(11) Uniformed services.--The term ``Uniformed Services'' 
has the meaning given the term ``uniformed services'' in 
section 101(a) of title 10, United States Code.
(b) Treatment of Expunged Convictions.--For purposes of adjustment 
of status under this division, the terms ``convicted'' and 
``conviction'', as used in this division and in sections 212 and 244 of 
the Immigration and Nationality Act (8 U.S.C. 1182, 1254a), do not 
include a judgment that has been expunged or set aside, that resulted 
in a rehabilitative disposition, or the equivalent.

SEC. 2202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; BACKGROUND 
CHECKS.

(a) Submission of Biometric and Biographic Data.--The Secretary may 
not grant an alien adjustment of status under this division, on either 
a conditional or permanent basis, unless the alien submits biometric 
and biographic data, in accordance with procedures established by the 
Secretary. The Secretary shall provide an alternative procedure for 
aliens who are unable to provide such biometric or biographic data 
because of a physical impairment.
(b) Background Checks.--The Secretary shall use biometric, 
biographic, and other data that the Secretary determines appropriate to 
conduct security and law enforcement background checks and to determine 
whether there is any criminal, national security, or other factor that 
would render the alien ineligible for adjustment of status under this 
division, on either a conditional or permanent basis. The status of an 
alien may not be adjusted, on either a conditional or permanent basis, 
unless security and law enforcement background checks are completed to 
the satisfaction of the Secretary.

SEC. 2203. LIMITATION ON REMOVAL AND OTHER CONDITIONS ON ELIGIBLE 
INDIVIDUALS.

(a) Limitation on Removal.--An alien who appears to be prima facie 
eligible for relief under this division shall be given a reasonable 
opportunity to apply for such relief and may not be removed until, 
subject to section 2206(c)(2), a final decision establishing 
ineligibility for relief is rendered.
(b) Application.--An alien present in the United States who has 
been ordered removed or has been permitted to depart voluntarily from 
the United States may, notwithstanding such order or permission to 
depart, apply for adjustment of status under this division. Such alien 
shall not be required to file a separate motion to reopen, reconsider, 
or vacate the order of removal. If the Secretary approves the 
application, the Secretary shall cancel the order of removal. If the 
Secretary renders a final administrative decision to deny the 
application, the order of removal or permission to depart shall be 
effective and enforceable to the same extent as if the application had 
not been made, only after all available administrative and judicial 
remedies have been exhausted.
(c) Advance Parole.--During the period beginning on the date on 
which an alien applies for adjustment of status under this division and 
ending on the date on which the Secretary makes a final decision 
regarding such application, the alien shall be eligible to apply for 
advance parole. Section 101(g) of the Immigration and Nationality Act 
(8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole 
under this Act.
(d) Employment.--An alien whose removal is stayed pursuant to this 
division, who may not be placed in removal proceedings pursuant to this 
division, or who has pending an application under this division, shall, 
upon application to the Secretary, be granted an employment 
authorization document.

SEC. 2204. DETERMINATION OF CONTINUOUS PRESENCE AND RESIDENCE.

(a) Effect of Notice To Appear.--Any period of continuous physical 
presence or continuous residence in the United States of an alien who 
applies for permanent resident status under this division (whether on a 
conditional basis or without the conditional basis as provided in 
section 2104(c)(2)) shall not terminate when the alien is served a 
notice to appear under section 239(a) of the Immigration and 
Nationality Act (8 U.S.C. 1229(a)).
(b) Treatment of Certain Breaks in Presence or Residence.--
(1) In general.--Except as provided in paragraphs (2) and 
(3), an alien shall be considered to have failed to maintain--
(A) continuous physical presence in the United 
States under this division if the alien has departed 
from the United States for any period exceeding 90 days 
or for any periods, in the aggregate, exceeding 180 
days; and
(B) continuous residence in the United States under 
this division if the alien has departed from the United 
States for any period exceeding 180 days, unless the 
alien establishes to the satisfaction of the Secretary 
of Homeland Security that the alien did not in fact 
abandon residence in the United States during such 
period.
(2) Extensions for extenuating circumstances.--The 
Secretary may extend the time periods described in paragraph 
(1) for an alien who demonstrates that the failure to timely 
return to the United States was due to extenuating 
circumstances beyond the alien's control, including--
(A) the serious illness of the alien;
(B) death or serious illness of a parent, 
grandparent, sibling, or child of the alien;
(C) processing delays associated with the 
application process for a visa or other travel 
document; or
(D) restrictions on international travel due to the 
public health emergency declared by the Secretary of 
Health and Human Services under section 3119 of the 
Public Health Service Act (42 U.S.C. 247d) with respect 
to COVID-19.
(3) Travel authorized by the secretary.--Any period of 
travel outside of the United States by an alien that was 
authorized by the Secretary may not be counted toward any 
period of departure from the United States under paragraph (1).
(c) Waiver of Physical Presence.--With respect to aliens who were 
removed or departed the United States on or after January 20, 2017, and 
who were continuously physically present in the United States for at 
least 5 years prior to such removal or departure, the Secretary may, as 
a matter of discretion, waive the physical presence requirement under 
section 2102(b)(1)(A) or section 2302(1)(A) for humanitarian purposes, 
for family unity, or because a waiver is otherwise in the public 
interest. The Secretary, in consultation with the Secretary of State, 
shall establish a procedure for such aliens to apply for relief under 
section 2102 or 2302 from outside the United States if they would have 
been eligible for relief under such section, but for their removal or 
departure.

SEC. 2205. EXEMPTION FROM NUMERICAL LIMITATIONS.

Nothing in this division or in any other law may be construed to 
apply a numerical limitation on the number of aliens who may be granted 
permanent resident status under this division (whether on a conditional 
basis, or without the conditional basis as provided in section 
2104(c)(2)).

SEC. 2206. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW.

(a) Administrative Review.--Not later than 30 days after the date 
of the enactment of this Act, the Secretary shall provide to aliens who 
have applied for adjustment of status under this division a process by 
which an applicant may seek administrative appellate review of a denial 
of an application for adjustment of status, or a revocation of such 
status.
(b) Judicial Review.--Except as provided in subsection (c), and 
notwithstanding any other provision of law, an alien may seek judicial 
review of a denial of an application for adjustment of status, or a 
revocation of such status, under this division in an appropriate United 
States district court.
(c) Stay of Removal.--
(1) In general.--Except as provided in paragraph (2), an 
alien seeking administrative or judicial review under this 
division may not be removed from the United States until a 
final decision is rendered establishing that the alien is 
ineligible for adjustment of status under this Act.
(2) Exception.--The Secretary may remove an alien described 
in paragraph (1) pending judicial review if such removal is 
based on criminal or national security grounds described in 
this division. Such removal shall not affect the alien's right 
to judicial review under this division. The Secretary shall 
promptly return a removed alien if a decision to deny an 
application for adjustment of status under this division, or to 
revoke such status, is reversed.

SEC. 2207. DOCUMENTATION REQUIREMENTS.

(a) Documents Establishing Identity.--An alien's application for 
permanent resident status under this division (whether on a conditional 
basis, or without the conditional basis as provided in section 
2104(c)(2)) may include, as evidence of identity, the following:
(1) A passport or national identity document from the 
alien's country of origin that includes the alien's name and 
the alien's photograph or fingerprint.
(2) The alien's birth certificate and an identity card that 
includes the alien's name and photograph.
(3) A school identification card that includes the alien's 
name and photograph, and school records showing the alien's 
name and that the alien is or was enrolled at the school.
(4) A Uniformed Services identification card issued by the 
Department of Defense.
(5) Any immigration or other document issued by the United 
States Government bearing the alien's name and photograph.
(6) A State-issued identification card bearing the alien's 
name and photograph.
(7) Any other evidence determined to be credible by the 
Secretary.
(b) Documents Establishing Entry, Continuous Physical Presence, 
Lack of Abandonment of Residence.--To establish that an alien was 18 
years of age or younger on the date on which the alien entered the 
United States, and has continuously resided in the United States since 
such entry, as required under section 2102(b)(1)(B), that an alien has 
been continuously physically present in the United States, as required 
under section 2102(b)(1)(A), or that an alien has not abandoned 
residence in the United States, as required under section 
2104(a)(1)(B), the alien may submit the following forms of evidence:
(1) Passport entries, including admission stamps on the 
alien's passport.
(2) Any document from the Department of Justice or the 
Department of Homeland Security noting the alien's date of 
entry into the United States.
(3) Records from any educational institution the alien has 
attended in the United States.
(4) Employment records of the alien that include the 
employer's name and contact information, or other records 
demonstrating earned income.
(5) Records of service from the Uniformed Services.
(6) Official records from a religious entity confirming the 
alien's participation in a religious ceremony.
(7) A birth certificate for a child who was born in the 
United States.
(8) Hospital or medical records showing medical treatment 
or hospitalization, the name of the medical facility or 
physician, and the date of the treatment or hospitalization.
(9) Automobile license receipts or registration.
(10) Deeds, mortgages, or rental agreement contracts.
(11) Rent receipts or utility bills bearing the alien's 
name or the name of an immediate family member of the alien, 
and the alien's address.
(12) Tax receipts.
(13) Insurance policies.
(14) Remittance records, including copies of money order 
receipts sent in or out of the country.
(15) Travel records.
(16) Dated bank transactions.
(17) Two or more sworn affidavits from individuals who are 
not related to the alien who have direct knowledge of the 
alien's continuous physical presence in the United States, that 
contain--
(A) the name, address, and telephone number of the 
affiant; and
(B) the nature and duration of the relationship 
between the affiant and the alien.
(18) Any other evidence determined to be credible by the 
Secretary.
(c) Documents Establishing Admission to an Institution of Higher 
Education.--To establish that an alien has been admitted to an 
institution of higher education, the alien may submit to the Secretary 
a document from the institution of higher education certifying that the 
alien--
(1) has been admitted to the institution; or
(2) is currently enrolled in the institution as a student.
(d) Documents Establishing Receipt of a Degree From an Institution 
of Higher Education.--To establish that an alien has acquired a degree 
from an institution of higher education in the United States, the alien 
may submit to the Secretary a diploma or other document from the 
institution stating that the alien has received such a degree.
(e) Documents Establishing Receipt of a High School Diploma, 
General Educational Development Credential, or a Recognized 
Equivalent.--To establish that in the United States an alien has earned 
a high school diploma or a commensurate alternative award from a public 
or private high school, has obtained the General Education Development 
credential, or otherwise has satisfied section 2102(b)(1)(D)(iii), the 
alien may submit to the Secretary the following:
(1) A high school diploma, certificate of completion, or 
other alternate award.
(2) A high school equivalency diploma or certificate 
recognized under State law.
(3) Evidence that the alien passed a State-authorized exam, 
including the General Education Development test, in the United 
States.
(4) Evidence that the alien successfully completed an area 
career and technical education program, such as a 
certification, certificate, or similar alternate award.
(5) Evidence that the alien obtained a recognized 
postsecondary credential.
(6) Any other evidence determined to be credible by the 
Secretary.
(f) Documents Establishing Enrollment in an Educational Program.--
To establish that an alien is enrolled in any school or education 
program described in section 2102(b)(1)(D)(iv) or 2104(a)(1)(C), the 
alien may submit school records from the United States school that the 
alien is currently attending that include--
(1) the name of the school; and
(2) the alien's name, periods of attendance, and current 
grade or educational level.
(g) Documents Establishing Exemption From Application Fees.--To 
establish that an alien is exempt from an application fee under this 
division, the alien may submit to the Secretary the following relevant 
documents:
(1) Documents to establish age.--To establish that an alien 
meets an age requirement, the alien may provide proof of 
identity, as described in subsection (a), that establishes that 
the alien is 18 years of age or younger.
(2) Documents to establish income.--To establish the 
alien's income, the alien may provide--
(A) employment records or other records of earned 
income, including records that have been maintained by 
the Social Security Administration, the Internal 
Revenue Service, or any other Federal, State, or local 
government agency;
(B) bank records; or
(C) at least two sworn affidavits from individuals 
who are not related to the alien and who have direct 
knowledge of the alien's work and income that contain--
(i) the name, address, and telephone number 
of the affiant; and
(ii) the nature and duration of the 
relationship between the affiant and the alien.
(3) Documents to establish foster care, lack of familial 
support, or serious, chronic disability.--To establish that the 
alien is in foster care, lacks parental or familial support, or 
has a serious, chronic disability, the alien may provide at 
least two sworn affidavits from individuals who are not related 
to the alien and who have direct knowledge of the circumstances 
that contain--
(A) a statement that the alien is in foster care, 
otherwise lacks any parental or other familiar support, 
or has a serious, chronic disability, as appropriate;
(B) the name, address, and telephone number of the 
affiant; and
(C) the nature and duration of the relationship 
between the affiant and the alien.
(h) Documents Establishing Qualification for Hardship Exemption.--
To establish that an alien satisfies one of the criteria for the 
hardship exemption set forth in section 2104(a)(2)(C), the alien may 
submit to the Secretary at least two sworn affidavits from individuals 
who are not related to the alien and who have direct knowledge of the 
circumstances that warrant the exemption, that contain--
(1) the name, address, and telephone number of the affiant; 
and
(2) the nature and duration of the relationship between the 
affiant and the alien.
(i) Documents Establishing Service in the Uniformed Services.--To 
establish that an alien has served in the Uniformed Services for at 
least 2 years and, if discharged, received an honorable discharge, the 
alien may submit to the Secretary--
(1) a Department of Defense form DD-214;
(2) a National Guard Report of Separation and Record of 
Service form 22;
(3) personnel records for such service from the appropriate 
Uniformed Service; or
(4) health records from the appropriate Uniformed Service.
(j) Documents Establishing Earned Income.--
(1) In general.--An alien may satisfy the earned income 
requirement under section 2104(a)(1)(C)(iii) by submitting 
records that--
(A) establish compliance with such requirement; and
(B) have been maintained by the Social Security 
Administration, the Internal Revenue Service, or any 
other Federal, State, or local government agency.
(2) Other documents.--An alien who is unable to submit the 
records described in paragraph (1) may satisfy the earned 
income requirement by submitting at least two types of reliable 
documents that provide evidence of employment or other forms of 
earned income, including--
(A) bank records;
(B) business records;
(C) employer or contractor records;
(D) records of a labor union, day labor center, or 
organization that assists workers in employment;
(E) sworn affidavits from individuals who are not 
related to the alien and who have direct knowledge of 
the alien's work, that contain--
(i) the name, address, and telephone number 
of the affiant; and
(ii) the nature and duration of the 
relationship between the affiant and the alien;
(F) remittance records; or
(G) any other evidence determined to be credible by 
the Secretary.
(k) Authority To Prohibit Use of Certain Documents.--If the 
Secretary determines, after publication in the Federal Register and an 
opportunity for public comment, that any document or class of documents 
does not reliably establish identity or that permanent resident status 
under this division (whether on a conditional basis, or without the 
conditional basis as provided in section 2104(c)(2)) is being obtained 
fraudulently to an unacceptable degree, the Secretary may prohibit or 
restrict the use of such document or class of documents.

SEC. 2208. CONFIDENTIALITY OF INFORMATION.

(a) In General.--The Secretary may not disclose or use information 
(including information provided during administrative or judicial 
review) provided in applications filed under this division or in 
requests for DACA for the purpose of immigration enforcement.
(b) Referrals Prohibited.--The Secretary, based solely on 
information provided in an application for adjustment of status under 
this division (including information provided during administrative or 
judicial review) or an application for DACA, may not refer an applicant 
to U.S. Immigration and Customs Enforcement, U.S. Customs and Border 
Protection, or any designee of either such entity.
(c) Limited Exception.--Notwithstanding subsections (a) and (b), 
information provided in an application for adjustment of status under 
this division may be shared with Federal security and law enforcement 
agencies--
(1) for assistance in the consideration of an application 
for adjustment of status under this division;
(2) to identify or prevent fraudulent claims;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony 
offense not related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 2209. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS.

An alien's eligibility to be lawfully admitted for permanent 
residence under this division (whether on a conditional basis, or 
without the conditional basis as provided in section 2104(c)(2)) shall 
not preclude the alien from seeking any status under any other 
provision of law for which the alien may otherwise be eligible.

TITLE III--DIGNITY PROGRAM

SEC. 2301. ESTABLISHMENT.

(a) In General.--There is established a program, to be known as the 
``Dignity Program'' under this subtitle, which shall provide for 
deferred action on removal and the provision of employment and travel 
authorization in the case of eligible applicants, in accordance with 
the provisions of this subtitle.
(b) Abolition of 3- and 10-Year Bars.--For purposes of this 
subtitle, section 212(a)(9) of the Immigration and Nationality Act 
shall not apply for purposes of any person who applies and thereafter 
participates in the Dignity Program.
(c) Dignity Program Identification.--The Secretary shall provide 
proof of participation for individuals in the Dignity Program, in the 
form of an identification document, that will provide deferred action 
on removal and authorize employment and travel in accordance with 
provisions in this title.

SEC. 2302. ELIGIBILITY.

The Secretary of Homeland Security shall approve an application to 
participate in the Dignity Program from an eligible alien subject to 
the following:
(1) Application.--The applicant shall submit such 
information that the Secretary determines sufficient to prove 
the following:
(A) That the alien has been continually physically 
present in the United States since December 31, 2020.
(B) That the alien is not inadmissible under 
section 212(a) of the Immigration and Nationality Act 
(except that paragraph (9) shall not apply for purposes 
of this section).
(C) That the alien has included a restitution 
payment of at least $1,000, to be deposited in the H-1B 
Nonimmigrant Petitioner Account, which shall be used to 
support American workers for purposes described in 
title V of division B of this Act.
(2) Submission of biometric and biographic data; background 
checks.--
(A) Submission of biometric and biographic data.--
The Secretary may not approve such an application, 
unless the alien submits biometric and biographic data, 
in accordance with procedures established by the 
Secretary. The Secretary shall provide an alternative 
procedure for aliens who are unable to provide such 
biometric or biographic data because of a physical 
impairment.
(B) Background checks.--The Secretary shall use 
biometric, biographic, and other data that the 
Secretary determines appropriate to conduct security 
and law enforcement background checks and to determine 
whether there is any criminal, national security, or 
other factor that would render the alien ineligible for 
participation in the Dignity Program in accordance with 
paragraph (3). The application for participation in the 
Dignity Program may not be approved unless security and 
law enforcement background checks are completed to the 
satisfaction of the Secretary.
(3) Grounds of ineligibility.--Except as provided in 
paragraph (2), an alien is ineligible for participation in the 
Dignity Program if, excluding any offense under State law for 
which an essential element is the alien's immigration status, 
and any minor traffic offense, the alien has been convicted 
of--
(A) any felony offense;
(B) two or more misdemeanor offenses (excluding 
simple possession of cannabis or cannabis-related 
paraphernalia, any offense involving cannabis or 
cannabis-related paraphernalia which is no longer 
prosecutable in the State in which the conviction was 
entered, any offense involving disorderly conduct 
without violence, and any offense involving civil 
disobedience without violence) not occurring on the 
same date, and not arising out of the same act, 
omission, or scheme of misconduct; or
(C) a misdemeanor offense of domestic violence, 
unless the alien demonstrates that such crime is 
related to the alien having been--
(i) a victim of domestic violence, sexual 
assault, stalking, child abuse or neglect, 
abuse or neglect in later life, or human 
trafficking;
(ii) battered or subjected to extreme 
cruelty; or
(iii) a victim of criminal activity 
described in section 101(a)(15)(U)(iii) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(U)(iii)).
(4) Waivers for certain misdemeanors.--For humanitarian 
purposes, family unity, or if otherwise in the public interest, 
the Secretary may waive--
(A) the grounds of inadmissibility under 
subparagraphs (A), (C), and (D) of section 212(a)(2) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)); and
(B) consideration of--
(i) one misdemeanor offense if the alien 
has not been convicted of any offense in the 5-
year period preceding the date on which the 
alien applies for the Dignity Program; or
(ii) up to two misdemeanor offenses if the 
alien has not been convicted of any offense in 
the 10-year period preceding the date on which 
the alien applies for the Dignity Program.

SEC. 2303. REGISTRATION; DEPARTURE.

(a) Registration.--Any alien approved to participate in the Dignity 
Program shall--
(1) register with the Secretary of Homeland Security;
(2) submit biometric and biographic data to the Secretary; 
and
(3) submit a sworn declaration stipulating to presence in 
the United States without a lawful immigration status, and, as 
appropriate, unlawful presence, in the United States.
(b) Departure.--Not later than 12 months after the date of the 
enactment of this Act, any alien present in the United States without 
lawful status under the immigration laws, or not participating in the 
programs outlined in division B under this Act shall apply for the 
Dignity Program or depart the United States.
(c) Intentional Self-Deportation.--Any alien that voluntarily 
departs the United States not later than 12 months after the date of 
the enactment of this Act shall not be subject to the provisions of 
section 212(a)(9) of the Immigration and Nationality Act with respect 
to--
(1) any removal ordered under section 235(b)(1) of such Act 
or at the end of proceedings under section 240 of such Act 
initiated upon the alien's arrival in the United States; or
(2) any removal ordered under section 240 of such Act,
prior to the date of the enactment of this Act.
(d) Limitation on Removal.--An alien who appears to be prima facie 
eligible for status under this subtitle during the 24-month period 
following the date of enactment of this Act may not be removed or fined 
based on their immigration status--
(1) during such period; and
(2) in the case that the alien applies for status under 
this subtitle, until a final decision establishing 
ineligibility for such status is rendered.
(e) Exception.--This section does not apply in the case of any 
alien with a valid Notice to Appear in immigration court or with a 
pending determination on their immigration status that is not decided 
before this date.

SEC. 2304. PROGRAM PARTICIPATION.

(a) In General.--Any applicant who is approved to participate in 
the Dignity Program shall make an appointment with USCIS who shall 
issue an order deferring further action for a period of 7 years.
(b) Conditions.--Each participant in the Dignity Program shall 
conform to the following:
(1) Report.--The participant shall once every two years 
report to the Secretary of Homeland Security and provide the 
following information:
(A) Place of residence.
(B) Testimony as to good standing within the 
community.
(2) Restitution.--
(A) In general.--The participant shall pay an 
additional fee of at least $1,000 with each report 
under paragraph (1), until a total of $7,000 has been 
paid, to be deposited in the H-1B Nonimmigrant 
Petitioner Account, which shall be used to support 
American workers for purposes described in title IV of 
division B.
(B) Exceptions in the case of temporary protected 
status holders.--Subparagraph (A) shall not apply to 
any individual who had temporary protected status under 
section 244 of the Immigration and Nationality Act (8 
U.S.C. 1254a) prior to the passage of this Act.
(3) Lawful conduct.--The participant shall comply with all 
Federal and State laws.
(4) Employment.--The participant shall remain, for a period 
of not less than 4 years during their participation in the 
Dignity Program, employed (including self-employment and 
serving as a caregiver) or enrolled in a course of study at an 
institute of higher education, as defined in section 102 of the 
Higher Education Act of 1965 (20 U.S.C. 1002), or an area 
career and technical education school, as defined in section 3 
of the Carl D. Perkins Career and Technical Education Act of 
2006 (20 U.S.C. 2302). The Secretary may waive the application 
of this paragraph in the case of any alien with dependents 
under the age of 12, any alien the Secretary determines would 
be unable to reasonably comply by reason of a disability or 
other impediment, or anyone above 65 years of age.
(5) Taxes.--In the case of any Federal income tax liability 
of the participant which was assessed during the 10-year period 
ending on the date such participant was approved for 
participation in the Dignity Program, the participant shall pay 
such liability not later than the close of the 7-year period 
beginning on such date.
(6) Support dependents.--The participant shall support any 
dependents including by providing food, shelter, clothing, 
education, and covering basic medical needs.
(7) Medical costs.--
(A) In general.--The participant shall be enrolled 
under qualifying health coverage.
(B) Definition.--For purposes of this paragraph, 
the term ``qualifying health coverage'' means, with 
respect to the participant, the higher of the following 
levels of coverage applicable to such alien:
(i) At a minimum, catastrophic health 
insurance coverage that provides coverage of 
such individual with respect to at least the 
State of employment and State of residence of 
the alien.
(ii) In the case of an alien whose State of 
residence or State of employment requires such 
an alien to maintain coverage under health 
insurance, such health insurance.
(8) Public benefits.--Beginning on the date of 
participation in the Dignity Program, the participant shall not 
avail himself or herself of any Federal means-tested benefits 
or entitlement programs. For purposes of this paragraph, any 
benefits received by a child or dependent that is a United 
States citizen living in the same household shall not be taken 
into account.
(9) Levy.--In addition to other taxes, there is hereby 
imposed on the income of every Dignity Program participant a 
tax equal to 1 percent of the adjusted gross income (as defined 
in section 3121(a) of the Internal Revenue Code of 1986) 
received by the individual with respect to employment (as 
defined in section 3121(b) the Internal Revenue Code of 1986). 
The participant shall comply with the requirements of section 
9512 of the Internal Revenue Code of 1986. Any tax collected 
under this paragraph shall be deposited in the Immigration 
Infrastructure and Debt Reduction Fund established in section 
1204.
(10) Exemption from certain payroll taxes.--A participant 
shall not be liable for any tax under section 3101 or 3102 of 
the Internal Revenue Code of 1986.
(11) Limitations in the case of minors.--With respect to 
any participant in the Dignity Program who is under 18 years of 
age at the time of application--
(A) subsection (b)(2) shall be waived; or
(B) for any participant that turns 18 years of age 
during participation in the Dignity Program, the 4-year 
requirement in subsection (b)(2) shall be adjusted to 
an amount which is equal to \4/7\ of the time remaining 
in the 7 years required for completion of the Dignity 
Program at the time the participant turns 18.
(c) Authorizing Participants Approved To Participate in the Dignity 
Program To Enlist in the Armed Forces.--
(1) Enlistment.--Section 504(b)(1) of title 10, United 
States Code, is amended by adding at the end the following:
``(D) An alien who is participating in the Dignity Program 
or holds the Dignity Status.''.
(2) Waiver.--Under this provision, for any individual in 
the Dignity Program that enlists in the Armed Forces, the 
conditions outlined in subsection (b) shall be waived during 
their service.
(3) Completion of term of enlistment.--Upon completion of a 
term of enlistment, the requirements of the Dignity Program 
shall be satisfied for that individual, and that individual 
shall be eligible to adjust to lawful permanent resident status 
through the Armed Forces.
(d) Violations.--If a participant violates a condition under 
subsection (b), the Secretary may at the Secretary's discretion, waive 
enforcement of minor violations including late fees, take extenuating 
circumstances into effect, or consider factors of undue hardship, but 
in all other cases, the Secretary shall initiate removal proceedings 
pursuant to section 1229a of title 8, United States Code. In such 
proceedings, the immigration judge may make a determination as to 
whether to order removal or to issue an order modifying the conditions 
of that participant's participation in the Dignity Program.

SEC. 2305. COMPLETION.

(a) In General.--Upon satisfying the conditions set forth in 
subsection (b) and thereby successfully completing the Dignity Program, 
the participant shall be granted Dignity status under this program.
(b) Completion.--The conditions set forth in this subsection for 
successful completion of the Dignity Program are as follows:
(1) Compliance with all requirements of subsection (b)(1).
(2) Compliance with all requirements of subsection (b)(2).
(3) Compliance with the requirement of subsection (b)(3) 
for the entire period of the participation in the Dignity 
Program, excepting any violations waived or modified pursuant 
to section 2304(d) of this Act and any violations deemed de 
minimis by the Secretary.
(c) Dignity Status.--The status under this section--
(1) shall be valid for a period of 7 years;
(2) may be renewed any number of times; and
(3) shall provide the alien with--
(A) lawful status as a nonimmigrant;
(B) authorization for employment; and
(C) the ability to reenter the United States any 
number of times.
(d) Travel and Work Documents.--The Secretary shall provide proof 
of Dignity Status, in the form of an identification document, that will 
allow individuals to work in the United States and travel abroad and be 
admitted to the United States upon return, if otherwise admissible.
(e) Clarification.--For purposes of adjustment of status under 
section 1255 of title 8, United States Code, and change of status under 
section 1258 of title 8, United States Code, the alien shall be 
considered as having been inspected and admitted into the United 
States.
(f) Public Benefits.--Beginning on the date of receiving the 
Dignity Status, the beneficiary shall not avail himself or herself of 
any Federal means-tested benefits or entitlement programs. For purposes 
of this subsection, any benefits received by a child or dependent that 
is a United States citizen living in the same household shall not be 
taken into account.
(g) Termination.--Dignity Status may only be terminated by the 
Secretary following the issuance of a final order of removal, except 
that such status shall be restored following the grant of a motion to 
reopen pursuant to section 1229a(c)(7) of title 8, United States Code, 
a successful appeal, or a grant of withholding of removal pursuant to 
section 1231(b)(3) of title 8, United States Code.

TITLE IV--CONTRIBUTION TO AMERICAN WORKERS

SEC. 2401. PURPOSE.

This title shall direct restitution payments from the Dignity 
program to be disbursed to American workers through promoting 
apprenticeships and other work-based learning programs for small- and 
medium-sized businesses within in-demand industry sectors, through the 
establishment and support of industry or sector partnerships.

SEC. 2402. AVAILABILITY OF FUNDS.

From funds paid by restitution under title III of division B of the 
Dignity for Immigrants while Guarding our Nation to Ignite and Deliver 
the American Dream Act and available under section 286(s)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), the Secretary 
shall carry out this Act.

SEC. 2403. CONFORMING AMENDMENTS.

(a) American Competitiveness and Workforce Improvement Act of 
1998.--Section 414(c) of the American Competitiveness and Workforce 
Improvement Act of 1998 (29 U.S.C. 2916a) is repealed.
(b) Immigration and Nationality Act.--Section 286(s)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended to 
read as follows:
``(2) Use of fees for work-based learning programs.--90 
percent of amounts deposited into the H-1B Nonimmigrant 
Petitioner Account pursuant to the Dignity for Immigrants while 
Guarding our Nation to Ignite and Deliver the American Dream 
Act shall remain available to the Secretary of Labor until 
expended to carry out the Dignity for Immigrants while Guarding 
our Nation to Ignite and Deliver the American Dream Act.''.

SEC. 2404. DEFINITIONS.

In this Act:
(1) Eligible partnership.--The term ``eligible 
partnership'' means an industry or sector partnership as 
defined in section 3 of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3102) that submits and obtains 
approval of an application consistent with section 5(c).
(2) In-demand industry sector.--The term ``in-demand 
industry sector'' means a sector described in subparagraphs 
(A)(i) and (B) of section 3(23) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3102(23)).
(3) Local or regional.--The term ``local or regional'', 
used with respect to an entity, means that the entity provides 
services in, respectively, a local area or region.
(4) Workforce terms.--The terms ``Governor'', ``individual 
with a barrier to employment'', ``industry or sector 
partnership'', ``local area'', ``local board'', ``State 
board'', ``outlying area'', ``recognized postsecondary 
credential'', ``region'', ``State'', and ``supportive 
services'', used with respect to activities supported under 
this Act, have the meanings given the terms in section 3 of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(5) Secretary.--The term ``Secretary'' means the Secretary 
of Labor.

SEC. 2405. ALLOTMENTS TO STATES.

(a) Reservation.--Of the amounts available for this Act under 
section 4, the Secretary may reserve--
(1) not more than 5 percent of those amounts for the costs 
of technical assistance and Federal administration of this Act;
(2) not more than 2 percent of those amounts for the costs 
of evaluations conducted under section 8(b); and
(3) not more than \1/4\ of 1 percent of such amounts to 
provide assistance to the outlying areas.
(b) Allotments.--
(1) In general.--Of the amounts available for this Act 
under section 4 that remain after the Secretary makes the 
reservations under subsection (a), the Secretary shall, for the 
purpose of supporting (which may include assistance in 
establishing expanded) local or regional eligible partnerships 
to support work-based learning programs under this Act, make 
allotments to eligible States in accordance with clauses (ii) 
through (v) of section 132(b)(1)(B) of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3162(b)(1)(C)), subject to 
paragraph (2).
(2) Application.--For purposes of applying the clauses 
described in paragraph (1), under paragraph (1), the 
Secretary--
(A) shall not apply subclauses (I) and (III) of 
clause (iv) with respect to the first fiscal year after 
the date of enactment of this Act;
(B) shall apply clause (iv)(II) by substituting 
``0.5 percent of the remaining amounts described in 
paragraph (1)'' for the total described in that clause;
(C) shall not apply clause (iv)(IV);
(D) shall apply clause (v)(II) by substituting the 
term ``allotment percentage'', used with respect to the 
second full fiscal year after the date of enactment of 
this Act, or a subsequent fiscal year, means a 
percentage of the remaining amounts described in 
paragraph (1) that is received through an allotment 
made under this subsection for the fiscal year for the 
two sentences in that clause; and
(E) shall apply clause (v)(III) by substituting ``a 
work-based learning program carried out under this 
Act'' for ``a program of workforce investment 
activities carried out under this subtitle''.
(3) Use of unallotted funds.--If a State fails to meet the 
requirements for an allotment under this subsection, the 
Secretary may allot funds that are not allotted under 
paragraphs (1) and (2) to eligible States under a formula based 
on the formula specified in section 132(c) of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3173(c)).
(4) Definition.--In this subsection, the term ``eligible 
State'' means a State that meets the requirements of section 
102 or 103 of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3112, 3113) and subsection (c).
(c) State Eligibility.--To be eligible to receive an allotment 
under subsection (b), a State, in consultation with State boards and 
local boards, shall submit an application to the Secretary, at such 
time, in such manner, and containing a description of the activities to 
be carried out with the grant funds. At a minimum, the application 
shall include information on--
(1) the local or regional industry or sector partnerships 
that will be supported, including the lead partners for the 
partnerships, and how the partnerships will work to engage 
small- and medium-sized businesses, as applicable, in the 
activities of the partnerships;
(2) the in-demand industry sectors that will be served, 
including how such industry sectors were identified, and how 
the activities of the partnerships will align with State, 
regional, and local plans as required under title I of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et 
seq.);
(3) the apprenticeship programs or other work-based 
learning programs to be supported though the partnerships;
(4) the populations that will receive services, including 
individuals with barriers to employment and populations that 
were historically underrepresented in the industry sectors to 
be served through the partnerships;
(5) the services, including business engagement, classroom 
instruction, and support services (including at least 6 months 
of post-employment support services), that will be supported 
through the grant funds;
(6) the recognized postsecondary credentials that workers 
will obtain through participation in the program and the 
quality of the program that leads to the credentials;
(7) levels of performance to be achieved on the performance 
indicators described in section 8, to measure progress towards 
expanding work-based learning programs;
(8) how local or regional partnerships will leverage 
additional resources, including funding provided under title I 
of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 
et seq.) and non-Federal resources, to support the activities 
carried out under this Act; and
(9) such other subjects as the Secretary may require.
(d) Review of Applications.--The Secretary shall review 
applications submitted under subsection (c) in consultation with the 
Secretary of Education and the Secretary of Health and Human Services.

SEC. 2406. GRANTS TO PARTNERSHIPS.

(a) Grants.--
(1) In general.--The Governor of a State that receives an 
allotment under section 5 shall use the funds made available 
through the allotment and not reserved under subsection (d) to 
award grants to eligible partnerships. The Governor shall award 
the grants for the purpose of assisting (which may include 
establishing or expanding) local or regional industry or sector 
partnerships that are identified in the application submitted 
under section 5(c), to carry out activities described in 
section 7.
(2) Period of grant.--A State may make a grant under this 
section for a period of 3 years.
(3) Availability of funds.--The Governor of a State that 
receives an allotment under section 5 for a fiscal year may use 
the funds made available through the allotment during that year 
or the 2 subsequent fiscal years.
(b) Eligibility.--To be eligible to receive a grant under this 
section, an industry or sector partnership described in subsection 
(a)(1) shall--
(1) submit an application to the State at such time, in 
such manner, and containing such information as the State may 
require; and
(2) designate a partner in the industry or sector 
partnership, to serve as the fiscal agent for purposes of the 
grant.
(c) Awards of Grants.--
(1) Participation in multiple eligible partnerships.--
Subject to paragraph (2), a State may award grants under this 
section in a way that results in an entity being represented in 
more than one partnership that receives such a grant.
(2) Geographic diversity.--In making the grants, a State 
shall ensure that there is geographic diversity in the areas in 
which activities will be carried out under the grants.
(d) Administration.--The State may reserve not more than 5 percent 
of the amount of an allotment under section 5 for the administration of 
the grants awarded under this section.

SEC. 2407. USE OF FUNDS.

(a) In General.--An eligible partnership that receives a grant 
under section 6 shall use the grant funds to support apprenticeships or 
other work-based learning programs. The eligible partnership shall use 
the grant funds to support the activities described in subsections (b) 
and (c) and such other strategies as may be necessary to support the 
development and implementation of work-based learning programs, and 
participant retention in and completion of those programs. The 
partnership may use the grant funds to establish or expand eligible 
partnerships.
(b) Business Engagement.--The eligible partnership shall use grant 
funds to provide services to engage businesses in work-based learning 
programs, which may include assisting a small- or medium-sized business 
with--
(1) the navigation of the registration process for a 
sponsor of an apprenticeship program;
(2) the connection of the business with an education 
provider to develop classroom instruction to complement on-the-
job learning;
(3) the development of a curriculum for a work-based 
learning program;
(4) the employment of workers in a work-based learning 
program for a transitional period before the business hires an 
individual for continuing employment;
(5) the provision of training to managers and frontline 
workers to serve as trainers or mentors to workers in the work-
based learning program;
(6) the provision of career awareness activities; and
(7) the recruitment of individuals to participate in a 
work-based learning program from individuals receiving 
additional workforce and human services, including--
(A) workers in programs under the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3101 et 
seq.);
(B) recipients of assistance through the 
supplemental nutrition assistance program established 
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 
et seq.); and
(C) recipients of assistance through the program of 
block grants to States for temporary assistance for 
needy families established under part A of title IV of 
the Social Security Act (42 U.S.C. 601 et seq.).
(c) Support Services for Workers.--
(1) In general.--The eligible partnership shall use grant 
funds to provide support services for workers to ensure their 
success in work-based learning programs, which may include--
(A) connection of individuals with adult basic 
education during pre-work-based learning or training, 
and during the period of employment;
(B) connection of individuals with pre-work-based 
learning or training, including through a pre-
apprenticeship program;
(C) provision of additional mentorship and 
retention supports for individuals pre-work-based 
learning or training, and during the period of 
employment;
(D) provision of tools, work attire, and other 
required items necessary to start employment pre-work-
based learning or training, and during the period of 
employment; and
(E) provision of transportation, childcare 
services, or other support services pre-work-based 
learning or training, and during the period of 
employment.
(2) Length of services.--Each eligible partnership shall 
provide support services for workers for not less than 12 
months after the date of placement of an individual in a work-
based learning program. That 12-month period shall include a 
period of pre-work-based learning or training, a transitional 
period of employment as described in subsection (b)(4), and a 
period of continuing employment.

SEC. 2408. PERFORMANCE AND ACCOUNTABILITY.

(a) Local Reports.--Not later than 1 year after receiving a grant 
under section 6, and annually thereafter, each eligible partnership in 
a State shall conduct an evaluation and submit to the State a local 
report containing information on--
(1) levels of performance achieved by the eligible 
partnership with respect to the performance indicators under 
section 116(b)(2)(A) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3141(b)(2)(A))--
(A) for all workers in the work-based learning 
program involved; and
(B) for all such workers, disaggregated by each 
population specified in section 3(24) of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3102(24)) and 
by race, ethnicity, sex, and age; and
(2) levels of performance achieved by the eligible 
partnership with respect to the performance indicators under 
that section 116(b)(2)(A)--
(A) for individuals with barriers to employment in 
the work-based learning program involved; and
(B) for all such individuals, disaggregated by each 
population specified in section 3(24) of the Workforce 
Innovation and Opportunity Act and by race, ethnicity, 
sex, and age.
(b) State Reports.--Not later than 24 months after receiving 
initial local reports under subsection (a) (but in no case less than 18 
months after the corresponding grants are awarded) and annually 
thereafter, the State shall conduct an evaluation and submit a report 
to the Secretary containing--
(1) the information provided by the eligible partnerships 
through the local reports; and
(2) the State level of performance, aggregated across all 
eligible partnerships, with respect to the performance 
indicators described in subsection (a).

SEC. 2409. GRANTS FOR ACCESS TO HIGH-DEMAND CAREERS.

(a) Purpose.--The purpose of this section is to expand student 
access to, and participation in, new industry-led earn-and-learn 
programs leading to high-wage, high-skill, and high-demand careers.
(b) Authorization of Apprenticeship Grant Program.--
(1) In general.--From the amounts provided under this 
title, the Secretary shall award grants, on a competitive 
basis, to eligible partnerships for the purpose described in 
subsection (a).
(2) Duration.--The Secretary shall award grants under this 
section for a period of--
(A) not less than 1 year; and
(B) not more than 4 years.
(3) Limitations.--
(A) Number of awards.--An eligible partnership or 
member of such partnership may not be awarded more than 
one grant under this section.
(B) Administration costs.--An eligible partnership 
awarded a grant under this section may not use more 
than 5 percent of the grant funds to pay administrative 
costs associated with activities funded by the grant.
(c) Matching Funds.--To receive a grant under this section, an 
eligible partnership shall, through cash or in-kind contributions, 
provide matching funds from non-Federal sources in an amount equal to 
or greater than 50 percent of the amount of such grant.
(d) Applications.--To receive a grant under this section, an 
eligible partnership shall submit to the Secretary at such a time as 
the Secretary may require, an application that--
(1) identifies and designates the business or institution 
of higher education responsible for the administration and 
supervision of the earn-and-learn program for which such grant 
funds would be used;
(2) identifies the businesses and institutions of higher 
education that comprise the eligible partnership;
(3) identifies the source and amount of the matching funds 
required under subsection (c);
(4) identifies the number of students who will participate 
and complete the relevant earn-and-learn program within 1 year 
of the expiration of the grant;
(5) identifies the amount of time, not to exceed 2 years, 
required for students to complete the program;
(6) identifies the relevant recognized postsecondary 
credential to be awarded to students who complete the program; 
and
(7) identifies the anticipated earnings of students--
(A) 1 year after program completion;
(B) 3 years after program completion;
(C) describes the specific project for which the 
application is submitted, including a summary of the 
relevant classroom and paid structured on-the-job 
training students will receive;
(D) describes how the eligible partnership will 
finance the program after the end of the grant period;
(E) describes how the eligible partnership will 
support the collection of information and data for 
purposes of the program evaluation required under 
subsection (e); and
(F) describes the alignment of the program with 
State-identified in-demand industry sectors.
(e) Evaluation.--
(1) In general.--From the amounts provided under this 
title, the Secretary shall provide for the independent 
evaluation of the grant program established under this section 
that includes the following:
(A) The number of eligible individuals who 
participated in programs assisted under this section.
(B) The percentage of program participants who are 
in unsubsidized employment during the second quarter 
after exit from the program.
(C) The percentage of program participants who are 
in unsubsidized employment during the fourth quarter 
after exit from the program.
(D) The median earnings of program participants who 
are in unsubsidized employment during the second 
quarter after exit from the program.
(E) The percentage of program participants who 
obtain a recognized postsecondary credential during 
participation in the program.
(2) Publication.--The evaluation required by this 
subsection shall be made publicly available on the website of 
the Department.
(f) Definitions.--In this section:
(1) Earn-and-learn program.--The term ``earn-and-learn 
program'' means an education program, including an 
apprenticeship program, that provides students with structured, 
sustained, and paid on-the-job training and accompanying, for 
credit, classroom instruction that--
(A) is for a period of between 3 months and 2 
years; and
(B) leads to, on completion of the program, a 
recognized postsecondary credential.
(2) Eligible partnership.--The term ``eligible 
partnership'' shall mean a consortium that includes--
(A) 1 or more businesses; and
(B) 1 or more institutions of higher education.
(3) In-demand industry sector or occupation.--The term 
``in-demand industry sector or occupation'' has the meaning 
given the term in section 3 of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3102).
(4) On-the-job training.--The term ``on-the-job training'' 
has the meaning given the term in section 3 of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3102).
(5) Recognized postsecondary credential.--The term 
``recognized postsecondary credential'' has the meaning given 
the term in section 3 of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3102).

DIVISION C--AMERICAN PROSPERITY AND COMPETITIVENESS

SEC. 3101. SHORT TITLE.

This division may be cited as the ``American Prosperity and 
Competitiveness Act''.

TITLE I--AMERICAN FAMILIES UNITED

SEC. 3111. RULE OF CONSTRUCTION.

Nothing in sections 3112 and 3113 of this title, the American 
Families United Act, shall be construed--
(1) to provide the Secretary of Homeland Security or the 
Attorney General with the ability to exercise the discretionary 
authority provided in this division, or by an amendment made by 
this division, except on a case-by-case basis; or
(2) to otherwise modify or limit the discretionary 
authority of the Secretary of Homeland Security or the Attorney 
General under the immigration laws (as defined in section 
101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))).

SEC. 3112. DISCRETIONARY AUTHORITY WITH RESPECT TO FAMILY MEMBERS OF 
UNITED STATES CITIZENS.

(a) Applications for Relief From Removal.--Section 240(c)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)) is amended by 
adding at the end the following:
``(D) Judicial discretion.--
``(i) In general.--In the case of an alien 
who is the spouse or child of a citizen of the 
United States, the Attorney General may subject 
to clause (ii)--
``(I) terminate any removal 
proceedings against the alien;
``(II) decline to order the alien 
removed from the United States;
``(III) grant the alien permission 
to reapply for admission to the United 
States; or
``(IV) subject to clause (iii), 
waive the application of one or more 
grounds of inadmissibility or 
deportability in connection with any 
request for relief from removal.
``(ii) Limitation on discretion.--
``(I) In general.--The Attorney 
General may exercise the discretion 
described in clause (i) if the Attorney 
General determines that removal of the 
alien or the denial of a request for 
relief from removal would result in 
hardship to the alien's United States 
citizen spouse, parent, or child. There 
shall be a presumption that family 
separation constitutes hardship.
``(II) Widow and surviving child of 
deceased united states citizen.--In the 
case of the death of a citizen of the 
United States, the Attorney General may 
exercise discretion described in clause 
(i) with respect to an alien who was a 
child of such citizen, or was the 
spouse of such citizen and was not 
legally separated from such citizen on 
the date of the citizen's death, if--
``(aa) the Attorney General 
determines that removal of the 
child or spouse or the denial 
of a requested benefit would 
result in hardship to the child 
or spouse; and
``(bb) the child or spouse 
seeks relief requiring such 
discretion not later than two 
years after the date of the 
citizen's death or demonstrates 
to the satisfaction of the 
Attorney General the existence 
of extraordinary circumstances 
that prevented the spouse or 
child from seeking relief 
within such period.
``(iii) Exclusions.--This subparagraph 
shall not apply to an alien whom the Attorney 
General determines--
``(I) is inadmissible under--
``(aa) paragraph (2) or (3) 
of section 212(a); or
``(bb) subparagraph (A), 
(C), or (D) of section 
212(a)(10); or
``(II) is deportable under 
paragraph (2), (4), or (6) of section 
237(a).''.
(b) Secretary's Discretion.--Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended--
(1) by redesignating the second subsection (t) as 
subsection (u); and
(2) by adding at the end the following:
``(u) Secretary's Discretion.--
``(1) In general.--In the case of an alien who is the 
spouse or child of a citizen of the United States, the 
Secretary of Homeland Security may, subject to paragraph (2)--
``(A) waive the application of one or more grounds 
of inadmissibility or deportability in connection with 
an application for an immigration benefit or request 
for relief from removal;
``(B) decline to issue a notice to appear or other 
charging document requiring such an alien to appear for 
removal proceedings;
``(C) decline to reinstate an order of removal 
under section 241(a)(5); or
``(D) grant such alien permission to reapply for 
admission to the United States or any other application 
for an immigration benefit.
``(2) Limitation on discretion.--
``(A) In general.--The Secretary of Homeland 
Security may exercise discretion described in paragraph 
(1) if the Secretary determines that removal of the 
alien or the denial of a requested benefit would result 
in hardship to the alien's United States citizen 
spouse, parent, or child. There shall be a presumption 
that family separation constitutes hardship.
``(B) Widow and orphan of deceased united states 
citizen.--In the case of the death of a citizen of the 
United States, the Secretary of Homeland Security may 
exercise discretion described in paragraph (1) with 
respect to an alien who was a child of such citizen, or 
was the spouse of such citizen and was not legally 
separated from such citizen on the date of the 
citizen's death, if--
``(i) the Secretary determines that the 
denial of a requested benefit would result in 
hardship to the child or spouse; and
``(ii) the child or spouse seeks relief 
requiring such discretion not later than two 
years after the date of the citizen's death or 
demonstrates to the satisfaction of the 
Secretary the existence of extraordinary 
circumstances that prevented the spouse or 
child from seeking relief within such period.
``(3) Exclusions.--This subsection shall not apply to an 
alien whom the Secretary determines--
``(A) is inadmissible under--
``(i) paragraph (2) or (3) of subsections 
(a); or
``(ii) subparagraphs (A), (C), or (D) of 
subsection (a)(10); or
``(B) is deportable under paragraphs (2), (4), or 
(6) of section 237(a).''.
(c) Nationality at Birth and Collective Naturalization.--Section 
301(g) of the Immigration and Nationality Act (8 U.S.C. 1401(g)) is 
amended by striking ``for a period or periods totaling not less than 
five years, at least two of which were after attaining the age of 
fourteen years''.

SEC. 3113. MOTIONS TO REOPEN OR RECONSIDER.

(a) In General.--A motion to reopen or reconsider the denial of a 
petition or application or an order of removal for an alien may be 
granted if such petition, application, or order would have been 
adjudicated in favor of the alien had this division, or an amendment 
made by this division, been in effect at the time of such denial or 
order.
(b) Filing Requirement.--A motion under subsection (a) shall be 
filed no later than the date that is 2 years after the date of the 
enactment of this division, unless the alien demonstrates to the 
satisfaction of the Secretary of Homeland Security or Attorney General, 
as appropriate, the existence of extraordinary circumstances that 
prevented the alien from filing within such period.

SEC. 3114. TEMPORARY FAMILY VISITATION.

(a) Establishment of New Nonimmigrant Visa Category.--Section 
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(B)) is amended by striking ``and who is visiting the United 
States temporarily for business or temporarily for pleasure;'' and 
inserting ``and who is visiting the United States temporarily for--
``(i) business;
``(ii) pleasure; or
``(iii) family purposes;''.
(b) Requirements Applicable to Family Purpose Visas.--Section 214 
of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by 
adding at the end the following:
``(s) Requirements Applicable to Family Purpose Visas.--
``(1) Definitions.--In this subsection and section 
101(a)(15)(B)(iii):
``(A) Family purposes.--The term `family purposes' 
means any visit by a relative for a social, occasional, 
or any other purpose.
``(B) Relative.--The term `relative' means the 
spouse, child, son, daughter, grandchild, parent, 
grandparent, sibling, uncle, aunt, niece, and nephew of 
a citizen of the United States or an alien lawfully 
admitted for permanent residence.
``(2) Requirement.--A relative seeking admission pursuant 
to a visa issued under section 101(a)(15)(B)(iii) is 
inadmissible unless--
``(A) the individual petitioning for such 
admission, or an additional sponsor, has submitted to 
the Secretary of Homeland Security an undertaking under 
section 213 in the form of a declaration of support 
(Form I-134); and
``(B) such relative has obtained, for the duration 
of his or her stay in the United States, a health 
insurance policy (such as an additional travel health 
insurance policy or an existing health insurance policy 
that includes travel health care costs) with minimum 
policy requirements, as determined by the Secretary.
``(3) Period of authorized admission.--The period of 
authorized admission for a nonimmigrant described in section 
101(a)(15)(B)(iii) shall not exceed 90 days.
``(4) Petitioner requirement.--
``(A) In general.--An individual may not petition 
for the admission of a relative as a nonimmigrant 
described in section 101(a)(15)(B)(iii) if the 
individual previously petitioned for the admission of 
such a relative who--
``(i) was admitted to the United States 
pursuant to a visa issued under that section as 
a result; and
``(ii) overstayed his or her period of 
authorized admission.
``(B) Previous petitioners.--An individual 
petitioning for the admission of a relative as a 
nonimmigrant described in section 101(a)(15)(B)(iii) 
who has previously petitioned for such a relative shall 
submit to the Secretary of Homeland Security evidence 
demonstrating that the relative on behalf of whom the 
individual previously petitioned did not overstay his 
or her period of authorized admission.''.
(c) Restriction on Change of Status.--Section 248(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1258(a)(1)) is amended to 
read as follows:
``(1) an alien classified as a nonimmigrant under 
subparagraph (B)(iii), (C), (D), (K), or (S) of section 
101(a)(15),''.
(d) Family Purpose Visa Eligibility While Awaiting Immigrant 
Visa.--Notwithstanding section 214(b) of the Immigration and 
Nationality Act (8 U.S.C. 1184(b)), a nonimmigrant described in section 
101(a)(15)(B)(iii) of that Act who has been classified as an immigrant 
under section 201 of that Act (8 U.S.C. 1151) and is awaiting the 
availability of an immigrant visa subject to the numerical limitations 
under section 203 of that Act (8 U.S.C. 1153) may be admitted pursuant 
to a family purpose visa, in accordance with section 214(s) of that 
Act, if the individual is otherwise eligible for admission.

SEC. 3115. MILITARY NATURALIZATION MODERNIZATION.

(a) In General.--Chapter 2 of title III of the Immigration and 
Nationality Act (8 U.S.C. 1421 et seq.) is amended--
(1) by striking section 328 (8 U.S.C. 1439); and
(2) in section 329 (8 U.S.C. 1440)--
(A) by amending the section heading to read as 
follows: ``naturalizing through service in the selected 
reserve or in active-duty status'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1), 
by striking ``during either'' and all that 
follows through ``foreign force'';
(ii) in paragraph (1)--
(I) by striking ``America Samoa, or 
Swains Island'' and inserting 
``American Samoa, Swains Island, or any 
of the freely associated States (as 
defined in section 611(b)(1)(C) of the 
Individuals with Disabilities Education 
Act (20 U.S.C. 1411(b)(1)(C))),''; and
(II) by striking ``he'' and 
inserting ``such person''; and
(iii) in paragraph (2), by striking ``in an 
active-duty status, and whether separation from 
such service was under honorable conditions'' 
and inserting ``in accordance with subsection 
(b)(3)''; and
(C) in subsection (b)--
(i) in paragraph (1), by striking ``he'' 
and inserting ``such person''; and
(ii) in paragraph (3), by striking ``an 
active-duty status'' and all that follows 
through ``foreign force, and'' and inserting 
``in an active status (as defined in section 
101(d) of title 10, United States Code), in the 
Selected Reserve of the Ready Reserve, or on 
active duty (as defined in such section) and, 
if separated''.
(b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the 
items relating to sections 328 and 329 and inserting the following:

``Sec. 329. Naturalization through service in the Selected Reserve or 
in active-duty status.''.

TITLE II--FAIRNESS FOR LEGAL IMMIGRANTS

SEC. 3201. REDUCTION OF BACKLOGS.

Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
1151(b)(1)) is amended by adding at the end the following:
``(F) Aliens--
``(i) who are beneficiaries (including 
derivative beneficiaries) of an approved 
immigrant visa petition bearing a priority date 
that is more than 10 years before the alien 
submits an application for an immigrant visa or 
for adjustment of status; and
``(ii) who deposit a premium processing fee 
of $20,000 into the Immigration Infrastructure 
and Debt Reduction Fund established in section 
9512 of title 26, United States Code.
``(G) Aliens who are beneficiaries (including 
derivative beneficiaries) of an approved immigrant visa 
petition bearing a priority date that is more than 10 
years before the alien submits an application for an 
immigrant visa or for adjustment of status, subject to 
the following:
``(i) In each of the fiscal years 2026 
through and including 2035, the Secretary shall 
allocate to aliens described in subparagraph 
(G) a number of immigrant visas in an amount 
that is sufficient to ensure that by the end of 
fiscal year 2035 there are no aliens described 
in subparagraph (G).''.

SEC. 3202. PER-COUNTRY CAPS RAISED.

Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1152(a)(2)) is amended by striking ``7 percent'' and inserting ``15 
percent''.

SEC. 3203. PROTECTING THE STATUS OF CHILDREN AFFECTED BY DELAYS IN VISA 
AVAILABILITY.

(a) Requirements.--Section 201(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 3201, is 
further amended by adding at the end the following:
``(H) Any alien who--
``(i) is not inadmissible under section 
212(a) or deportable under section 237(a);
``(ii) was lawfully present in the United 
States as a dependent child of a nonimmigrant 
admitted to engage in employment in the United 
States (other than a nonimmigrant described in 
subparagraph (A), (G), (N), or (S) of section 
101(a)(15)) for an aggregate period of not less 
than 8 years;
``(iii) on the date on which an application 
under section 204(a)(1)(M) is submitted, has 
been lawfully present in the United States for 
an aggregate period of not less than 10 years; 
and
``(iv) has graduated from an institution of 
higher education (as defined in section 102(a) 
of the Higher Education Act of 1965 (20 U.S.C. 
1002(a))) in the United States.''.
(b) Petition.--Section 204(a)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the 
following:
``(M) Any alien entitled to classification under 
section 201(b)(1)(F) may file a petition with the 
Secretary of Homeland Security for such 
classification.''.
(c) Age-Out Protections.--
(1) In general.--The Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended--
(A) in section 101(b) (8 U.S.C. 1101(b)), by adding 
at the end the following:
``(6) Determination of child status.--A determination as to 
whether an alien is a child shall be made as follows:
``(A) In general.--For purposes of a petition under 
section 204 and any subsequent application for an 
immigrant visa or adjustment of status, such 
determination shall be made using the age of the alien 
on the earlier of--
``(i) the date on which the petition is 
filed with the Secretary of Homeland Security; 
or
``(ii) the date on which an application for 
a labor certification under section 
212(a)(5)(A)(i) is filed with the Secretary of 
Labor.
``(B) Certain dependents of nonimmigrants.--With 
respect to an alien who, for an aggregate period of 8 
years before attaining the age of 21, was in the status 
of a dependent child of a nonimmigrant pursuant to a 
lawful admission as an alien eligible to be employed in 
the United States (other than a nonimmigrant described 
in subparagraph (A), (G), (N), or (S) of section 
101(a)(15)), notwithstanding clause (i), the 
determination of the alien's age shall be based on the 
date on which such initial nonimmigrant employment-
based petition or application was filed by the alien's 
nonimmigrant parent.
``(C) Failure to acquire status as alien lawfully 
admitted for permanent residence.--With respect to an 
alien who has not sought to acquire status as an alien 
lawfully admitted for permanent residence during the 2 
years beginning on the date on which an immigrant visa 
becomes available to such alien, the alien's age shall 
be determined based on the alien's biological age, 
unless the failure to seek to acquire such status was 
due to extraordinary circumstances.''; and
(B) in section 201(f) (8 U.S.C. 1151)--
(i) by striking the subsection heading and 
all that follows until ``termination date'' in 
paragraph (3) and inserting ``Rule For 
Determining Whether Certain Aliens Are 
Immediate Relatives.--''; and
(ii) by striking paragraph (4).
(2) Effective date.--
(A) In general.--The amendments made by this 
subsection shall be effective as if included in the 
Child Status Protection Act (Public Law 107-208; 116 
Stat. 927).
(B) Motion to reopen or reconsider.--
(i) In general.--A motion to reopen or 
reconsider the denial of a petition or 
application described in the amendment made by 
paragraph (1)(A) may be granted if--
(I) such petition or application 
would have been approved if the 
amendment described in such paragraph 
had been in effect at the time of 
adjudication of the petition or 
application;
(II) the individual seeking relief 
pursuant to such motion was in the 
United States at the time the 
underlying petition or application was 
filed; and
(III) such motion is filed with the 
Secretary of Homeland Security or the 
Attorney General not later than the 
date that is 2 years after the date of 
the enactment of this Act.
(ii) Exemption from numerical 
limitations.--Notwithstanding any other 
provision of law, an individual granted relief 
pursuant to a motion to reopen or reconsider 
under clause (i) shall be exempt from the 
numerical limitations in sections 201, 202, and 
203 of the Immigration and Nationality Act (8 
U.S.C. 1151, 1152, and 1153).
(d) Nonimmigrant Dependent Children.--Section 214 of the 
Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at 
the end the following:
``(s) Derivative Beneficiaries.--
``(1) In general.--Except as described in paragraph (2), 
the determination as to whether an alien who is the derivative 
beneficiary of a properly filed pending or approved immigrant 
petition under section 204 is eligible to be a dependent child 
shall be based on whether the alien is determined to be a child 
under section 101(b)(6).
``(2) Long-term dependents.--If otherwise eligible, an 
alien who is determined to be a child pursuant to section 
101(b)(6)(B) may change status to, or extend status as, a 
dependent child of a nonimmigrant with an approved employment-
based petition under this section or an approved application 
under section 101(a)(15)(E), notwithstanding such alien's 
marital status.
``(3) Employment authorization.--An alien admitted to the 
United States as a dependent child of a nonimmigrant who is 
described in this section is authorized to engage in employment 
in the United States incident to status.''.
(e) Priority Date Retention.--Section 203(h) of the Immigration and 
Nationality Act (8 U.S.C. 1153(h)) is amended--
(1) by striking the subsection heading and inserting 
``Retention Of Priority Dates'';
(2) by striking paragraphs (1) through (4);
(3) by redesignating paragraph (5) as paragraph (3); and
(4) by inserting before paragraph (3) the following:
``(1) In general.--The priority date for an individual 
shall be the date on which a petition under section 204 is 
filed with the Secretary of Homeland Security or the Secretary 
of State, as applicable, unless such petition was preceded by 
the filing of a labor certification with the Secretary of 
Labor, in which case the date on which the labor certification 
is filed shall be the priority date.
``(2) Applicability.--The principal beneficiary and all 
derivative beneficiaries shall retain the priority date 
associated with the earliest of any approved petition or labor 
certification, and such priority date shall be applicable to 
any subsequently approved petition.''.

TITLE III--EMPLOYMENT AND STUDENT VISAS

SEC. 3301. SPOUSES AND MINOR CHILDREN OF WORKERS.

Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
1151(b)(1)), as amended by this division, is further amended by adding 
at the end the following:
``(I) Aliens described in section 203(d) if 
accompanying or following to join their spouse or 
parent who has been admitted for lawful permanent 
resident status under section 203(b).''.

SEC. 3302. WAGES RECEIVED BY NONRESIDENT ALIEN INDIVIDUALS DURING 
OPTIONAL PRACTICAL TRAINING SUBJECT TO SOCIAL SECURITY 
TAXES.

(a) In General.--Section 3121(b)(19) of the Internal Revenue Code 
of 1986 is amended by inserting ``(other than any period in which such 
individual performs service pursuant to optional practical training)'' 
after ``as amended''.
(b) Effective Date.--The amendment made by this section shall apply 
to services performed in calendar quarters beginning after the date of 
the enactment of this division.

SEC. 3303. INDIVIDUALS WITH DOCTORAL DEGREES IN STEM FIELDS RECOGNIZED 
AS INDIVIDUALS HAVING EXTRAORDINARY ABILITY.

Section 101(a)(15)(O)(i) of the Immigration and Nationality Act 
(INA) is amended by inserting after ``extensive documentation'' the 
following: ``or, with regard to a field of science, technology, 
engineering, or mathematics, has earned a doctoral degree in at least 
one of such fields, or in a health profession, from an institution of 
higher education in the United States (as defined in section 101(a) of 
the Higher Education Act of 1965 (20 U.S.C. 1001(a)))''.

SEC. 3304. MODERNIZING VISAS FOR STUDENTS.

(a) Modification of Student Nonimmigrant Visa Category.--Section 
101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(F)(i)) is amended--
(1) by striking ``having a residence in a foreign country 
which he has no intention of abandoning,'';
(2) by striking ``and solely''; and
(3) by striking ``Attorney General'' each place it appears 
and inserting ``Secretary of Homeland Security''.
(b) Dual Intent.--Section 214(h) of the Immigration and Nationality 
Act (8 U.S.C. 1184(h)) is amended to read as follows:
``(h) Dual Intent.--The fact that an alien is, or intends to be, 
the beneficiary of an application for a preference status filed under 
section 204, seeks a change or adjustment of status after completing a 
legitimate period of nonimmigrant stay, or has otherwise sought 
permanent residence in the United States shall not constitute evidence 
of intent to abandon a foreign residence that would preclude the alien 
from obtaining or maintaining--
``(1) a visa or admission as a nonimmigrant described in 
subparagraph (E), (F)(i), (F)(ii), (H)(i)(b), (H)(i)(c), (L), 
(O), (P), (R), or (V) of section 101(a)(15); or
``(2) the status of a nonimmigrant described in any such 
subparagraph.''.

SEC. 3305. RESOURCES FOR VISA PROCESSING.

(a) Coordinator.--The Secretary of State, Secretary of Labor, and 
Secretary of Homeland Security shall jointly appoint an Immigration 
Agency Coordinator to oversee the immigration functions at United 
States Citizenship and Immigration Services, the Department of Labor, 
and the Department of State.
(b) Duties.--It shall be the duty of the Immigration Agency 
Coordinator--
(1) to provide recommendations to harmonize agency efforts 
with respect to filing and processing of immigration petitions, 
visas, and labor certifications; and
(2) to work to ensure filing and processing information 
from each agency is available to the other agencies.
(c) Authorization of Appropriations.--There is authorized to be 
appropriated for fiscal year 2026--
(1) $2,560,000,000 to the Operations and Support Account at 
United States Citizenship and Immigration Services;
(2) $825,000,000 to the Bureau of Consular Affairs and Visa 
Service at the Department of State; and
(3) $225,000,000 to the Office of Foreign Labor 
Certification at the U.S. Department of Labor.
<all>