I 117TH CONGRESS 1ST SESSION H. R. 1177 To provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 18, 2021 Ms. SA´NCHEZ (for herself, Ms. LOFGREN, Ms. ROYBAL-ALLARD, Ms. VELA´ZQUEZ, Ms. CLARKE of New York, Ms. BASS, Ms. CHU, Mr. RUIZ, Mrs. NAPOLITANO, Mr. ESPAILLAT, Mr. CARBAJAL, Mr. VARGAS, Mr. GOMEZ, Mr. GALLEGO, Mr. CORREA, Mr. AGUILAR, Ms. ESCOBAR, Ms. GARCIA of Texas, Mr. CA´RDENAS, Ms. LEGER FERNANDEZ, Mr. CASTRO of Texas, Ms. BARRAGA´N, Mr. VELA, Mr. SOTO, Mr. LEVIN of California, Mr. COSTA, Mr. TORRES of New York, Mr. SIRES, Mrs. TRAHAN, Mr. SABLAN, Mr. SAN NICOLAS, Ms. CLARK of Massachusetts, Mr. NADLER, Mr. MCGOVERN, Mrs. WATSON COLEMAN, Ms. WASSERMAN SCHULTZ, Mr. WELCH, Ms. BONAMICI, Ms. SCANLON, Ms. BLUNT ROCHESTER, Ms. MANNING, Mr. HORSFORD, Mr. CONNOLLY, Mr. PANETTA, Mr. TAKANO, Ms. DEGETTE, Mrs. LAWRENCE, Ms. NORTON, Ms. JACOBS of California, Mr. SCHNEIDER, Mr. LIEU, Ms. WILSON of Florida, Mr. MCNERNEY, Mr. SCHIFF, Ms. MCCOLLUM, Mrs. DEMINGS, Mr. GREEN of Texas, Mr. SUOZZI, Ms. NEWMAN, Mr. EVANS, Mrs. CAROLYN B. MALONEY of New York, Mr. MEEKS, Mr. BROWN, Ms. WILLIAMS of Georgia, Mr. NEGUSE, Mr. BEYER, Mr. SWALWELL, Mr. TRONE, Ms. LOIS FRANKEL of Florida, Mr. PALLONE, Mr. GARAMENDI, Ms. TITUS, Mr. DANNY K. DAVIS of Illinois, Ms. MATSUI, Mr. CICILLINE, Ms. ROSS, Mr. JONES, Mr. VEASEY, Mr. BLUMENAUER, Mr. JOHNSON of Georgia, and Ms. PLASKETT) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Armed Services, Education and Labor, House Administration, Financial Services, Natural Resources, Oversight and Reform, Foreign Affairs, Homeland Security, Intelligence (Permanent Select), and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1177 IH A BILL To provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This Act may be cited as the 5 ‘‘U.S. Citizenship Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Terminology with respect to noncitizens. TITLE I—EARNED PATH TO CITIZENSHIP AND OTHER REFORMS Subtitle A—Earned Path to Citizenship Sec. 1101. Lawful prospective immigrant status. Sec. 1102. Adjustment of status of lawful prospective immigrants. Sec. 1103. The Dream Act. Sec. 1104. The American Promise Act. Sec. 1105. The Agricultural Workers Adjustment Act. Sec. 1106. General provisions relating to adjustment of status. Subtitle B—Other Reforms Sec. 1201. V nonimmigrant visas. Sec. 1202. Expungement and sentencing. Sec. 1203. Petty offenses. Sec. 1204. Restoring fairness to adjudications. Sec. 1205. Judicial review. Sec. 1206. Modifications to naturalization provisions. Sec. 1207. Relief for long-term legal residents of the Commonwealth of the Northern Mariana Islands. Sec. 1208. Government contracting and acquisition of real property interest. Sec. 1209. Conforming amendments to the Social Security Act. TITLE II—ADDRESSING THE ROOT CAUSES OF MIGRATION AND RESPONSIBLY MANAGING THE SOUTHERN BORDER VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1177 IH Sec. 2001. Definitions. Subtitle A—Promoting the Rule of Law, Security, and Economic Development in Central America Sec. 2101. United States Strategy for Engagement in Central America. Sec. 2102. Securing support of international donors and partners. Sec. 2103. Combating corruption, strengthening the rule of law, and consolidating democratic governance. Sec. 2104. Combating criminal violence and improving citizen security. Sec. 2105. Combating sexual, gender-based, and domestic violence. Sec. 2106. Tackling extreme poverty and advancing economic development. Sec. 2107. Authorization of appropriations for United States Strategy for Engagement in Central America. Subtitle B—Addressing Migration Needs by Strengthening Regional Humanitarian Responses for Refugees and Asylum Seekers in the Western Hemisphere and Strengthening Repatriation Initiatives Sec. 2201. Expanding refugee and asylum processing in the Western Hemisphere. Sec. 2202. Further strengthening regional humanitarian responses in the Western Hemisphere. Sec. 2203. Information campaign on dangers of irregular migration. Sec. 2204. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States. Sec. 2205. Registration and intake. Sec. 2206. Central American Refugee Program. Sec. 2207. Central American Minors Program. Sec. 2208. Central American Family Reunification Parole Program. Sec. 2209. Informational campaign; case status hotline. Subtitle C—Managing the Border and Protecting Border Communities Sec. 2301. Expediting legitimate trade and travel at ports of entry. Sec. 2302. Deploying smart technology at the southern border. Sec. 2303. Independent oversight on privacy rights. Sec. 2304. Training and continuing education. Sec. 2305. GAO study of waiver of environmental and other laws. Sec. 2306. Establishment of Border Community Stakeholder Advisory Committee. Sec. 2307. Rescue beacons. Sec. 2308. Use of force. Sec. 2309. Office of Professional Responsibility. Subtitle D—Improving Border Infrastructure for Families and Children; Cracking Down on Criminal Organizations Sec. 2401. Humanitarian and medical standards for individuals in U.S. Customs and Border Protection custody. Sec. 2402. Child welfare at the border. Sec. 2403. Office of Inspector General oversight. Sec. 2404. Enhanced investigation and prosecution of human smuggling networks and trafficking organizations. Sec. 2405. Enhanced penalties for organized smuggling schemes. Sec. 2406. Expanding financial sanctions on narcotics trafficking and money laundering. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1177 IH Sec. 2407. Support for transnational anti-gang task forces for countering criminal gangs. Sec. 2408. Hindering immigration, border, and customs controls. TITLE III—REFORM OF THE IMMIGRANT VISA SYSTEM Subtitle A—Promoting Family Reunification Sec. 3101. Recapture of immigrant visas lost to bureaucratic delay. Sec. 3102. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives. Sec. 3103. Adjustment of family-sponsored per-country limits. Sec. 3104. Promoting family unity. Sec. 3105. Relief for orphans, widows, and widowers. Sec. 3106. Exemption from immigrant visa limit for certain veterans who are natives of the Philippines. Sec. 3107. Fiance´e or fiance´ child status protection. Sec. 3108. Retention of priority dates. Sec. 3109. Inclusion of permanent partners. Sec. 3110. Definition of child. Sec. 3111. Termination of conditional permanent resident status for certain noncitizen permanent partners and sons and daughters upon finding qualifying permanent partnership improper. Sec. 3112. Nationality at birth. Subtitle B—National Origin-Based Antidiscrimination for Nonimmigrants Sec. 3201. Expansion of nondiscrimination provision. Sec. 3202. Transfer and limitations on authority to suspend or restrict the entry of a class of noncitizens. Subtitle C—Diversity Immigrants Sec. 3301. Increasing diversity visas. Subtitle D—Reforming Employment-Based Immigration Sec. 3401. Doctoral STEM graduates from accredited United States universities. Sec. 3402. Addressing visa backlogs. Sec. 3403. Eliminating employment-based per country levels. Sec. 3404. Increased immigrant visas for other workers. Sec. 3405. Flexible adjustments to employment-based immigrant visa program. Sec. 3406. Regional Economic Development Immigrant Visa Pilot Program. Sec. 3407. Wage-based consideration of temporary workers. Sec. 3408. Clarifying dual intent for postsecondary students. Sec. 3409. H–4 visa reform. Sec. 3410. Extensions related to pending petitions. Subtitle E—Promoting Immigrant and Refugee Integration Sec. 3501. Definition of Foundation. Sec. 3502. United States Citizenship and Integration Foundation. Sec. 3503. Pilot program to promote immigrant integration at State and local levels. Sec. 3504. English as a Gateway to Integration grant program. Sec. 3505. Workforce Development and Shared Prosperity grant program. Sec. 3506. Existing citizenship education grants. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 1177 IH Sec. 3507. Grant program to assist eligible applicants. Sec. 3508. Study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries. Sec. 3509. In-State tuition rates for refugees, asylees, and certain special immigrants. Sec. 3510. Waiver of English requirement for senior new Americans. Sec. 3511. Naturalization for certain United States high school graduates. Sec. 3512. Naturalization ceremonies. Sec. 3513. National citizenship promotion program. Sec. 3514. Authorization of appropriations for Foundation and pilot program. TITLE IV—IMMIGRATION COURTS, FAMILY VALUES, AND VULNERABLE INDIVIDUALS Subtitle A—Promoting Efficient Processing of Asylum Seekers, Addressing Immigration Court Backlogs, and Efficiently Repatriating Migrants Ordered Removed Sec. 4101. Expanding alternatives to detention. Sec. 4102. Eliminating immigration court backlogs. Sec. 4103. Improved training for immigration judges and members of the Board of Immigration Appeals. Sec. 4104. New technology to improve court efficiency. Sec. 4105. Court appearance compliance and legal orientation. Sec. 4106. Improving court efficiency and reducing costs by increasing access to legal information. Sec. 4107. Facilitating safe and efficient repatriation. Subtitle B—Protecting Family Values and Monitoring and Caring for Unaccompanied Noncitizen Children After Arrival Sec. 4201. Definition of local educational agency. Sec. 4202. Responsibility of sponsor for immigration court compliance and child well-being. Sec. 4203. Funding to school districts for unaccompanied noncitizen children. Sec. 4204. School enrollment. Subtitle C—Admission and Protection of Refugees, Asylum Seekers, and Other Vulnerable Individuals Sec. 4301. Elimination of time limits on asylum applications. Sec. 4302. Increasing annual numerical limitation on U visas. Sec. 4303. Employment authorization for asylum seekers and other individuals. Sec. 4304. Enhanced protection for individuals seeking T visas, U visas, and protection under VAWA. Sec. 4305. Alternatives to detention. Sec. 4306. Notification of proceedings. Sec. 4307. Conversion of certain petitions. Sec. 4308. Improvements to application process for Afghan special immigrant visas. Sec. 4309. Special immigrant status for certain surviving spouses and children. Sec. 4310. Special immigrant status for certain Syrians who worked for the United States Government in Syria. Sec. 4311. Authorization of appropriations. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 1177 IH TITLE V—EMPLOYMENT AUTHORIZATION AND PROTECTING WORKERS FROM EXPLOITATION Sec. 5101. Commission on Employment Authorization. Sec. 5102. Power Act. Sec. 5103. Additional civil penalty. Sec. 5104. Continued application of workforce and labor protection remedies. Sec. 5105. Prohibition on discrimination based on national origin or citizenship status. Sec. 5106. Fairness for farmworkers. Sec. 5107. Protections for migrant and seasonal laborers. Sec. 5108. Directive to the United States Sentencing Commission. Sec. 5109. Labor Law Enforcement Fund. 1 SEC. 2. DEFINITIONS. 2 In this Act: 3 (1) IN GENERAL.—Any term used in this Act 4 that is used in the immigration laws shall have the 5 meaning given such term in the immigration laws. 6 (2) IMMIGRATION LAWS.—The term ‘‘immigra7 tion laws’’ has the meaning given the term in section 8 101(a) of the Immigration and Nationality Act (8 9 U.S.C. 1101(a)). 10 (3) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of Homeland Security. 12 SEC. 3. TERMINOLOGY WITH RESPECT TO NONCITIZENS. 13 (a) IMMIGRATION AND NATIONALITY ACT.— 14 (1) IN GENERAL.—The Immigration and Na15 tionality Act (8 U.S.C. 1101 et seq.) is amended— 16 (A) in section 101(a) (8 U.S.C. 1101(a))— 17 (i) by striking paragraph (3) and in18 serting the following: VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 1177 IH 1 ‘‘(3) NONCITIZEN.—The term ‘noncitizen’ means any 2 person not a citizen or national of the United States.’’; 3 and 4 (ii) by adding at the end the fol5 lowing: 6 ‘‘(53) NONCITIZENSHIP.—The term ‘noncitizenship’ 7 means the condition of being a noncitizen.’’; 8 (B) by striking ‘‘an alien’’ each place it ap9 pears and inserting ‘‘a noncitizen’’; 10 (C) by striking ‘‘An alien’’ each place it 11 appears and inserting ‘‘A noncitizen’’; 12 (D) by striking ‘‘alien’’ each place it ap13 pears and inserting ‘‘noncitizen’’; 14 (E) by striking ‘‘aliens’’ each place it ap15 pears and inserting ‘‘noncitizens’’; 16 (F) by striking ‘‘alien’s’’ each place it ap17 pears and inserting ‘‘noncitizen’s’’; and 18 (G) by striking ‘‘alienage’’ each place it 19 appears and inserting ‘‘noncitizenship’’. 20 (2) HEADINGS.—The Immigration and Nation21 ality Act (8 U.S.C. 1101 et seq.) is amended— 22 (A) in the title and chapter headings— 23 (i) by striking ‘‘ALIEN’’ each place 24 it appears and inserting ‘‘NONCIT25 IZEN’’; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 1177 IH 1 (ii) by striking ‘‘ALIENS’’ each 2 place it appears and inserting ‘‘NON3 CITIZENS’’; 4 (B) in the section headings— 5 (i) by striking ‘‘ALIEN’’ each place it 6 appears and inserting ‘‘NONCITIZEN’’; 7 (ii) by striking ‘‘ALIENS’’ each place 8 it appears and inserting ‘‘NONCITIZENS’’; 9 and 10 (iii) by striking ‘‘ALIENAGE’’ each 11 place it appears and inserting ‘‘NONCITI12 ZENSHIP’’; 13 (C) in the subsection headings— 14 (i) by striking ‘‘ALIEN’’ each place it 15 appears and inserting ‘‘NONCITIZEN’’; and 16 (ii) by striking ‘‘ALIENS’’ each place it 17 appears and inserting ‘‘NONCITIZENS’’; 18 and 19 (D) in the paragraph, subparagraph, 20 clause, subclause, item, and subitem headings— 21 (i) by striking ‘‘ALIEN’’ each place it 22 appears and inserting ‘‘NONCITIZEN’’; 23 (ii) by striking ‘‘ALIEN’’ each place it 24 appears and inserting ‘‘NONCITIZEN’’; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 1177 IH 1 (iii) by striking ‘‘ALIENS’’ each place 2 it appears and inserting ‘‘NONCITIZENS’’; 3 and 4 (iv) by striking ‘‘ALIENS’’ each place 5 it appears and inserting ‘‘NONCITIZENS’’. 6 (3) TABLE OF CONTENTS.—The table of con7 tents for the Immigration and Nationality Act (8 8 U.S.C. 1101 et seq.) is amended— 9 (A) by striking the item relating to title V 10 and inserting the following: ‘‘TITLE V—NONCITIZEN TERRORIST REMOVAL PROCEDURES’’; 11 and 12 (B) in the items relating to the chapters 13 and sections— 14 (i) by striking ‘‘Alien’’ each place it 15 appears and inserting ‘‘Noncitizen’’; 16 (ii) by striking ‘‘Aliens’’ each place it 17 appears and inserting ‘‘Noncitizens’’; 18 (iii) by striking ‘‘alien’’ each place it 19 appears and inserting ‘‘noncitizen’’; 20 (iv) by striking ‘‘aliens’’ each place it 21 appears and inserting ‘‘noncitizens’’; and 22 (v) by striking ‘‘alienage’’ each place 23 it appears and inserting ‘‘noncitizenship’’. 24 (b) UNACCOMPANIED NONCITIZEN CHILDREN.—Sec25 tion 462 of the Homeland Security Act of 2002 (6 U.S.C. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 1177 IH 1 279) is amended by striking ‘‘alien’’ each place it appears 2 and inserting ‘‘noncitizen’’. 3 (c) REFERENCES TO ALIENS.—With respect to a per4 son who is not a citizen or national of the United States, 5 any reference in Federal law, Federal regulation, or any 6 written instrument issued by the executive branch of the 7 Government to an alien shall be deemed to refer to a non8 citizen (as defined in section 101(a) of the Immigration 9 and Nationality Act, as amended by subsection (a)(1)). 10 TITLE I—EARNED PATH TO CITI11 ZENSHIP AND OTHER RE12 FORMS 13 Subtitle A—Earned Path to 14 Citizenship 15 SEC. 1101. LAWFUL PROSPECTIVE IMMIGRANT STATUS. 16 (a) IN GENERAL.—Chapter 5 of title II of the Immi17 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 18 amended by inserting after section 245A the following: 19 ‘‘SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE EN20 TRANTS TO THAT OF LAWFUL PROSPECTIVE 21 IMMIGRANT. 22 ‘‘(a) REQUIREMENTS.—Notwithstanding any other 23 provision of law, the Secretary may grant lawful prospec24 tive immigrant status to a noncitizen who— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 1177 IH 1 ‘‘(1) satisfies the eligibility requirements set 2 forth in section 245G(b), including all criminal and 3 national security background checks and the pay4 ment of all applicable fees; and 5 ‘‘(2) submits an application pursuant to the 6 procedures under section 245G(b)(1). 7 ‘‘(b) SPOUSES AND CHILDREN.—The requirement in 8 paragraph (2) subsection (a) shall not apply to a noncit9 izen who is the spouse or child of a noncitizen who satisfies 10 all requirements of that subsection. 11 ‘‘(c) DURATION OF STATUS AND EXTENSION.—The 12 initial period of authorized admission for a lawful prospec13 tive immigrant— 14 ‘‘(1) shall remain valid for 6 years, unless re15 voked pursuant to subsection 245G(g)(4); and 16 ‘‘(2) may be extended for additional 6-year 17 terms if— 18 ‘‘(A) the noncitizen remains eligible for 19 lawful prospective immigrant status; 20 ‘‘(B) the noncitizen has successfully passed 21 the background checks described in section 22 245G(d)(3); and 23 ‘‘(C) such status was not revoked by the 24 Secretary. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 1177 IH 1 ‘‘(d) EVIDENCE OF LAWFUL PROSPECTIVE IMMI2 GRANT STATUS.— 3 ‘‘(1) IN GENERAL.—The Secretary shall issue 4 documentary evidence of lawful prospective immi5 grant status to each noncitizen, including the prin6 cipal applicant and any spouse or child included in 7 the application, whose application for such status 8 has been approved. 9 ‘‘(2) DOCUMENTATION FEATURES.—Documen10 tary evidence issued under paragraph (1) shall— 11 ‘‘(A) comply with the requirements of sec12 tion 245G(g)(3)(C); and 13 ‘‘(B) specify a period of validity of 6 years 14 beginning on the date of issuance. 15 ‘‘(e) TERMS AND CONDITIONS OF LAWFUL PROSPEC16 TIVE IMMIGRANT STATUS.— 17 ‘‘(1) IN GENERAL.—A noncitizen granted lawful 18 prospective immigrant status under this section shall 19 be considered lawfully present in the United States 20 for all purposes while such noncitizen remains in 21 such status, except that the noncitizen— 22 ‘‘(A) is not entitled to the premium assist23 ance tax credit authorized under section 36B of 24 the Internal Revenue Code of 1986 for his or 25 her health insurance coverage; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 1177 IH 1 ‘‘(B) shall be subject to the rules applica2 ble to individuals not lawfully present that are 3 set forth in subsection (e) of that section; 4 ‘‘(C) shall be subject to the rules applicable 5 to individuals not lawfully present that are set 6 forth in section 1402(e) of the Patient Protec7 tion and Affordable Care Act (42 U.S.C. 8 18071); and 9 ‘‘(D) shall be subject to the rules applica10 ble to individuals not lawfully present set forth 11 in section 5000A(d)(3) of the Internal Revenue 12 Code of 1986. 13 ‘‘(2) ELIGIBILITY FOR COVERAGE UNDER A 14 QUALIFIED HEALTH PLAN.—Notwithstanding section 15 1312(f)(3) of the Patient Protection and Affordable 16 Care Act (42 U.S.C. 18032(f)(3)), a lawful prospec17 tive immigrant shall be treated as a qualified indi18 vidual under section 1312 of that Act if the lawful 19 prospective immigrant meets the requirements under 20 subsection (f)(1) of that section. 21 ‘‘(3) EMPLOYMENT.—Notwithstanding any 22 other provision of law, including section 241(a)(7), 23 a lawful prospective immigrant shall be authorized 24 to be employed in the United States while in such 25 status. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 14 •HR 1177 IH 1 ‘‘(4) TRAVEL OUTSIDE THE UNITED STATES.— 2 A lawful prospective immigrant may travel outside of 3 the United States and may be admitted, if otherwise 4 admissible, upon returning to the United States 5 without having to obtain a visa if— 6 ‘‘(A) the lawful prospective immigrant is in 7 possession of— 8 ‘‘(i) valid, unexpired documentary evi9 dence of lawful prospective immigrant sta10 tus; or 11 ‘‘(ii) a travel document, duly approved 12 by the Secretary, that was issued to the 13 lawful prospective immigrant after the law14 ful prospective immigrant’s original docu15 mentary evidence was lost, stolen, or de16 stroyed; 17 ‘‘(B) the lawful prospective immigrant’s 18 absences from the United States do not exceed 19 180 days, in the aggregate, in any calendar 20 year, unless— 21 ‘‘(i) the lawful prospective immi22 grant’s absences were authorized by the 23 Secretary; or 24 ‘‘(ii) the lawful prospective immi25 grant’s failure to timely return was due to VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 15 •HR 1177 IH 1 circumstances beyond the noncitizen’s con2 trol; 3 ‘‘(C) the lawful prospective immigrant 4 meets the requirements for an extension as de5 scribed in subsection (c)(2); and 6 ‘‘(D) the lawful prospective immigrant es7 tablishes that the lawful prospective immigrant 8 is not inadmissible under subparagraph (A)(i), 9 (A)(iii), (B), or (C) of section 212(a)(3). 10 ‘‘(5) ASSIGNMENT OF SOCIAL SECURITY NUM11 BER.— 12 ‘‘(A) IN GENERAL.—The Commissioner of 13 Social Security (referred to in this paragraph as 14 the ‘Commissioner’), in coordination with the 15 Secretary, shall implement a system to allow for 16 the assignment of a Social Security number and 17 the issuance of a Social Security card to each 18 lawful prospective immigrant. 19 ‘‘(B) INFORMATION SHARING.— 20 ‘‘(i) IN GENERAL.—The Secretary 21 shall provide the Commissioner with infor22 mation from the applications submitted by 23 noncitizens granted lawful prospective im24 migrant status under this section and such 25 other information as the Commissioner VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 16 •HR 1177 IH 1 considers necessary to assign a Social Se2 curity account number to such noncitizens. 3 ‘‘(ii) USE OF INFORMATION.—The 4 Commissioner may use information re5 ceived from the Secretary under this sub6 paragraph— 7 ‘‘(I) to assign Social Security ac8 count numbers to lawful prospective 9 immigrants; and 10 ‘‘(II) to administer the programs 11 of the Social Security Administration. 12 ‘‘(iii) LIMITATION.—The Commis13 sioner may maintain, use, and disclose 14 such information only as permitted under 15 section 552a of title 5, United States Code 16 (commonly known as the Privacy Act of 17 1974), and other applicable Federal law.’’. 18 (b) ENLISTMENT IN THE ARMED FORCES.—Section 19 504(b)(1) of title 10, United States Code, is amended by 20 adding at the end the following: 21 ‘‘(D) A noncitizen who has been granted 22 lawful prospective immigrant status under sec23 tion 245B of the Immigration and Nationality 24 Act.’’. 25 (c) TECHNICAL AND CONFORMING AMENDMENTS.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 17 •HR 1177 IH 1 (1) TABLE OF CONTENTS.—The table of con2 tents for the Immigration and Nationality Act (8 3 U.S.C. 1101 et seq.) is amended by inserting after 4 the item relating to section 245A the following: ‘‘Sec. 245B. Adjustment of status of eligible entrants to that of lawful prospective immigrant.’’. 5 (2) DEFINITION OF LAWFUL PROSPECTIVE IM6 MIGRANT.—Section 101(a) of the Immigration and 7 Nationality Act (8 U.S.C. 1101(a)), as amended by 8 section 3, is further amended by adding at the end 9 the following: 10 ‘‘(54) LAWFUL PROSPECTIVE IMMIGRANT.—The 11 term ‘lawful prospective immigrant’ means a noncitizen 12 granted lawful prospective immigrant status under section 13 245B.’’. 14 SEC. 1102. ADJUSTMENT OF STATUS OF LAWFUL PROSPEC15 TIVE IMMIGRANTS. 16 (a) IN GENERAL.—Chapter 5 of title II of the Immi17 gration and Nationality Act (8 U.S.C. 1255 et seq.), as 18 amended by section 1101, is further amended by inserting 19 after section 245B the following: 20 ‘‘SEC. 245C. ADJUSTMENT OF STATUS OF LAWFUL PRO21 SPECTIVE IMMIGRANTS. 22 ‘‘(a) REQUIREMENTS.—Notwithstanding any other 23 provision of law, the Secretary may adjust the status of VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 18 •HR 1177 IH 1 a lawful prospective immigrant to that of a lawful perma2 nent resident if the lawful prospective immigrant— 3 ‘‘(1) subject to subsection (b), satisfies the eli4 gibility requirements set forth in section 245G(b), 5 including all criminal and national security back6 ground checks and the payment of all applicable 7 fees; 8 ‘‘(2) submits an application pursuant to the 9 procedures under section 245G(b)(1); 10 ‘‘(3) has been a lawful prospective immigrant 11 for not less than 5 years; 12 ‘‘(4) remains eligible for such status; 13 ‘‘(5) establishes, to the satisfaction of the Sec14 retary, that the lawful prospective immigrant has 15 not been continuously absent from the United States 16 for more than 180 days in any calendar year during 17 the period of admission as a lawful prospective im18 migrant, unless the lawful prospective immigrant’s 19 absence was— 20 ‘‘(A) authorized by the Secretary; or 21 ‘‘(B) due to circumstances beyond the law22 ful prospective immigrant’s control; and 23 ‘‘(6) has satisfied any applicable Federal tax li24 ability. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 19 •HR 1177 IH 1 ‘‘(b) PREVIOUS WAIVERS.—For purposes of this sec2 tion, any ground of inadmissibility under section 212(a) 3 that was previously waived for a noncitizen, or made inap4 plicable under any section of this Act, shall not apply. 5 ‘‘(c) DEMONSTRATION OF COMPLIANCE.—An appli6 cant may demonstrate compliance with subsection (a)(6) 7 by submitting appropriate documentation, in accordance 8 with regulations promulgated by the Secretary, in con9 sultation with the Secretary of the Treasury. 10 ‘‘(d) APPLICABLE FEDERAL TAX LIABILITY DE11 FINED.—In this section, the term ‘applicable Federal tax 12 liability’ means all Federal income taxes assessed in ac13 cordance with section 6203 of the Internal Revenue Code 14 of 1986.’’. 15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 16 (1) TABLE OF CONTENTS.—The table of con17 tents for the Immigration and Nationality Act (8 18 U.S.C. 1101 et seq.), as amended by section 1101, 19 is further amended by inserting after the item relat20 ing to section 245B the following: ‘‘Sec. 245C. Adjustment of status of lawful prospective immigrants.’’. 21 (2) DEFINITION OF LAWFUL PERMANENT RESI22 DENT.—Section 101(a) of the Immigration and Na23 tionality Act (8 U.S.C. 1101(a)), as amended by sec24 tion 1101, is further amended by adding at the end 25 the following: VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 20 •HR 1177 IH 1 ‘‘(55) LAWFUL PERMANENT RESIDENT.—The term 2 ‘lawful permanent resident’ means a noncitizen lawfully 3 admitted for permanent residence.’’. 4 SEC. 1103. THE DREAM ACT. 5 (a) IN GENERAL.—Chapter 5 of title II of the Immi6 gration and Nationality Act (8 U.S.C. 1255 et seq.), as 7 amended by section 1102, is further amended by inserting 8 after section 245C the following: 9 ‘‘SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN NON10 CITIZENS WHO ENTERED THE UNITED 11 STATES AS CHILDREN. 12 ‘‘(a) REQUIREMENTS.—Notwithstanding any other 13 provision of law, the Secretary may grant lawful perma14 nent resident status to a noncitizen if the noncitizen— 15 ‘‘(1) satisfies the eligibility requirements set 16 forth in section 245G(b), including all criminal and 17 national security background checks and the pay18 ment of all applicable fees; 19 ‘‘(2) submits an application pursuant to the 20 procedures under section 245G(b)(1); 21 ‘‘(3) was younger than 18 years of age on the 22 date on which the noncitizen initially entered the 23 United States; 24 ‘‘(4) has earned a high school diploma, a com25 mensurate alternative award from a public or private VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 21 •HR 1177 IH 1 high school or secondary school, a general education 2 development certificate recognized under State law, 3 or a high school equivalency diploma in the United 4 States; 5 ‘‘(5)(A) has obtained a degree from an institu6 tion of higher education, or has completed at least 7 2 years, in good standing, of a program in the 8 United States leading to a bachelor’s degree or high9 er degree or a recognized postsecondary credential 10 from an area career and technical education school 11 providing education at the postsecondary level; 12 ‘‘(B) has served in the uniformed services for 13 not less than 2 years and, if discharged, received an 14 honorable discharge; or 15 ‘‘(C) demonstrates earned income for periods 16 totaling not less than 3 years and not less than 75 17 percent of the time that the noncitizen has had valid 18 employment authorization, except that, in the case 19 of a noncitizen who was enrolled in an institution of 20 higher education or an area career and technical 21 education school to obtain a recognized postsec22 ondary credential, the Secretary shall reduce such 23 total 3-year requirement by the total of such periods 24 of enrollment; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 22 •HR 1177 IH 1 ‘‘(6) establishes that the noncitizen has reg2 istered under the Military Selective Service Act (50 3 U.S.C. 3801 et seq.), if the noncitizen is subject to 4 registration under that Act. 5 ‘‘(b) WAIVER.—The Secretary may waive the require6 ment under subsection (a)(5) if the noncitizen dem7 onstrates compelling circumstances for the noncitizen’s in8 ability to satisfy such requirement. 9 ‘‘(c) SPOUSES AND CHILDREN.—The requirements in 10 paragraphs (2) through (6) of subsection (a) shall not 11 apply to a noncitizen who is the spouse or child of a non12 citizen who satisfies all requirements of that subsection. 13 ‘‘(d) SPECIAL PROCEDURE FOR APPLICANTS WITH 14 DACA.—The Secretary shall establish a streamlined pro15 cedure for noncitizens who— 16 ‘‘(1) have been granted Deferred Action for 17 Childhood Arrivals pursuant to the memorandum of 18 the Department of Homeland Security entitled ‘Ex19 ercising Prosecutorial Discretion with Respect to In20 dividuals Who Came to the United States as Chil21 dren’ issued on June 15, 2012 (referred to in this 22 section as ‘DACA’); and 23 ‘‘(2) meet the requirements for renewal of 24 DACA to apply for adjustment of status to that of 25 a lawful permanent resident. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 23 •HR 1177 IH 1 ‘‘(e) TREATMENT OF INDIVIDUALS GRANTED DACA 2 AND INDIVIDUALS WHO ADJUST STATUS UNDER THIS 3 SECTION.— 4 ‘‘(1) PRE-EXISTING CONDITION INSURANCE 5 PLAN PROGRAM.—The interim final rule of the De6 partment of Health and Human Services entitled 7 ‘Pre-Existing Condition Insurance Plan Program’ 8 (77 Fed. Reg. 52614 (August 30, 2012)) shall have 9 no force or effect. 10 ‘‘(2) APPLICABLE DEFINITION OF LAWFULLY 11 PRESENT.—In determining whether an individual is 12 lawfully present for purposes of determining whether 13 the individual is lawfully residing in the United 14 States under section 1903(v)(4) of the Social Secu15 rity Act (42 U.S.C. 1396b(v)(4)), the definition of 16 ‘lawfully present’ under section 152.2 of title 45, 17 Code of Federal Regulations (or any successor regu18 lation) shall be applied. 19 ‘‘(3) INAPPLICABILITY OF LIMITATION ON FED20 ERAL MEANS-TESTED PUBLIC BENEFITS.— 21 ‘‘(A) IN GENERAL.—Notwithstanding any 22 other provision of law, except as provided in 23 subparagraph (B), with respect to eligibility for 24 any benefit under title XIX or XXI of the So25 cial Security Act (42 U.S.C. 1396 et seq. or VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 24 •HR 1177 IH 1 1397aa et seq.), the limitation under section 2 403(a) of the Personal Responsibility and Work 3 Opportunity Reconciliation Act of 1996 (8 4 U.S.C. 1613(a)) shall not apply to an individual 5 who adjusts status under this section. 6 ‘‘(B) EXCEPTION.—The limitation de7 scribed in subparagraph (A) shall apply to an 8 individual who was eligible to adjust status only 9 by virtue of subsection (c). 10 ‘‘(f) INSTITUTION OF HIGHER EDUCATION DE11 FINED.—In this section, the term ‘institution of higher 12 education’ has the meaning given such term in section 102 13 of the Higher Education Act of 1965 (20 U.S.C. 1002), 14 except that the term does not include institutions de15 scribed in subsection (a)(1)(C) of such section.’’. 16 (b) COMPENSATION FOR OFFICERS OR EMPLOYEES 17 OF THE UNITED STATES.—Section 704 of title VII of di18 vision E of the Consolidated Appropriations Act, 2018 19 (Public Law 115–141; 132 Stat. 588) is amended— 20 (1) in paragraph (3), by striking ‘‘; or’’ and in21 serting a semicolon; and 22 (2) in paragraph (4), by inserting ‘‘; or (5) is 23 a person who is employed by the House of Rep24 resentatives or the Senate, and has been issued an VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 25 •HR 1177 IH 1 employment authorization document under DACA’’ 2 after ‘‘United States’’. 3 (c) RESTORATION OF STATE OPTION TO DETERMINE 4 RESIDENCY FOR PURPOSES OF HIGHER EDUCATION.— 5 (1) REPEAL.—Section 505 of the Illegal Immi6 gration Reform and Immigrant Responsibility Act of 7 1996 (8 U.S.C. 1623) is repealed. 8 (2) EFFECTIVE DATE.—The repeal under para9 graph (1) shall take effect as if included in the origi10 nal enactment of the Illegal Immigration Reform 11 and Immigrant Responsibility Act of 1996 (division 12 C of Public Law 104–208). 13 (d) FEDERAL HOUSING ADMINISTRATION INSUR14 ANCE OF MORTGAGES.—Section 203 of the National 15 Housing Act (12 U.S.C. 1709) is amended by inserting 16 after subsection (h) the following: 17 ‘‘(i) DACA RECIPIENT ELIGIBILITY.— 18 ‘‘(1) DACA RECIPIENT DEFINED.—In this sub19 section, the term ‘DACA recipient’ means a noncit20 izen who, at any time before, on, or after the date 21 of enactment of this subsection, is or was subject to 22 a grant of deferred action pursuant to the Depart23 ment of Homeland Security memorandum entitled 24 ‘Exercising Prosecutorial Discretion with Respect to VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 26 •HR 1177 IH 1 Individuals Who Came to the United States as Chil2 dren’ issued on June 15, 2012. 3 ‘‘(2) PROHIBITION.—The Secretary may not— 4 ‘‘(A) prescribe terms that limit the eligi5 bility of a single family mortgage for insurance 6 under this title because of the status of the 7 mortgagor as a DACA recipient; or 8 ‘‘(B) issue any limited denial of participa9 tion in the program for such insurance because 10 of the status of the mortgagor as a DACA re11 cipient. 12 ‘‘(3) EXEMPTION.— 13 ‘‘(A) DENIAL FOR FAILURE TO SATISFY 14 VALID ELIGIBILITY REQUIREMENTS.—Nothing 15 in this title prohibits the denial of insurance 16 based on failure to satisfy valid eligibility re17 quirements. 18 ‘‘(B) INVALID ELIGIBILITY REQUIRE19 MENTS.—Valid eligibility requirements do not 20 include criteria that were adopted with the pur21 pose of denying eligibility for insurance because 22 of race, color, religion, sex, familial status, na23 tional origin, disability, or the status of a mort24 gagor as a DACA recipient.’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 27 •HR 1177 IH 1 (e) RURAL HOUSING SERVICE.—Section 501 of the 2 Housing Act of 1949 (42 U.S.C. 1471) is amended by 3 adding at the end the following: 4 ‘‘(k) DACA RECIPIENT ELIGIBILITY.— 5 ‘‘(1) DACA RECIPIENT DEFINED.—In this sub6 section, the term ‘DACA recipient’ means a noncit7 izen who, at any time before, on, or after the date 8 of enactment of this subsection, is or was subject to 9 a grant of deferred action pursuant to the Depart10 ment of Homeland Security memorandum entitled 11 ‘Exercising Prosecutorial Discretion with Respect to 12 Individuals Who Came to the United States as Chil13 dren’ issued on June 15, 2012. 14 ‘‘(2) PROHIBITION.—The Secretary may not 15 prescribe terms that limit eligibility for a single fam16 ily mortgage made, insured, or guaranteed under 17 this title because of the status of the mortgagor as 18 a DACA recipient.’’. 19 (f) FANNIE MAE.—Section 302(b) of the National 20 Housing Act (12 U.S.C. 1717(b)) is amended by adding 21 at the end the following: 22 ‘‘(8) DACA RECIPIENT ELIGIBILITY.— 23 ‘‘(A) DACA RECIPIENT DEFINED.—In this 24 paragraph, the term ‘DACA recipient’ means a 25 noncitizen who, at any time before, on, or after VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 28 •HR 1177 IH 1 the date of enactment of this paragraph, is or 2 was subject to a grant of deferred action pursu3 ant to the Department of Homeland Security 4 memorandum entitled ‘Exercising Prosecutorial 5 Discretion with Respect to Individuals Who 6 Came to the United States as Children’ issued 7 on June 15, 2012. 8 ‘‘(B) PROHIBITION.—The corporation may 9 not condition purchase of a single-family resi10 dence mortgage by the corporation under this 11 subsection on the status of the borrower as a 12 DACA recipient.’’. 13 (g) FREDDIE MAC.—Section 305(a) of the Federal 14 Home Loan Mortgage Corporation Act (12 U.S.C. 15 1454(a)) is amended by adding at the end the following: 16 ‘‘(6) DACA RECIPIENT ELIGIBILITY.— 17 ‘‘(A) DACA RECIPIENT DEFINED.—In this 18 paragraph, the term ‘DACA recipient’ means a 19 noncitizen who, at any time before, on, or after 20 the date of enactment of this paragraph, is or 21 was subject to a grant of deferred action pursu22 ant to the Department of Homeland Security 23 memorandum entitled ‘Exercising Prosecutorial 24 Discretion with Respect to Individuals Who VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 29 •HR 1177 IH 1 Came to the United States as Children’ issued 2 on June 15, 2012. 3 ‘‘(B) PROHIBITION.—The Corporation may 4 not condition purchase of a single-family resi5 dence mortgage by the Corporation under this 6 subsection on the status of the borrower as a 7 DACA recipient.’’. 8 (h) TECHNICAL AND CONFORMING AMENDMENT.— 9 The table of contents for the Immigration and Nationality 10 Act (8 U.S.C. 1101 et seq.), as amended by section 1102, 11 is further amended by inserting after the item relating to 12 section 245C the following: ‘‘Sec. 245D. The Dream Act.’’. 13 SEC. 1104. THE AMERICAN PROMISE ACT. 14 (a) ADJUSTMENT OF STATUS FOR CERTAIN NATION15 ALS OF CERTAIN COUNTRIES DESIGNATED FOR TEM16 PORARY PROTECTED STATUS OR DEFERRED ENFORCED 17 DEPARTURE.—Chapter 5 of title II of the Immigration 18 and Nationality Act (8 U.S.C. 1255 et seq.), as amended 19 by section 1103, is further amended by inserting after sec20 tion 245D the following: VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 30 •HR 1177 IH 1 ‘‘SEC. 245E. ADJUSTMENT OF STATUS FOR CERTAIN NA2 TIONALS OF CERTAIN COUNTRIES DES3 IGNATED FOR TEMPORARY PROTECTED STA4 TUS OR DEFERRED ENFORCED DEPARTURE. 5 ‘‘(a) REQUIREMENTS.—Notwithstanding any other 6 provision of law, the Secretary may grant lawful perma7 nent resident status to a noncitizen if the noncitizen— 8 ‘‘(1) satisfies the eligibility requirements set 9 forth in section 245G(b), including all criminal and 10 national security background checks and the pay11 ment of all applicable fees; 12 ‘‘(2) submits an application pursuant to the 13 procedures under section 245G(b)(1); 14 ‘‘(3) subject to section 245G(b)(3)(B)(ii), has 15 been continuously physically present in the United 16 States since January 1, 2017; and 17 ‘‘(4)(A) is a national of a foreign state (or a 18 part thereof), or in the case of a noncitizen having 19 no nationality, is a person who last habitually re20 sided in such foreign state, with a designation under 21 section 244(b) on January 1, 2017, who had or was 22 otherwise eligible for temporary protected status on 23 such date notwithstanding subsections (c)(1)(A)(iv) 24 and (c)(3)(C) of that section; or 25 ‘‘(B) was eligible for deferred enforced depar26 ture as of January 1, 2017. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 31 •HR 1177 IH 1 ‘‘(b) SPOUSES AND CHILDREN.—The requirements of 2 paragraphs (2) through (4) of subsection (a) shall not 3 apply to a noncitizen who is the spouse or child of a non4 citizen who satisfies all the requirements of subsection 5 (a).’’. 6 (b) CLARIFICATION OF INSPECTION AND ADMISSION 7 UNDER TEMPORARY PROTECTED STATUS.—The Immi8 gration and Nationality Act (8 U.S.C. 1101 et seq.) is 9 amended— 10 (1) in section 244(f)(4) (8 U.S.C. 1254a(f)(4)), 11 by inserting ‘‘as having been inspected and admitted 12 to the United States’’ after ‘‘considered’’; and 13 (2) in section 245(c) (8 U.S.C. 1255(c)), in the 14 matter preceding paragraph (1), by inserting ‘‘or a 15 noncitizen granted temporary protected status under 16 section 244’’ after ‘‘self-petitioner’’. 17 (c) TECHNICAL AND CONFORMING AMENDMENT.— 18 The table of contents for the Immigration and Nationality 19 Act (8 U.S.C. 1101 et seq.), as amended by section 1103, 20 is further amended by inserting after the item relating to 21 section 245D the following: ‘‘Sec. 245E. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure.’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6211 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 32 •HR 1177 IH 1 SEC. 1105. THE AGRICULTURAL WORKERS ADJUSTMENT 2 ACT. 3 (a) IN GENERAL.—Chapter 5 of title II of the Immi4 gration and Nationality Act (8 U.S.C. 1255 et seq.), as 5 amended by section 1104, is further amended by inserting 6 after section 245E the following: 7 ‘‘SEC. 245F. ADJUSTMENT OF STATUS FOR AGRICULTURAL 8 WORKERS. 9 ‘‘(a) REQUIREMENTS.—Notwithstanding any other 10 provision of law, the Secretary may grant lawful perma11 nent resident status to a noncitizen if— 12 ‘‘(1) the noncitizen satisfies the eligibility re13 quirements set forth in section 245G(b), including 14 all criminal and national security background checks 15 and the payment of all applicable fees; and 16 ‘‘(2) submits an application pursuant to the 17 procedures under section 245G(b)(1); and 18 ‘‘(3) the Secretary determines that, during the 19 5-year period immediately preceding the date on 20 which the noncitizen submits an application under 21 this section, the noncitizen performed agricultural 22 labor or services for at least 2,300 hours or 400 23 work days. 24 ‘‘(b) SPOUSES AND CHILDREN.—The requirements of 25 paragraph (3) of subsection (a) shall not apply to a noncitVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 33 •HR 1177 IH 1 izen who is the spouse or child of a noncitizen who satisfies 2 all the requirements of that subsection. 3 ‘‘(c) AGRICULTURAL LABOR OR SERVICES DE4 FINED.—In this section, the term ‘agricultural labor or 5 services’ means— 6 ‘‘(1) agricultural labor or services (within the 7 meaning of the term in section 101(a)(15)(H)(ii)), 8 without regard to whether the labor or services are 9 of a seasonal or temporary nature; and 10 ‘‘(2) agricultural employment (as defined in sec11 tion 3 of the Migrant and Seasonal Agricultural 12 Worker Protection Act (29 U.S.C. 1802)), without 13 regard to whether the specific service or activity is 14 temporary or seasonal.’’. 15 (b) TECHNICAL AND CONFORMING AMENDMENT.— 16 The table of contents for the Immigration and Nationality 17 Act (8 U.S.C. 1101 et seq.), as amended by section 1104, 18 is further amended by inserting after the item relating to 19 section 245E the following: ‘‘Sec. 245F. Adjustment of status for agricultural workers.’’. 20 SEC. 1106. GENERAL PROVISIONS RELATING TO ADJUST21 MENT OF STATUS. 22 (a) IN GENERAL.—Chapter 5 of title II of the Immi23 gration and Nationality Act (8 U.S.C. 1255 et seq.), as 24 amended by section 1105, is further amended by inserting 25 after section 245E the following: VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 34 •HR 1177 IH 1 ‘‘SEC. 245G. GENERAL PROVISIONS RELATING TO ADJUST2 MENT OF STATUS. 3 ‘‘(a) APPLICABILITY.—Unless otherwise specified, 4 the provisions of this section shall apply to sections 245B, 5 245C, 245D, 245E, and 245F. 6 ‘‘(b) COMMON ELIGIBILITY REQUIREMENTS FOR AP7 PLICATIONS UNDER SECTIONS 245B, 245C, 245D, 245E, 8 AND 245F.—Unless otherwise specified, a noncitizen ap9 plying for status under section 245B, 245C, 245D, 245E, 10 or 245F shall satisfy the following requirements: 11 ‘‘(1) SUBMITTAL OF APPLICATION.—The non12 citizen shall submit a completed application to the 13 Secretary at such time, in such manner, and con14 taining such information as the Secretary shall re15 quire. 16 ‘‘(2) PAYMENT OF FEES.— 17 ‘‘(A) IN GENERAL.—A noncitizen who is 18 18 years of age or older shall pay to the De19 partment of Homeland Security a processing 20 fee in an amount determined by the Secretary. 21 ‘‘(B) RECOVERY OF COSTS.—The proc22 essing fee referred to in subparagraph (A) shall 23 be set at a level sufficient to recover the cost 24 of processing the application. 25 ‘‘(C) AUTHORITY TO LIMIT FEES.—The 26 Secretary may— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 35 •HR 1177 IH 1 ‘‘(i) limit the maximum processing fee 2 payable under this paragraph by a family; 3 and 4 ‘‘(ii) for good cause, exempt individual 5 applicants or defined classes of applicants 6 from the requirement to pay fees under 7 this paragraph. 8 ‘‘(D) DEPOSIT.—Fees collected under this 9 paragraph shall be deposited into the Immigra10 tion Examinations Fee Account pursuant to 11 section 286(m). 12 ‘‘(3) PHYSICAL PRESENCE.— 13 ‘‘(A) DATE OF SUBMITTAL OF APPLICA14 TION.—The noncitizen shall be physically 15 present in the United States on the date on 16 which the application is submitted. 17 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 18 ‘‘(i) IN GENERAL.—Except as pro19 vided in clause (ii), the noncitizen shall 20 have been continuously physically present 21 in the United States beginning on January 22 1, 2021, and ending on the date on which 23 the application is approved. 24 ‘‘(ii) EXCEPTIONS.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 36 •HR 1177 IH 1 ‘‘(I) AUTHORIZED ABSENCE.—A 2 noncitizen who departed temporarily 3 from the United States shall not be 4 considered to have failed to maintain 5 continuous physical presence in the 6 United States during any period of 7 travel that was authorized by the Sec8 retary. 9 ‘‘(II) BRIEF, CASUAL, AND INNO10 CENT ABSENCES.— 11 ‘‘(aa) IN GENERAL.—A non12 citizen who departed temporarily 13 from the United States shall not 14 be considered to have failed to 15 maintain continuous physical 16 presence in the United States if 17 the noncitizen’s absences from 18 the United States are brief, cas19 ual, and innocent, whether or not 20 such absences were authorized by 21 the Secretary. 22 ‘‘(bb) ABSENCES MORE 23 THAN 180 DAYS.—For purposes 24 of this clause, an absence of more 25 than 180 days, in the aggregate, VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 37 •HR 1177 IH 1 during a calendar year shall not 2 be considered brief, unless the 3 Secretary finds that the length of 4 the absence was due to cir5 cumstances beyond the nonciti6 zen’s control, including the seri7 ous illness of the noncitizen, 8 death or serious illness of a 9 spouse, parent, grandparent, 10 grandchild, sibling, son, or 11 daughter of the noncitizen, or 12 due to international travel re13 strictions. 14 ‘‘(iii) EFFECT OF NOTICE TO AP15 PEAR.—Issuance of a notice to appear 16 under section 239(a) shall not be consid17 ered to interrupt the continuity of a non18 citizen’s continuous physical presence in 19 the United States. 20 ‘‘(4) WAIVER FOR NONCITIZENS PREVIOUSLY 21 REMOVED.— 22 ‘‘(A) IN GENERAL.—With respect to a non23 citizen who was removed from or who departed 24 the United States on or after January 20, 25 2017, and who was continuously physically VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 38 •HR 1177 IH 1 present in the United States for not fewer than 2 3 years immediately preceding the date on 3 which the noncitizen was removed or departed, 4 the Secretary may waive, for humanitarian pur5 poses, to ensure family unity, or if such a waiv6 er is otherwise in the public interest, the appli7 cation of— 8 ‘‘(i) paragraph (3)(A); and 9 ‘‘(ii) in the case of an applicant for 10 lawful prospective immigrant status under 11 section 245B, if the applicant has not re12 entered the United States unlawfully after 13 January 1, 2021, subsection (c)(3). 14 ‘‘(B) APPLICATION PROCEDURE.—The 15 Secretary, in consultation with the Secretary of 16 State, shall establish a procedure by which a 17 noncitizen, while outside the United States, 18 may apply for status under section 245B, 19 245C, 245D, 245E, or 245F, as applicable, if 20 the noncitizen would have been eligible for such 21 status but for the noncitizen’s removal or de22 parture. 23 ‘‘(c) GROUNDS FOR INELIGIBILITY.— 24 ‘‘(1) CERTAIN GROUNDS OF INADMIS25 SIBILITY.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 39 •HR 1177 IH 1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), a noncitizen shall be ineligible for 3 status under sections 245B, 245C, 245D, 4 245E, and 245F if the noncitizen— 5 ‘‘(i) is inadmissible under paragraph 6 (2), (3), (6)(E), (8), (10)(C), or (10)(E) of 7 section 212(a); 8 ‘‘(ii) has been convicted of a felony of9 fense (excluding any offense under State 10 law for which an essential element in the 11 noncitizen’s immigration status); or 12 ‘‘(iii) has been convicted of 3 or more 13 misdemeanor offenses (excluding simple 14 possession of cannabis or cannabis-related 15 paraphernalia, any offense involving can16 nabis or cannabis-related paraphernalia 17 that is no longer prosecutable in the State 18 in which the conviction was entered, any 19 offense under State law for which an es20 sential element is the noncitizen’s immigra21 tion status, any offense involving civil dis22 obedience without violence, and any minor 23 traffic offense) not occurring on the same 24 date, and not arising out of the same act, 25 omission, or scheme of misconduct. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 40 •HR 1177 IH 1 ‘‘(B) WAIVERS.— 2 ‘‘(i) IN GENERAL.—For purposes of 3 subparagraph (A), the Secretary may, for 4 humanitarian purposes, family unity, or if 5 otherwise in the public interest— 6 ‘‘(I) waive inadmissibility 7 under— 8 ‘‘(aa) subparagraphs (A), 9 (C), and (D) of section 10 212(a)(2); and 11 ‘‘(bb) paragraphs (6)(E), 12 (8), (10)(C), and (10)(E) of such 13 section; 14 ‘‘(II) waive ineligibility under 15 subparagraph (A)(ii) (excluding of16 fenses described in section 17 101(a)(43)(A)) or inadmissibility 18 under subparagraph (B) of section 19 212(a)(2) if the noncitizen has not 20 been convicted of any offense during 21 the 10-year period preceding the date 22 on which the noncitizen applies for 23 status under section 245B, 245C, 24 245D, 245E, or 245F, as applicable; 25 and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 41 •HR 1177 IH 1 ‘‘(III) for purposes of subpara2 graph (A)(iii), waive consideration 3 of— 4 ‘‘(aa) 1 misdemeanor offense 5 if, during the 5-year period pre6 ceding the date on which the 7 noncitizen applies for status 8 under section 245B, 245C, 9 245D, 245E, or 245F, as appli10 cable, the noncitizen has not been 11 convicted of any offense; or 12 ‘‘(bb) 2 misdemeanor of13 fenses if, during the 10-year pe14 riod preceding such date, the 15 noncitizen has not been convicted 16 of any offense. 17 ‘‘(ii) CONSIDERATIONS.—In making a 18 determination under subparagraph (B), 19 the Secretary of Homeland Security or the 20 Attorney General shall consider all miti21 gating and aggravating factors, includ22 ing— 23 ‘‘(I) the severity of the under24 lying circumstances, conduct, or viola25 tion; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 42 •HR 1177 IH 1 ‘‘(II) the duration of the nonciti2 zen’s residence in the United States; 3 ‘‘(III) evidence of rehabilitation, 4 if applicable; and 5 ‘‘(IV) the extent to which the 6 noncitizen’s removal, or the denial of 7 the noncitizen’s application, would ad8 versely affect the noncitizen or the 9 noncitizen’s United States citizen or 10 lawful permanent resident family 11 members. 12 ‘‘(2) NONCITIZENS IN CERTAIN IMMIGRATION 13 STATUSES.— 14 ‘‘(A) IN GENERAL.—A noncitizen shall be 15 ineligible for status under sections 245B, 245C, 16 245D, 245E, and 245F if on January 1, 2021, 17 the noncitizen was any of the following: 18 ‘‘(i) A lawful permanent resident. 19 ‘‘(ii) A noncitizen admitted as a ref20 ugee under section 207 or granted asylum 21 under section 208. 22 ‘‘(iii) A noncitizen who, according to 23 the records of the Secretary or the Sec24 retary of State, is in a period of authorized VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 43 •HR 1177 IH 1 stay in a nonimmigrant status described in 2 section 101(a)(15)(A), other than— 3 ‘‘(I) a spouse or a child of a non4 citizen eligible for status under section 5 245B, 245C, 245D, 245E, or 245F; 6 ‘‘(II) a noncitizen considered to 7 be in a nonimmigrant status solely by 8 reason of section 702 of the Consoli9 dated Natural Resources Act of 2008 10 (Public Law 110–229; 122 Stat. 854) 11 or section 244(f)(4) of this Act; 12 ‘‘(III) a nonimmigrant described 13 in section 101(a)(15)(H)(ii)(a); and 14 ‘‘(IV) a noncitizen who has en15 gaged in ‘essential critical infrastruc16 ture labor or services’, as described in 17 the ‘Advisory Memorandum on Identi18 fication of Essential Critical Infra19 structure Workers During COVID–19 20 Response’ (as revised by the Depart21 ment of Homeland Security) during 22 the period described in subparagraph 23 (B). 24 ‘‘(iv) A noncitizen paroled into the 25 Commonwealth of the Northern Mariana VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 44 •HR 1177 IH 1 Islands or Guam who did not reside in the 2 Commonwealth or Guam on November 28, 3 2009. 4 ‘‘(B) PERIOD DESCRIBED.—The period de5 scribed in this subparagraph is the period 6 that— 7 ‘‘(i) begins on the first day of the 8 public health emergency declared by the 9 Secretary of Health and Human Services 10 under section 319 of the Public Health 11 Service Act (42 U.S.C. 247d) with respect 12 to COVID–19; and 13 ‘‘(ii) ends on the date that is 90 days 14 after the date on which such public health 15 emergency terminates. 16 ‘‘(3) CERTAIN NONCITIZENS OUTSIDE THE 17 UNITED STATES AND UNLAWFUL REENTRANTS.—A 18 noncitizen shall be ineligible for status under sec19 tions 245B, 245C, 245D, 245E, and 245F if the 20 noncitizen— 21 ‘‘(A) departed the United States while sub22 ject to an order of exclusion, deportation, re23 moval, or voluntary departure; and 24 ‘‘(B)(i) was outside the United States on 25 January 1, 2021; or VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 45 •HR 1177 IH 1 ‘‘(ii) reentered the United States unlaw2 fully after January 1, 2021. 3 ‘‘(d) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 4 DATA; BACKGROUND CHECKS.— 5 ‘‘(1) IN GENERAL.—The Secretary may not 6 grant a noncitizen status under section 245B, 245C, 7 245D, 245E, or 245F unless the noncitizen submits 8 biometric and biographic data, in accordance with 9 procedures established by the Secretary. 10 ‘‘(2) ALTERNATIVE PROCEDURE.—The Sec11 retary shall provide an alternative procedure for 12 noncitizens who are unable to provide such biometric 13 or biographic data due to a physical impairment. 14 ‘‘(3) BACKGROUND CHECKS.— 15 ‘‘(A) IN GENERAL.—The Secretary shall 16 use biometric and biographic data— 17 ‘‘(i) to conduct security and law en18 forcement background checks; and 19 ‘‘(ii) to determine whether there is 20 any criminal, national security, or other 21 factor that would render the noncitizen in22 eligible for status under section 245B, 23 245C, 245D, 245E, or 245F, as applica24 ble. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 46 •HR 1177 IH 1 ‘‘(B) COMPLETION REQUIRED.—A noncit2 izen may not be granted status under section 3 245B, 245C, 245D, 245E, or 245F unless se4 curity and law enforcement background checks 5 are completed to the satisfaction of the Sec6 retary. 7 ‘‘(e) ELIGIBILITY FOR OTHER STATUSES.— 8 ‘‘(1) IN GENERAL.—A noncitizen’s eligibility for 9 status under section 245B, 245C, 245D, 245E, or 10 245F shall not preclude the noncitizen from seeking 11 any status under any other provision of law for 12 which the noncitizen may otherwise be eligible. 13 ‘‘(2) INAPPLICABILITY OF OTHER PROVI14 SIONS.—Section 208(d)(6) shall not apply to any 15 noncitizen who submits an application under section 16 245B, 245C, 245D, 245E, or 245F. 17 ‘‘(f) EXEMPTION FROM NUMERICAL LIMITATION.— 18 Nothing in this section or section 245B, 245C, 245D, 19 245E, or 245F or in any other law may be construed— 20 ‘‘(1) to limit the number of noncitizens who 21 may be granted status under sections 245B, 245C, 22 245D, 245E, and 245F; or 23 ‘‘(2) to count against any other numerical limi24 tation under this Act. 25 ‘‘(g) PROCEDURES.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 47 •HR 1177 IH 1 ‘‘(1) OPPORTUNITY TO APPLY AND LIMITATION 2 ON REMOVAL.—A noncitizen who appears to be 3 prima facie eligible for status under section 245B, 4 245C, 245D, 245E, or 245F shall be given a reason5 able opportunity to apply for such adjustment of sta6 tus and, if the noncitizen applies within a reasonable 7 period, the noncitizen shall not be removed before— 8 ‘‘(A) the Secretary has issued a final deci9 sion denying relief; 10 ‘‘(B) a final order of removal has been 11 issued; and 12 ‘‘(C) the decision of the Secretary is 13 upheld by a court, or the time for initiating ju14 dicial review under section 242 has expired, un15 less the order of removal is based on criminal 16 or national security grounds, in which case re17 moval does not affect the noncitizen’s right to 18 judicial review. 19 ‘‘(2) SPOUSES AND CHILDREN.— 20 ‘‘(A) FAMILY APPLICATION.—The Sec21 retary shall establish a process by which a prin22 cipal applicant and his or her spouse and chil23 dren may file a single combined application 24 under section 245B, 245C, 245D, 245E, or 25 245F, including a petition to classify the spouse VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 48 •HR 1177 IH 1 and children as the spouse and children of the 2 principal applicant. 3 ‘‘(B) EFFECT OF TERMINATION OF LEGAL 4 RELATIONSHIP OR DOMESTIC VIOLENCE.—If 5 the spousal or parental relationship between a 6 noncitizen granted lawful prospective immigrant 7 status or lawful permanent resident status 8 under section 245B, 245C, 245D, 245E, or 9 245F and the noncitizen’s spouse or child is 10 terminated by death, divorce, or annulment, or 11 the spouse or child has been battered or sub12 jected to extreme cruelty by the noncitizen (re13 gardless of whether the legal relationship termi14 nates), the spouse or child may apply independ15 ently for lawful prospective immigrant status or 16 lawful permanent resident status if he or she is 17 otherwise eligible. 18 ‘‘(C) EFFECT OF DENIAL OF APPLICATION 19 OR REVOCATION OF STATUS.—If the application 20 of a noncitizen for status under section 245B, 21 245C, 245D, 245E, or 245F is denied, or his 22 or her status is revoked, the spouse or child of 23 such noncitizen shall remain eligible to apply 24 independently for status under the applicable 25 section. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 49 •HR 1177 IH 1 ‘‘(3) ADJUDICATION.— 2 ‘‘(A) IN GENERAL.—The Secretary shall 3 evaluate each application submitted under sec4 tion 245B, 245C, 245D, 245E, or 245F to de5 termine whether the applicant meets the appli6 cable requirements. 7 ‘‘(B) ADJUSTMENT OF STATUS IF FAVOR8 ABLE DETERMINATION.—If the Secretary deter9 mines that a noncitizen meets the requirements 10 of section 245B, 245C, 245D, 245E, or 245F, 11 as applicable, the Secretary shall— 12 ‘‘(i) notify the noncitizen of such de13 termination; and 14 ‘‘(ii) adjust the status of the noncit15 izen to that of lawful prospective immi16 grant or lawful permanent resident, as ap17 plicable, effective as of the date of such de18 termination. 19 ‘‘(C) DOCUMENTARY EVIDENCE OF STA20 TUS.— 21 ‘‘(i) IN GENERAL.—The Secretary 22 shall issue documentary evidence of lawful 23 prospective immigrant status or lawful per24 manent resident status, as applicable, to VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 50 •HR 1177 IH 1 each noncitizen whose application for such 2 status has been approved. 3 ‘‘(ii) ELEMENTS.—Documentary evi4 dence issued under clause (i) shall— 5 ‘‘(I) be machine-readable and 6 tamper-resistant; 7 ‘‘(II) contain a digitized photo8 graph of the noncitizen; 9 ‘‘(III) during the noncitizen’s au10 thorized period of admission, serve as 11 a valid travel and entry document; 12 and 13 ‘‘(IV) include such other features 14 and information as the Secretary may 15 prescribe. 16 ‘‘(iii) EMPLOYMENT AUTHORIZA17 TION.—Documentary evidence issued 18 under clause (i) shall be accepted during 19 the period of its validity by an employer as 20 evidence of employment authorization and 21 identity under section 274A(b)(1)(B); and 22 ‘‘(D) ADVERSE DETERMINATION.—If the 23 Secretary determines that the noncitizen does 24 not meet the requirements for the status for 25 which the noncitizen applied, the Secretary VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 51 •HR 1177 IH 1 shall notify the noncitizen of such determina2 tion. 3 ‘‘(E) WITHDRAWAL OF APPLICATION.— 4 ‘‘(i) IN GENERAL.—On receipt of a re5 quest to withdraw an application under 6 section 245B, 245C, 245D, 245E, or 7 245F, the Secretary shall cease processing 8 of the application and close the case. 9 ‘‘(ii) EFFECT OF WITHDRAWAL.— 10 Withdrawal of such an application shall 11 not prejudice any future application filed 12 by the applicant for any immigration ben13 efit under this Act. 14 ‘‘(F) DOCUMENT REQUIREMENTS.— 15 ‘‘(i) ESTABLISHING IDENTITY.—A 16 noncitizen’s application for status under 17 section 245B, 245C, 245D, 245E, or 245F 18 may include, as evidence of identity, the 19 following: 20 ‘‘(I) A passport or national iden21 tity document from the noncitizen’s 22 country of origin that includes the 23 noncitizen’s name and the noncitizen’s 24 photograph or fingerprint. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 52 •HR 1177 IH 1 ‘‘(II) The noncitizen’s birth cer2 tificate and an identity card that in3 cludes the noncitizen’s name and pho4 tograph. 5 ‘‘(III) A school identification 6 card that includes the noncitizen’s 7 name and photograph, and school 8 records showing the noncitizen’s name 9 and that the noncitizen is or was en10 rolled at the school. 11 ‘‘(IV) A uniformed services iden12 tification card issued by the Depart13 ment of Defense. 14 ‘‘(V) Any immigration or other 15 document issued by the United States 16 Government bearing the noncitizen’s 17 name and photograph. 18 ‘‘(VI) A State-issued identifica19 tion card bearing the noncitizen’s 20 name and photograph. 21 ‘‘(VII) Any other evidence that 22 the Secretary determines to be cred23 ible. 24 ‘‘(ii) DOCUMENTS ESTABLISHING CON25 TINUOUS PHYSICAL PRESENCE.—Evidence VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 53 •HR 1177 IH 1 that the noncitizen has been continuously 2 physically present in the United States 3 may include the following: 4 ‘‘(I) Passport entries, including 5 admission stamps on the noncitizen’s 6 passport. 7 ‘‘(II) Any document from the De8 partment of Justice or the Depart9 ment of Homeland Security noting the 10 noncitizen’s date of entry into the 11 United States. 12 ‘‘(III) Records from any edu13 cational institution the noncitizen has 14 attended in the United States. 15 ‘‘(IV) Employment records of the 16 noncitizen that include the employer’s 17 name and contact information. 18 ‘‘(V) Records of service from the 19 uniformed services. 20 ‘‘(VI) Official records from a reli21 gious entity confirming the nonciti22 zen’s participation in a religious cere23 mony. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 54 •HR 1177 IH 1 ‘‘(VII) A birth certificate for a 2 child who was born in the United 3 States. 4 ‘‘(VIII) Hospital or medical 5 records showing medical treatment or 6 hospitalization, the name of the med7 ical facility or physician, and the date 8 of the treatment or hospitalization. 9 ‘‘(IX) Automobile license receipts 10 or registration. 11 ‘‘(X) Deeds, mortgages, or rental 12 agreement contracts. 13 ‘‘(XI) Rent receipts or utility 14 bills bearing the noncitizen’s name or 15 the name of an immediate family 16 member of the noncitizen, and the 17 noncitizen’s address. 18 ‘‘(XII) Tax receipts. 19 ‘‘(XIII) Insurance policies. 20 ‘‘(XIV) Remittance records, in21 cluding copies of money order receipts 22 sent in or out of the country. 23 ‘‘(XV) Travel records, including 24 online or hardcopy airplane, bus and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 55 •HR 1177 IH 1 train tickets, itineraries, and hotel or 2 hostel receipts. 3 ‘‘(XVI) Dated bank transactions. 4 ‘‘(XVII) Sworn affidavits from at 5 least two individuals who are not re6 lated to the noncitizen who have di7 rect knowledge of the noncitizen’s con8 tinuous physical presence in the 9 United States, that contain— 10 ‘‘(aa) the name, address, 11 and telephone number of the affi12 ant; and 13 ‘‘(bb) the nature and dura14 tion of the relationship between 15 the affiant and the noncitizen. 16 ‘‘(XVIII) Any other evidence de17 termined to be credible. 18 ‘‘(iii) DOCUMENTS ESTABLISHING EX19 EMPTION FROM APPLICATION FEES.—The 20 Secretary shall set forth, by regulation, the 21 documents that may be used as evidence 22 that a noncitizen’s application for status 23 under section 245B, 245C, 245D, 245E, 24 or 245F is exempt from an application fee 25 under subsection (b)(2). VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 56 •HR 1177 IH 1 ‘‘(iv) AUTHORITY TO PROHIBIT USE 2 OF CERTAIN DOCUMENTS.—If the Sec3 retary determines, after publication in the 4 Federal Register and an opportunity for 5 public comment, that any document or 6 class of documents does not reliably estab7 lish identity, or that any document or class 8 of documents is frequently being used to 9 obtain relief under this section and is being 10 obtained fraudulently to an unacceptable 11 degree, the Secretary may prohibit or re12 strict the use of such document or class of 13 documents. 14 ‘‘(G) SUFFICIENCY OF THE EVIDENCE.— 15 ‘‘(i) FAILURE TO SUBMIT SUFFICIENT 16 EVIDENCE.—The Secretary may deny an 17 application under section 245B, 245C, 18 245D, 245E, or 245F submitted by a non19 citizen who fails to submit requested initial 20 evidence, including requested biometric 21 data, or any requested additional evidence, 22 by the date required by the Secretary. 23 ‘‘(ii) AMENDED APPLICATION.—A 24 noncitizen whose application is denied 25 under clause (i) may, without an additional VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 57 •HR 1177 IH 1 fee, submit to the Secretary an amended 2 application or supplement the existing ap3 plication if the amended or supplemented 4 application contains the required informa5 tion and any fee that was missing from the 6 initial application. 7 ‘‘(iii) FULFILLMENT OF ELIGIBILITY 8 REQUIREMENTS.—Except as provided in 9 clause (i), an application— 10 ‘‘(I) may not be denied for fail11 ure to submit particular evidence; and 12 ‘‘(II) may only be denied on evi13 dentiary grounds if the evidence sub14 mitted is not credible or otherwise 15 fails to establish eligibility. 16 ‘‘(iv) AUTHORITY TO DETERMINE 17 PROBITY OF EVIDENCE.—The Secretary 18 may determine— 19 ‘‘(I) whether evidence is credible; 20 and 21 ‘‘(II) the weight to be given the 22 evidence. 23 ‘‘(4) REVOCATION.— 24 ‘‘(A) IN GENERAL.—If the Secretary deter25 mines that a noncitizen fraudulently obtained VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 58 •HR 1177 IH 1 status under section 245B, 245C, 245D, 245E, 2 or 245F, the Secretary may revoke such status 3 at any time after— 4 ‘‘(i) providing appropriate notice to 5 the noncitizen; 6 ‘‘(ii) providing the noncitizen an op7 portunity to respond; and 8 ‘‘(iii) the exhaustion or waiver of all 9 applicable administrative review procedures 10 under paragraph (6). 11 ‘‘(B) ADDITIONAL EVIDENCE.—In deter12 mining whether to revoke a noncitizen’s status 13 under subparagraph (A), the Secretary may re14 quire the noncitizen— 15 ‘‘(i) to submit additional evidence; or 16 ‘‘(ii) to appear for an interview. 17 ‘‘(C) INVALIDATION OF DOCUMENTA18 TION.—If a noncitizen’s status is revoked under 19 subparagraph (A), any documentation issued by 20 the Secretary to the noncitizen under paragraph 21 (3)(C) shall automatically be rendered invalid 22 for any purpose except for departure from the 23 United States. 24 ‘‘(5) ADMINISTRATIVE REVIEW.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 59 •HR 1177 IH 1 ‘‘(A) EXCLUSIVE ADMINISTRATIVE RE2 VIEW.—Administrative review of a determina3 tion with respect to an application for status 4 under section 245B, 245C, 245D, 245E, or 5 245F shall be conducted solely in accordance 6 with this paragraph. 7 ‘‘(B) ADMINISTRATIVE APPELLATE RE8 VIEW.— 9 ‘‘(i) ESTABLISHMENT OF ADMINIS10 TRATIVE APPELLATE AUTHORITY.—The 11 Secretary shall establish or designate an 12 appellate authority to provide for a single 13 level of administrative appellate review of 14 denials of applications or petitions sub15 mitted, and revocations of status, under 16 sections 245B, 245C, 245D, 245E, and 17 245F. 18 ‘‘(ii) SINGLE APPEAL FOR EACH AD19 MINISTRATIVE DECISION.—A noncitizen in 20 the United States whose application for 21 status under section 245B, 245C, 245D, 22 245E, or 245F has been denied or whose 23 status under any such section has been re24 voked may submit to the Secretary not 25 more than 1 appeal of each such decision. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 60 •HR 1177 IH 1 ‘‘(iii) NOTICE OF APPEAL.—A notice 2 of appeal under this paragraph shall be 3 submitted not later than 90 days after the 4 date of service of the denial or revocation, 5 unless a delay beyond the 90-day period is 6 reasonably justifiable. 7 ‘‘(iv) REVIEW BY SECRETARY.—Noth8 ing in this paragraph may be construed to 9 limit the authority of the Secretary to cer10 tify appeals for review and final decision. 11 ‘‘(v) DENIAL OF PETITIONS FOR 12 SPOUSES AND CHILDREN.—A decision to 13 deny, or revoke approval of, a petition sub14 mitted by a noncitizen to classify a spouse 15 or child of the noncitizen as the spouse or 16 child of a noncitizen for purposes of sec17 tion 245B, 245C, 245D, 245E, or 245F 18 may be appealed under this paragraph. 19 ‘‘(C) STAY OF REMOVAL.—Noncitizens 20 seeking administrative review of a denial, or 21 revocation of approval, of an application for sta22 tus under section 245B, 245C, 245D, 245E, or 23 245F shall not be removed from the United 24 States before a final decision is rendered estab25 lishing ineligibility for such status. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 61 •HR 1177 IH 1 ‘‘(D) RECORD FOR REVIEW.—Administra2 tive appellate review under this paragraph shall 3 be de novo and based solely upon— 4 ‘‘(i) the administrative record estab5 lished at the time of the determination on 6 the application; and 7 ‘‘(ii) any additional newly discovered 8 or previously unavailable evidence. 9 ‘‘(6) JUDICIAL REVIEW.—Judicial review of de10 cisions denying, or revoking approval of, applications 11 or petitions under sections 245B, 245C, 245D, 12 245E, and 245F shall be governed by section 242. 13 ‘‘(7) EFFECTS WHILE APPLICATIONS ARE 14 PENDING.—During the period beginning on the date 15 on which a noncitizen applies for status under sec16 tion 245B, 245C, 245D, 245E, or 245F and ending 17 on the date on which the Secretary makes a final de18 cision on such application— 19 ‘‘(A) notwithstanding section 212(d)(5)(A), 20 the Secretary shall have the discretion to grant 21 advance parole to the noncitizen; 22 ‘‘(B) the noncitizen shall not be considered 23 an unauthorized noncitizen (as defined in sec24 tion 274A(h)(3)). 25 ‘‘(8) EMPLOYMENT.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 62 •HR 1177 IH 1 ‘‘(A) RECEIPT OF APPLICATION.—As soon 2 as practicable after receiving an application for 3 status under section 245B, 245C, 245D, 245E, 4 or 245F, the Secretary shall provide the appli5 cant with a document acknowledging receipt of 6 such application. 7 ‘‘(B) EMPLOYMENT AUTHORIZATION.—A 8 document issued under subparagraph (A) 9 shall— 10 ‘‘(i) serve as interim proof of the non11 citizen’s authorization to accept employ12 ment in the United States; and 13 ‘‘(ii) be accepted by an employer as 14 evidence of employment authorization 15 under section 274A(b)(1)(C) pending a 16 final decision on the application. 17 ‘‘(C) EMPLOYER PROTECTION.—An em18 ployer who knows that a noncitizen employee is 19 an applicant for status under section 245B, 20 245C, 245D, 245E, or 245F or intends to 21 apply for any such status, and who continues to 22 employ the noncitizen pending a final decision 23 on the noncitizen employee’s application, shall 24 not be considered to be in violation of section VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 63 •HR 1177 IH 1 274A(a)(2) for hiring, employment, or contin2 ued employment of the noncitizen. 3 ‘‘(9) INFORMATION PRIVACY.— 4 ‘‘(A) IN GENERAL.—Except as provided in 5 subparagraph (B), no officer or employee of the 6 United States may— 7 ‘‘(i) use the information provided by a 8 noncitizen pursuant to an application sub9 mitted under section 245B, 245C, 245D, 10 245E, or 245F to initiate removal pro11 ceedings against any person identified in 12 the application; 13 ‘‘(ii) make any publication whereby 14 the information provided by any particular 15 individual pursuant to such an application 16 may be identified; or 17 ‘‘(iii) permit any individual other than 18 an officer or employee of the Federal agen19 cy to which such an application is sub20 mitted to examine the application. 21 ‘‘(B) REQUIRED DISCLOSURE.—Notwith22 standing subparagraph (A), the Attorney Gen23 eral or the Secretary shall provide the informa24 tion provided in an application under section 25 245B, 245C, 245D, 245E, or 245F, and any VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 64 •HR 1177 IH 1 other information derived from such informa2 tion, to— 3 ‘‘(i) a duly recognized law enforce4 ment entity in connection with an inves5 tigation or prosecution of an offense de6 scribed in paragraph (2) or (3) of section 7 212(a), if such information is requested in 8 writing by such entity; or 9 ‘‘(ii) an official coroner for purposes 10 of affirmatively identifying a deceased indi11 vidual (whether or not such individual is 12 deceased as a result of a crime). 13 ‘‘(C) PENALTY.—Whoever knowingly uses, 14 publishes, or permits information to be exam15 ined in violation of this section shall be fined 16 not more than $50,000. 17 ‘‘(D) SAFEGUARDS.—The Secretary shall 18 require appropriate administrative and physical 19 safeguards to protect against disclosure and 20 uses of information that violate this paragraph. 21 ‘‘(E) ANNUAL ASSESSMENT.—Not less fre22 quently than annually, the Secretary shall con23 duct an assessment that, for the preceding cal24 endar year— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 65 •HR 1177 IH 1 ‘‘(i) analyzes the effectiveness of the 2 safeguards under subparagraph (D); 3 ‘‘(ii) determines the number of au4 thorized disclosures made; and 5 ‘‘(iii) determines the number of disclo6 sures prohibited by subparagraph (A) 7 made. 8 ‘‘(10) LANGUAGE ASSISTANCE.—The Secretary, 9 in consultation with the Attorney General, shall 10 make available forms and accompanying instructions 11 in the most common languages spoken in the United 12 States, as determined by the Secretary. 13 ‘‘(11) REASONABLE ACCOMMODATIONS.—The 14 Secretary shall develop a plan for providing reason15 able accommodation, consistent with applicable law, 16 to applicants for status under sections 245B, 245C, 17 245D, 245E, and 245F with disabilities (as defined 18 in section 3(1) of the Americans with Disabilities 19 Act of 1990 (42 U.S.C. 12102(1))). 20 ‘‘(h) DEFINITIONS.—In this section and sections 21 245B, 245C, 245D, 245E, and 245F: 22 ‘‘(1) FINAL DECISION.—The term ‘final deci23 sion’ means a decision or an order issued by the Sec24 retary under this section after the period for re25 questing administrative review under subsection VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 66 •HR 1177 IH 1 (g)(5) has expired or the challenged decision was af2 firmed after such administrative review. 3 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 4 the Secretary of Homeland Security. 5 ‘‘(3) UNIFORMED SERVICES.—The term ‘uni6 formed services’ has the meaning given the term in 7 section 101(a) of title 10, United States Code.’’. 8 (b) RULEMAKING.— 9 (1) RULES IMPLEMENTING SECTIONS 245B, 10 245D, 245E, 245F, AND 245G.— 11 (A) IN GENERAL.—Not later than 1 year 12 after the date of the enactment of this Act, the 13 Secretary shall issue interim final rules, pub14 lished in the Federal Register, implementing 15 sections 245B, 245D, 245E, 245F, and 245G 16 of the Immigration and Nationality Act, as 17 added by this subtitle. 18 (B) EFFECTIVE DATE.—Notwithstanding 19 section 553 of title 5, United States Code, the 20 rules issued under this paragraph shall be effec21 tive, on an interim basis, immediately upon 22 publication, but may be subject to change and 23 revision after public notice and opportunity for 24 a period of public comment. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 67 •HR 1177 IH 1 (C) FINAL RULES.—Not later than 180 2 days after the date of publication under sub3 paragraph (B), the Secretary shall finalize the 4 interim rules. 5 (2) RULES IMPLEMENTING SECTION 245C.—Not 6 later than 180 days after the date of the enactment 7 of this Act, the Secretary shall issue a final rule im8 plementing section 245C of the Immigration and 9 Nationality Act, as added by this subtitle. 10 (3) REQUIREMENT.—The rules issued under 11 this subsection shall prescribe the evidence required 12 to demonstrate eligibility for status under sections 13 245B, 245C, 245D, 245E, and 245F of the Immi14 gration and Nationality Act, as added by this sub15 title, or otherwise required to apply for status under 16 such sections. 17 (c) PAPERWORK REDUCTION ACT.—The require18 ments under chapter 35 of title 44, United States Code 19 (commonly known as the ‘‘Paperwork Reduction Act’’), 20 shall not apply to any action to implement this title. 21 (d) TECHNICAL AND CONFORMING AMENDMENT.— 22 The table of contents for the Immigration and Nationality 23 Act (8 U.S.C. 1101 et seq.), as amended by section 1105, 24 is further amended by inserting after the item relating to 25 section 245F the following: ‘‘Sec. 245G. General provisions relating to adjustment of status.’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6211 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 68 •HR 1177 IH 1 Subtitle B—Other Reforms 2 SEC. 1201. V NONIMMIGRANT VISAS. 3 (a) NONIMMIGRANT ELIGIBILITY.—Section 4 101(a)(15)(V) of the Immigration and Nationality Act (8 5 U.S.C. 1101(a)(15)(V)) is amended to read as follows: 6 ‘‘(V) subject to section 214(q)(1), a noncit7 izen who is the beneficiary of an approved peti8 tion under section 203(a) or 245B.’’. 9 (b) EMPLOYMENT AND PERIOD OF ADMISSION OF 10 NONIMMIGRANTS DESCRIBED IN SECTION 11 101(a)(15)(V).—Section 214(q)(1) of the Immigration 12 and Nationality Act (8 U.S.C. 1184(q)(1)) is amended to 13 read as follows: 14 ‘‘(q) NONIMMIGRANTS DESCRIBED IN SECTION 15 101(a)(15)(V).— 16 ‘‘(1) CERTAIN SONS AND DAUGHTERS.— 17 ‘‘(A) EMPLOYMENT AUTHORIZATION.—The 18 Secretary shall— 19 ‘‘(i) authorize a nonimmigrant admit20 ted pursuant to section 101(a)(15)(V) to 21 engage in employment in the United States 22 during the period of such nonimmigrant’s 23 authorized admission; and 24 ‘‘(ii) provide the nonimmigrant with 25 an ‘employment authorized’ endorsement VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 69 •HR 1177 IH 1 or other appropriate document signifying 2 authorization of employment. 3 ‘‘(B) TERMINATION OF ADMISSION.—The 4 period of authorized admission for a non5 immigrant admitted pursuant to section 6 101(a)(15)(V) shall terminate 30 days after the 7 date on which— 8 ‘‘(i) the nonimmigrant’s application 9 for an immigrant visa pursuant to the ap10 proval of a petition under section 203(a) is 11 denied; or 12 ‘‘(ii) the nonimmigrant’s application 13 for adjustment of status under section 14 245, 245B, or 245C pursuant to the ap15 proval of such a petition is denied. 16 ‘‘(C) PUBLIC BENEFITS.— 17 ‘‘(i) IN GENERAL.—A noncitizen who 18 is lawfully present in the United States 19 pursuant to section 101(a)(15)(V) is not 20 eligible for any means-tested public bene21 fits (as such term is defined and imple22 mented in section 403 of the Personal Re23 sponsibility and Work Opportunity Rec24 onciliation Act of 1996 (8 U.S.C. 1613)). VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 70 •HR 1177 IH 1 ‘‘(ii) HEALTH CARE COVERAGE.—A 2 noncitizen admitted under section 3 101(a)(15)(V)— 4 ‘‘(iii) is not entitled to the premium 5 assistance tax credit authorized under sec6 tion 36B of the Internal Revenue Code of 7 1986 for his or her health insurance cov8 erage; 9 ‘‘(iv) shall be subject to the rules ap10 plicable to individuals not lawfully present 11 that are set forth in subsection (e) of such 12 section; 13 ‘‘(v) shall be subject to the rules ap14 plicable to individuals not lawfully present 15 set forth in section 1402(e) of the Patient 16 Protection and Affordable Care Act (42 17 U.S.C. 18071(e)); and 18 ‘‘(vi) shall be subject to the rules ap19 plicable to individuals not lawfully present 20 set forth in section 5000A(d)(3) of the In21 ternal Revenue Code of 1986.’’. 22 (c) EFFECTIVE DATE.—The amendments made by 23 this section shall take effect on the first day of the first 24 fiscal year beginning after the date of the enactment of 25 this Act. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 71 •HR 1177 IH 1 SEC. 1202. EXPUNGEMENT AND SENTENCING. 2 (a) DEFINITION OF CONVICTION.—Section 3 101(a)(48) of the Immigration and Nationality Act (8 4 U.S.C. 1101(a)(48)) is amended to read as follows: 5 ‘‘(48)(A) The term ‘conviction’ means, with respect 6 to a noncitizen, a formal judgment of guilt of the noncit7 izen entered by a court. 8 ‘‘(B) The following may not be considered a convic9 tion for purposes of this Act: 10 ‘‘(i) An adjudication or judgment of guilt that 11 has been dismissed, expunged, deferred, annulled, in12 validated, withheld, or vacated. 13 ‘‘(ii) Any adjudication in which the court has 14 issued— 15 ‘‘(I) a judicial recommendation against re16 moval; 17 ‘‘(II) an order of probation without entry 18 of judgment; or 19 ‘‘(III) any similar disposition. 20 ‘‘(iii) A judgment that is on appeal or is within 21 the time to file direct appeal. 22 ‘‘(C)(i) Unless otherwise provided, with respect to an 23 offense, any reference to a term of imprisonment or a sen24 tence is considered to include only the period of incarcer25 ation ordered by a court. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 72 •HR 1177 IH 1 ‘‘(ii) Any such reference shall be considered to ex2 clude any portion of a sentence of which the imposition 3 or execution was suspended.’’. 4 (b) JUDICIAL RECOMMENDATION AGAINST RE5 MOVAL.—The grounds of inadmissibility and deportability 6 under sections 212(a)(2) and 237(a)(2) of the Immigra7 tion and Nationality Act (8 U.S.C. 1182(a)(2) and 8 1227(a)(2)) shall not apply to a noncitizen with a criminal 9 conviction if, not later than 180 days after the date on 10 which the noncitizen is sentenced, and after having pro11 vided notice and an opportunity to respond to representa12 tives of the State concerned, the Secretary, and pros13 ecuting authorities, the sentencing court issues a rec14 ommendation to the Secretary that the noncitizen not be 15 removed on the basis of the conviction. 16 SEC. 1203. PETTY OFFENSES. 17 Section 212(a)(2)(A)(ii) of the Immigration and Na18 tionality Act (8 U.S.C. 1182(a)(2)(A)(ii)) is amended— 19 (1) in the matter preceding subclause (I), by 20 striking ‘‘to a noncitizen who committed only one 21 crime’’; 22 (2) in subclause (I), by inserting ‘‘the noncit23 izen committed only one crime,’’ before ‘‘the crime 24 was committed when’’; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 73 •HR 1177 IH 1 (3) by amending subclause (II) to read as fol2 lows: 3 ‘‘(II) the noncitizen committed 4 not more than 2 crimes, the maximum 5 penalty possible for each crime of 6 which the noncitizen was convicted (or 7 which the noncitizen admits having 8 committed or of which the acts that 9 the noncitizen admits having com10 mitted constituted the essential ele11 ments) did not exceed imprisonment 12 for 1 year and, if the noncitizen was 13 convicted of either crime, the noncit14 izen was not sentenced to terms of im15 prisonment with respective sentences 16 imposed in excess of 180 days (re17 gardless of the extent to which either 18 sentence was ultimately executed).’’. 19 SEC. 1204. RESTORING FAIRNESS TO ADJUDICATIONS. 20 (a) WAIVER OF GROUNDS OF INADMISSIBILITY.— 21 Section 212 of the Immigration and Nationality Act (8 22 U.S.C. 1182) is amended by inserting after subsection (b) 23 the following: 24 ‘‘(c) HUMANITARIAN, FAMILY UNITY, AND PUBLIC 25 INTEREST WAIVER.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 74 •HR 1177 IH 1 ‘‘(1) IN GENERAL.—Notwithstanding any other 2 provision of law, except section 245G(c)(1)(B), the 3 Secretary of Homeland Security or the Attorney 4 General may waive the operation of any 1 or more 5 grounds of inadmissibility under this section (exclud6 ing inadmissibility under subsection (a)(3)) for any 7 purpose, including eligibility for relief from re8 moval— 9 ‘‘(A) for humanitarian purposes; 10 ‘‘(B) to ensure family unity; or 11 ‘‘(C) if a waiver is otherwise in the public 12 interest. 13 ‘‘(2) CONSIDERATIONS.—In making a deter14 mination under paragraph (1), the Secretary of 15 Homeland Security or the Attorney General shall 16 consider all mitigating and aggravating factors, in17 cluding— 18 ‘‘(A) the severity of the underlying cir19 cumstances, conduct, or violation; 20 ‘‘(B) the duration of the noncitizen’s resi21 dence in the United States; 22 ‘‘(C) evidence of rehabilitation, if applica23 ble; and 24 ‘‘(D) the extent to which the noncitizen’s 25 removal, or the denial of the noncitizen’s appliVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 75 •HR 1177 IH 1 cation, would adversely affect the noncitizen or 2 the noncitizen’s United States citizen or lawful 3 permanent resident family members.’’. 4 (b) WAIVER OF GROUNDS OF DEPORTABILITY.—Sec5 tion 237(a) of the Immigration and Nationality Act (8 6 U.S.C. 1227(a)) is amended by adding at the end the fol7 lowing: 8 ‘‘(8) HUMANITARIAN, FAMILY UNITY, AND PUB9 LIC INTEREST WAIVER.— 10 ‘‘(A) IN GENERAL.—Notwithstanding any 11 other provision of law, except section 12 245G(c)(1)(B), the Secretary of Homeland Se13 curity or the Attorney General may waive the 14 operation of any 1 or more grounds of deport15 ability under this subsection (excluding deport16 ability under paragraph (2)(A)(iii) based on a 17 conviction described in section 101(a)(43)(A) 18 and deportability under paragraph (4)) for any 19 purpose, including eligibility for relief from re20 moval— 21 ‘‘(i) for humanitarian purposes; 22 ‘‘(ii) to ensure family unity; or 23 ‘‘(iii) if a waiver is otherwise in the 24 public interest. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 76 •HR 1177 IH 1 ‘‘(B) CONSIDERATIONS.—In making a de2 termination under subparagraph (A), the Sec3 retary of Homeland Security or the Attorney 4 General shall consider all mitigating and aggra5 vating factors, including— 6 ‘‘(i) the severity of the underlying cir7 cumstances, conduct, or violation; 8 ‘‘(ii) the duration of the noncitizen’s 9 residence in the United States; 10 ‘‘(iii) evidence of rehabilitation, if ap11 plicable; and 12 ‘‘(iv) the extent to which the nonciti13 zen’s removal, or the denial of the nonciti14 zen’s application, would adversely affect 15 the noncitizen or the noncitizen’s United 16 States citizen or lawful permanent resident 17 family members.’’. 18 SEC. 1205. JUDICIAL REVIEW. 19 Section 242 of the Immigration and Nationality Act 20 (8 U.S.C. 1252) is amended— 21 (1) in subsection (a)(2)— 22 (A) in subparagraph (B), by inserting ‘‘the 23 exercise of discretion arising under’’ after ‘‘no 24 court shall have jurisdiction to review’’; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 77 •HR 1177 IH 1 (B) in subparagraph (C), by inserting 2 ‘‘and subsection (h)’’ after ‘‘subparagraph 3 (D)’’; and 4 (C) by amending subparagraph (D) to read 5 as follows: 6 ‘‘(D) JUDICIAL REVIEW OF CERTAIN 7 LEGAL CLAIMS.—Nothing in subparagraph (B) 8 or (C), or in any other provision of this Act 9 that limits or eliminates judicial review, shall be 10 construed as precluding review of constitutional 11 claims or questions of law.’’; 12 (2) in subsection (b)— 13 (A) in paragraph (2), in the first sentence, 14 by inserting ‘‘or, in the case of a decision gov15 erned by section 245G(g)(6), in the judicial cir16 cuit in which the petitioner resides’’ after ‘‘pro17 ceedings’’; and 18 (B) in paragraph (9), by striking the first 19 sentence and inserting the following: ‘‘Except as 20 otherwise provided in this section, judicial re21 view of a determination respecting a removal 22 order shall be available only in judicial review 23 of a final order under this section.’’; 24 (3) in subsection (f)— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 78 •HR 1177 IH 1 (A) in paragraph (1), by striking ‘‘or re2 strain the operation of’’; and 3 (B) in paragraph (2), by adding ‘‘after all 4 administrative and judicial review available to 5 the noncitizen is complete’’ before ‘‘unless’’; and 6 (4) by adding at the end the following: 7 ‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA8 TIONS RELATING TO STATUS UNDER CHAPTER 5.— 9 ‘‘(1) DIRECT REVIEW.—If a noncitizen’s appli10 cation under section 245B, 245C, 245D, 245E, or 11 245F is denied, or the approval of such application 12 is revoked, after the exhaustion of administrative ap13 pellate review under section 245G(g)(5), the noncit14 izen may seek review of such decision, in accordance 15 with chapter 7 of title 5, United States Code, in the 16 district court of the United States in which the non17 citizen resides. 18 ‘‘(2) STATUS DURING REVIEW.—During the pe19 riod in which a review described in paragraph (1) is 20 pending— 21 ‘‘(A) any unexpired grant of voluntary de22 parture under section 240B shall be tolled; and 23 ‘‘(B) any order of exclusion, deportation, 24 or removal shall automatically be stayed unless 25 the court, in its discretion, orders otherwise. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 79 •HR 1177 IH 1 ‘‘(3) REVIEW AFTER REMOVAL PRO2 CEEDINGS.—A noncitizen may seek judicial review of 3 a denial or revocation of approval of the noncitizen’s 4 application under section 245B, 245C, 245D, 245E, 5 or 245F in the appropriate court of appeals of the 6 United States in conjunction with the judicial review 7 of an order of removal, deportation, or exclusion if 8 the validity of the denial or revocation has not been 9 upheld in a prior judicial proceeding under para10 graph (1). 11 ‘‘(4) STANDARD FOR JUDICIAL REVIEW.— 12 ‘‘(A) BASIS.—Judicial review of a denial or 13 revocation of approval of an application under 14 section 245B, 245C, 245D, 245E, or 245F 15 shall be based upon the administrative record 16 established at the time of the review. 17 ‘‘(B) AUTHORITY TO REMAND.—The re18 viewing court may remand a case under this 19 subsection to the Secretary of Homeland Secu20 rity (referred to in this subsection as the ‘Sec21 retary’) for consideration of additional evidence 22 if the court finds that— 23 ‘‘(i) the additional evidence is mate24 rial; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 80 •HR 1177 IH 1 ‘‘(ii) there were reasonable grounds 2 for failure to adduce the additional evi3 dence before the Secretary. 4 ‘‘(C) SCOPE OF REVIEW.—Notwithstanding 5 any other provision of law, judicial review of all 6 questions arising from a denial or revocation of 7 approval of an application under section 245B, 8 245C, 245D, 245E, or 245F shall be governed 9 by the standard of review set forth in section 10 706 of title 5, United States Code. 11 ‘‘(5) REMEDIAL POWERS.— 12 ‘‘(A) JURISDICTION.—Notwithstanding any 13 other provision of law, the district courts of the 14 United States shall have jurisdiction over any 15 cause or claim arising from a pattern or prac16 tice of the Secretary in the operation or imple17 mentation of section 245B, 245C, 245D, 245E, 18 245F, or 245G that is arbitrary, capricious, or 19 otherwise contrary to law. 20 ‘‘(B) SCOPE OF RELIEF.—The district 21 courts of the United States may order any ap22 propriate relief in a cause or claim described in 23 subparagraph (A) without regard to exhaustion, 24 ripeness, or other standing requirements (other VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 81 •HR 1177 IH 1 than constitutionally mandated requirements), 2 if the court determines that— 3 ‘‘(i) the resolution of such cause or 4 claim will serve judicial and administrative 5 efficiency; or 6 ‘‘(ii) a remedy would otherwise not be 7 reasonably available or practicable. 8 ‘‘(6) CHALLENGES TO THE VALIDITY OF THE 9 SYSTEM.— 10 ‘‘(A) IN GENERAL.—Except as provided in 11 paragraph (5), any claim that section 245B, 12 245C, 245D, 245E, 245F, or 245G, or any reg13 ulation, written policy, written directive, or 14 issued or unwritten policy or practice initiated 15 by or under the authority of the Secretary to 16 implement such sections, violates the Constitu17 tion of the United States or is otherwise in vio18 lation of law is available in an action instituted 19 in a district court of the United States in ac20 cordance with the procedures prescribed in this 21 paragraph. 22 ‘‘(B) SAVINGS PROVISION.—Except as pro23 vided in subparagraph (C), nothing in subpara24 graph (A) may be construed to preclude an ap25 plicant under section 245B, 245C, 245D, 245E, VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 82 •HR 1177 IH 1 or 245F from asserting that an action taken or 2 a decision made by the Secretary with respect 3 to the applicant’s status was contrary to law. 4 ‘‘(C) CLASS ACTIONS.—Any claim de5 scribed in subparagraph (A) that is brought as 6 a class action shall be brought in conformity 7 with— 8 ‘‘(i) the Class Action Fairness Act of 9 2005 (Public Law 109–2; 119 Stat. 4); 10 and 11 ‘‘(ii) the Federal Rules of Civil Proce12 dure. 13 ‘‘(D) PRECLUSIVE EFFECT.—The final dis14 position of any claim brought under subpara15 graph (A) shall be preclusive of any such claim 16 asserted by the same individual in a subsequent 17 proceeding under this subsection. 18 ‘‘(E) EXHAUSTION AND STAY OF PRO19 CEEDINGS.— 20 ‘‘(i) IN GENERAL.—No claim brought 21 under this paragraph shall require the 22 plaintiff to exhaust administrative rem23 edies under section 245G(g)(5). 24 ‘‘(ii) STAY AUTHORIZED.—Nothing in 25 this paragraph may be construed to preVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 83 •HR 1177 IH 1 vent the court from staying proceedings 2 under this paragraph to permit the Sec3 retary to evaluate an allegation of an un4 written policy or practice or to take correc5 tive action. In determining whether to 6 issue such a stay, the court shall take into 7 account any harm the stay may cause to 8 the claimant.’’. 9 SEC. 1206. MODIFICATIONS TO NATURALIZATION PROVI10 SIONS. 11 The Immigration and Nationality Act (8 U.S.C. 1101 12 et seq.) is amended— 13 (1) in section 316 (8 U.S.C. 1427), by adding 14 at the end the following: 15 ‘‘(g) For purposes of this chapter, the phrases ‘law16 fully admitted for permanent residence’, ‘lawfully admitted 17 to the United States for permanent residence’, and ‘lawful 18 admission for permanent residence’ shall refer to a noncit19 izen who— 20 ‘‘(1) was granted the status of lawful perma21 nent resident; 22 ‘‘(2) did not obtain such status through fraudu23 lent misrepresentation or fraudulent concealment of 24 a material fact, provided that the Secretary shall VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 84 •HR 1177 IH 1 have the discretion to waive the application of this 2 paragraph; and 3 ‘‘(3) for good cause shown.’’; and 4 (2) in section 319 (8 U.S.C. 1430)— 5 (A) in the section heading, by striking 6 ‘‘AND EMPLOYEES OF CERTAIN NON7 PROFIT ORGANIZATIONS’’ and inserting ‘‘, 8 EMPLOYEES OF CERTAIN NONPROFIT OR9 GANIZATIONS, AND OTHER LAWFUL RESI10 DENTS’’; and 11 (B) by adding at the end the following: 12 ‘‘(f) Notwithstanding section 316(a)(1), any lawful 13 permanent resident who was lawfully present in the 14 United States and eligible for employment authorization 15 for not less than 3 years before becoming a lawful perma16 nent resident may be naturalized upon compliance with 17 all other requirements under this chapter.’’. 18 SEC. 1207. RELIEF FOR LONG-TERM LEGAL RESIDENTS OF 19 THE COMMONWEALTH OF THE NORTHERN 20 MARIANA ISLANDS. 21 The Joint Resolution entitled ‘‘A Joint Resolution to 22 approve the ‘Covenant to Establish a Commonwealth of 23 the Northern Mariana Islands in Political Union with the 24 United States of America’, and for other purposes’’, ap25 proved March 24, 1976 (48 U.S.C. 1806), is amended— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 85 •HR 1177 IH 1 (1) in subsection (b)(1)— 2 (A) by amending subparagraph (A) to read 3 as follows: 4 ‘‘(A) NONIMMIGRANT WORKERS GEN5 ERALLY.—A noncitizen, if otherwise qualified, 6 may seek admission to Guam or to the Com7 monwealth during the transition program as a 8 nonimmigrant worker under section 9 101(a)(15)(H) of the Immigration and Nation10 ality Act (8 U.S.C. 1101(a)(15)(H) without 11 counting against the numerical limitations set 12 forth in section 214(g) of such Act (8 U.S.C. 13 1184(g)).’’; and 14 (B) in subparagraph (B)(i), by striking 15 ‘‘contact’’ and inserting ‘‘contract’’; 16 (2) in subsection (e)— 17 (A) in paragraph (4), in the paragraph 18 heading, by striking ‘‘ALIENS’’ and inserting 19 ‘‘NONCITIZENS’’; and 20 (B) by amending paragraph (6) to read as 21 follows: 22 ‘‘(6) SPECIAL PROVISION REGARDING LONG23 TERM RESIDENTS OF THE COMMONWEALTH.— 24 ‘‘(A) CNMI RESIDENT STATUS.—A noncit25 izen described in subparagraph (B) may, upon VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 86 •HR 1177 IH 1 the application of the noncitizen, be admitted in 2 CNMI Resident status to the Commonwealth 3 subject to the following rules: 4 ‘‘(i) The noncitizen shall be treated as 5 a noncitizen lawfully admitted to the Com6 monwealth only, including permitting entry 7 to and exit from the Commonwealth, until 8 the earlier of the date on which— 9 ‘‘(I) the noncitizen ceases to re10 side in the Commonwealth; or 11 ‘‘(II) the noncitizen’s status is 12 adjusted under section 245 of the Im13 migration and Nationality Act (8 14 U.S.C. 1255) to that of a noncitizen 15 lawfully admitted for permanent resi16 dence in accordance with all applica17 ble eligibility requirements. 18 ‘‘(ii) The Secretary of Homeland Se19 curity— 20 ‘‘(I) shall establish a process for 21 such noncitizen to apply for CNMI 22 Resident status during the 180-day 23 period beginning on the date that is 24 90 days after the date of the enact25 ment of the U.S. Citizenship Act; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 87 •HR 1177 IH 1 ‘‘(II) may, in the Secretary’s dis2 cretion, authorize deferred action or 3 parole, as appropriate, with work au4 thorization, for such noncitizen until 5 the date of adjudication of the nonciti6 zen’s application for CNMI Resident 7 status; and 8 ‘‘(III) in the case of a noncitizen 9 who has nonimmigrant status on the 10 date on which the noncitizen applies 11 for CNMI Resident status, the Sec12 retary shall extend such non13 immigrant status and work authoriza14 tion through the end of the 180-day 15 period described in subclause (I) or 16 the date of adjudication of the nonciti17 zen’s application for CNMI Resident 18 status, whichever is later. 19 ‘‘(iii) Nothing in this subparagraph 20 may be construed to provide any noncitizen 21 granted status under this subparagraph 22 with public assistance to which the noncit23 izen is not otherwise entitled. 24 ‘‘(iv) A noncitizen granted status 25 under this paragraph shall be deemed a VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 88 •HR 1177 IH 1 qualified noncitizen under section 431 of 2 the Personal Responsibility and Work Op3 portunity Reconciliation Act of 1996 (8 4 U.S.C. 1641) for purposes of receiving re5 lief during— 6 ‘‘(I) a major disaster declared by 7 the President under section 401 of the 8 Robert T. Stafford Disaster Relief 9 and Emergency Assistance Act (42 10 U.S.C. 5170); 11 ‘‘(II) an emergency declared by 12 the President under section 501 of the 13 Robert T. Stafford Disaster Relief 14 and Emergency Assistance Act (42 15 U.S.C. 5191); or 16 ‘‘(III) a national emergency de17 clared by the President under the Na18 tional Emergencies Act (50 U.S.C. 19 1601 et seq.). 20 ‘‘(v) A noncitizen granted status 21 under this paragraph— 22 ‘‘(I) subject to section 237(a)(8), 23 is subject to all grounds of deport24 ability under section 237 of the ImmiVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 89 •HR 1177 IH 1 gration and Nationality Act (8 U.S.C. 2 1227); 3 ‘‘(II) subject to section 212(c), is 4 subject to all grounds of inadmis5 sibility under section 212 of the Im6 migration and Nationality Act (8 7 U.S.C. 1182) if seeking admission to 8 the United States at a port of entry 9 in the Commonwealth; 10 ‘‘(III) is inadmissible to the 11 United States at any port of entry 12 outside the Commonwealth, except 13 that the Secretary of Homeland Secu14 rity may in the Secretary’s discretion 15 authorize admission of such noncitizen 16 at a port of entry in Guam for the 17 purpose of direct transit to the Com18 monwealth, which admission shall be 19 considered an admission to the Com20 monwealth; 21 ‘‘(IV) automatically shall lose 22 such status if the noncitizen travels 23 from the Commonwealth to any other 24 place in the United States, except that 25 the Secretary of Homeland Security VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 90 •HR 1177 IH 1 may in the Secretary’s discretion es2 tablish procedures for the advance ap3 proval on a case-by-case basis of such 4 travel for a temporary and legitimate 5 purpose, and the Secretary may in the 6 Secretary’s discretion authorize the 7 direct transit of noncitizens with 8 CNMI Resident status through Guam 9 to a foreign place; 10 ‘‘(V) shall be authorized to work 11 in the Commonwealth incident to sta12 tus; and 13 ‘‘(VI) shall be issued appropriate 14 travel documentation and evidence of 15 work authorization by the Secretary. 16 ‘‘(B) NONCITIZENS DESCRIBED.—A non17 citizen is described in this subparagraph if the 18 noncitizen— 19 ‘‘(i) was lawfully present on June 25, 20 2019, or on December 31, 2018, in the 21 Commonwealth under the immigration 22 laws of the United States, including pursu23 ant to a grant of parole under section 24 212(d)(5) of the Immigration and NationVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 91 •HR 1177 IH 1 ality Act (8 U.S.C. 1182(d)(5)) or deferred 2 action; 3 ‘‘(ii) subject to subsection (c) of sec4 tion 212 of the Immigration and Nation5 ality Act (8 U.S.C. 1182), is admissible as 6 an immigrant to the United States under 7 that Act (8 U.S.C. 1101 et seq.), except 8 that no immigrant visa is required; 9 ‘‘(iii) except in the case of a noncit10 izen who meets the requirements of sub11 clause (III) or (VI) of clause (v), resided 12 continuously and lawfully in the Common13 wealth from November 28, 2009, through 14 June 25, 2019; 15 ‘‘(iv) is not a citizen of the Republic 16 of the Marshall Islands, the Federated 17 States of Micronesia, or the Republic of 18 Palau; and 19 ‘‘(v) in addition— 20 ‘‘(I) was born in the Northern 21 Mariana Islands between January 1, 22 1974, and January 9, 1978; 23 ‘‘(II) was, on November 27, 24 2009, a permanent resident of the 25 Commonwealth (as defined in section VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 92 •HR 1177 IH 1 4303 of title 3 of the Northern Mar2 iana Islands Commonwealth Code, in 3 effect on May 8, 2008); 4 ‘‘(III) is the spouse or child (as 5 defined in section 101(b)(1) of the 6 Immigration and Nationality Act (8 7 U.S.C. 1101(b)(1))) of a noncitizen 8 described in subclause (I), (II), (V), 9 (VI), or (VII); 10 ‘‘(IV) was, on November 27, 11 2011, a spouse, child, or parent of a 12 United States citizen, notwithstanding 13 the age of the United States citizen, 14 and continues to have such family re15 lationship with the citizen on the date 16 of the application described in sub17 paragraph (A); 18 ‘‘(V) had a grant of parole under 19 section 212(d)(5) of the Immigration 20 and Nationality Act (8 U.S.C. 21 1182(d)(5)) on December 31, 2018, 22 under the former parole program for 23 certain in-home caregivers adminis24 tered by United States Citizenship 25 and Immigration Services; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 93 •HR 1177 IH 1 ‘‘(VI) was admitted to the Com2 monwealth as a Commonwealth Only 3 Transitional Worker during fiscal year 4 2015, and during every subsequent 5 fiscal year beginning before the date 6 of enactment of the Northern Mariana 7 Islands U.S. Workforce Act of 2018 8 (Public Law 115–218; 132 Stat. 9 1547); or 10 ‘‘(VII) resided in the Northern 11 Mariana Islands as an investor under 12 Commonwealth immigration law, and 13 is currently a resident classified as a 14 CNMI-only nonimmigrant under sec15 tion 101(a)(15)(E)(ii) of the Immigra16 tion and Nationality Act (8 U.S.C. 17 1101(a)(15)(E)(ii)). 18 ‘‘(C) AUTHORITY OF ATTORNEY GEN19 ERAL.—Beginning on the first day of the 180- 20 day period established by the Secretary of 21 Homeland Security under subparagraph 22 (A)(ii)(I), the Attorney General may accept and 23 adjudicate an application for CNMI Resident 24 status under this paragraph by a noncitizen VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 94 •HR 1177 IH 1 who is in removal proceedings before the Attor2 ney General if the noncitizen— 3 ‘‘(i) makes an initial application to 4 the Attorney General within such 180-day 5 period; or 6 ‘‘(ii) applied to the Secretary of 7 Homeland Security during such 180-day 8 period and before being placed in removal 9 proceedings, and the Secretary denied the 10 application. 11 ‘‘(D) JUDICIAL REVIEW.—Notwithstanding 12 any other law, no court shall have jurisdiction 13 to review any decision of the Secretary of 14 Homeland Security or the Attorney General on 15 an application under this paragraph or any 16 other action or determination of the Secretary 17 of Homeland Security or the Attorney General 18 to implement, administer, or enforce this para19 graph. 20 ‘‘(E) PROCEDURE.—The requirements of 21 chapter 5 of title 5 (commonly referred to as 22 the Administrative Procedure Act), or any other 23 law relating to rulemaking, information collec24 tion, or publication in the Federal Register VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 95 •HR 1177 IH 1 shall not apply to any action to implement, ad2 minister, or enforce this paragraph. 3 ‘‘(F) ADJUSTMENT OF STATUS FOR CNMI 4 RESIDENTS.—A noncitizen with CNMI Resident 5 status may adjust his or her status to that of 6 a noncitizen lawfully admitted for permanent 7 residence 5 years after the date of the enact8 ment of the U.S. Citizenship Act or 5 years 9 after the date on which CNMI Resident status 10 is granted, whichever is later. 11 ‘‘(G) WAIVER OF APPLICATION DEAD12 LINE.—The Secretary of Homeland Security 13 may, in the Secretary’s sole and unreviewable 14 discretion, accept an application for CNMI 15 Resident status submitted after the application 16 deadline if— 17 ‘‘(i) the applicant is eligible for CNMI 18 Resident status; 19 ‘‘(ii) the applicant timely submitted 20 an application for CNMI Resident status 21 and made a good faith effort to comply 22 with the application requirements as deter23 mined by the Secretary; and 24 ‘‘(iii) the application is received not 25 later than 90 days after the expiration of VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 96 •HR 1177 IH 1 the application deadline or the date on 2 which notice of rejection of the application 3 is submitted, whichever is later.’’; 4 (3) by striking ‘‘an alien’’ each place it appears 5 and inserting ‘‘a noncitizen’’; 6 (4) by striking ‘‘An alien’’ each place it appears 7 and inserting ‘‘A noncitizen’’; 8 (5) by striking ‘‘alien’’ each place it appears 9 and inserting ‘‘noncitizen’’; 10 (6) by striking ‘‘aliens’’ each place it appears 11 and inserting ‘‘noncitizens’’; and 12 (7) by striking ‘‘alien’s’’ each place it appears 13 and inserting ‘‘noncitizen’s’’. 14 SEC. 1208. GOVERNMENT CONTRACTING AND ACQUISITION 15 OF REAL PROPERTY INTEREST. 16 (a) EXEMPTION FROM GOVERNMENT CONTRACTING 17 AND HIRING RULES.— 18 (1) IN GENERAL.—A determination by a Fed19 eral agency to use a procurement competition ex20 emption under section 3304(a) of title 41, United 21 States Code, or to use the authority granted in para22 graph (2), for the purpose of implementing this title 23 and the amendments made by this title is not sub24 ject to challenge by protest to the Government Ac25 countability Office under chapter 35 of title 31, VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 97 •HR 1177 IH 1 United States Code, or to the Court of Federal 2 Claims, under section 1491 of title 28, United 3 States Code. An agency shall immediately advise 4 Congress of the exercise of the authority granted 5 under this paragraph. 6 (2) GOVERNMENT CONTRACTING EXEMPTION.— 7 The competition requirement under section 3306 of 8 title 41, United States Code, may be waived or 9 modified by a Federal agency for any procurement 10 conducted to implement this title or the amendments 11 made by this title if the senior procurement execu12 tive for the agency conducting the procurement— 13 (A) determines that the waiver or modi14 fication is necessary; and 15 (B) submits an explanation for such deter16 mination to the Committee on Homeland Secu17 rity and Governmental Affairs of the Senate 18 and the Committee on Homeland Security of 19 the House of Representatives. 20 (3) HIRING RULES EXEMPTION.— 21 (A) IN GENERAL.—Notwithstanding any 22 other provision of law, the Secretary is author23 ized to make term, temporary limited, and part24 time appointments of employees who will imple25 ment this title and the amendments made by VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 98 •HR 1177 IH 1 this title without regard to the number of such 2 employees, their ratio to permanent full-time 3 employees, and the duration of their employ4 ment. 5 (B) SAVINGS PROVISION.—Nothing in 6 chapter 71 of title 5, United States Code, shall 7 affect the authority of any Department man8 agement official to hire term, temporary limited 9 or part-time employees under this paragraph. 10 (b) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not11 withstanding any other provision of law, the Secretary 12 may acquire a leasehold interest in real property, and may 13 provide in a lease entered into under this subsection for 14 the construction or modification of any facility on the 15 leased property, if the Secretary determines that the ac16 quisition of such interest, and such construction or modi17 fication, are necessary in order to facilitate the implemen18 tation of this title and the amendments made by this title. 19 SEC. 1209. CONFORMING AMENDMENTS TO THE SOCIAL SE20 CURITY ACT. 21 (a) IN GENERAL.—Section 208(e)(1) of the Social 22 Security Act (42 U.S.C. 408(e)(1)) is amended— 23 (1) in subparagraph (B)(ii), by striking ‘‘, or’’ 24 and inserting a semicolon at the end; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 99 •HR 1177 IH 1 (2) in subparagraph (C), by striking the comma 2 at the end and inserting a semicolon; 3 (3) by inserting after subparagraph (C) the fol4 lowing: 5 ‘‘(D) who is granted status as a lawful 6 prospective immigrant under section 245B of 7 the Immigration and Nationality Act; or 8 ‘‘(E) whose status is adjusted to that of 9 lawful permanent resident under section 245C, 10 245D, 245E, or 245F of the Immigration and 11 Nationality Act,’’; and 12 (4) in the undesignated matter at the end, by 13 inserting ‘‘, or in the case of a noncitizen described 14 in subparagraph (D) or (E), if such conduct is al15 leged to have occurred before the date on which the 16 noncitizen submitted an application under section 17 245B, 245C, 245D, 245E, or 245F of such Act’’ be18 fore the period at the end. 19 (b) EFFECTIVE DATE.—The amendments made by 20 this section shall take effect on the first day of the tenth 21 month beginning after the date of the enactment of this 22 Act. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 100 •HR 1177 IH 1 TITLE II—ADDRESSING THE 2 ROOT CAUSES OF MIGRATION 3 AND RESPONSIBLY MAN4 AGING THE SOUTHERN BOR5 DER 6 SEC. 2001. DEFINITIONS. 7 In this title: 8 (1) BEST INTEREST DETERMINATION.—The 9 term ‘‘best interest determination’’ means a formal 10 process with procedural safeguards designed to give 11 primary consideration to the child’s best interests in 12 decision making. 13 (2) INTERNALLY DISPLACED PERSONS.—The 14 term ‘‘internally displaced persons’’ means persons 15 or groups of persons who— 16 (A) have been forced to leave their homes 17 or places of habitual residence because of armed 18 conflict, generalized violence, violations of 19 human rights, or natural or human-made disas20 ters; and 21 (B) have not crossed an internationally 22 recognized border of a nation state. 23 (3) INTERNATIONAL PROTECTION.—The term 24 ‘‘international protection’’ means— 25 (A) asylum status; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 101 •HR 1177 IH 1 (B) refugee status; 2 (C) protection under the Convention 3 Against Torture and Other Cruel, Inhuman or 4 Degrading Treatment or Punishment, done at 5 New York December 10, 1984; and 6 (D) any other regional protection status 7 available in the Western Hemisphere. 8 (4) LARGE-SCALE, NONINTRUSIVE INSPECTION 9 SYSTEM.—The term ‘‘large-scale, nonintrusive in10 spection system’’ means a technology, including x11 ray, gamma-ray, and passive imaging systems, capa12 ble of producing an image of the contents of a com13 mercial or passenger vehicle or freight rail car in 1 14 pass of such vehicle or car. 15 (5) PRE-PRIMARY.—The term ‘‘pre-primary’’ 16 means deploying scanning technology before primary 17 inspection booths at land border ports of entry in 18 order to provide images of commercial or passenger 19 vehicles or freight rail cars before they are presented 20 for inspection. 21 (6) SCANNING.—The term ‘‘scanning’’ means 22 utilizing nonintrusive imaging equipment, radiation 23 detection equipment, or both, to capture data, in24 cluding images of a commercial or passenger vehicle 25 or freight rail car. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 102 •HR 1177 IH 1 Subtitle A—Promoting the Rule of 2 Law, Security, and Economic 3 Development in Central Amer4 ica 5 SEC. 2101. UNITED STATES STRATEGY FOR ENGAGEMENT 6 IN CENTRAL AMERICA. 7 (a) IN GENERAL.—The Secretary of State shall im8 plement a 4-year strategy, to be known as the ‘‘United 9 States Strategy for Engagement in Central America’’ (re10 ferred to in this subtitle as the ‘‘Strategy’’)— 11 (1) to advance reforms in Central America; and 12 (2) to address the key factors contributing to 13 the flight of families, unaccompanied noncitizen chil14 dren, and other individuals from Central America to 15 the United States. 16 (b) ELEMENTS.—The Strategy shall include efforts— 17 (1) to strengthen democratic governance, ac18 countability, transparency, and the rule of law; 19 (2) to combat corruption and impunity; 20 (3) to improve access to justice; 21 (4) to bolster the effectiveness and independ22 ence of judicial systems and public prosecutors’ of23 fices; 24 (5) to improve the effectiveness of civilian police 25 forces; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 103 •HR 1177 IH 1 (6) to confront and counter the violence, extor2 tion, and other crimes perpetrated by armed crimi3 nal gangs, illicit trafficking organizations, and orga4 nized crime, while disrupting recruitment efforts by 5 such organizations; 6 (7) to disrupt money laundering and other illicit 7 financial operations of criminal networks, armed 8 gangs, illicit trafficking organizations, and human 9 smuggling networks; 10 (8) to promote greater respect for internation11 ally recognized human rights, labor rights, funda12 mental freedoms, and the media; 13 (9) to protect the human rights of environ14 mental defenders, civil society activists, and journal15 ists; 16 (10) to enhance accountability for government 17 officials, including police and security force per18 sonnel, who are credibly alleged to have committed 19 serious violations of human rights or other crimes; 20 (11) to enhance the capability of governments 21 in Central America to protect and provide for vul22 nerable and at-risk populations; 23 (12) to address the underlying causes of pov24 erty and inequality and the constraints to inclusive 25 economic growth in Central America; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 104 •HR 1177 IH 1 (13) to prevent and respond to endemic levels 2 of sexual, gender-based, and domestic violence. 3 (c) COORDINATION AND CONSULTATION.—In imple4 menting the Strategy, the Secretary of State shall— 5 (1) coordinate with the Secretary of the Treas6 ury, the Secretary of Defense, the Secretary, the At7 torney General, the Administrator of the United 8 States Agency for International Development, and 9 the Chief Executive Officer of the United States De10 velopment Finance Corporation; and 11 (2) consult with the Director of National Intel12 ligence, national and local civil society organizations 13 in Central America and the United States, and the 14 governments of Central America. 15 (d) SUPPORT FOR CENTRAL AMERICAN EFFORTS.— 16 To the degree feasible, the Strategy shall support or com17 plement efforts being carried out by the Governments of 18 El Salvador, of Guatemala, and of Honduras, in coordina19 tion with bilateral and multilateral donors and partners, 20 including the Inter-American Development Bank. 21 SEC. 2102. SECURING SUPPORT OF INTERNATIONAL DO22 NORS AND PARTNERS. 23 (a) PLAN.—The Secretary of State shall implement 24 a 4-year plan— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 105 •HR 1177 IH 1 (1) to secure support from international donors 2 and regional partners to enhance the implementation 3 of the Strategy; 4 (2) to identify governments that are willing to 5 provide financial and technical assistance for the im6 plementation of the Strategy and the specific assist7 ance that will be provided; and 8 (3) to identify and describe the financial and 9 technical assistance to be provided by multilateral 10 institutions, including the Inter-American Develop11 ment Bank, the World Bank, the International Mon12 etary Fund, the Andean Development Corporation– 13 Development Bank of Latin America, and the Orga14 nization of American States. 15 (b) DIPLOMATIC ENGAGEMENT AND COORDINA16 TION.—The Secretary of State, in coordination with the 17 Secretary of the Treasury, as appropriate, shall— 18 (1) carry out diplomatic engagement to secure 19 contributions of financial and technical assistance 20 from international donors and partners in support of 21 the Strategy; and 22 (2) take all necessary steps to ensure effective 23 cooperation among international donors and part24 ners supporting the Strategy. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 106 •HR 1177 IH 1 SEC. 2103. COMBATING CORRUPTION, STRENGTHENING 2 THE RULE OF LAW, AND CONSOLIDATING 3 DEMOCRATIC GOVERNANCE. 4 The Secretary of State and the Administrator of the 5 United States Agency for International Development are 6 authorized— 7 (1) to combat corruption in Central America by 8 supporting— 9 (A) Inspectors General and oversight insti10 tutions, including— 11 (i) support for multilateral support 12 missions for key ministries, including min13 istries responsible for tax, customs, pro14 curement, and citizen security; and 15 (ii) relevant training for inspectors 16 and auditors; 17 (B) multilateral support missions against 18 corruption and impunity; 19 (C) civil society organizations conducting 20 oversight of executive and legislative branch of21 ficials and functions, police and security forces, 22 and judicial officials and public prosecutors; 23 and 24 (D) the enhancement of freedom of infor25 mation mechanisms; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 107 •HR 1177 IH 1 (2) to strengthen the rule of law in Central 2 America by supporting— 3 (A) Attorney General offices, public pros4 ecutors, and the judiciary, including enhancing 5 investigative and forensics capabilities; 6 (B) an independent, merit-based selection 7 processes for judges and prosecutors, inde8 pendent internal controls, and relevant ethics 9 and professional training, including training on 10 sexual, gender-based, and domestic violence; 11 (C) improved victim, witness, and whistle12 blower protection and access to justice; and 13 (D) reforms to and the improvement of 14 prison facilities and management; 15 (3) to consolidate democratic governance in 16 Central America by supporting— 17 (A) reforms of civil services, related train18 ing programs, and relevant laws and processes 19 that lead to independent, merit-based selection 20 processes; 21 (B) national legislatures and their capacity 22 to conduct oversight of executive branch func23 tions; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 108 •HR 1177 IH 1 (C) reforms to, and strengthening of, polit2 ical party and campaign finance laws and elec3 toral tribunals; 4 (D) local governments and their capacity 5 to provide critical safety, education, health, and 6 sanitation services to citizens; and 7 (4) to defend human rights by supporting— 8 (A) human rights ombudsman offices; 9 (B) government protection programs that 10 provide physical protection and security to 11 human rights defenders, journalists, trade 12 unionists, whistleblowers, and civil society activ13 ists who are at risk; 14 (C) civil society organizations that promote 15 and defend human rights, freedom of expres16 sion, freedom of the press, labor rights, environ17 mental protection, and the rights of individuals 18 with diverse sexual orientations or gender iden19 tities; and 20 (D) civil society organizations that address 21 sexual, gender-based, and domestic violence, 22 and that protect victims of such violence. 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COMBATING CRIMINAL VIOLENCE AND IMPROV2 ING CITIZEN SECURITY. 3 The Secretary of State and the Administrator of the 4 United States Agency for International Development are 5 authorized— 6 (1) to counter the violence and crime per7 petrated by armed criminal gangs, illicit trafficking 8 organizations, and human smuggling networks in 9 Central America by providing assistance to civilian 10 law enforcement, including support for— 11 (A) the execution and management of com12 plex, multi-actor criminal cases; 13 (B) the enhancement of intelligence collec14 tion capacity, and training on civilian intel15 ligence collection (including safeguards for pri16 vacy and basic civil liberties), investigative tech17 niques, forensic analysis, and evidence preserva18 tion; 19 (C) community policing policies and pro20 grams; 21 (D) the enhancement of capacity to iden22 tify, investigate, and prosecute crimes involving 23 sexual, gender-based, and domestic violence; 24 and 25 (E) port, airport, and border security offi26 cials, agencies and systems, including— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 110 •HR 1177 IH 1 (i) the professionalization of immigra2 tion personnel; 3 (ii) improvements to computer infra4 structure and data management systems, 5 secure communications technologies, non6 intrusive inspection equipment, and radar 7 and aerial surveillance equipment; and 8 (iii) assistance to canine units; 9 (2) to disrupt illicit financial networks in Cen10 tral America, including by supporting— 11 (A) finance ministries, including the impo12 sition of financial sanctions to block the assets 13 of individuals and organizations involved in 14 money laundering or the financing of armed 15 criminal gangs, illicit trafficking networks, 16 human smuggling networks, or organized crime; 17 (B) financial intelligence units, including 18 the establishment and enhancement of anti19 money laundering programs; and 20 (C) the reform of bank secrecy laws; 21 (3) to assist in the professionalization of civilian 22 police forces in Central America by supporting— 23 (A) reforms with respect to personnel re24 cruitment, vetting, and dismissal processes, inVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 111 •HR 1177 IH 1 cluding the enhancement of polygraph capa2 bility for use in such processes; 3 (B) Inspectors General and oversight of4 fices, including relevant training for inspectors 5 and auditors, and independent oversight mecha6 nisms, as appropriate; and 7 (C) training and the development of proto8 cols regarding the appropriate use of force and 9 human rights; 10 (4) to improve crime prevention and to reduce 11 violence, extortion, child recruitment into gangs, and 12 sexual slavery by supporting— 13 (A) the improvement of child protection 14 systems; 15 (B) the enhancement of programs for at16 risk youth, including the improvement of com17 munity centers and programs aimed at success18 fully reinserting former gang members; 19 (C) livelihood programming that provides 20 youth and other at-risk individuals with legal 21 and sustainable alternatives to gang member22 ship; 23 (D) safe shelter and humanitarian re24 sponses for victims of crime and internal dis25 placement; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 112 •HR 1177 IH 1 (E) programs to receive and effectively re2 integrate repatriated migrants in El Salvador, 3 Guatemala, and Honduras. 4 SEC. 2105. COMBATING SEXUAL, GENDER-BASED, AND DO5 MESTIC VIOLENCE. 6 The Secretary of State and the Administrator of the 7 United States Agency for International Development are 8 authorized to counter sexual, gender-based, and domestic 9 violence in Central American countries by— 10 (1) broadening engagement among national and 11 local institutions to address sexual, gender-based, 12 and domestic violence; 13 (2) supporting educational initiatives to reduce 14 sexual, gender-based, and domestic violence; 15 (3) supporting outreach efforts tailored to meet 16 the needs of women, girls, individuals of diverse sex17 ual orientations or gender identities, and other vul18 nerable individuals at risk of violence and exploi19 tation; 20 (4) formalizing standards of care and confiden21 tiality at police, health facilities, and other govern22 ment facilities; and 23 (5) establishing accountability mechanisms for 24 perpetrators of violence. 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TACKLING EXTREME POVERTY AND ADVANCING 2 ECONOMIC DEVELOPMENT. 3 The Secretary of State and the Administrator of the 4 United States Agency for International Development are 5 authorized to tackle extreme poverty and the underlying 6 causes of poverty in Central American countries by— 7 (1) strengthening human capital by sup8 porting— 9 (A) workforce development and entrepre10 neurship training programs that are driven by 11 market demand, including programs that 12 prioritize women, at-risk youth, and indigenous 13 communities; 14 (B) improving early-grade literacy, and 15 primary and secondary school curricula; 16 (C) relevant professional training for 17 teachers and educational administrators; 18 (D) educational policy reform and improve19 ment of education sector budgeting; and 20 (E) establishment and expansion of safe 21 schools and related facilities for children; 22 (2) enhancing economic competitiveness and in23 vestment climate by supporting— 24 (A) small business development centers 25 and programs that strengthen supply chain in26 tegration; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 114 •HR 1177 IH 1 (B) the improvement of protections for in2 vestors, including dispute resolution and arbi3 tration mechanisms; 4 (C) trade facilitation and customs harmo5 nization programs; and 6 (D) reducing energy costs through invest7 ments in clean technologies and the reform of 8 energy policies and regulations; 9 (3) strengthening food security by supporting— 10 (A) small and medium-scale sustainable 11 agriculture, including by providing technical 12 training, improving access to credit, and pro13 moting policies and programs that incentivize 14 government agencies and private institutions to 15 buy from local producers; 16 (B) agricultural value chain development 17 for farming communities; 18 (C) nutrition programs to reduce childhood 19 malnutrition and stunting rates; and 20 (D) mitigation, adaptation, and recovery 21 programs in response to natural disasters and 22 other external shocks; and 23 (4) improving fiscal and financial affairs by 24 supporting— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 115 •HR 1177 IH 1 (A) domestic revenue generation, including 2 programs to improve tax administration, collec3 tion, and enforcement; 4 (B) strengthening public sector financial 5 management, including strategic budgeting and 6 expenditure tracking; and 7 (C) reform of customs and procurement 8 policies and processes. 9 SEC. 2107. AUTHORIZATION OF APPROPRIATIONS FOR 10 UNITED STATES STRATEGY FOR ENGAGE11 MENT IN CENTRAL AMERICA. 12 (a) IN GENERAL.—There are authorized to be appro13 priated $1,000,000,000 for each of the fiscal years 2022 14 through 2025 to carry out the Strategy. 15 (b) PORTION OF FUNDING AVAILABLE WITHOUT 16 CONDITION.—The Secretary of State or the Administrator 17 of the United States Agency for International Develop18 ment, as appropriate, may obligate up to 50 percent of 19 the amounts appropriated in each fiscal year pursuant to 20 subsection (a) to carry out the Strategy on the first day 21 of the fiscal year for which they are appropriated. 22 (c) PORTION OF FUNDING AVAILABLE AFTER 23 PROGRESS ON SPECIFIC ISSUES.— 24 (1) EFFECTIVE IMPLEMENTATION.—The re25 maining 50 percent of the amounts appropriated VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 116 •HR 1177 IH 1 pursuant to subsection (a) (after the obligations au2 thorized under subsection (b)) may only be made 3 available for assistance to the Government of El Sal4 vador, of Guatemala, or of Honduras after the Sec5 retary of State consults with, and subsequently cer6 tifies and reports to, the Committee on Foreign Re7 lations of the Senate, the Committee on Appropria8 tions of the Senate, the Committee on Foreign Af9 fairs of the House of Representatives, and the Com10 mittee on Appropriations of the House of Represent11 atives that the respective government is taking effec12 tive steps (in addition to steps taken during the pre13 vious calendar year)— 14 (A) to combat corruption and impunity, in15 cluding investigating and prosecuting govern16 ment officials, military personnel, and civilian 17 police officers credibly alleged to be corrupt; 18 (B) to implement reforms, policies, and 19 programs to strengthen the rule of law, includ20 ing increasing the transparency of public insti21 tutions and the independence of the judiciary 22 and electoral institutions; 23 (C) to protect the rights of civil society, 24 opposition political parties, trade unionists, VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 117 •HR 1177 IH 1 human rights defenders, and the independence 2 of the media; 3 (D) to provide effective and accountable ci4 vilian law enforcement and security for its citi5 zens, and curtailing the role of the military in 6 internal policing; 7 (E) to implement policies to reduce poverty 8 and promote equitable economic growth and op9 portunity; 10 (F) to increase government revenues, in11 cluding by enhancing tax collection, strength12 ening customs agencies, and reforming procure13 ment processes; 14 (G) to improve border security and coun15 tering human smuggling, criminal gangs, drug 16 traffickers, and transnational criminal organiza17 tions; 18 (H) to counter and prevent sexual and 19 gender-based violence; 20 (I) to inform its citizens of the dangers of 21 the journey to the southwest border of the 22 United States; 23 (J) to resolve disputes involving the confis24 cation of real property of United States entities; 25 and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 118 •HR 1177 IH 1 (K) to implement reforms to strengthen 2 educational systems, vocational training pro3 grams, and programs for at-risk youth. 4 Subtitle B—Addressing Migration 5 Needs by Strengthening Re6 gional Humanitarian Responses 7 for Refugees and Asylum Seek8 ers in the Western Hemisphere 9 and Strengthening Repatriation 10 Initiatives 11 SEC. 2201. EXPANDING REFUGEE AND ASYLUM PROC12 ESSING IN THE WESTERN HEMISPHERE. 13 (a) REFUGEE PROCESSING.—The Secretary of State, 14 in coordination with the Secretary, shall work with inter15 national partners, including the United Nations High 16 Commissioner for Refugees and international nongovern17 mental organizations, to support and strengthen the do18 mestic capacity of countries in the Western Hemisphere 19 to process and accept refugees for resettlement and adju20 dicate asylum claims by— 21 (1) providing support and technical assistance 22 to expand and improve the capacity to identify, proc23 ess, and adjudicate refugee claims, adjudicate appli24 cations for asylum, or otherwise accept refugees re25 ferred for resettlement by the United Nations High VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 119 •HR 1177 IH 1 Commissioner for Refugees or host nations, includ2 ing by increasing the number of refugee and asylum 3 officers who are trained in the relevant legal stand4 ards for adjudicating claims for protection; 5 (2) establishing and expanding safe and secure 6 locations to facilitate the safe and orderly movement 7 of individuals and families seeking international pro8 tection; 9 (3) improving national refugee and asylum reg10 istration systems to ensure that any person seeking 11 refugee status, asylum, or other humanitarian pro12 tections— 13 (A) receives due process and meaningful 14 access to existing humanitarian protections; 15 (B) is provided with adequate information 16 about his or her rights, including the right to 17 seek protection; 18 (C) is properly screened for security, in19 cluding biographic and biometric capture; and 20 (D) receives appropriate documents to pre21 vent fraud and ensure freedom of movement 22 and access to basic social services; and 23 (4) developing the capacity to conduct best in24 terest determinations for unaccompanied children 25 with international protection needs to ensure that VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 120 •HR 1177 IH 1 such children are properly registered and that their 2 claims are appropriately considered. 3 (b) DIPLOMATIC ENGAGEMENT AND COORDINA4 TION.—The Secretary of State, in coordination with the 5 Secretary, as appropriate, shall— 6 (1) carry out diplomatic engagement to secure 7 commitments from governments to resettle refugees 8 from Central America; and 9 (2) take all necessary steps to ensure effective 10 cooperation among governments resettling refugees 11 from Central America. 12 SEC. 2202. FURTHER STRENGTHENING REGIONAL HUMANI13 TARIAN RESPONSES IN THE WESTERN HEMI14 SPHERE. 15 The Secretary of State, in coordination with inter16 national partners, including the United Nations High 17 Commissioner for Refugees, shall support and coordinate 18 with the government of each country hosting a significant 19 population of refugees and asylum seekers from El Sal20 vador, Guatemala, and Honduras— 21 (1) to establish and expand temporary shelter 22 and shelter network capacity to meet the immediate 23 protection and humanitarian needs of refugees and 24 asylum seekers, including shelters for families, VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 121 •HR 1177 IH 1 women, unaccompanied children, and other vulner2 able populations; 3 (2) to deliver gender-, trauma-, and age-sen4 sitive humanitarian assistance to refugees and asy5 lum seekers, including access to accurate informa6 tion, legal representation, education, livelihood op7 portunities, cash assistance, and health care; 8 (3) to establish and expand sexual, gender9 based, and domestic violence prevention, recovery, 10 and humanitarian programming; 11 (4) to fund national- and community-led hu12 manitarian organizations in humanitarian response; 13 (5) to support local integration initiatives to 14 help refugees and asylum seekers rebuild their lives 15 and contribute in a meaningful way to the local 16 economy in their host country; and 17 (6) to support technical assistance for refugee 18 relocation and resettlement. 19 SEC. 2203. INFORMATION CAMPAIGN ON DANGERS OF IR20 REGULAR MIGRATION. 21 (a) IN GENERAL.—The Secretary of State, in coordi22 nation with the Secretary, shall design and implement 23 public information campaigns in El Salvador, Guatemala, 24 Honduras, and other appropriate Central American coun25 tries— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 122 •HR 1177 IH 1 (1) to disseminate information about the poten2 tial dangers of travel to the United States; 3 (2) to provide accurate information about 4 United States immigration law and policy; and 5 (3) to provide accurate information about the 6 availability of asylum, other humanitarian protec7 tions in countries in the Western Hemisphere, and 8 other legal means for migration. 9 (b) ELEMENTS.—The information campaigns imple10 mented pursuant to subsection (a), to the greatest extent 11 possible— 12 (1) shall be targeted at regions with high levels 13 of outbound migration or significant populations of 14 internally displaced persons; 15 (2) shall be conducted in local languages; 16 (3) shall employ a variety of communications 17 media, including social media; and 18 (4) shall be developed in coordination with pro19 gram officials at the Department of Homeland Secu20 rity, the Department of State, and other govern21 ment, nonprofit, or academic entities in close contact 22 with migrant populations from El Salvador, Guate23 mala, and Honduras, including repatriated migrants. 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IDENTIFICATION, SCREENING, AND PROCESSING 2 OF REFUGEES AND OTHER INDIVIDUALS ELI3 GIBLE FOR LAWFUL ADMISSION TO THE 4 UNITED STATES. 5 (a) DESIGNATED PROCESSING CENTERS.— 6 (1) IN GENERAL.—The Secretary of State, in 7 coordination with the Secretary, shall establish des8 ignated processing centers for the registration, 9 screening, and processing of refugees and other eligi10 ble individuals, and the resettlement or relocation of 11 these individuals to the United States or other coun12 tries. 13 (2) LOCATIONS.—Not fewer than 1 designated 14 processing centers shall be established in a safe and 15 secure location identified by the United States and 16 the host government in— 17 (A) El Salvador; 18 (B) Guatemala; 19 (C) Honduras; and 20 (D) any other Central American country 21 that the Secretary of State considers appro22 priate to accept and process requests and appli23 cations under this subtitle. 24 (b) PERSONNEL.— 25 (1) REFUGEE OFFICERS AND RELATED PER26 SONNEL.—The Secretary shall ensure that sufficient VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 124 •HR 1177 IH 1 numbers of refugee officers and other personnel are 2 assigned to each designated processing center to ful3 fill the requirements under this subtitle. 4 (2) SUPPORT PERSONNEL.—The Secretary and 5 the Attorney General shall hire and assign sufficient 6 personnel to ensure, absent exceptional cir7 cumstances, that all security and law enforcement 8 background checks required under this subtitle and 9 family verification checks carried out by the Refugee 10 Access Verification Unit are completed within 180 11 days. 12 (c) OPERATIONS.— 13 (1) IN GENERAL.—Absent extraordinary cir14 cumstances, each designated processing center shall 15 commence operations as expeditiously as possible. 16 (2) PRODUCTIVITY AND QUALITY CONTROL.— 17 The Secretary of State, in coordination with the Sec18 retary, shall monitor the activities of each des19 ignated processing center and establish metrics and 20 criteria for evaluating the productivity and quality 21 control of each designated processing center. 22 SEC. 2205. REGISTRATION AND INTAKE. 23 (a) REGISTRATION.—Each designated processing 24 center shall receive and register individuals seeking to 25 apply for benefits under this subtitle who meet criteria VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 125 •HR 1177 IH 1 specified by the Secretary of State, in coordination with 2 the Secretary. 3 (b) INTAKE.—The designated processing center shall 4 assess registered individuals to determine the benefits for 5 which they may be eligible, including— 6 (1) refugee resettlement pursuant to the Cen7 tral American Refugee Program described in section 8 2206; 9 (2) the Central American Minors Program de10 scribed in section 2207; and 11 (3) the Central American Family Reunification 12 Parole Program described in section 2208. 13 (c) EXPEDITED PROCESSING.—The Secretary of 14 State shall provide expedited processing of applications 15 and requests under this subtitle in emergency situations, 16 for humanitarian reasons, or if the Secretary of State oth17 erwise determines that circumstances warrant expedited 18 treatment. 19 SEC. 2206. CENTRAL AMERICAN REFUGEE PROGRAM. 20 (a) PROCESSING AT DESIGNATED PROCESSING CEN21 TERS.— 22 (1) IN GENERAL.—Any individual who registers 23 at a designated processing center, expresses a fear 24 of persecution or an intention to apply for refugee 25 status, and who is a national of El Salvador, of VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 126 •HR 1177 IH 1 Honduras, of Guatemala, or of any other Central 2 American country whose nationals the Secretary of 3 State has determined are eligible for refugee status 4 under this section may apply for refugee resettle5 ment under this section. Upon filing of a completed 6 application, the applicant may be referred to a ref7 ugee officer for further processing in accordance 8 with this section. 9 (2) SUBMISSION OF BIOGRAPHIC AND BIOMET10 RIC DATA.—An applicant described in paragraph (1) 11 shall submit biographic and biometric data in ac12 cordance with procedures established by the Sec13 retary of State, in coordination with the Secretary. 14 An alternative procedure shall be provided for appli15 cants who are unable to provide all required bio16 graphic and biometric data because of a physical or 17 mental impairment. 18 (3) BACKGROUND CHECKS.—The Secretary of 19 State shall utilize biometric, biographic, and other 20 appropriate data to conduct security and law en21 forcement background checks of applicants to deter22 mine whether there is any criminal, national secu23 rity, or other ground that would render the applicant 24 ineligible for admission as a refugee under section VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 127 •HR 1177 IH 1 207 of the Immigration and Nationality Act (8 2 U.S.C. 1157). 3 (4) ORIENTATION.—The Secretary of State 4 shall provide prospective applicants for refugee re5 settlement with information on applicable require6 ments and legal standards. All orientation materials, 7 including application forms and instructions, shall be 8 provided in English and Spanish. 9 (5) INTERNATIONAL ORGANIZATIONS.—The 10 Secretary of State, in consultation with the Sec11 retary, shall enter into agreements with international 12 organizations, including the United Nations High 13 Commissioner for Refugees, to facilitate the proc14 essing and preparation of case files for applicants 15 under this section. 16 (b) OPTIONAL REFERRAL TO OTHER COUNTRIES.— 17 (1) IN GENERAL.—An applicant for refugee re18 settlement under this section may be referred to an19 other country for the processing of the applicant’s 20 refugee claim if another country agrees to promptly 21 process the applicant’s refugee claim in accordance 22 with the terms and procedures of a bilateral agree23 ment described in paragraph (2). 24 (2) BILATERAL AGREEMENTS FOR REFERRAL 25 OF REFUGEES.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 128 •HR 1177 IH 1 (A) IN GENERAL.—The Secretary of State, 2 in consultation with the Secretary, may enter 3 into bilateral agreements with other countries 4 for the referral, processing, and resettlement of 5 individuals who register at a designated proc6 essing center and seek to apply for refugee re7 settlement under this section. Such agreements 8 shall be limited to countries with the dem9 onstrated capacity to accept and adjudicate ap10 plications for refugee status and other forms of 11 international protection, and to resettle refugees 12 consistent with obligations under the Conven13 tion Relating to the Status of Refugees, done at 14 Geneva July 28, 1951 and made applicable by 15 the Protocol Relating to the Status of Refugees, 16 done at New York January 31, 1967 (19 UST 17 6223). 18 (B) INTERNATIONAL ORGANIZATIONS.— 19 The Secretary of State, in consultation with the 20 Secretary, may enter into agreements with 21 international organizations, including the 22 United Nations High Commissioner for Refu23 gees, to facilitate the referral, processing, and 24 resettlement of individuals described in sub25 paragraph (A). VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 129 •HR 1177 IH 1 (c) EMERGENCY RELOCATION COORDINATION.—The 2 Secretary of State, in coordination with the Secretary, 3 may enter into bilateral or multilateral agreements with 4 other countries in the Western Hemisphere to establish 5 safe and secure emergency transit centers for individuals 6 who register at a designated processing center, are deemed 7 to face an imminent risk of harm, and require temporary 8 placement in a safe location pending a final decision on 9 an application under this section. Such agreements may 10 be developed in consultation with the United Nations High 11 Commissioner for Refugees and shall conform to inter12 national humanitarian standards. 13 (d) EXPANSION OF REFUGEE CORPS.—Subject to the 14 availability of amounts provided in advance in appropria15 tion Acts, the Secretary shall appoint additional refugee 16 officers as may be necessary to carry out this section. 17 SEC. 2207. CENTRAL AMERICAN MINORS PROGRAM. 18 (a) ELIGIBILITY.— 19 (1) PETITION.—If an assessment under section 20 2205(b) results in a determination that a noncitizen 21 is eligible for special immigrant status in accordance 22 with this subsection— 23 (A) the designated processing center that 24 conducted such assessment may accept a peti25 tion for such status filed by the noncitizen, or VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 130 •HR 1177 IH 1 on behalf of the noncitizen by a parent or legal 2 guardian; and 3 (B) subject to subsection (d), and notwith4 standing any other provision of law, the Sec5 retary may provide such noncitizen with status 6 as a special immigrant under section 7 101(a)(27) of the Immigration and Nationality 8 Act (8 U.S.C. 1101(a)(27)). 9 (2) CRITERIA.—A noncitizen shall be eligible 10 under this subsection if he or she— 11 (A) is a national of El Salvador, of Hon12 duras, of Guatemala, or of any other Central 13 American country whose nationals the Secretary 14 has determined are eligible for special immi15 grant status under this section; 16 (B) is a child (as defined in section 17 101(b)(1) of the Immigration and Nationality 18 Act (8 U.S.C. 1101(b)(1))) of an individual who 19 is lawfully present in the United States; and 20 (C) is otherwise admissible to the United 21 States (excluding the grounds of inadmissibility 22 specified in section 212(a)(4) of the Immigra23 tion and Nationality Act (8 U.S.C. 24 1182(a)(4))). VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 131 •HR 1177 IH 1 (b) MINOR CHILDREN.—Any child (as defined in sec2 tion 101(b)(1) of the Immigration and Nationality Act (8 3 U.S.C. 1101(b)(1))) of a noncitizen described in sub4 section (a) is entitled to special immigrant status if accom5 panying or following to join such noncitizen. 6 (c) EXCLUSION FROM NUMERICAL LIMITATIONS.— 7 Noncitizens provided special immigrant status under this 8 section shall not be counted against any numerical limita9 tion under the Immigration and Nationality Act (8 U.S.C. 10 1101 et seq.). 11 (d) APPLICANTS UNDER PRIOR CENTRAL AMERICAN 12 MINORS REFUGEE PROGRAM.— 13 (1) IN GENERAL.—The Secretary shall deem an 14 application filed under the Central American Minors 15 Refugee Program, established on December 1, 2014, 16 and terminated on August 16, 2017, which was not 17 the subject of a final disposition before January 31, 18 2018, to be a petition filed under this section. 19 (2) FINAL DETERMINATION.—Absent excep20 tional circumstances, the Secretary shall make a 21 final determination on applications described in 22 paragraph (1) not later than 180 days after the date 23 of the enactment of this Act. 24 (3) NOTICE.—The Secretary shall— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 132 •HR 1177 IH 1 (A) promptly notify all relevant parties of 2 the conversion of an application described in 3 paragraph (1) into a special immigrant petition; 4 and 5 (B) provide instructions for withdrawal of 6 the petition if the noncitizen does not want to 7 proceed with the requested relief. 8 (e) BIOMETRICS AND BACKGROUND CHECKS.— 9 (1) SUBMISSION OF BIOMETRIC AND BIO10 GRAPHIC DATA.—Petitioners for special immigrant 11 status under this section shall submit biometric and 12 biographic data in accordance with procedures estab13 lished by the Secretary. An alternative procedure 14 shall be provided for applicants who are unable to 15 provide all required biometric data because of a 16 physical or mental impairment. 17 (2) BACKGROUND CHECKS.—The Secretary 18 shall utilize biometric, biographic, and other appro19 priate data to conduct security and law enforcement 20 background checks of petitioners to determine 21 whether there is any criminal, national security, or 22 other ground that would render the applicant ineli23 gible for special immigrant status under this section. 24 (3) COMPLETION OF BACKGROUND CHECKS.— 25 The security and law enforcement background VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 133 •HR 1177 IH 1 checks required under paragraph (2) shall be com2 pleted, to the satisfaction of the Secretary, before 3 the date on which a petition for special immigrant 4 status under this section may be approved. 5 SEC. 2208. CENTRAL AMERICAN FAMILY REUNIFICATION 6 PAROLE PROGRAM. 7 (a) ELIGIBILITY.— 8 (1) APPLICATION.—If an assessment under sec9 tion 2205(b) results in a determination that a non10 citizen is eligible for parole in accordance with this 11 section— 12 (A) the designated processing center may 13 accept a completed application for parole filed 14 by the noncitizen, or on behalf of the noncitizen 15 by a parent or legal guardian; and 16 (B) the Secretary may grant parole under 17 section 212(d)(5) of the Immigration and Na18 tionality Act (8 U.S.C. 1182(d)(5)) to such 19 noncitizen. 20 (2) CRITERIA.—A noncitizen shall be eligible 21 for parole under this section if he or she— 22 (A) is a national of El Salvador, of Guate23 mala, of Honduras, or of any other Central 24 American country whose nationals the Secretary VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 134 •HR 1177 IH 1 has determined are eligible for parole under this 2 section; 3 (B) is the beneficiary of an approved immi4 grant visa petition under section 203(a) of the 5 Immigration and Nationality Act (8 U.S.C. 6 1153(a)); and 7 (C) an immigrant visa is not immediately 8 available for the noncitizen, but is expected to 9 be available within a period designated by the 10 Secretary. 11 (b) BIOMETRICS AND BACKGROUND CHECKS.— 12 (1) SUBMISSION OF BIOMETRIC AND BIO13 GRAPHIC DATA.—Applicants for parole under this 14 section shall be required to submit biometric and 15 biographic data in accordance with procedures estab16 lished by the Secretary. An alternative procedure 17 shall be provided for applicants who are unable to 18 provide all required biometric data because of a 19 physical or mental impairment. 20 (2) BACKGROUND CHECKS.—The Secretary 21 shall utilize biometric, biographic, and other appro22 priate data to conduct security and law enforcement 23 background checks of applicants to determine wheth24 er there is any criminal, national security, or other VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 135 •HR 1177 IH 1 ground that would render the applicant ineligible for 2 parole under this section. 3 (3) COMPLETION OF BACKGROUND CHECKS.— 4 The security and law enforcement background 5 checks required under paragraph (2) shall be com6 pleted to the satisfaction of the Secretary before the 7 date on which an application for parole may be ap8 proved. 9 SEC. 2209. INFORMATIONAL CAMPAIGN; CASE STATUS HOT10 LINE. 11 (a) INFORMATIONAL CAMPAIGN.—The Secretary 12 shall implement an informational campaign, in English 13 and Spanish, in the United States, El Salvador, Guate14 mala, Honduras, and other appropriate Central American 15 countries to increase awareness of the programs author16 ized under this subtitle. 17 (b) CASE STATUS HOTLINE.—The Secretary shall es18 tablish a case status hotline to provide confidential proc19 essing information on pending cases. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 136 •HR 1177 IH 1 Subtitle C—Managing the Border 2 and Protecting Border Commu3 nities 4 SEC. 2301. EXPEDITING LEGITIMATE TRADE AND TRAVEL 5 AT PORTS OF ENTRY. 6 (a) TECHNOLOGY DEPLOYMENT PLAN.—The Sec7 retary is authorized to develop and implement a plan to 8 deploy technology— 9 (1) to expedite the screening of legitimate trade 10 and travel; and 11 (2) to enhance the ability to identify narcotics 12 and other contraband, at every land, air, and sea 13 port of entry. 14 (b) ELEMENTS.—The technology deployment plan 15 developed pursuant to subsection (a) shall include— 16 (1) the specific steps that will be taken to in17 crease the rate of high-throughput scanning of com18 mercial and passenger vehicles and freight rail traf19 fic entering the United States at land ports of entry 20 and rail-border crossings along the border using 21 large-scale, nonintrusive inspection systems or simi22 lar technology before primary inspections booths to 23 enhance border security; 24 (2) a comprehensive description of the tech25 nologies and improvements needed to facilitate legal VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 137 •HR 1177 IH 1 travel and trade, reduce wait times, and better iden2 tify contraband at land and rail ports of entry, in3 cluding— 4 (A) the specific steps the Secretary will 5 take to ensure, to the greatest extent prac6 ticable, that high-throughput scanning tech7 nologies are deployed within 5 years at all land 8 border ports of entry to ensure that all commer9 cial and passenger vehicles and freight rail traf10 fic entering the United States at land ports of 11 entry and rail-border crossings along the border 12 undergo pre-primary scanning; and 13 (B) the specific steps the Secretary will 14 take to increase the amount of cargo that is 15 subject to nonintrusive inspections systems at 16 all ports of entry; 17 (3) a comprehensive description of the tech18 nologies and improvements needed to enhance trav19 eler experience, reduce inspection and wait times, 20 and better identify potential criminals and terrorists 21 at air ports of entry; 22 (4) a comprehensive description of the tech23 nologies and improvements needed— 24 (A) to enhance the security of maritime 25 trade; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 138 •HR 1177 IH 1 (B) to increase the percent of shipping 2 containers that are scanned; and 3 (C) to enhance the speed and quality of in4 spections without adversely impacting trade 5 flows; 6 (5) any projected impacts identified by the 7 Commissioner of U.S. Customs and Border Protec8 tion regarding— 9 (A) the number of commercial and pas10 senger vehicles and freight rail traffic entering 11 at land ports of entry and rail-border crossings; 12 (B) where such systems are in use; and 13 (C) the average wait times at peak and 14 non-peak travel times, by lane type (if applica15 ble), as scanning rates are increased; 16 (6) any projected impacts, as identified by the 17 Commissioner of U.S. Customs and Border Protec18 tion, regarding border security operations at ports of 19 entry as a result of implementation actions, includ20 ing any required changes to the number of U.S. 21 Customs and Border Protection officers or their du22 ties and assignments; 23 (7) any projected impact on— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 139 •HR 1177 IH 1 (A) the ability of regular border crossers 2 and border community residents to cross the 3 border efficiently; and 4 (B) the privacy and civil liberties of border 5 community residents (as identified by medical 6 professionals), border community stakeholders 7 (including elected officials, educators, and busi8 ness leaders), and civil rights experts; 9 (8) detailed performance measures and bench10 marks that can be used to evaluate how effective 11 these technologies are in helping to expedite legal 12 trade and travel while enhancing security at ports of 13 entry; and 14 (9) the estimated costs and an acquisition plan 15 for implementing the steps identified in the plan, in16 cluding— 17 (A) achieving pre-primary, high-through18 put scanning at all feasible land and rail ports 19 of entry within the timeframes specified in 20 paragraph (1); 21 (B) reducing passenger and pedestrian 22 wait times; 23 (C) the acquisition, operations, and main24 tenance costs for large-scale, nonintrusive inVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 140 •HR 1177 IH 1 spection systems and other technologies identi2 fied in the plan; and 3 (D) associated costs for any necessary in4 frastructure enhancements or configuration 5 changes at each port of entry. 6 (c) SMALL BUSINESS OPPORTUNITIES.—The acquisi7 tion plan required under subsection (b)(9) shall promote, 8 to the extent practicable, opportunities for entities that 9 qualify as small business concerns (as defined under sec10 tion 3(a) of the Small Business Act (15 U.S.C. 632(a))). 11 (d) MODERNIZATION OF PORT OF ENTRY INFRA12 STRUCTURE.—The Secretary is authorized to develop and 13 implement a plan that— 14 (1) identifies infrastructure improvements at 15 ports of entry that would— 16 (A) enhance the ability to process asylum 17 seekers; 18 (B) facilitate daily pedestrian and vehic19 ular trade and traffic; and 20 (C) detect, interdict, disrupt, and prevent 21 fentanyl, other synthetic opioids, and other nar22 cotics and psychoactive substances and associ23 ated contraband from entering the United 24 States; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 141 •HR 1177 IH 1 (2) describes circumstances in which effective 2 technology in use at certain ports of entry smart 3 cannot be implemented at other ports of entry, in4 cluding— 5 (A) infrastructure constraints that would 6 impact the ability to deploy detection equipment 7 to improve the ability of such officers to iden8 tify such drugs and other dangers that are 9 being illegally transported into the United 10 States; and 11 (B) mitigation measures that could be im12 plemented at these ports of entry; and 13 (3) includes other improvements to infrastruc14 ture and safety equipment that are needed to protect 15 officers from inclement weather, surveillance by 16 smugglers, and accidental exposure to narcotics or 17 other dangers associated with the inspection of po18 tential drug traffickers. 19 (e) AUTHORIZATION OF APPROPRIATIONS.—There 20 are authorized to be appropriated such funds as may be 21 necessary to implement the plans required under this sec22 tion. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 142 •HR 1177 IH 1 SEC. 2302. DEPLOYING SMART TECHNOLOGY AT THE 2 SOUTHERN BORDER. 3 (a) IN GENERAL.—The Secretary is authorized to de4 velop and implement a strategy to manage and secure the 5 southern border of the United States by deploying smart 6 technology— 7 (1) to enhance situational awareness along the 8 border; and 9 (2) to counter transnational criminal networks. 10 (b) CONTENTS.—The smart technology strategy de11 scribed in subsection (a) shall include— 12 (1) a comprehensive assessment of the physical 13 barriers, levees, technologies, tools, and other devices 14 that are currently in use along the southern border 15 of the United States; 16 (2) the deployment of technology between ports 17 of entry that focuses on flexible solutions that can 18 expand the ability to detect illicit activity, evaluate 19 the effectiveness of border security operations, and 20 be easily relocated, broken out by U.S. Border Pa21 trol sector; 22 (3) the specific steps that may be taken in each 23 U.S. Border Patrol sector during the next 5 years 24 to identify technology systems and tools that can 25 help provide situational awareness of the southern 26 border; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 143 •HR 1177 IH 1 (4) an explanation for why each technology, 2 tool, or other device was recommended to achieve 3 and maintain situational awareness of the southern 4 border, including— 5 (A) the methodology used to determine 6 which type of technology, tool, or other device 7 was recommended; 8 (B) a specific description of how each tech9 nology will contribute to the goal of evaluating 10 the performance and identifying the effective11 ness rate of U.S. Border Patrol agents and op12 erations; and 13 (C) a privacy evaluation of each tech14 nology, tool, or other device that examines their 15 potential impact on border communities; 16 (5) cost-effectiveness calculations for each tech17 nology, tool, or other device that will be deployed, in18 cluding an analysis of the cost per mile of border 19 surveillance; 20 (6) a cost justification for each instance a more 21 expensive technology, tool, or other device is rec22 ommended over a less expensive option in a given 23 U.S. Border Patrol sector; and 24 (7) performance measures that can be used to 25 evaluate the effectiveness of each technology deVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 144 •HR 1177 IH 1 ployed and of U.S. Border Patrol operations in each 2 sector. 3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 4 are authorized to be appropriated such sums as may be 5 necessary to implement this section. 6 SEC. 2303. INDEPENDENT OVERSIGHT ON PRIVACY RIGHTS. 7 The Office of the Inspector General for the Depart8 ment of Homeland Security shall conduct oversight to en9 sure that— 10 (1) the technology used by U.S. Customs and 11 Border Protection is— 12 (A) effective in serving a legitimate agency 13 purpose; 14 (B) the least intrusive means of serving 15 such purpose; and 16 (C) cost effective; 17 (2) guidelines are developed for using such 18 technology to ensure appropriate limits on data col19 lection, processing, sharing, and retention; and 20 (3) the Department of Homeland Security has 21 consulted with stakeholders, including affected bor22 der communities, in the development of any plans to 23 expand technology. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 145 •HR 1177 IH 1 SEC. 2304. TRAINING AND CONTINUING EDUCATION. 2 (a) MANDATORY TRAINING AND CONTINUING EDU3 CATION TO PROMOTE AGENT AND OFFICER SAFETY AND 4 PROFESSIONALISM.—The Secretary is authorized to es5 tablish policies and guidelines to ensure that every agent 6 and officer of U.S. Customs and Border Protection and 7 U.S. Immigration and Customs Enforcement receives 8 training upon onboarding regarding accountability, stand9 ards for professional and ethical conduct, and oversight. 10 (b) CURRICULUM.—The training required under sub11 section (a) shall include— 12 (1) best practices in community policing, cul13 tural awareness, and carrying out enforcement ac14 tions near sensitive locations, responding to griev15 ances, and how to refer complaints to the Immigra16 tion Detention Ombudsman; 17 (2) interaction with vulnerable populations; and 18 (3) standards of professional and ethical con19 duct. 20 (c) CONTINUING EDUCATION.— 21 (1) IN GENERAL.—The Secretary shall require 22 all agents and officers of U.S. Customs and Border 23 Protection and U.S. Immigration and Customs En24 forcement who are required to undergo training 25 under subsection (a) to participate in continuing 26 education. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 146 •HR 1177 IH 1 (2) CONSTITUTIONAL AUTHORITY SUBJECT 2 MATTER.—Continuing education required under 3 paragraph (1) shall include training regarding— 4 (A) the protection of the civil, constitu5 tional, human, and privacy rights of individuals; 6 and 7 (B) use of force policies applicable to 8 agents and officers. 9 (3) ADMINISTRATION.—Courses offered as part 10 of continuing education under this subsection shall 11 be administered in coordination with the Federal 12 Law Enforcement Training Centers. 13 (d) MEDICAL TRAINING FOR U.S. BORDER PATROL 14 AGENTS.— 15 (1) IN GENERAL.—Section 411 of the Home16 land Security Act of 2002 (6 U.S.C. 211) is amend17 ed— 18 (A) in subsection (l)— 19 (i) by striking ‘‘The Commissioner’’ 20 and inserting the following: 21 ‘‘(1) CONTINUING EDUCATION.—The Commis22 sioner’’; and 23 (ii) by adding at the end the fol24 lowing: VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 147 •HR 1177 IH 1 ‘‘(2) MEDICAL TRAINING FOR U.S. BORDER PA2 TROL AGENTS.— 3 ‘‘(A) IN GENERAL.— 4 ‘‘(i) AVAILABILITY.—Beginning not 5 later than 6 months after the date of the 6 enactment of the U.S. Citizenship Act, the 7 Commissioner shall make available, in each 8 U.S. Border Patrol sector, at no cost to 9 U.S. Border Patrol agents selected for 10 such training, emergency medical techni11 cian (referred to in this paragraph as 12 ‘EMT’) and paramedic training, including 13 pediatric medical training, which shall uti14 lize nationally recognized pediatric training 15 curricula that includes emergency pediatric 16 care. 17 ‘‘(ii) USE OF OFFICIAL DUTY TIME.— 18 A U.S. Border Patrol agent shall be cred19 ited with work time for any EMT or para20 medic training provided to such agent 21 under clause (i) in order to achieve or 22 maintain an EMT or paramedic certifi23 cation. 24 ‘‘(iii) OBLIGATED OVERTIME.—A U.S. 25 Border Patrol agent shall not accrue any VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 148 •HR 1177 IH 1 debt of obligated overtime hours that the 2 agent may have incurred, pursuant to sec3 tion 5550(b) of title 5, United States 4 Code, in order to achieve or maintain a 5 paramedic certification. 6 ‘‘(iv) LODGING AND PER DIEM.— 7 Lodging and per diem shall be made avail8 able to U.S. Border Patrol agents attend9 ing training described in clause (i) if such 10 training is not available at a location with11 in commuting distance of the agent’s resi12 dence or worksite. 13 ‘‘(v) SERVICE COMMITMENT.—Any 14 U.S. Border Patrol agent who completes a 15 certification preparation program pursuant 16 to clause (i) shall— 17 ‘‘(I) complete 1 year of service as 18 a U.S. Border Patrol agent following 19 the completion of EMT training; 20 ‘‘(II) complete 3 years of service 21 as a U.S. Border Patrol agent fol22 lowing the completion of paramedic 23 training; or VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 149 •HR 1177 IH 1 ‘‘(III) reimburse U.S. Customs 2 and Border Protection in an amount 3 equal to the product of— 4 ‘‘(aa) the cost of providing 5 such training to such agent; mul6 tiplied by 7 ‘‘(bb) the percentage of the 8 service required under subclauses 9 (I) and (II) that the agent failed 10 to complete. 11 ‘‘(B) INCREASE IN RATE OF PAY FOR BOR12 DER PATROL MEDICAL CERTIFICATION.— 13 ‘‘(i) EMT CERTIFICATION.—A U.S. 14 Border Patrol agent who has completed 15 EMT training pursuant to subparagraph 16 (A)(i) and has a current, State-issued or 17 State-recognized certification as an EMT 18 shall receive, in addition to the pay to 19 which the agent is otherwise entitled under 20 this section, an amount equal to 5 percent 21 of such pay. 22 ‘‘(ii) PARAMEDIC CERTIFICATION.—A 23 U.S. Border Patrol agent who has com24 pleted paramedic training pursuant to sub25 paragraph (A)(i) and has a current, StateVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 150 •HR 1177 IH 1 issued or State-recognized certification as 2 a paramedic shall receive, in addition to 3 the pay to which the agent is otherwise en4 titled under this section (except for sub5 paragraph (A)), an amount equal to 10 6 percent of such pay. 7 ‘‘(iii) EXISTING CERTIFICATIONS.—A 8 U.S. Border Patrol agent who did not par9 ticipate in the training made available pur10 suant to subparagraph (A)(i), but, as of 11 the date of the enactment of the U.S. Citi12 zenship Act, has a current State-issued or 13 State-recognized EMT or paramedic cer14 tification, shall receive, in addition to the 15 pay to which the agent is otherwise enti16 tled under this section (excluding the ap17 plication of clause (i) and (ii)), an amount 18 equal to— 19 ‘‘(I) 5 percent of such pay for an 20 EMT certification; and 21 ‘‘(II) 10 percent of such pay for 22 a paramedic certification. 23 ‘‘(C) AVAILABILITY OF MEDICALLY 24 TRAINED BORDER PATROL AGENTS.—Not later 25 than 6 months after the date of the enactment VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 151 •HR 1177 IH 1 of the U.S. Citizenship Act, the Commissioner 2 of U.S. Customs and Border Protection shall— 3 ‘‘(i) ensure that— 4 ‘‘(I) U.S. Border Patrol agents 5 with current EMT or paramedic cer6 tifications are stationed at each U.S. 7 Border Patrol sector and remote sta8 tion along the southern border to the 9 greatest extent possible; 10 ‘‘(II) not fewer than 10 percent 11 of all U.S. Border Patrol agents as12 signed to each U.S. Border Patrol 13 sector have EMT certifications; and 14 ‘‘(III) not fewer than 1 percent 15 of all U.S. Border Patrol agents as16 signed to each U.S. Border Patrol 17 sector have paramedic certifications; 18 and 19 ‘‘(ii) in determining the assigned posts 20 of U.S. Border Patrol agents who have re21 ceived training under subparagraph (A)(i), 22 give priority to remote stations and for23 ward operating bases. 24 ‘‘(D) MEDICAL SUPPLIES.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 152 •HR 1177 IH 1 ‘‘(i) MINIMUM LIST.—The Commis2 sioner of U.S. Customs and Border Protec3 tion shall provide minimum medical sup4 plies to each U.S. Border Patrol agent 5 with an EMT or paramedic certification 6 and to each U.S. Border Patrol sector, in7 cluding all remote stations and forward op8 erating bases, for use while on patrol, in9 cluding— 10 ‘‘(I) supplies designed for chil11 dren; 12 ‘‘(II) first aid kits; and 13 ‘‘(III) oral hydration, such as 14 water. 15 ‘‘(ii) CONSULTATION.—In developing 16 the minimum list of medical supplies re17 quired under clause (i), the Commissioner 18 shall consult national organizations with 19 expertise in emergency medical care, in20 cluding emergency medical care of chil21 dren. 22 ‘‘(E) MOTOR VEHICLES.—The Commis23 sioner of U.S. Customs and Border Protection 24 shall make available appropriate motor vehicles 25 to U.S. Border Patrol agents with current EMT VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 153 •HR 1177 IH 1 or paramedic certifications to enable them to 2 provide necessary emergency medical assistance. 3 ‘‘(F) GAO REPORT.—Not later than 3 4 years after the date of the enactment of the 5 U.S. Citizenship Act, the Comptroller General 6 of the United States shall— 7 ‘‘(i) review the progress of the U.S. 8 Customs and Border Protection’s pro9 motion in reaching the goal of up to 10 10 percent of all U.S. Border Patrol agents 11 having EMT or paramedic certifications; 12 and 13 ‘‘(ii) provide a recommendation to 14 Congress as to whether— 15 ‘‘(I) the Commissioner of U.S. 16 Customs and Border Protection has 17 effectively and vigorously undertaken 18 an agency-wide effort to encourage 19 and promote the mandate for medical 20 training for U.S. Border Patrol 21 agents under this paragraph; 22 ‘‘(II) additional incentive modi23 fications are needed to achieve or 24 maintain the goal, including pay dif25 ferentials; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 154 •HR 1177 IH 1 ‘‘(III) the 10 percent goal is 2 properly scoped to materially con3 tribute to the preservation of life and 4 the effectiveness and efficiency of U.S. 5 Border Patrol operations, including 6 whether the number is too high or too 7 low.’’; and 8 (B) in subsection (r), by striking ‘‘section, 9 the terms’’ and inserting the following: ‘‘sec10 tion— 11 ‘‘(1) the term ‘child’ means any individual who 12 has not reached 18 years of age; and 13 ‘‘(2) the terms’’. 14 (2) AUTHORIZATION OF APPROPRIATIONS.— 15 There are authorized to be appropriated such sums 16 as may be necessary to carry out section 411(l)(2) 17 of the Homeland Security Act of 2002, as added by 18 paragraph (1). 19 (e) IDENTIFYING AND TREATING INDIVIDUALS EX20 PERIENCING MEDICAL DISTRESS.— 21 (1) ONLINE TRAINING.— 22 (A) IN GENERAL.—Beginning on the date 23 that is 90 days after the date of the enactment 24 of this Act, the Commissioner of U.S. Customs 25 and Border Protection shall require all U.S. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 155 •HR 1177 IH 1 Border Patrol agents, including agents with 2 EMT or paramedic certification, to complete an 3 online training program that meets nationally 4 recognized standards for the medical care of 5 children to enable U.S. Border Patrol agents— 6 (i) to identify common signs of med7 ical distress in children; and 8 (ii) to ensure the timely transport of 9 sick or injured children to an appropriate 10 medical provider. 11 (B) CONTRACT.—In developing or selecting 12 an online training program under subparagraph 13 (A), the Commissioner may enter into a con14 tract with a national professional medical asso15 ciation of pediatric medical providers. 16 (2) VOICE ACCESS TO MEDICAL PROFES17 SIONALS.— 18 (A) IN GENERAL.—The Commissioner of 19 U.S. Customs and Border Protection shall en20 sure that all remote U.S. Border Patrol sta21 tions, forward operating bases, and remote 22 ports of entry along the southern border of the 23 United States have 24-hour voice access to a 24 medical command physician whose board certifi25 cation includes the ability to perform this role VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 156 •HR 1177 IH 1 or a mid-level health care provider with pedi2 atric training for consultations regarding the 3 medical needs of individuals, including children, 4 taken into custody near the United States bor5 der. 6 (B) ACCEPTABLE MEANS OF ACCESS.—Ac7 cess under subparagraph (A) may be accom8 plished through mobile phones, satellite mobile 9 radios, or other means prescribed by the Com10 missioner. 11 (f) COMMERCIAL DRIVER PROGRAM.— 12 (1) ESTABLISHMENT.—The Commissioner of 13 U.S. Customs and Border Protection shall establish 14 a program to expedite detainee transport to border 15 patrol processing facilities by ensuring, beginning 16 not later than 1 year after the date of the enactment 17 of this Act, that— 18 (A) not fewer than 300 U.S. Border Patrol 19 agents assigned to remote U.S. Border Patrol 20 stations have a commercial driver’s license with 21 a passenger endorsement for detainee transport; 22 (B) in each of the El Paso, Laredo, Rio 23 Grande Valley, San Diego, Yuma, and Tucson 24 U.S. Border Patrol Sectors— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 157 •HR 1177 IH 1 (i) not fewer than 5 U.S. Border Pa2 trol agents with a commercial driver’s li3 cense are available during every shift; and 4 (ii) not fewer than 3 buses are as5 signed to the sector; and 6 (C) in each of the Big Bend, Del Rio, and 7 El Centro U.S. Border Patrol Sectors— 8 (i) not fewer than 2 U.S. Border Pa9 trol agents with a commercial driver’s li10 cense are available during every shift; and 11 (ii) not fewer than 1 bus is assigned 12 to the sector. 13 (2) RELOCATION.—Buses assigned to specific 14 U.S. Border Patrol sectors pursuant to paragraph 15 (1) may be relocated to other sectors in response to 16 changing patterns. 17 (3) REDUCING WAIT TIMES AT REMOTE U.S. 18 BORDER PATROL STATIONS.—The Commissioner of 19 U.S. Customs and Border Protection shall ensure 20 that sufficient buses are available in each U.S. Bor21 der Patrol sector to avoid subjecting detainees to 22 long wait times at remote border patrol stations. 23 (4) USE OF OFFICIAL DUTY TIME.—A U.S. 24 Border Patrol agent shall be credited with work time VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 158 •HR 1177 IH 1 for the process of obtaining and maintaining a com2 mercial driver’s license under paragraph (1). 3 (5) REPORTS TO CONGRESS.—The Secretary 4 shall submit quarterly reports regarding the average 5 length of detainees’ stay at U.S. Border Patrol sta6 tions to— 7 (A) the Committee on Homeland Security 8 and Governmental Affairs of the Senate; and 9 (B) the Committee on Homeland Security 10 of the House of Representatives. 11 SEC. 2305. GAO STUDY OF WAIVER OF ENVIRONMENTAL 12 AND OTHER LAWS. 13 The Comptroller General of the United States shall 14 study the impact of the authority of the Secretary, under 15 section 102(c) of the Illegal Immigration Reform and Im16 migrant Responsibility Act of 1996 (Division C of Public 17 Law 104–208; 8 U.S.C. 1103 note), to waive otherwise 18 applicable legal requirements to expedite the construction 19 of barriers and roads near United States borders, includ20 ing the impact of such waiver on the environment, Indian 21 lands, and border communities. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 159 •HR 1177 IH 1 SEC. 2306. ESTABLISHMENT OF BORDER COMMUNITY 2 STAKEHOLDER ADVISORY COMMITTEE. 3 (a) IN GENERAL.—Subtitle B of title IV of the 4 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 5 is amended by inserting after section 415 the following: 6 ‘‘SEC. 416. BORDER COMMUNITY STAKEHOLDER ADVISORY 7 COMMITTEE. 8 ‘‘(a) DEFINITIONS.—In this section: 9 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi10 sory Committee’ means the Border Community 11 Stakeholder Advisory committee established pursu12 ant to subsection (b). 13 ‘‘(2) BORDER COMMUNITY STAKEHOLDER.— 14 The term ‘border community stakeholder’ means an 15 individual who has ownership interests or resides 16 near an international land border of the United 17 States, including— 18 ‘‘(A) an individual who owns land within 19 10 miles of an international land border of the 20 United States; 21 ‘‘(B) a business leader of a company oper22 ating within 100 miles of a land border of the 23 United States; 24 ‘‘(C) a local official from a community on 25 a land border of the United States; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 160 •HR 1177 IH 1 ‘‘(D) a representative of an Indian Tribe 2 possessing Tribal lands on a land border of the 3 United States; and 4 ‘‘(E) a representative of a human rights or 5 civil rights organization operating near a land 6 border of the United States. 7 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab8 lish, within the Department, the Border Community 9 Stakeholder Advisory Committee. 10 ‘‘(c) DUTIES.— 11 ‘‘(1) IN GENERAL.—The Secretary shall consult 12 with the Advisory Committee, as appropriate, re13 garding border security and immigration enforce14 ment matters, including on the development, refine15 ment, and implementation of policies, protocols, pro16 grams, and rulemaking pertaining to border security 17 and immigration enforcement that may impact bor18 der communities. 19 ‘‘(2) RECOMMENDATIONS.—The Advisory Com20 mittee shall develop, at the request of the Secretary, 21 recommendations regarding policies, protocols, pro22 grams, and rulemaking pertaining to border security 23 and immigration enforcement that may impact bor24 der communities. 25 ‘‘(d) MEMBERSHIP.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 161 •HR 1177 IH 1 ‘‘(1) APPOINTMENT.— 2 ‘‘(A) IN GENERAL.—The Secretary shall 3 appoint the members of the Advisory Com4 mittee. 5 ‘‘(B) COMPOSITION.—The Advisory Com6 mittee shall be composed of— 7 ‘‘(i) 1 border community stakeholder 8 from each of the 9 U.S. Border Patrol sec9 tors; and 10 ‘‘(ii) 3 individuals with significant ex11 pertise and experience in immigration law, 12 civil rights, and civil liberties, particularly 13 relating to the interests of residents of bor14 der communities. 15 ‘‘(2) TERM OF OFFICE.— 16 ‘‘(A) TERMS.—The term of each member 17 of the Advisory Committee shall be 2 years. 18 The Secretary may reappoint members for addi19 tional terms. 20 ‘‘(B) REMOVAL.—The Secretary may re21 view the participation of a member of the Advi22 sory Committee and remove such member for 23 cause at any time. 24 ‘‘(3) PROHIBITION ON COMPENSATION.—The 25 members of the Advisory Committee may not receive VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 162 •HR 1177 IH 1 pay, allowances, or benefits from the Federal Gov2 ernment by reason of their service on the Advisory 3 Committee. 4 ‘‘(4) MEETINGS.— 5 ‘‘(A) IN GENERAL.—The Secretary shall 6 require the Advisory Committee to meet at least 7 semiannually and may convene additional meet8 ings as necessary. 9 ‘‘(B) PUBLIC MEETINGS.—At least 1 of 10 the meetings described in subparagraph (A) 11 shall be open to the public. 12 ‘‘(C) ATTENDANCE.—The Advisory Com13 mittee shall maintain a record of the persons 14 present at each meeting. 15 ‘‘(5) MEMBER ACCESS TO SENSITIVE SECURITY 16 INFORMATION.— 17 ‘‘(A) ACCESS.—If the Secretary determines 18 that there is no cause to restrict a member of 19 the Advisory Committee from possessing sen20 sitive security information, the member may be 21 granted access to such information that is rel22 evant to the member’s advisory duties after vol23 untarily signing a nondisclosure agreement. 24 ‘‘(B) RESTRICTIONS ON USE.—The mem25 ber shall protect the sensitive security informaVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 163 •HR 1177 IH 1 tion referred to in subparagraph (A) in accord2 ance with part 1520 of title 49, Code of Fed3 eral Regulations. 4 ‘‘(6) CHAIRPERSON.—A stakeholder representa5 tive on the Advisory Committee who is elected by the 6 appointed membership of the Advisory Committee 7 shall chair the Advisory Committee. 8 ‘‘(e) NONAPPLICABILITY OF FACA.—The Federal 9 Advisory Committee Act (5 U.S.C. App.) shall not apply 10 to the Advisory Committee or any of its subcommittees.’’. 11 (b) APPROPRIATIONS.—There are authorized to be 12 appropriated such sums as may be necessary to implement 13 this section. 14 (c) CLERICAL AMENDMENT.—The table of contents 15 in section 1(b) of the Homeland Security Act of 2002 16 (Public Law 107–296) is amended by inserting after the 17 item relating to section 415 the following: ‘‘Sec. 416. Border Community Stakeholder Advisory Committee.’’. 18 SEC. 2307. RESCUE BEACONS. 19 Section 411(o) of the Homeland Security Act of 2002 20 (6 U.S.C. 211(o)) is amended by adding at the end the 21 following: 22 ‘‘(3) RESCUE BEACONS.—Beginning on October 23 1, 2021, in carrying out subsection (c)(8), the Com24 missioner shall purchase, deploy, and maintain addi25 tional self-powering, 9–1–1 cellular relay rescue beaVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 164 •HR 1177 IH 1 cons along the southern border of the United States 2 at appropriate locations, as determined by the Com3 missioner, to effectively mitigate migrant deaths.’’. 4 SEC. 2308. USE OF FORCE. 5 (a) DEPARTMENT OF HOMELAND SECURITY POLI6 CIES.— 7 (1) ISSUANCE.—The Secretary, in coordination 8 with the Assistant Attorney General for the Civil 9 Rights, shall issue policies governing the use of force 10 by all Department of Homeland Security personnel. 11 (2) CONSULTATION REQUIREMENT.—In devel12 oping policies pursuant to paragraph (1), the Sec13 retary shall consult with law enforcement and civil 14 rights organizations to ensure that such policies— 15 (A) focus law enforcement efforts and tac16 tics on protecting public safety and national se17 curity that are consistent with our Nation’s val18 ues; and 19 (B) leverage best practices and technology 20 to provide such protection. 21 (b) PUBLIC REPORTING.—Not later than 24 hours 22 after any use-of-force incident that results in serious in23 jury to, or the death of, an officer, agent, or member of 24 the public, the Secretary shall— 25 (1) make the facts of such incident public; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 165 •HR 1177 IH 1 (2) comply fully with the requirements set forth 2 in section 3 of the Death in Custody Reporting Act 3 of 2013 (42 U.S.C. 13727a). 4 SEC. 2309. OFFICE OF PROFESSIONAL RESPONSIBILITY. 5 (a) IN GENERAL.—The Commissioner of U.S. Cus6 toms and Border Protection shall hire, train, and assign 7 sufficient Office of Professional Responsibility special 8 agents to ensure that there is 1 such special agent for 9 every 30 officers to investigate criminal and administrative 10 matters and misconduct by officers and other employees 11 of U.S. Customs and Border Protection. 12 (b) CONTRACTS.—The Commissioner is authorized to 13 enter into such contracts as may be necessary to carry 14 out this section. 15 Subtitle D—Improving Border In16 frastructure for Families and 17 Children; Cracking Down on 18 Criminal Organizations 19 SEC. 2401. HUMANITARIAN AND MEDICAL STANDARDS FOR 20 INDIVIDUALS IN U.S. CUSTOMS AND BORDER 21 PROTECTION CUSTODY. 22 (a) IN GENERAL.—The Secretary, in coordination 23 with the Secretary of Health and Human Services, and 24 in consultation with nongovernmental experts in the deliv25 ery of humanitarian response and health care, shall deVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 166 •HR 1177 IH 1 velop guidelines and protocols for basic minimum stand2 ards of care for individuals in the custody of U.S. Customs 3 and Border Protection. 4 (b) ISSUES ADDRESSED.—The guidelines and proto5 cols described in subsection (a) shall ensure that the staff6 ing, physical facilities, furnishings, and supplies are ade7 quate to provide each detainee with appropriate— 8 (1) medical care, including initial health 9 screenings and medical assessments; 10 (2) water, sanitation, and hygiene; 11 (3) food and nutrition; 12 (4) clothing and shelter; 13 (5) quiet, dimly illuminated sleeping quarters if 14 he or she is detained overnight; 15 (6) information about available services and 16 legal rights, in the common language spoken by the 17 detainee, and access to a telephone; and 18 (7) freedom to practice the detainee’s religion. 19 SEC. 2402. CHILD WELFARE AT THE BORDER. 20 (a) GUIDELINES.—The Secretary, in consultation 21 with appropriate Federal, State, and local government of22 ficials, pediatricians, and child welfare experts and private 23 sector agencies, shall develop additional guidelines for the 24 treatment of children in the custody of U.S. Customs and 25 Border Protection. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 167 •HR 1177 IH 1 (b) GUIDING PRINCIPLE.—The guiding principle of 2 the guidelines developed pursuant to subsection (a) shall 3 be ‘‘the best interest of the child’’ and shall include— 4 (1) appropriate training for all Department of 5 Homeland Security personnel and cooperating entity 6 personnel who have contact with children relating to 7 the care and custody of children; 8 (2) ensuring the availability of qualified child 9 welfare professionals and licensed medical profes10 sionals, as appropriate; 11 (3) a reliable system for identifying and report12 ing allegations of child abuse or neglect; 13 (4) prohibiting the removal of a child from a 14 parent or legal guardian for the purpose of deterring 15 individuals from migrating to the United States or 16 promoting compliance with the United States immi17 gration laws; 18 (5) reasonable arrangements for unannounced 19 visits and inspections by the Office of Inspector Gen20 eral of the Department of Homeland Security, non21 governmental organizations, and State and local 22 child welfare agencies; and 23 (6) the preservation of all records associated 24 with children in the custody of the Department of 25 Homeland Security, including records of— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 168 •HR 1177 IH 1 (A) the identities of the children; 2 (B) any known family members of the chil3 dren; and 4 (C) reported incidents of abuse of the chil5 dren while in custody. 6 (c) AUTHORIZATION OF APPROPRIATIONS.—There 7 are authorized to be appropriated such sums as may be 8 necessary to implement this section. 9 SEC. 2403. OFFICE OF INSPECTOR GENERAL OVERSIGHT. 10 Not later than 6 months after the date of the enact11 ment of this Act and every 6 months thereafter, the In12 spector General of the Department of Homeland Security, 13 in coordination with the Secretary of Health and Human 14 Services, shall submit a report to the appropriate congres15 sional committees regarding— 16 (1) the status of the implementation of sections 17 2401 and 2402; and 18 (2) findings made after announced and unan19 nounced inspections to Department of Homeland Se20 curity facilities. 21 SEC. 2404. ENHANCED INVESTIGATION AND PROSECUTION 22 OF HUMAN SMUGGLING NETWORKS AND 23 TRAFFICKING ORGANIZATIONS. 24 The Attorney General and the Secretary shall expand 25 collaboration on the investigation and prosecution of VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 169 •HR 1177 IH 1 human smuggling networks and trafficking organizations 2 targeting migrants, asylum seekers, and unaccompanied 3 children and operating at the southwestern border of the 4 United States, including the continuation and expansion 5 of anti-trafficking coordination teams. 6 SEC. 2405. ENHANCED PENALTIES FOR ORGANIZED SMUG7 GLING SCHEMES. 8 (a) IN GENERAL.—Section 274(a)(1)(B) of the Im9 migration and Nationality Act (8 U.S.C. 1324(a)(1)(B)) 10 is amended— 11 (1) by redesignating clauses (iii) and (iv) as 12 clauses (iv) and (v), respectively; 13 (2) by inserting after clause (ii) the following: 14 ‘‘(iii) in the case of a violation of subparagraph 15 (A)(i) during and in relation to which the person, 16 while acting for profit or other financial gain, know17 ingly directs or participates in a scheme to cause 10 18 or more persons (other than a parent, spouse, sib19 ling, son or daughter, grandparent, or grandchild of 20 the offender) to enter or to attempt to enter the 21 United States at the same time at a place other 22 than a designated port of entry or place other than 23 designated by the Secretary, be fined under title 18, 24 United States Code, imprisoned not more than 15 25 years, or both;’’; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 170 •HR 1177 IH 1 (3) in clause (iv), as redesignated, by inserting 2 ‘‘commits or attempts to commit sexual assault of,’’ 3 after ‘‘section 1365 of title 18, United States Code) 4 to,’’. 5 (b) BULK CASH SMUGGLING.—Section 5332(b)(1) of 6 title 31, United States Code, is amended— 7 (1) in the paragraph heading, by striking 8 ‘‘TERM OF IMPRISONMENT.—’’ and inserting ‘‘IN 9 GENERAL.—’’; and 10 (2) by inserting ‘‘, fined under title 18, or 11 both’’ after ‘‘5 years’’. 12 SEC. 2406. EXPANDING FINANCIAL SANCTIONS ON NAR13 COTICS TRAFFICKING AND MONEY LAUN14 DERING. 15 (a) FINANCIAL SANCTIONS EXPANSION.—The Sec16 retary of the Treasury, the Attorney General, the Sec17 retary of State, the Secretary of Defense, and the Director 18 of Central Intelligence shall expand investigations, intel19 ligence collection, and analysis pursuant to the Foreign 20 Narcotics Kingpin Designation Act (21 U.S.C. 1901 et 21 seq.) to increase the identification and application of sanc22 tions against— 23 (1) significant foreign narcotics traffickers and 24 their organizations and networks; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 171 •HR 1177 IH 1 (2) foreign persons, including government offi2 cials, who provide material, financial, or techno3 logical support to such traffickers, organizations, or 4 networks. 5 (b) SPECIFIC TARGETS.—The activities described in 6 subsection (a) shall specifically target foreign narcotics 7 traffickers, their organizations and networks, and the for8 eign persons, including government officials, who provide 9 material, financial, or technological support to such traf10 fickers, organizations, and networks that are present and 11 operating in Central America. 12 (c) AUTHORIZATION OF APPROPRIATIONS.—There 13 are authorized to be appropriated such sums as may be 14 necessary to carry out subsection (a). 15 SEC. 2407. SUPPORT FOR TRANSNATIONAL ANTI-GANG 16 TASK FORCES FOR COUNTERING CRIMINAL 17 GANGS. 18 The Director of the Federal Bureau of Investigation, 19 the Director of the Drug Enforcement Administration, 20 and the Secretary, in coordination with the Secretary of 21 State, shall expand the use of transnational task forces 22 that seek to address transnational crime perpetrated by 23 gangs in El Salvador, Guatemala, Honduras, and any 24 other identified country by— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 172 •HR 1177 IH 1 (1) expanding transnational criminal investiga2 tions focused on criminal gangs in identified coun3 tries, such as MS–13 and 18th Street; 4 (2) expanding training and partnership efforts 5 with law enforcement entities in identified countries 6 to disrupt and dismantle criminal gangs, both inter7 nationally and in their respective countries; 8 (3) establishing or expanding gang-related in9 vestigative units; 10 (4) collecting and disseminating intelligence to 11 support related United States-based investigations; 12 and 13 (5) expanding programming related to gang 14 intervention and prevention for at-risk youth. 15 SEC. 2408. HINDERING IMMIGRATION, BORDER, AND CUS16 TOMS CONTROLS. 17 (a) PERSONNEL AND STRUCTURES.—Title II of the 18 Immigration and Nationality Act (8 U.S.C. 1151 et seq.) 19 is amended by inserting after section 274D the following: 20 ‘‘SEC. 274E. HINDERING IMMIGRATION, BORDER, AND CUS21 TOMS CONTROLS. 22 ‘‘(a) ILLICIT SPOTTING.— 23 ‘‘(1) IN GENERAL.—It shall be unlawful to 24 knowingly surveil, track, monitor, or transmit the lo25 cation, movement, or activities of any officer or emVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 173 •HR 1177 IH 1 ployee of a Federal, State, or Tribal law enforce2 ment agency with the intent— 3 ‘‘(A) to gain financially; and 4 ‘‘(B) to violate— 5 ‘‘(i) the immigration laws; 6 ‘‘(ii) the customs and trade laws of 7 the United States (as defined in section 8 2(4) of the Trade Facilitation and Trade 9 Enforcement Act of 2015 (Public Law 10 114–125)); 11 ‘‘(iii) any other Federal law relating 12 to transporting controlled substances, agri13 culture, or monetary instruments into the 14 United States; or 15 ‘‘(iv) any Federal law relating to bor16 der controls measures of the United 17 States. 18 ‘‘(2) PENALTY.—Any person who violates para19 graph (1) shall be fined under title 18, United 20 States Code, imprisoned for not more than 5 years, 21 or both. 22 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER 23 CONTROLS.— 24 ‘‘(1) IN GENERAL.—It shall be unlawful to 25 knowingly and without lawful authorization— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 174 •HR 1177 IH 1 ‘‘(A) destroy or significantly damage any 2 fence, barrier, sensor, camera, or other physical 3 or electronic device deployed by the Federal 4 Government to control an international border 5 of, or a port of entry to, the United States; or 6 ‘‘(B) otherwise construct, excavate, or 7 make any structure intended to defeat, cir8 cumvent or evade such a fence, barrier, sensor 9 camera, or other physical or electronic device 10 deployed by the Federal Government to control 11 an international border of, or a port of entry to, 12 the United States. 13 ‘‘(2) PENALTY.—Any person who violates para14 graph (1) shall be fined under title 18, United 15 States Code, imprisoned for not more than 5 years, 16 or both.’’. 17 (b) CLERICAL AMENDMENT.—The table of contents 18 of the Immigration and Nationality Act (8 U.S.C. 1101 19 et seq.) is amended by inserting after the item relating 20 to section 274D the following: ‘‘Sec. 274E. Hindering immigration, border, and customs controls.’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6211 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 175 •HR 1177 IH 1 TITLE III—REFORM OF THE 2 IMMIGRANT VISA SYSTEM 3 Subtitle A—Promoting Family 4 Reunification 5 SEC. 3101. RECAPTURE OF IMMIGRANT VISAS LOST TO BU6 REAUCRATIC DELAY. 7 (a) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM8 MIGRANTS.—Section 201(c) of the Immigration and Na9 tionality Act (8 U.S.C. 1151(c)) is amended to read as 10 follows: 11 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED 12 IMMIGRANTS.— 13 ‘‘(1) IN GENERAL.—The worldwide level of fam14 ily-sponsored immigrants under this subsection for a 15 fiscal year is equal to the sum of— 16 ‘‘(A) 480,000; 17 ‘‘(B) the number computed under para18 graph (2); and 19 ‘‘(C) the number computed under para20 graph (3). 21 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS 22 FISCAL YEAR.—The number computed under this 23 paragraph for a fiscal year is the difference, if any, 24 between— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 176 •HR 1177 IH 1 ‘‘(A) the worldwide level of employment2 based immigrant visas established for the pre3 vious fiscal year; and 4 ‘‘(B) the number of visas issued under sec5 tion 203(b) during the previous fiscal year. 6 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL 7 YEARS 1992 THROUGH 2020.—The number computed 8 under this paragraph is the difference, if any, be9 tween— 10 ‘‘(A) the difference, if any, between— 11 ‘‘(i) the sum of the worldwide levels of 12 family-sponsored immigrant visas estab13 lished for fiscal years 1992 through 2020; 14 and 15 ‘‘(ii) the number of visas issued under 16 section 203(a) during such fiscal years; 17 and 18 ‘‘(B) the number of visas resulting from 19 the calculation under subparagraph (A) that 20 were issued after fiscal year 2020 under section 21 203(a).’’. 22 (b) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 23 IMMIGRANTS.—Section 201(d) of the Immigration and 24 Nationality Act (8 U.S.C. 1151(d)) is amended to read 25 as follows: VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 177 •HR 1177 IH 1 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 2 IMMIGRANTS.— 3 ‘‘(1) IN GENERAL.—The worldwide level of em4 ployment-based immigrants under this subsection for 5 a fiscal year is equal to the sum of— 6 ‘‘(A) 170,000; 7 ‘‘(B) the number computed under para8 graph (2); and 9 ‘‘(C) the number computed under para10 graph (3). 11 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS 12 FISCAL YEAR.—The number computed under this 13 paragraph for a fiscal year is the difference, if any, 14 between— 15 ‘‘(A) the worldwide level of family-spon16 sored immigrant visas established for the pre17 vious fiscal year; and 18 ‘‘(B) the number of visas issued under sec19 tion 203(a) during the previous fiscal year. 20 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL 21 YEARS 1992 THROUGH 2020.—The number computed 22 under this paragraph is the difference, if any, be23 tween— 24 ‘‘(A) the difference, if any, between— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 178 •HR 1177 IH 1 ‘‘(i) the sum of the worldwide levels of 2 employment-based immigrant visas estab3 lished for each of fiscal years 1992 4 through 2020; and 5 ‘‘(ii) the number of visas issued under 6 section 203(b) during such fiscal years; 7 and 8 ‘‘(B) the number of visas resulting from 9 the calculation under subparagraph (A) that 10 were issued after fiscal year 2020 under section 11 203(b).’’. 12 (c) EFFECTIVE DATE.—The amendments made by 13 this section shall apply to each fiscal year beginning with 14 fiscal year 2022. 15 SEC. 3102. RECLASSIFICATION OF SPOUSES AND MINOR 16 CHILDREN OF LAWFUL PERMANENT RESI17 DENTS AS IMMEDIATE RELATIVES. 18 (a) IN GENERAL.—Section 201(b)(2) of the Immi19 gration and Nationality Act (8 U.S.C. 1151(b)(2)) is 20 amended to read as follows: 21 ‘‘(2) IMMEDIATE RELATIVES.— 22 ‘‘(A) IN GENERAL.— 23 ‘‘(i) IMMEDIATE RELATIVE DE24 FINED.—In this Act, the term ‘immediate 25 relative’ includes— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 179 •HR 1177 IH 1 ‘‘(I) a child, spouse, and parent 2 of a citizen of the United States, ex3 cept that, in the case of parents, such 4 citizen of the United States shall be 5 at least 21 years of age; 6 ‘‘(II) a child or spouse of a law7 ful permanent resident; and 8 ‘‘(III) for each family member of 9 a citizen of the United States or law10 ful permanent resident described in 11 subclauses (I) and (II), the family 12 member’s spouse or child who is ac13 companying or following to join the 14 family member. 15 ‘‘(ii) PREVIOUSLY ISSUED VISA.—A 16 noncitizen admitted under section 211(a) 17 on the basis of a prior issuance of a visa 18 under section 203(a) to his or her imme19 diate relative accompanying parent is an 20 immediate relative. 21 ‘‘(iii) PARENTS AND CHILDREN.—A 22 noncitizen who was the child or parent of 23 a citizen of the United States or a child of 24 a lawful permanent resident on the date of 25 the death of the United States citizen or VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 180 •HR 1177 IH 1 lawful permanent resident is an immediate 2 relative if the noncitizen files a petition 3 under section 204(a)(1)(A)(ii) not later 4 than 2 years after such date or before at5 taining 21 years of age. 6 ‘‘(iv) SPOUSES.—A noncitizen who 7 was the spouse of a citizen of the United 8 States or lawful permanent resident for 9 not less than 2 years on the date of death 10 of the United States citizen or lawful per11 manent resident (or, if married for less 12 than 2 years on such date, proves by a pre13 ponderance of the evidence that the mar14 riage was entered into in good faith and 15 not solely for the purpose of obtaining an 16 immigration benefit and the noncitizen was 17 not legally separated from the citizen of 18 the United States or lawful permanent 19 resident on such date) and each child of 20 such noncitizen shall be considered, for 21 purposes of this subsection, an immediate 22 relative after such date if the spouse files 23 a petition under section 204(a)(1)(A)(ii) 24 before the date on which the spouse remar25 ries. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 181 •HR 1177 IH 1 ‘‘(v) SPECIAL RULE.—For purposes of 2 this subparagraph, a noncitizen who has 3 filed a petition under clause (iii) or (iv) of 4 section 204(a)(1)(A) remains an immediate 5 relative if the United States citizen or law6 ful permanent resident spouse or parent 7 loses United States citizenship or lawful 8 permanent residence on account of the 9 abuse. 10 ‘‘(B) BIRTH DURING TEMPORARY VISIT 11 ABROAD.—A noncitizen born to a lawful perma12 nent resident during a temporary visit abroad is 13 an immediate relative.’’. 14 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 15 203(a) of the Immigration and Nationality Act (8 U.S.C. 16 1153(a)) is amended— 17 (1) in paragraph (1), by striking ‘‘23,400’’ and 18 inserting ‘‘26.5 percent of such worldwide level’’; 19 (2) by striking paragraph (2) and inserting the 20 following: 21 ‘‘(2) UNMARRIED SONS AND UNMARRIED 22 DAUGHTERS OF LAWFUL PERMANENT RESIDENTS.— 23 Qualified immigrants who are the unmarried sons or 24 unmarried daughters (but are not the children) of 25 lawful permanent residents shall be allocated visas in VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 182 •HR 1177 IH 1 a number not to exceed 16.8 percent of such world2 wide level, plus any visas not required for the class 3 specified in paragraph (1).’’; 4 (3) in paragraph (3), by striking ‘‘23,400’’ and 5 inserting ‘‘16.8 percent of such worldwide level’’; 6 and 7 (4) in paragraph (4), by striking ‘‘65,000’’ and 8 inserting ‘‘39.9 percent of such worldwide level’’. 9 (c) CONFORMING AMENDMENTS.— 10 (1) RULES FOR DETERMINING WHETHER CER11 TAIN NONCITIZENS ARE IMMEDIATE RELATIVES.— 12 Section 201(f) of the Immigration and Nationality 13 Act (8 U.S.C. 1151(f)) is amended— 14 (A) in paragraph (1), by striking ‘‘para15 graphs (2) and (3),’’ and inserting ‘‘paragraph 16 (2),’’; 17 (B) by striking paragraph (2); 18 (C) by redesignating paragraphs (3) and 19 (4) as paragraphs (2) and (3), respectively; and 20 (D) in paragraph (3), as redesignated by 21 subparagraph (C), by striking ‘‘through (3)’’ 22 and inserting ‘‘and (2)’’. 23 (2) ALLOCATION OF IMMIGRATION VISAS.—Sec24 tion 203(h) of the Immigration and Nationality Act 25 (8 U.S.C. 1153(h)) is amended— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 183 •HR 1177 IH 1 (A) in paragraph (1)— 2 (i) in the matter preceding subpara3 graph (A), by striking ‘‘subsections 4 (a)(2)(A) and (d)’’ and inserting ‘‘sub5 section (d)’’; 6 (ii) in subparagraph (A), by striking 7 ‘‘becomes available for such noncitizen (or, 8 in the case of subsection (d), the date on 9 which an immigrant visa number became 10 available for the noncitizen’s parent),’’ and 11 inserting ‘‘became available for the nonciti12 zen’s parent,’’; and 13 (iii) in subparagraph (B), by striking 14 ‘‘applicable’’; 15 (B) by amending paragraph (2) to read as 16 follows: 17 ‘‘(2) PETITION DESCRIBED.—The petition de18 scribed in this paragraph is a petition filed under 19 section 204 for classification of a noncitizen’s parent 20 under subsection (a), (b), or (c).’’; and 21 (C) in paragraph (3), by striking ‘‘sub22 sections (a)(2)(A) and (d)’’ and inserting ‘‘sub23 section (d)’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 184 •HR 1177 IH 1 (3) PROCEDURE FOR GRANTING IMMIGRANT 2 STATUS.—Section 204 of the Immigration and Na3 tionality Act (8 U.S.C. 1154) is amended— 4 (A) in subsection (a)(1)— 5 (i) in subparagraph (A)— 6 (I) in clause (i), by inserting ‘‘or 7 lawful permanent resident’’ after ‘‘cit8 izen of the United States’’; 9 (II) in clause (ii), by striking 10 ‘‘described in the second sentence of 11 section 201(b)(2)(A)(i) also’’ and in12 serting ‘‘, noncitizen child, or noncit13 izen parent described in section 14 201(b)(2)(A)’’; 15 (III) in clause (iii)— 16 (aa) in subclause (I)(aa), by 17 inserting ‘‘or lawful permanent 18 resident’’ after ‘‘citizen’’; and 19 (bb) in subclause (II)(aa)— 20 (AA) in subitems (AA) 21 and (BB), by inserting ‘‘or 22 lawful permanent resident;’’ 23 after ‘‘citizen of the United 24 States’’ each place it ap25 pears; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 185 •HR 1177 IH 1 (BB) in subitem (CC), 2 by inserting ‘‘or lawful per3 manent resident’’ after 4 ‘‘United States citizen’’ each 5 place it appears and by in6 serting ‘‘or lawful perma7 nent resident’’ after ‘‘citi8 zenship’’; 9 (IV) in clause (iv)— 10 (aa) by striking ‘‘citizen of 11 the United States’’ and inserting 12 ‘‘United States citizen or lawful 13 permanent resident parent’’; 14 (bb) by inserting ‘‘or lawful 15 permanent resident’’ after 16 ‘‘United States citizen’’; 17 (cc) by inserting ‘‘or lawful 18 permanent resident’’ after ‘‘citi19 zenship’’; 20 (dd) by striking ‘‘citizen 21 parent may’’ and inserting 22 ‘‘United States citizen or lawful 23 permanent resident parent may’’; 24 (ee) by striking ‘‘citizen par25 ent.’’ and inserting ‘‘United VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 186 •HR 1177 IH 1 States citizen or lawful perma2 nent resident parent.’’; and 3 (ff) by striking ‘‘residence 4 includes’’ and inserting ‘‘resi5 dence with a parent includes’’; 6 (V) in clause (v)(I), by inserting 7 ‘‘or lawful permanent resident’’ after 8 ‘‘citizen’’; 9 (VI) in clause (vi)— 10 (aa) by inserting ‘‘or lawful 11 permanent resident status’’ after 12 ‘‘renunciation of citizenship’’; 13 and 14 (bb) by inserting ‘‘or lawful 15 permanent resident’’ after ‘‘abus16 er’s citizenship’’; and 17 (VII) in clause (viii)(I)— 18 (aa) by striking ‘‘citizen of 19 the United States’’ and inserting 20 ‘‘United States citizen or lawful 21 permanent resident’’; and 22 (bb) by inserting ‘‘or lawful 23 permanent resident’’ after ‘‘the 24 citizen’’; 25 (ii) by striking subparagraph (B); VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 187 •HR 1177 IH 1 (iii) in subparagraph (C), by striking 2 ‘‘subparagraph (A)(iii), (A)(iv), (B)(ii), or 3 (B)(iii)’’ and inserting ‘‘clause (iii) or (iv) 4 of subparagraph (A)’’; 5 (iv) in subparagraph (D)— 6 (I) in clause (i)(I), by striking 7 ‘‘clause (iv) of section 204(a)(1)(A) or 8 section 204(a)(1)(B)(iii)’’ each place 9 it appears and inserting ‘‘subpara10 graph (A)(iv)’’; 11 (II) in clause (ii), by striking 12 ‘‘subparagraph (A)(iii), (A)(iv), (B)(ii) 13 or (B)(iii)’’ and inserting ‘‘clause (iii) 14 or (iv) of subparagraph (A)’’; 15 (III) in clause (iv), by striking 16 ‘‘subparagraph (A)(iii), (A)(iv), 17 (B)(ii), or (B)(iii)’’ and inserting 18 ‘‘clause (iii) or (iv) of subparagraph 19 (A)’’; and 20 (IV) in clause (v), by striking ‘‘or 21 (B)(iii)’’; 22 (v) in subparagraph (J)— 23 (I) by striking ‘‘or clause (ii) or 24 (iii) of subparagraph (B)’’; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 188 •HR 1177 IH 1 (II) by striking ‘‘subparagraphs 2 (C) and (D)’’ and inserting ‘‘subpara3 graphs (B) and (C)’’; and 4 (vi) by redesignating subparagraphs 5 (C) through (L) as subparagraphs (B) 6 through (K), respectively; 7 (B) in subsection (a), by striking para8 graph (2); 9 (C) in subsection (h)— 10 (i) in the first sentence, by striking 11 ‘‘or a petition filed under subsection 12 (a)(1)(B)(ii) pursuant to conditions de13 scribed in subsection (a)(1)(A)(iii)(1)’’; 14 and 15 (ii) in the second sentence— 16 (I) by striking ‘‘section 17 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii)’’ 18 and inserting ‘‘subsection 19 (a)(1)(A)(iii)’’; and 20 (II) by striking ‘‘section 21 204(a)(1)(A) or in section 22 204(a)(1)(B)(iii)’’ and inserting ‘‘sub23 section (a)(1)(A)’’; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 189 •HR 1177 IH 1 (D) in subsection (i)(1), by striking ‘‘sub2 section (a)(4)(D)’’ and inserting ‘‘subsection 3 (a)(1)(D)’’; 4 (E) in subsection (j), by striking ‘‘sub5 section (a)(1)(D)’’ and inserting ‘‘subsection 6 (a)(1)(E)’’; and 7 (F) in subsection l(1)— 8 (i) by striking ‘‘who resided in the 9 United States at the time of the death of 10 the qualifying relative and who continues 11 to reside in the United States’’; and 12 (ii) by striking ‘‘any related applica13 tions,’’ and inserting ‘‘any related applica14 tions (including affidavits of support),’’. 15 (4) ADDITIONAL CONFORMING AMENDMENTS.— 16 (A) Section 101(a) of the Immigration and 17 Nationality Act (8 U.S.C. 1101(a)) is amend18 ed— 19 (i) in paragraph (50), by striking ‘‘, 20 204(a)(1)(B)(ii)(II)(aa)(BB),’’; and 21 (ii) in paragraph (51)— 22 (I) by striking subparagraph (B); 23 and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 190 •HR 1177 IH 1 (II) by redesignating subpara2 graphs (C) through (G) as subpara3 graphs (B) through (F), respectively. 4 (B) Section 212(a)(4)(C)(i) of the Immi5 gration and Nationality Act (8 U.S.C. 6 1182(a)(4)(C)(i)) is amended— 7 (i) by striking subclause (II); and 8 (ii) by redesignating subclause (III) as 9 subclause (II). 10 (C) Section 240(c)(7)(C)(iv)(I) of the Im11 migration and Nationality Act (8 U.S.C. 12 1229a(c)(7)(C)(iv)(I)) is amended by striking ‘‘, 13 clause (ii) or (iii) of section 204(a)(1)(B),’’. 14 SEC. 3103. ADJUSTMENT OF FAMILY-SPONSORED PER15 COUNTRY LIMITS. 16 Section 202(a) of the Immigration and Nationality 17 Act (8 U.S.C. 1152(a)) is amended— 18 (1) in paragraph (2), by striking ‘‘7 percent (in 19 the case of a single foreign state) or 2 percent’’ and 20 inserting ‘‘20 percent (in the case of a single foreign 21 state) or 5 percent’’; and 22 (2) by amending paragraph (4) to read as fol23 lows: 24 ‘‘(4) LIMITING PASS DOWN FOR CERTAIN COUN25 TRIES SUBJECT TO SUBSECTION (e).—In the case of VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 191 •HR 1177 IH 1 a foreign state or dependent area to which sub2 section (e) applies, if the total number of visas 3 issued under section 203(a)(2) exceeds the max4 imum number of visas that may be made available 5 to immigrants of the state or area under section 6 203(a)(2) consistent with subsection (e) (determined 7 without regard to this paragraph), in applying para8 graphs (3) and (4) of section 203(a) under sub9 section (e)(2) all visas shall be deemed to have been 10 required for the classes specified in paragraphs (1) 11 and (2) of such section.’’. 12 SEC. 3104. PROMOTING FAMILY UNITY. 13 (a) REPEAL OF 3-YEAR, 10-YEAR, AND PERMANENT 14 BARS.—Section 212(a)(9) of the Immigration and Nation15 ality Act (8 U.S.C. 1182(a)(9)) is amended to read as fol16 lows: 17 ‘‘(9) NONCITIZENS PREVIOUSLY REMOVED.— 18 ‘‘(A) ARRIVING NONCITIZEN.—Any noncit19 izen who has been ordered removed under sec20 tion 235(b)(1) or at the end of proceedings 21 under section 240 initiated upon the nonciti22 zen’s arrival in the United States and who 23 again seeks admission within 5 years of the 24 date of such removal (or within 20 years in the 25 case of a second or subsequent removal or at VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 192 •HR 1177 IH 1 any time in the case of a noncitizen convicted 2 of an aggravated felony) is inadmissible. 3 ‘‘(B) OTHER NONCITIZENS.—Any noncit4 izen not described in subparagraph (A) who 5 seeks admission within 10 years of the date of 6 such noncitizen’s departure or removal (or with7 in 20 years of such date in the case of a second 8 or subsequent removal or at any time in the 9 case of a noncitizen convicted of an aggravated 10 felony) is inadmissible if the noncitizen— 11 ‘‘(i) has been ordered removed under 12 section 240 or any other provision of law; 13 or 14 ‘‘(ii) departed the United States while 15 an order of removal was outstanding. 16 ‘‘(C) EXCEPTION.—Subparagraphs (A) 17 and (B) shall not apply to a noncitizen seeking 18 admission within a period if, prior to the date 19 of the noncitizen’s reembarkation at a place 20 outside the United States or attempt to be ad21 mitted from foreign contiguous territory, the 22 Secretary of Homeland Security has consented 23 to the noncitizen’s reapplying for admission.’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 193 •HR 1177 IH 1 (b) MISREPRESENTATION OF CITIZENSHIP.—The 2 Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 3 is amended— 4 (1) in section 212(a)(6)(C) (8 U.S.C. 5 1182(a)(6)(C)), by amending clause (ii) to read as 6 follows: 7 ‘‘(ii) MISREPRESENTATION OF CITI8 ZENSHIP.— 9 ‘‘(I) IN GENERAL.—Any noncit10 izen who willfully misrepresents, or 11 has willfully misrepresented, himself 12 or herself to be a citizen of the United 13 States for any purpose or benefit 14 under this Act (including section 15 274A) or any Federal or State law is 16 inadmissible. 17 ‘‘(II) EXCEPTION.—In the case 18 of a noncitizen who was under the age 19 of 21 years at the time of making a 20 misrepresentation described in sub21 clause (I), the noncitizen shall not be 22 considered to be inadmissible under 23 any provision of this subsection based 24 on such misrepresentation.’’; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 194 •HR 1177 IH 1 (2) in section 237(a)(3) (8 U.S.C. 1227(a)(3)), 2 by amending subparagraph (D) to read as follows: 3 ‘‘(D) MISREPRESENTATION OF CITIZEN4 SHIP.— 5 ‘‘(i) IN GENERAL.—Any noncitizen 6 who willfully misrepresents, or has willfully 7 misrepresented, himself or herself to be a 8 citizen of the United States for any pur9 pose or benefit under this Act (including 10 section 274A) or any Federal or State law 11 is deportable. 12 ‘‘(ii) EXCEPTION.—In the case of a 13 noncitizen who was under the age of 21 14 years at the time of making a misrepresen15 tation described in clause (i), the noncit16 izen shall not be considered to be deport17 able under any provision of this subsection 18 based on such misrepresentation.’’. 19 SEC. 3105. RELIEF FOR ORPHANS, WIDOWS, AND WID20 OWERS. 21 (a) PROCESSING OF IMMIGRANT VISAS AND DERIVA22 TIVE PETITIONS.— 23 (1) IN GENERAL.—Section 204(b) of the Immi24 gration and Nationality Act (8 U.S.C. 1154(b)) is 25 amended— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 195 •HR 1177 IH 1 (A) by striking ‘‘(b) After an investiga2 tion’’ and inserting the following: 3 ‘‘(b) APPROVAL OF PETITION.— 4 ‘‘(1) IN GENERAL.—After an investigation’’; 5 and 6 (B) by adding at the end the following: 7 ‘‘(2) DEATH OF QUALIFYING RELATIVE.— 8 ‘‘(A) IN GENERAL.—A noncitizen described 9 in subparagraph (C) the qualifying relative of 10 whom dies before the completion of immigrant 11 visa processing may have an immigrant visa ap12 plication adjudicated as if such death had not 13 occurred. 14 ‘‘(B) CONTINUED VALIDITY OF VISA.—An 15 immigrant visa issued to a noncitizen before the 16 death of his or her qualifying relative shall re17 main valid after such death. 18 ‘‘(C) NONCITIZEN DESCRIBED.—A noncit19 izen described in this subparagraph is a noncit20 izen who, at the time of the death of his or her 21 qualifying relative, was— 22 ‘‘(i) an immediate relative (as de23 scribed in section 201(b)(2)(A)); VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 196 •HR 1177 IH 1 ‘‘(ii) a family-sponsored immigrant 2 (as described in subsection (a) or (d) of 3 section 203); 4 ‘‘(iii) a derivative beneficiary of an 5 employment-based immigrant under section 6 203(b) (as described in section 203(d)); or 7 ‘‘(iv) the spouse or child of a refugee 8 (as described in section 207(c)(2)) or an 9 asylee (as described in section 10 208(b)(3)).’’. 11 (2) TRANSITION PERIOD.— 12 (A) IN GENERAL.—Notwithstanding a de13 nial or revocation of an application for an immi14 grant visa for a noncitizen the qualifying rel15 ative of whom dies before the date of the enact16 ment of this Act, such application may be re17 newed by the noncitizen by a motion to reopen, 18 without fee. 19 (B) INAPPLICABILITY OF BARS TO 20 ENTRY.—Notwithstanding section 212(a)(9) of 21 the Immigration and Nationality Act (8 U.S.C. 22 1182(a)(9)), the application for an immigrant 23 visa of a noncitizen the qualifying relative of 24 whom died before the date of the enactment of 25 this Act shall be considered if the noncitizen VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 197 •HR 1177 IH 1 was excluded, deported, removed, or departed 2 voluntarily before the date of the enactment of 3 this Act. 4 (b) ELIGIBILITY FOR PAROLE.—If a noncitizen de5 scribed in section 204(l) of the Immigration and Nation6 ality Act (8 U.S.C. 1154(l)), was excluded, deported, re7 moved, or departed voluntarily before the date of the en8 actment of this Act— 9 (1) such noncitizen shall be eligible for parole 10 into the United States pursuant to the Secretary’s 11 discretionary authority under section 212(d)(5) of 12 such Act (8 U.S.C. 1182(d)(5)); and 13 (2) such noncitizen’s application for adjustment 14 of status shall be considered notwithstanding section 15 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). 16 (c) NATURALIZATION.—Section 319(a) of the Immi17 gration and Nationality Act (8 U.S.C. 1430(a)) is amend18 ed by inserting ‘‘(or, if the spouse is deceased, the spouse 19 was a citizen of the United States)’’ after ‘‘citizen of the 20 United States’’. 21 (d) FAMILY-SPONSORED IMMIGRANTS.—Section 22 212(a)(4)(C)(i) of the Immigration and Nationality Act 23 (8 U.S.C. 1182(a)(4)(C)(i)), as amended by section 3102, 24 is further amended— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 198 •HR 1177 IH 1 (1) in subclause (I), by striking ‘‘, or’’ and in2 serting a semicolon; and 3 (2) by adding at the end the following: 4 ‘‘(III) status as a surviving rel5 ative under section 204(l); or’’. 6 SEC. 3106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR 7 CERTAIN VETERANS WHO ARE NATIVES OF 8 THE PHILIPPINES. 9 (a) SHORT TITLE.—This section may be cited as the 10 ‘‘Filipino Veterans Family Reunification Act’’. 11 (b) NONCITIZENS NOT SUBJECT TO DIRECT NUMER12 ICAL LIMITATIONS.—Section 201(b)(1) of the Immigra13 tion and Nationality Act (8 U.S.C. 1151(b)(1)) is amend14 ed by adding at the end the following: 15 ‘‘(F) Noncitizens who are eligible for an immi16 grant visa under paragraph (1) or (3) of section 17 203(a) and who have a parent who was naturalized 18 pursuant to section 405 of the Immigration Act of 19 1990 (8 U.S.C. 1440 note).’’. 20 SEC. 3107. FIANCE´ E OR FIANCE´ CHILD STATUS PROTEC21 TION. 22 (a) IN GENERAL.—Section 101(a)(15)(K) of the Im23 migration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) 24 is amended— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 199 •HR 1177 IH 1 (1) in clause (ii), by striking ‘‘section 2 201(b)(2)(A)(i)’’ and inserting ‘‘section 3 201(b)(2)(A)(i)(I)’’; and 4 (2) by amending clause (iii) to read as follows: 5 ‘‘(iii) is the minor child of a noncit6 izen described in clause (i) or (ii) and is 7 accompanying or following to join the non8 citizen, the age of such child to be deter9 mined as of the date on which the petition 10 is submitted to the Secretary of Homeland 11 Security to classify the noncitizen’s parent 12 as the fiance´e or fiance´ of a United States 13 citizen (in the case of a noncitizen parent 14 described in clause (i)) or as the spouse of 15 a United States citizen under section 16 201(b)(2)(A)(i)(I) (in the case of a noncit17 izen parent described in clause (ii));’’. 18 (b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 19 214(d) of the Immigration and Nationality Act (8 U.S.C. 20 1184(d)) is amended— 21 (1) by redesignating paragraphs (2) and (3) as 22 paragraphs (3) and (4), respectively; 23 (2) in paragraph (1)— 24 (A) in the third sentence— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 200 •HR 1177 IH 1 (i) by striking ‘‘paragraph (3)(B)’’ 2 and inserting ‘‘paragraph (4)(B)’’; and 3 (ii) by striking ‘‘paragraph (3)(B)(i)’’ 4 and inserting ‘‘paragraph (4)(B)(i)’’; and 5 (B) by striking the last sentence; and 6 (3) by inserting after paragraph (1) the fol7 lowing: 8 ‘‘(2)(A) If a noncitizen does not marry the petitioner 9 under paragraph (1) within 90 days after the noncitizen 10 and the noncitizen’s minor children are admitted into the 11 United States, such noncitizen and children shall be re12 quired to depart from the United States. If such nonciti13 zens fail to depart from the United States, they shall be 14 removed in accordance with sections 240 and 241. 15 ‘‘(B) Subject to subparagraphs (C) and (D), if a non16 citizen marries the petitioner described in section 17 101(a)(15)(K)(i) within 90 days after the noncitizen and 18 the noncitizen’s minor children are admitted into the 19 United States, the Secretary of Homeland Security or the 20 Attorney General, subject to the provisions of section 21 245(d), may adjust the status of the noncitizen, and any 22 minor children accompanying or following to join the non23 citizen, to that of a lawful permanent resident on a condi24 tional basis under section 216 if the noncitizen and any VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 201 •HR 1177 IH 1 such minor children apply for such adjustment and are 2 not determined to be inadmissible to the United States. 3 ‘‘(C) Paragraphs (5) and (7)(A) of section 212(a) 4 shall not apply to a noncitizen who is eligible to apply for 5 adjustment of status to that of a lawful permanent resi6 dent under this section. 7 ‘‘(D) A noncitizen eligible for a waiver of inadmis8 sibility as otherwise authorized under this Act shall be per9 mitted to apply for adjustment of status to that of a lawful 10 permanent resident under this section.’’. 11 (c) AGE DETERMINATION.—Section 245(d) of the 12 Immigration and Nationality Act (8 U.S.C. 1255(d)) is 13 amended— 14 (1) by inserting ‘‘(1)’’ before ‘‘The Attorney 15 General’’; and 16 (2) by adding at the end the following: 17 ‘‘(2) A determination of the age of a noncitizen ad18 mitted to the United States under section 19 101(a)(15)(K)(iii) shall be made, for purposes of adjust20 ment of status to lawful permanent resident on a condi21 tional basis under section 216, using the age of the noncit22 izen on the date on which the petition is submitted to the 23 Secretary of Homeland Security to classify the nonciti24 zen’s parent as the fiance´e or fiance´ of a United States 25 citizen (in the case of a noncitizen parent admitted to the VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 202 •HR 1177 IH 1 United States under section 101(a)(15)(K)(i)) or as the 2 spouse of a United States citizen under section 3 201(b)(2)(A)(i)(I) (in the case of a noncitizen parent ad4 mitted to the United States under section 5 101(a)(15)(K)(ii)).’’. 6 (d) EFFECTIVE DATE.— 7 (1) IN GENERAL.—The amendments made by 8 this section shall be effective as if included in the 9 Immigration Marriage Fraud Amendments of 1986 10 (Public Law 99–639; 100 Stat. 3537). 11 (2) APPLICABILITY.—The amendments made 12 by this section shall apply to all petitions or applica13 tions described in such amendments that— 14 (A) are pending as of the date of the en15 actment of this Act; or 16 (B) have been denied, but would have been 17 approved if such amendments had been in effect 18 at the time of adjudication of the petition or 19 application. 20 (3) MOTION TO REOPEN OR RECONSIDER.—A 21 motion to reopen or reconsider a petition or an ap22 plication described in paragraph (2)(B) shall be 23 granted if such motion is submitted to the Secretary 24 or the Attorney General not later than 2 years after 25 the date of the enactment of this Act. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 203 •HR 1177 IH 1 SEC. 3108. RETENTION OF PRIORITY DATES. 2 Section 203 of the Immigration and Nationality Act 3 (8 U.S.C. 1153) is amended— 4 (1) in subsection (h), by amending paragraph 5 (3) to read as follows: 6 ‘‘(3) RETENTION OF PRIORITY DATE.—If the 7 age of a noncitizen is determined under paragraph 8 (1) to be 21 years or older for purposes of sub9 section (d), and a parent of the noncitizen files a 10 family-based petition for such noncitizen, the pri11 ority date for such petition shall be the original pri12 ority date issued upon receipt of the original family13 based or employment-based petition for which either 14 parent was a beneficiary.’’; and 15 (2) by adding at the end the following: 16 ‘‘(i) PERMANENT PRIORITY DATES.— 17 ‘‘(1) IN GENERAL.—The priority date for any 18 family-based or employment-based petition shall be 19 the date of filing of the petition with the Secretary 20 of Homeland Security (or the Secretary of State, if 21 applicable), unless the filing of the petition was pre22 ceded by the filing of a labor certification with the 23 Secretary of Labor, in which case that date shall 24 constitute the priority date. 25 ‘‘(2) RETENTION OF EARLIEST PRIORITY 26 DATE.—The beneficiary of any petition shall retain VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 204 •HR 1177 IH 1 his or her earliest priority date based on any petition 2 filed on his or her behalf that was approvable on the 3 date on which it was filed, regardless of the category 4 of subsequent petitions.’’. 5 SEC. 3109. INCLUSION OF PERMANENT PARTNERS. 6 (a) IMMIGRATION AND NATIONALITY ACT.—Section 7 101(a) of the Immigration and Nationality Act (8 U.S.C. 8 1101(a)), as amended by section 1102, is further amended 9 by adding at the end: 10 ‘‘(55) PERMANENT PARTNER.— 11 ‘‘(A) The term ‘permanent partner’ means an 12 individual 18 years of age or older who— 13 ‘‘(i) is in a committed, intimate relation14 ship with another individual 18 years of age or 15 older in which both parties intend a lifelong 16 commitment; 17 ‘‘(ii) is financially interdependent with 18 such other individual, except that the Secretary 19 of Homeland Security or the Secretary of State 20 shall have the discretion to waive this require21 ment on a case-by-case basis for good cause; 22 ‘‘(iii) is not married to or in a permanent 23 partnership with anyone other than such other 24 individual; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 205 •HR 1177 IH 1 ‘‘(iv) is unable, in the jurisdiction of his or 2 her domicile or the domicile of such other indi3 vidual, to contract with such other individual a 4 marriage cognizable under this Act; and 5 ‘‘(v) is not a first-degree, second-degree, or 6 third-degree blood relation of such other indi7 vidual. 8 ‘‘(B) Any reference to ‘spouse’, ‘husband’, or 9 ‘wife’, or to the plurals of such terms, shall be equal10 ly applicable to a permanent partner. 11 ‘‘(C) Any reference to ‘marriage’, ‘marital 12 union’, ‘married’, ‘unmarried’, ‘wedlock’, or any 13 similar term shall be equally applicable to the union 14 of permanent partners.’’. 15 (b) OTHER IMMIGRATION LEGISLATION.—The defini16 tion of permanent partner under section 101(a)(55) of the 17 Immigration and Nationality Act (8 U.S.C. 1101(a)(55)), 18 as added by subsection (a), and the meanings of the ref19 erences described in that section shall apply to— 20 (1) the LIFE Act (division B of the Miscella21 neous Appropriations Act, 2001, as enacted into law 22 by section 1(a)(4) of Public Law 106–554); 23 (2) the Cuban Adjustment Act (8 U.S.C. 1255 24 note); and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 206 •HR 1177 IH 1 (3) the Violence Against Women Act of 2000 2 (division B of Public Law 106–386; 114 Stat. 3 1491). 4 (c) INAPPLICABILITY OF CEREMONY REQUIRE5 MENT.—Paragraph (35) of section 101(a) of the Immigra6 tion and Nationality Act (8 U.S.C. 1101(a)) is amended 7 by striking ‘‘The term’’ and inserting ‘‘Subject to para8 graph (55), the term’’. 9 SEC. 3110. DEFINITION OF CHILD. 10 (a) TITLES I AND II.—Section 101(b)(1) of the Im11 migration and Nationality Act (8 U.S.C. 1101(b)(1)) is 12 amended— 13 (1) in subparagraph (B), by striking ‘‘, pro14 vided the child had not reached the age of 18 years 15 at the time the marriage creating the status of step16 child occurred’’; and 17 (2) by adding at the end the following: 18 ‘‘(H)(i) a biological child of a noncitizen 19 permanent partner if the child was under the 20 age of 18 years on the date on which the per21 manent partnership was formed; or 22 ‘‘(ii) a child adopted by a noncitizen per23 manent partner while under the age of 16 years 24 if the child— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 207 •HR 1177 IH 1 ‘‘(I) has been in the legal custody of, 2 and has resided with, such adoptive parent 3 for at least 2 years; and 4 ‘‘(II) was under the age of 18 years at 5 the time the permanent partnership was 6 formed.’’. 7 (b) TITLE III.—Section 101(c) of the Immigration 8 and Nationality Act (8 U.S.C. 1101(c)) is amended— 9 (1) in paragraph (1), by inserting ‘‘and an indi10 vidual described in subsection (b)(1)(H)’’ after ‘‘The 11 term ‘child’ means an unmarried person under twen12 ty-one years of age’’; and 13 (2) in paragraph (2), by inserting ‘‘and the de14 ceased permanent partner of a deceased parent, fa15 ther, or mother,’’ after ‘‘deceased parent, father, and 16 mother’’. 17 SEC. 3111. TERMINATION OF CONDITIONAL PERMANENT 18 RESIDENT STATUS FOR CERTAIN NONCIT19 IZEN PERMANENT PARTNERS AND SONS AND 20 DAUGHTERS UPON FINDING QUALIFYING 21 PERMANENT PARTNERSHIP IMPROPER. 22 Section 216 of the Immigration and Nationality Act 23 (8 U.S.C. 1186a) is amended— 24 (1) in subsection (b)(1)(A)(ii), by inserting ‘‘or 25 has ceased to satisfy the criteria for being considVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 208 •HR 1177 IH 1 ered a permanent partnership under this Act,’’ after 2 ‘‘terminated,’’; 3 (2) in subsection (c)(4)(B), by striking ‘‘termi4 nated (other than through the death of the spouse)’’ 5 and inserting ‘‘terminated, or has ceased to satisfy 6 the criteria for being considered a permanent part7 nership under this Act, other than through the death 8 of the spouse,’’; and 9 (3) in subsection (d)(1)(A)(i)(II), by inserting 10 ‘‘or has not ceased to satisfy the criteria for being 11 considered a permanent partnership under this Act,’’ 12 after ‘‘terminated,’’. 13 SEC. 3112. NATIONALITY AT BIRTH. 14 Section 301 of the Immigration and Nationality Act 15 (8 U.S.C. 1401) is amended by adding at the end the fol16 lowing: 17 ‘‘(i) Any reference to ‘a person born of parents’ in 18 this section shall include— 19 ‘‘(1) any legally recognized parent-child rela20 tionship formed within the first year of a person’s 21 life regardless of any genetic or gestational relation22 ship; 23 ‘‘(2) either parent of a child born through as24 sisted reproductive technology who is legally recogVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 209 •HR 1177 IH 1 nized as a parent in the relevant jurisdiction regard2 less of any genetic or gestational relationship; and 3 ‘‘(3) the spouse of a parent at the time of birth, 4 in any case in which— 5 ‘‘(A) at least 1 parent is a legally recog6 nized parent; and 7 ‘‘(B) the marriage occurred before the 8 child’s birth and is recognized in the United 9 States, regardless of where the parents reside.’’. 10 Subtitle B—National Origin-Based 11 Antidiscrimination for Non12 immigrants 13 SEC. 3201. EXPANSION OF NONDISCRIMINATION PROVI14 SION. 15 Section 202(a)(1)(A) of the Immigration and Nation16 ality Act (8 U.S.C. 1152(a)(1)(A)) is amended— 17 (1) by inserting ‘‘or a nonimmigrant visa, ad18 mission or other entry into the United States, or the 19 approval or revocation of any immigration benefit’’ 20 after ‘‘immigrant visa’’; 21 (2) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 22 (3) by inserting ‘‘, except if expressly required 23 by statute, or if a statutorily authorized benefit 24 takes into consideration such factors’’ before the pe25 riod at the end. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 210 •HR 1177 IH 1 SEC. 3202. TRANSFER AND LIMITATIONS ON AUTHORITY TO 2 SUSPEND OR RESTRICT THE ENTRY OF A 3 CLASS OF NONCITIZENS. 4 Section 212(f) of the Immigration and Nationality 5 Act (8 U.S.C. 1182(f)) is amended to read as follows: 6 ‘‘(f) AUTHORITY TO SUSPEND OR RESTRICT THE 7 ENTRY OF A CLASS OF NONCITIZENS.— 8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 9 if the Secretary of State, in consultation with the 10 Secretary of Homeland Security, determines, based 11 on specific and credible facts, that the entry of any 12 noncitizens or any class of noncitizens into the 13 United States would undermine the security or pub14 lic safety of the United States, or the preservation 15 of human rights, democratic processes or institu16 tions, or international stability, the President may 17 temporarily— 18 ‘‘(A) suspend the entry of such noncitizens 19 or class of noncitizens as immigrants or non20 immigrants; or 21 ‘‘(B) impose any restriction on the entry of 22 such noncitizens that the President considers 23 appropriate. 24 ‘‘(2) LIMITATIONS.—In carrying out paragraph 25 (1), the President, the Secretary of State, and the 26 Secretary of Homeland Security shall— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 211 •HR 1177 IH 1 ‘‘(A) issue a suspension or restriction only 2 to the extent required to address specific acts 3 implicating a compelling government interest in 4 a factor identified in paragraph (1); 5 ‘‘(B) narrowly tailor the suspension or re6 striction, using the least restrictive means, to 7 achieve such compelling government interest; 8 ‘‘(C) specify the duration of the suspension 9 or restriction and set forth evidence justifying 10 such duration; 11 ‘‘(D) consider waivers to any class-based 12 restriction or suspension and apply a rebuttable 13 presumption in favor of granting family-based 14 and humanitarian waivers; and 15 ‘‘(E) comply with all provisions of this Act, 16 including section 202(a)(1)(A). 17 ‘‘(3) CONGRESSIONAL NOTIFICATION.— 18 ‘‘(A) IN GENERAL.—Prior to the President 19 exercising the authority under paragraph (1), 20 the Secretary of State and the Secretary of 21 Homeland Security shall consult Congress and 22 provide Congress with specific evidence sup23 porting the need for the suspension or restric24 tion and its proposed duration. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 212 •HR 1177 IH 1 ‘‘(B) BRIEFING AND REPORT.—Not later 2 than 48 hours after the President exercises the 3 authority under paragraph (1), the Secretary of 4 State and the Secretary of Homeland Security 5 shall provide a briefing and submit a written re6 port to the appropriate committees of Congress 7 that describes— 8 ‘‘(i) the action taken pursuant to 9 paragraph (1) and the specified objective 10 of such action; and 11 ‘‘(ii) the estimated number of individ12 uals who will be impacted by such action; 13 ‘‘(I) the constitutional and legis14 lative authority under which such ac15 tion took place; and 16 ‘‘(II) the circumstances necessi17 tating such action, including how such 18 action complies with paragraph (2) 19 and any intelligence informing such 20 action. 21 ‘‘(C) TERMINATION.—If the briefing and 22 report described in subparagraph (B) are not 23 provided to the appropriate committees of Con24 gress during the 48-hour period after the Presi25 dent exercises the authority under paragraph VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 213 •HR 1177 IH 1 (1), the suspension or restriction shall imme2 diately terminate absent intervening congres3 sional action. 4 ‘‘(D) PUBLICATION.—The Secretary of 5 State and the Secretary of Homeland Security 6 shall publicly announce and publish an unclassi7 fied version of the report described in subpara8 graph (B) in the Federal Register. 9 ‘‘(4) JUDICIAL REVIEW.— 10 ‘‘(A) IN GENERAL.—Notwithstanding any 11 other provision of law, an individual or entity 12 who is present in the United States and has 13 been harmed by a violation of this subsection 14 may file an action in an appropriate district 15 court of the United States to seek declaratory 16 or injunctive relief. 17 ‘‘(B) CLASS ACTION.—Nothing in this Act 18 may be construed to preclude an action filed 19 pursuant to subparagraph (A) from proceeding 20 as a class action. 21 ‘‘(5) TREATMENT OF COMMERCIAL AIRLINES.— 22 If the Secretary of Homeland Security finds that a 23 commercial airline has failed to comply with regula24 tions of the Secretary relating to requirements of 25 airlines for the detection of fraudulent documents VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 214 •HR 1177 IH 1 used by passengers traveling to the United States 2 (including the training of personnel in such detec3 tion), the Secretary may suspend the entry of some 4 or all noncitizens transported to the United States 5 by such airline. 6 ‘‘(6) REPORTING REQUIREMENTS.— 7 ‘‘(A) IN GENERAL.—Not later than 30 8 days after the date on which the President exer9 cises the authority under this subsection, and 10 every 30 days thereafter until the conclusion of 11 such an exercise of authority, the Secretary of 12 State, in coordination with the Secretary of 13 Homeland Security and the heads of other rel14 evant Federal agencies, shall submit to the ap15 propriate committees of Congress a report that 16 includes the following: 17 ‘‘(i) For each country affected by such 18 a suspension or restriction— 19 ‘‘(I) the total number of individ20 uals who applied for a visa, 21 disaggregated by visa category; 22 ‘‘(II) the total number of such 23 visa applicants who were approved, 24 disaggregated by visa category; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 215 •HR 1177 IH 1 ‘‘(III) the total number of such 2 visa applicants who were refused, 3 disaggregated by visa category, and 4 the reasons they were refused; 5 ‘‘(IV) the total number of such 6 visa applicants whose applications re7 main pending, disaggregated by visa 8 category; 9 ‘‘(V) the total number of such 10 visa applicants who were granted a 11 waiver, disaggregated by visa cat12 egory; 13 ‘‘(VI) the total number of such 14 visa applicants who were denied a 15 waiver, disaggregated by visa cat16 egory, and the reasons such waiver re17 quests were denied; and 18 ‘‘(VII) the total number of refu19 gees admitted. 20 ‘‘(ii) Specific evidence supporting the 21 need for the continued exercise of presi22 dential authority under this subsection, in23 cluding the information described in para24 graph (3)(B). VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 216 •HR 1177 IH 1 ‘‘(B) EFFECT OF NONCOMPLIANCE.—If a 2 report required by subparagraph (A) is not 3 timely submitted, the suspension or restriction 4 shall immediately terminate absent intervening 5 congressional action. 6 ‘‘(C) FINAL REPORT.—Not later than 30 7 days after the conclusion of a suspension or re8 striction under this subsection, the Secretary of 9 State, in coordination with the Secretary of 10 Homeland Security and the heads of other rel11 evant Federal agencies, shall submit to the ap12 propriate committees of Congress a report that 13 includes, for the entire period of the suspension 14 or restriction, the information described clauses 15 (i) and (ii) of subparagraph (A). 16 ‘‘(D) FORM; AVAILABILITY.—Each report 17 required by this paragraph shall be made pub18 licly available on an internet website in unclas19 sified form. 20 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in 21 this subsection may be construed to authorize the 22 President, the Secretary of State, or the Secretary 23 of Homeland Security to act in a manner incon24 sistent with the policy decisions expressed in the im25 migration laws. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 217 •HR 1177 IH 1 ‘‘(8) APPROPRIATE COMMITTEES OF CONGRESS 2 DEFINED.—In this subsection, the term ‘appropriate 3 committees of Congress’ means— 4 ‘‘(A) the Select Committee on Intelligence, 5 the Committee on Foreign Relations, the Com6 mittee on the Judiciary, and the Committee on 7 Homeland Security and Governmental Affairs 8 of the Senate; and 9 ‘‘(B) the Permanent Select Committee on 10 Intelligence, the Committee on Foreign Affairs, 11 the Committee on the Judiciary, and the Com12 mittee on Homeland Security of the House of 13 Representatives.’’. 14 Subtitle C—Diversity Immigrants 15 SEC. 3301. INCREASING DIVERSITY VISAS. 16 Section 201(e) of the Immigration and Nationality 17 Act (8 U.S.C. 1151(e)) is amended by striking ‘‘55,000’’ 18 and inserting ‘‘80,000’’. 19 Subtitle D—Reforming 20 Employment-Based Immigration 21 SEC. 3401. DOCTORAL STEM GRADUATES FROM ACCRED22 ITED UNITED STATES UNIVERSITIES. 23 (a) IN GENERAL.—Section 201(b)(1) of the Immi24 gration and Nationality Act (8 U.S.C. 1151(b)(1)), as VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 218 •HR 1177 IH 1 amended by section 3106, is further amended by adding 2 at the end the following: 3 ‘‘(G) Noncitizens who have earned a doctoral 4 degree in a field of science, technology, engineering, 5 or mathematics from an accredited United States in6 stitution of higher education.’’. 7 (b) DEFINITIONS.—Section 204 of the Immigration 8 and Nationality Act (8 U.S.C. 1154) is amended by add9 ing at the end the following: 10 ‘‘(m) DOCTORAL STEM GRADUATES FROM ACCRED11 ITED UNITED STATES UNIVERSITIES.—For purposes of 12 section 201(b)(1)— 13 ‘‘(1) the term ‘field of science, technology, engi14 neering, or mathematics’— 15 ‘‘(A) means a field included in the Depart16 ment of Education’s Classification of Instruc17 tional Programs taxonomy within the summary 18 groups of computer and information sciences 19 and support services, engineering, mathematics 20 and statistics, physical sciences, and the sum21 mary group subsets of accounting and related 22 services and taxation; and 23 ‘‘(B) may include, at the discretion of the 24 Secretary of Homeland Security, other fields 25 not specifically referred to in subparagraph (A) VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 219 •HR 1177 IH 1 if the accredited United States institution of 2 higher education verifies that the core cur3 riculum for the specific field is primarily based 4 in science, technology, engineering, or mathe5 matics; and 6 ‘‘(2) the term ‘accredited United States institu7 tion of higher education’ means an institution that— 8 ‘‘(A)(i) is described in section 101(a) of 9 the Higher Education Act of 1965 (20 U.S.C. 10 1001(a)); or 11 ‘‘(ii) is a proprietary institution of higher 12 education (as defined in section 102(b) of such 13 Act (20 U.S.C. 1002(b))); and 14 ‘‘(B) is accredited by an accrediting body 15 that is itself accredited by— 16 ‘‘(i) the Department of Education; or 17 ‘‘(ii) the Council for Higher Edu18 cation Accreditation.’’. 19 SEC. 3402. ADDRESSING VISA BACKLOGS. 20 (a) NONCITIZENS NOT SUBJECT TO DIRECT NUMER21 ICAL LIMITATIONS.—Section 201(b)(1) of the Immigra22 tion and Nationality Act (8 U.S.C. 1151(b)), as amended 23 by section 3106 and 3401, is further amended by adding 24 at the end the following: VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 220 •HR 1177 IH 1 ‘‘(H) Noncitizens who are beneficiaries (includ2 ing derivative beneficiaries) of an approved immi3 grant petition bearing a priority date that is more 4 than 10 years before the noncitizen’s application for 5 admission as an immigrant or for adjustment of sta6 tus. 7 ‘‘(I) Noncitizens described in section 203(d).’’. 8 (b) EFFECTIVE DATE.—The amendments made by 9 this section shall take effect on the date which is 60 days 10 after the date of the enactment of this Act. 11 SEC. 3403. ELIMINATING EMPLOYMENT-BASED PER COUN12 TRY LEVELS. 13 (a) IN GENERAL.—Section 202(a)(2) of the Immi14 gration and Nationality Act (8 U.S.C. 1152(a)(2)), as 15 amended by section 3103(a), is further amended— 16 (1) in the paragraph heading, by striking ‘‘AND 17 EMPLOYMENT-BASED’’; 18 (2) by striking ‘‘(3), (4), and (5),’’ and insert19 ing ‘‘(3) and (4),’’; 20 (3) by striking ‘‘subsections (a) and (b) of sec21 tion 203’’ and inserting ‘‘section 203(a)’’; and 22 (4) by striking ‘‘such subsections’’ and inserting 23 ‘‘such section’’. 24 (b) CONFORMING AMENDMENTS.—Section 202 of the 25 Immigration and Nationality Act (8 U.S.C. 1152), as VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 221 •HR 1177 IH 1 amended by sections 3103, 3201, and subsection (a), is 2 further amended— 3 (1) in subsection (a)— 4 (A) in paragraph (3), by striking ‘‘both 5 subsections (a) and (b) of section 203’’ and in6 serting ‘‘section 203(a)’’; and 7 (B) by striking paragraph (5); and 8 (2) by amending subsection (e) to read as fol9 lows: 10 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 11 If the total number of immigrant visas made available 12 under section 203(a) to natives of any single foreign state 13 or dependent area is expected to exceed the numerical lim14 itation specified in subsection (a)(2) in any fiscal year, im15 migrant visas to natives of that state or area under section 16 203(a) shall be allocated (to the extent practicable and 17 otherwise consistent with this section and section 203) so 18 that, except as provided in subsection (a)(4), the propor19 tion of the visa numbers made available under each of 20 paragraphs (1) through (4) of section 203(a) is equal to 21 the ratio of the total number of visas made available under 22 the respective paragraph to the total number of visas made 23 available under section 203(a).’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 222 •HR 1177 IH 1 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 2 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 3 note) is amended— 4 (1) in subsection (a), by striking ‘‘subsection 5 (e)’’ and inserting ‘‘subsection (d)’’; 6 (2) by striking subsection (d); and 7 (3) by redesignating subsection (e) as sub8 section (d). 9 (d) EFFECTIVE DATE.—The amendments made by 10 this section shall apply to fiscal year 2022 and each subse11 quent fiscal year. 12 SEC. 3404. INCREASED IMMIGRANT VISAS FOR OTHER 13 WORKERS. 14 Section 203(b) of the Immigration and Nationality 15 Act (8 U.S.C. 1153(b)) is amended— 16 (1) in paragraph (1) by striking ‘‘28.6’’ and in17 serting ‘‘23.55’’; 18 (2) in paragraph (2)(A) by striking ‘‘28.6’’ and 19 inserting ‘‘23.55’’; 20 (3) in paragraph (3)— 21 (A) in subparagraph (A), in the matter be22 fore clause (i), by striking ‘‘28.6’’ and inserting 23 ‘‘41.2’’; and 24 (B) in subparagraph (B), by striking 25 ‘‘10,000’’ and inserting ‘‘40,000’’; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 223 •HR 1177 IH 1 (4) in paragraph (4), by striking ‘‘7.1’’ and in2 serting ‘‘5.85’’; and 3 (5) in paragraph (5)(A), in the matter before 4 clause (i), by striking ‘‘7.1’’ and inserting ‘‘5.85’’. 5 SEC. 3405. FLEXIBLE ADJUSTMENTS TO EMPLOYMENT6 BASED IMMIGRANT VISA PROGRAM. 7 Section 203(b) of the Immigration and Nationality 8 Act (8 U.S.C. 1153(b)), as amended by section 3404, is 9 further amended by adding at the end the following: 10 ‘‘(7) GEOGRAPHIC AND LABOR MARKET AD11 JUSTMENTS.—The Secretary of Homeland Security, 12 in consultation with the Secretary of Labor, may es13 tablish, by regulation, a procedure for temporarily 14 limiting the admission of immigrants described in 15 paragraphs (2) and (3) in geographic areas or labor 16 market sectors that are experiencing high levels of 17 unemployment.’’. 18 SEC. 3406. REGIONAL ECONOMIC DEVELOPMENT IMMI19 GRANT VISA PILOT PROGRAM. 20 (a) PILOT PROGRAM FOR REGIONAL ECONOMIC DE21 VELOPMENT VISAS.—Notwithstanding the numerical limi22 tations in the Immigration and Nationality Act (8 U.S.C. 23 1101 et seq.), the Secretary may establish a pilot program 24 for the annual admission of not more than 10,000 admis25 sible immigrants whose employment is essential to the ecoVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 224 •HR 1177 IH 1 nomic development strategies of the cities or counties in 2 which they will live or work. 3 (b) LABOR CERTIFICATION.—The requirements of 4 section 212(a)(5) of the Immigration and Nationality Act 5 (8 U.S.C. 1182(a)(5)) shall apply to the pilot program au6 thorized under this section. 7 (c) DURATION.—The Secretary shall determine the 8 duration of the pilot program authorized under this sec9 tion, which may not exceed 5 years. 10 (d) RULEMAKING.—The Secretary, in consultation 11 with the Secretary of Labor, shall issue regulations to im12 plement the pilot program authorized under this section. 13 SEC. 3407. WAGE-BASED CONSIDERATION OF TEMPORARY 14 WORKERS. 15 Section 212(p) is amended by adding at the end the 16 following: 17 ‘‘(5) In determining the order in which visas shall be 18 made available to nonimmigrants described in section 19 101(a)(15)(H)(i)(b), and to any other category of non20 immigrants deemed appropriate by the Secretary of 21 Homeland Security, the Secretary of Homeland Security, 22 in consultation with the Secretary of Labor, may issue 23 regulations to establish procedures for prioritizing such 24 visas based on the wages offered by employers.’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 225 •HR 1177 IH 1 SEC. 3408. CLARIFYING DUAL INTENT FOR POSTSEC2 ONDARY STUDENTS. 3 (a) IN GENERAL.—Section 101(a)(15)(F)(i) of the 4 Immigration and Nationality Act (8 U.S.C. 5 1101(a)(15)(F)(i)) is amended by striking ‘‘an alien hav6 ing a residence in a foreign country which he has no inten7 tion of abandoning, who is a bona fide student qualified 8 to pursue a full course of study and who’’ and inserting 9 ‘‘a noncitizen who is a bona fide student qualified to pur10 sue a full course of study, who (except for a student quali11 fied to pursue a full course of study at an institution of 12 higher education) has a residence in a foreign country 13 which the noncitizen has no intention of abandoning, and 14 who’’. 15 (b) CONFORMING AMENDMENTS.—Section 214 of the 16 Immigration and Nationality Act (8 U.S.C. 1184) is 17 amended— 18 (1) in subsection (b), by striking ‘‘(other than 19 a nonimmigrant’’ and inserting ‘‘(other than a non20 immigrant described in section 101(a)(15)(F) if the 21 noncitizen is qualified to pursue a full course of 22 study at an institution of higher education, other 23 than a nonimmigrant’’; and 24 (2) in subsection (h), by inserting ‘‘(F) (if the 25 noncitizen is qualified to pursue a full course of VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 226 •HR 1177 IH 1 study at an institution of higher education),’’ before 2 ‘‘H(i)(b)’’. 3 SEC. 3409. H–4 VISA REFORM. 4 (a) PROTECTING CHILDREN WITH H–4 VISAS WHO 5 AGE OUT OF STATUS.— 6 (1) IN GENERAL.—Section 214(g)(4) of the Im7 migration and Nationality Act (8 U.S.C. 1184(g)(4)) 8 is amended to read as follows: 9 ‘‘(4)(A) Except as provided in subparagraphs 10 (B) and (C), the period of authorized admission of 11 a nonimmigrant described in section 12 101(a)(15)(H)(i)(b) may not exceed 6 years. 13 ‘‘(B) The Secretary of Homeland Security may 14 grant an extension of nonimmigrant status under 15 section 101(a)(15)(H)(i)(b) to a nonimmigrant until 16 such nonimmigrant’s application for adjustment of 17 status has been processed if such nonimmigrant— 18 ‘‘(i) is the beneficiary of a petition filed 19 under section 204(a) for a preference status 20 under paragraph (1), (2), or (3) of section 21 203(b); and 22 ‘‘(ii) is eligible to be granted such status. 23 ‘‘(C) A child of a nonimmigrant described in 24 subparagraph (B) who accompanied or followed to 25 join such nonimmigrant may apply for and receive VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 227 •HR 1177 IH 1 an extension of his or her nonimmigrant status re2 gardless of age, if— 3 ‘‘(i) the nonimmigrant parent described in 4 subparagraph (B) maintains his or her non5 immigrant status; and 6 ‘‘(ii) the child was younger than 18 years 7 of age when he or she was first granted non8 immigrant status as a noncitizen accompanying 9 or following to join such nonimmigrant par10 ent.’’. 11 (2) CONFORMING AMENDMENT.—Section 12 203(h) of the Immigration and Nationality Act (8 13 U.S.C. 1153(h)) is amended by adding at the end 14 the following: 15 ‘‘(5) H–4 VISA HOLDERS.—Notwithstanding 16 paragraph (1), a determination of whether a non17 immigrant described in section 214(g)(4)(C) satisfies 18 the age requirement for purposes of a derivative visa 19 or adjustment of status application under paragraph 20 (1), (2), or (3) of section 203(b) shall be made using 21 the age of the nonimmigrant on the date on which 22 the petitioner files a petition on behalf of the parent 23 beneficiary with the Secretary of Homeland Security 24 (or the Secretary of State, if applicable), unless the 25 filing of the petition was preceded by the filing of a VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 228 •HR 1177 IH 1 labor certification with the Secretary of Labor, in 2 which case that date shall be used to identify the 3 age of such nonimmigrant.’’. 4 (b) WORK AUTHORIZATION FOR H–4 NON5 IMMIGRANTS.—Section 214 of the Immigration and Na6 tionality Act (8 U.S.C. 1184), as amended by subsection 7 (a)(1), is further amended by adding at the end the fol8 lowing: 9 ‘‘(s) WORK AUTHORIZATION FOR H–4 NON10 IMMIGRANTS.—The Secretary of Homeland Security shall 11 authorize a nonimmigrant spouse or child who is accom12 panying or following to join a nonimmigrant described in 13 section 101(a)(15)(H)(i)(b) to engage in employment in 14 the United States and shall provide such nonimmigrant 15 spouse or child with an ‘employment authorized’ endorse16 ment or other appropriate work permit.’’. 17 SEC. 3410. EXTENSIONS RELATED TO PENDING PETITIONS. 18 Section 214 of the Immigration and Nationality Act 19 (8 U.S.C. 1184), as amended by sections 1204(b), 20 3107(b), 3408(b), and 3409, is further amended by add21 ing at the end the following: 22 ‘‘(t) EXTENSION OF STATUS IN CASES OF LENGTHY 23 ADJUDICATIONS.— 24 ‘‘(1) EXEMPTION FROM LIMITATIONS.—Not25 withstanding subsections (c)(2)(D), (g)(4), and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 229 •HR 1177 IH 1 (m)(1)(B)(i), the authorized stay of a noncitizen who 2 was previously issued a visa or otherwise provided 3 nonimmigrant status under subparagraph (F), 4 (H)(i)(B), (L), or (O) of section 101(a)(15) may be 5 extended pursuant to paragraph (2) if 365 days or 6 more have elapsed since the filing of— 7 ‘‘(A) an application for labor certification 8 under section 212(a)(5)(A) if certification is re9 quired or used by a noncitizen to obtain status 10 under section 203(b); or 11 ‘‘(B) a petition described in section 204(b) 12 to obtain immigrant status under section 13 203(b). 14 ‘‘(2) EXTENSION OF STATUS.—The Secretary 15 of Homeland Security shall extend the stay of a non16 citizen who qualifies for an extension under para17 graph (1) in 1-year increments until a final decision 18 is made— 19 ‘‘(A) to deny the application described in 20 paragraph (1)(A) or, in a case in which such 21 application is granted, to deny a petition de22 scribed in paragraph (1)(B) filed on behalf of 23 the noncitizen pursuant to such grant; 24 ‘‘(B) to deny the petition described in 25 paragraph (1)(B); or VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 230 •HR 1177 IH 1 ‘‘(C) to grant or deny the noncitizen’s ap2 plication for an immigrant visa or adjustment 3 of status to that of a noncitizen lawfully admit4 ted for permanent residence. 5 ‘‘(3) WORK AUTHORIZATION.—The Secretary of 6 Homeland Security shall authorize any noncitizen 7 whose stay is extended under this subsection to en8 gage in employment in the United States and pro9 vide such noncitizen with an ‘employment authorized 10 endorsement’ or other appropriate work permit.’’. 11 Subtitle E—Promoting Immigrant 12 and Refugee Integration 13 SEC. 3501. DEFINITION OF FOUNDATION. 14 In this subtitle, the term ‘‘Foundation’’ means the 15 United States Citizenship and Integration Foundation es16 tablished under section 3502. 17 SEC. 3502. UNITED STATES CITIZENSHIP AND INTEGRATION 18 FOUNDATION. 19 (a) ESTABLISHMENT.—The Secretary, acting 20 through the Director of U.S. Citizenship and Immigration 21 Services, shall establish a nonprofit corporation or a not22 for-profit, public benefit, or similar entity, which shall be 23 known as the ‘‘United States Citizenship and Integration 24 Foundation’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 231 •HR 1177 IH 1 (b) GIFTS TO FOUNDATION.—To carry out the pur2 poses set forth in subsection (c), the Foundation may— 3 (1) solicit, accept, and make gifts of money and 4 other property in accordance with section 501(c)(3) 5 of the Internal Revenue Code of 1986; 6 (2) engage in coordinated work with the De7 partment of Homeland Security, including U.S. Citi8 zenship and Immigration Services; and 9 (3) accept, hold, administer, invest, and spend 10 any gift, devise, or bequest of real or personal prop11 erty made to the Foundation. 12 (c) PURPOSES.—The purposes of the Foundation 13 are— 14 (1) to spur innovation in the promotion and ex15 pansion of citizenship preparation programs for law16 ful permanent residents; 17 (2) to evaluate and identify best practices in 18 citizenship promotion and preparation and to make 19 recommendations to the Secretary about how to 20 bring such best practices to scale; 21 (3) to support direct assistance for noncitizens 22 seeking lawful permanent resident status or natu23 ralization as a United States citizen; and 24 (4) to coordinate immigrant integration with 25 State and local entities. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 232 •HR 1177 IH 1 (d) ACTIVITIES.—The Foundation shall carry out the 2 purposes described in subsection (c) by— 3 (1) making United States citizenship instruc4 tion and naturalization application services acces5 sible to low-income and other underserved lawful 6 permanent resident populations; 7 (2) developing, identifying, and sharing best 8 practices in United States citizenship promotion and 9 preparation; 10 (3) supporting innovative and creative solutions 11 to barriers faced by noncitizens seeking naturaliza12 tion; 13 (4) increasing the use of, and access to, tech14 nology in United States citizenship preparation pro15 grams; 16 (5) engaging communities receiving immigrants 17 in the United States citizenship and civic integration 18 process; 19 (6) fostering public education and awareness; 20 (7) coordinating the immigrant integration ef21 forts of the Foundation with such efforts of U.S. 22 Citizenship and Immigration Services; and 23 (8) awarding grants to State and local govern24 ments under section 3503. 25 (e) COUNCIL OF DIRECTORS.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 233 •HR 1177 IH 1 (1) MEMBERS.—To the extent consistent with 2 section 501(c)(3) of the Internal Revenue Code of 3 1986, the Foundation shall have a council of direc4 tors (referred to in this section as the ‘‘Council’’), 5 which shall be comprised of— 6 (A) the Director of U.S. Citizenship and 7 Immigration Services; and 8 (B) 10 individuals appointed by the Direc9 tor of U.S. Citizenship and Immigration Serv10 ices. 11 (2) QUALIFICATIONS.—In appointing individ12 uals under paragraph (1)(B), the Director of U.S. 13 Citizenship and Immigration Services shall consider 14 individuals with experience in national private and 15 public nonprofit organizations that promote and as16 sist lawful permanent residents with naturalization. 17 (3) TERMS.—A member of the Council de18 scribed in paragraph (1)(B) shall be appointed for a 19 term of 4 years, except that, of the members first 20 appointed, 5 members shall be appointed for a term 21 of 2 years, which may be followed by renewable 4- 22 year terms. 23 (f) EXECUTIVE DIRECTOR.— 24 (1) IN GENERAL.—The Council shall, by major25 ity vote, appoint for 6-year renewable terms an execVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 234 •HR 1177 IH 1 utive director of the Foundation, who shall oversee 2 the day-to-day operations of the Foundation. 3 (2) RESPONSIBILITIES.—The executive director 4 shall carry out the purposes described in subsection 5 (c) on behalf of the Foundation by— 6 (A) accepting, holding, administering, in7 vesting, and spending any gift, devise, or be8 quest of real or personal property made to the 9 Foundation; 10 (B) entering into contracts and other fi11 nancial assistance agreements with individuals, 12 public or private organizations, professional so13 cieties, and government agencies to carry out 14 the purposes of the Foundation; 15 (C) entering into such other contracts, 16 leases, cooperative agreements, and other trans17 actions as the executive director considers ap18 propriate to carry out the activities of the 19 Foundation; and 20 (D) charging such fees for professional 21 services furnished by the Foundation as the ex22 ecutive director considers reasonable and appro23 priate. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 235 •HR 1177 IH 1 (g) TIMELINE.—The Foundation shall be established 2 and operational not later than 1 year after the date of 3 the enactment of this Act. 4 SEC. 3503. PILOT PROGRAM TO PROMOTE IMMIGRANT IN5 TEGRATION AT STATE AND LOCAL LEVELS. 6 (a) GRANTS AUTHORIZED.—The Chief of the Office 7 of Citizenship of U.S. Citizenship and Immigration Serv8 ices (referred to in this section as the ‘‘Chief’’) shall estab9 lish a pilot program through which the Chief may award 10 grants, on a competitive basis, to States and local govern11 ments and other qualifying entities in collaboration with 12 States and local governments— 13 (1) to establish new immigrant councils to carry 14 out programs to integrate new immigrants; and 15 (2) to carry out programs to integrate new im16 migrants. 17 (b) QUALIFYING ENTITIES.—Qualifying entities 18 under this section may include— 19 (1) an educational institution; 20 (2) a private organization; 21 (3) a community-based organization; or 22 (4) a nonprofit organization. 23 (c) APPLICATION.—A State or local government, or 24 other qualifying entity in collaboration with a State or 25 local government, seeking a grant under this section shall VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 236 •HR 1177 IH 1 submit an application to the Chief at such time, in such 2 manner, and containing such information as the Chief 3 may reasonably require, including— 4 (1) a proposal to carry out 1 or more activities 5 described in subsection (d)(3); 6 (2) the estimated number of new immigrants 7 residing in the geographic area of the applicant; and 8 (3) a description of the challenges in intro9 ducing and integrating new immigrants into the 10 State or local community. 11 (d) ACTIVITIES.—A grant awarded under this sub12 section shall be used— 13 (1) to form a new immigrant council, which 14 shall— 15 (A) consist of not fewer than 15 individ16 uals and not more than 19 representatives of 17 the State or local government or qualifying or18 ganization, as applicable; 19 (B) include, to the extent practicable, rep20 resentatives from— 21 (i) business; 22 (ii) faith-based organizations; 23 (iii) civic organizations; 24 (iv) philanthropic organizations; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 237 •HR 1177 IH 1 (v) nonprofit organizations, including 2 nonprofit organizations with legal and ad3 vocacy experience working with immigrant 4 communities; 5 (vi) key education stakeholders, such 6 as State educational agencies, local edu7 cational agencies (as defined in section 8 8101 of the Elementary and Secondary 9 Education Act of 1965 (20 U.S.C. 7801)), 10 community colleges, and teachers; 11 (vii) State adult education offices; 12 (viii) State or local public libraries; 13 and 14 (ix) State or local governments; and 15 (C) meet not less frequently than quar16 terly; 17 (2) to provide subgrants to local communities, 18 city governments, municipalities, nonprofit organiza19 tions (including veterans’ and patriotic organiza20 tions), or other qualifying entities; 21 (3) to develop, implement, expand, or enhance 22 a comprehensive plan to introduce and integrate new 23 immigrants into the applicable State by— 24 (A) improving English language skills; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 238 •HR 1177 IH 1 (B) engaging caretakers with limited 2 English proficiency in their child’s education 3 through interactive parent and child literacy ac4 tivities; 5 (C) improving and expanding access to 6 workforce training programs; 7 (D) teaching United States history, civics 8 education, and citizenship rights and respon9 sibilities; 10 (E) promoting an understanding of the 11 form of government and history of the United 12 States and the principles of the Constitution of 13 the United States; 14 (F) improving financial literacy; and 15 (G) focusing on other key areas of impor16 tance to integration in United States society; 17 and 18 (4) to engage communities receiving immigrants 19 in the citizenship and civic integration process by— 20 (A) increasing local service capacity; 21 (B) building meaningful connections be22 tween new immigrants and long-time residents; 23 (C) communicating the contributions of 24 communities receiving new immigrants; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 239 •HR 1177 IH 1 (D) engaging leaders from all sectors of 2 the community. 3 (e) REPORTING AND EVALUATION.— 4 (1) ANNUAL REPORT.—Not less frequently than 5 annually, each recipient of a grant under this section 6 shall submit to the Chief a report that describes, for 7 the preceding calendar year— 8 (A) the activities undertaken by the grant 9 recipient, including the manner in which such 10 activities meet the goals of the Foundation and 11 the comprehensive plan referred to in sub12 section (d)(3); 13 (B) the geographic area being served; 14 (C) the estimated number of immigrants in 15 such area; and 16 (D) the primary languages spoken in such 17 area. 18 (2) ANNUAL EVALUATION.—Not less frequently 19 than annually, the Chief shall conduct an evaluation 20 of the grant program under this section— 21 (A) to assess and improve the effectiveness 22 of the grant program; 23 (B) to assess the future needs of immi24 grants and of State and local governments with 25 respect to immigrants; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 240 •HR 1177 IH 1 (C) to ensure that grantees, recipients, and 2 subgrantees are acting within the scope and 3 purpose of this section. 4 SEC. 3504. ENGLISH AS A GATEWAY TO INTEGRATION 5 GRANT PROGRAM. 6 (a) AUTHORIZATION.—The Assistant Secretary for 7 Career, Technical, and Adult Education in the Depart8 ment of Education (referred to in this section as the ‘‘As9 sistant Secretary’’) shall award English as a Gateway to 10 Integration grants to eligible entities. 11 (b) ELIGIBILITY.—An entity eligible to receive a 12 grant under this section is a State or unit of local govern13 ment, a private organization, an educational institution, 14 a community-based organization, or a nonprofit organiza15 tion that— 16 (1) in the case of any applicant that has pre17 viously received a grant under this section, uses 18 matching funds from non-Federal sources, which 19 may include in-kind contributions, equal to 25 per20 cent of the amount received from the English as a 21 Gateway to Integration program to carry out such 22 program; 23 (2) submits to the Assistant Secretary an appli24 cation at such time, in such manner, and containing VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 241 •HR 1177 IH 1 such information as the Assistant Secretary may 2 reasonably require, including— 3 (A) a description of the target population 4 to be served, including demographics, literacy 5 levels, and English language levels of the target 6 population; and 7 (B) the assessment and performance meas8 ures that the grant recipient plans to use to 9 evaluate the English language learning progress 10 of students and overall success of the instruc11 tion and program; 12 (3) demonstrates collaboration with public and 13 private entities to provide the instruction and assist14 ance described in subsection (c)(1); 15 (4) provides English language programs that— 16 (A) teach English language skills to limited 17 English proficient (LEP) individuals who— 18 (i) have less than a United States 19 high school diploma; or 20 (ii) are parents who are caretakers of 21 young children; 22 (B) support and promote the social, eco23 nomic, and civic integration of adult English 24 language learners and their families; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 242 •HR 1177 IH 1 (C) equip adult English language learners 2 for ongoing, independent study and learning be3 yond the classroom or formal instruction; and 4 (D) incorporate the use of technology to 5 help students develop digital literacy skills; and 6 (5) is located in— 7 (A) 1 of the 10 States with the highest 8 rate of foreign-born residents; or 9 (B) a State that has experienced a large 10 increase in the population of immigrants during 11 the most recent 10-year period, based on data 12 compiled by the Office of Immigration Statistics 13 or the Census Bureau. 14 (c) USE OF FUNDS.— 15 (1) IN GENERAL.—Funds awarded under this 16 section shall be used to provide English language in17 struction to adult English language learners. Such 18 instruction shall advance the integration of students 19 to help them— 20 (A) build their knowledge of United States 21 history and civics; 22 (B) prepare for United States citizenship 23 and the naturalization process; 24 (C) gain digital literacy; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 243 •HR 1177 IH 1 (D) understand and navigate the early 2 childhood, K–12, and postsecondary education 3 systems; 4 (E) gain financial literacy; 5 (F) build an understanding of the housing 6 market and systems in the United States; 7 (G) learn about and access the United 8 States, State, and local health care systems; 9 (H) prepare for a high school equivalency 10 diploma or postsecondary training or education; 11 and 12 (I) prepare for and secure employment. 13 (2) DESIGN OF PROGRAM.—Funds awarded 14 under this section shall be used to support an in15 structional program that may include the following 16 elements: 17 (A) English language instruction in a 18 classroom setting, provided that such setting is 19 in a geographic location accessible to the popu20 lation served. 21 (B) Online English language instruction 22 and distance learning platforms. 23 (C) Educational support and specialized 24 instruction for English language learners with 25 low levels of literacy in their first language. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 244 •HR 1177 IH 1 (D) Other online and digital components, 2 including the use of mobile phones. 3 (d) CERTIFICATION.—To receive a payment under 4 this section, a participating entity shall submit to the As5 sistant Secretary a certification that the proposed uses of 6 grant funds by the entity are consistent with this section 7 and meet all necessary criteria determined by the Assist8 ant Secretary. 9 (e) ANNUAL REPORT AND EVALUATION.—Not later 10 than 90 days after the end of each fiscal year for which 11 an entity receives grant funds under this section, the enti12 ty shall submit to the Assistant Secretary the following: 13 (1) A report that describes— 14 (A) the activities undertaken by the entity 15 that were funded entirely or partially by the 16 grant funds; 17 (B) the geographic area served by the 18 grant funds; 19 (C) the number of immigrants in such 20 area; 21 (D) the primary languages spoken in such 22 area; 23 (E) the number of adult English language 24 learners receiving assistance that was funded VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 245 •HR 1177 IH 1 entirely or partially by grant funds received by 2 the entity; and 3 (F) a breakdown of the costs of the in4 struction services provided and the average per 5 capita cost of providing such instruction. 6 (2) An evaluation of any program of the entity 7 using grant funds under this section, including— 8 (A) an assessment of— 9 (i) the effectiveness of such program 10 and recommendations for improving the 11 program; and 12 (ii) whether the English language in13 struction needs of the geographic area 14 served have been met; and 15 (B) in the case of an assessment under 16 subparagraph (A)(ii) that such needs have not 17 been met, a description of the additional assist18 ance required to meet such needs. 19 (f) DEFINITIONS.—In this section: 20 (1) ADULT ENGLISH LANGUAGE LEARNER.— 21 The term ‘‘adult English language learner’’ refers to 22 an individual age 16 years and older who is not en23 rolled in secondary school and who is limited English 24 proficient. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 246 •HR 1177 IH 1 (2) ENGLISH LANGUAGE LEARNER; LIMITED 2 ENGLISH PROFICIENT.—The terms ‘‘English lan3 guage learner’’ and ‘‘limited English proficient’’ de4 scribe an individual who does not speak English as 5 their primary language and who has a limited ability 6 to read, speak, write, or understand English. 7 (3) STATE.—The term ‘‘State’’ means each of 8 the several States, the District of Columbia, the 9 Commonwealth of Puerto Rico, the United States 10 Virgin Islands, Guam, American Samoa, and the 11 Commonwealth of the Northern Mariana Islands. 12 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 13 authorized to be appropriated to carry out this section 14 $100,000,000 for fiscal years 2022 through 2023. 15 SEC. 3505. WORKFORCE DEVELOPMENT AND SHARED 16 PROSPERITY GRANT PROGRAM. 17 (a) DECLARATION OF POLICY.—It is the policy of the 18 United States— 19 (1) that adults have adequate and equitable ac20 cess to education and workforce programs that— 21 (A) help them learn basic skills in reading, 22 writing, mathematics, and the English lan23 guage; and 24 (B) equip them with occupational skills 25 needed to secure or advance in employment, fill VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 247 •HR 1177 IH 1 employer needs, and support themselves and 2 their families; 3 (2) that helping adults with limited skills to at4 tain industry-recognized postsecondary credentials 5 strengthens the economy; and 6 (3) that workforce programs for adults with 7 limited skills should incorporate an integrated edu8 cation and training approach that allows adults to 9 acquire basic skills while pursuing occupational or 10 industry-specific training. 11 (b) AUTHORIZATION.—The Assistant Secretary for 12 Career, Technical, and Adult Education at the Depart13 ment of Education (referred to in this section as the ‘‘As14 sistant Secretary’’) shall award Workforce Development 15 and Shared Prosperity grants, on a competitive basis, to 16 States or local governments, or other qualifying entities 17 described in subsection (c) in collaboration with States 18 and local governments. 19 (c) QUALIFYING ENTITIES.—Qualifying entities 20 under this section may include— 21 (1) an educational institution; 22 (2) a private organization; 23 (3) a community-based organization; or 24 (4) a nonprofit organization. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 248 •HR 1177 IH 1 (d) ELIGIBILITY.—A State or local government, or a 2 qualifying entity in collaboration with a State or local gov3 ernment, is eligible to receive a grant under this section 4 provided that the State or local government or entity— 5 (1) supports and promotes the economic inte6 gration of immigrants and refugees and their fami7 lies; 8 (2) has expertise in workforce development and 9 adult education for the purpose of developing and 10 implementing State or local programs of integrated 11 education and training; 12 (3) in carrying out the grant program, has, or 13 collaborates with at least 1 entity that has— 14 (A) expertise in workforce development for 15 immigrants and refugees; and 16 (B) expertise in adult education of immi17 grants and refugees; 18 (4) uses matching funds from non-Federal 19 sources, which may include in-kind contributions, 20 equal to 25 percent of the amount received from the 21 Workforce Development and Shared Prosperity 22 grant program; and 23 (5) submits to the Assistant Secretary an appli24 cation at such time, in such manner, and containing VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 249 •HR 1177 IH 1 such information as the Assistant Secretary may 2 reasonably require, including— 3 (A) a description of the target population 4 to be served, including demographics, English 5 language levels, educational levels, and skill lev6 els; 7 (B) the specific integrated education and 8 training instructional model to be implemented; 9 (C) how the program will be designed and 10 implemented by educators with expertise in 11 adult education, English language instruction, 12 and occupational skills training; 13 (D) how the program will prepare students 14 to receive a high school equivalency credential; 15 (E) how the program will prepare students 16 to receive a postsecondary credential; 17 (F) the occupations or industries for which 18 the program will prepare students for employ19 ment; 20 (G) evidence of employer demand for the 21 skills or occupational training offered by the 22 grant program; 23 (H) the extent to which the program re24 duces the time required for students to acquire 25 English and workforce skills; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 250 •HR 1177 IH 1 (I) how the program will increase digital 2 literacy skills; 3 (J) how the program will provide student 4 support services, including guidance counseling, 5 so as to promote student success; and 6 (K) the assessment and performance meas7 ures that the grant recipient plans to use to 8 evaluate— 9 (i) the progress of adult learners in 10 acquiring basic skills such as reading, writ11 ing, mathematics, and the English lan12 guage; and 13 (ii) the success of the grant program 14 in preparing students for employment and 15 in helping them find employment or ad16 vance in employment. 17 (e) CERTIFICATION.—To receive a payment under 18 this section, a participating entity shall submit to the As19 sistant Secretary a certification that the proposed uses of 20 grant funds by the entity are consistent with this section 21 and meet all necessary criteria determined by the Assist22 ant Secretary. 23 (f) TECHNICAL ASSISTANCE.—The Assistant Sec24 retary shall provide technical assistance to adult education VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 251 •HR 1177 IH 1 providers on how to provide integrated education and 2 training. 3 (g) ANNUAL REPORT AND EVALUATION.—Not later 4 than 90 days after the end of each fiscal year for which 5 an entity receives grant funds under this section, the enti6 ty shall submit to the Assistant Secretary the following: 7 (1) A report that describes— 8 (A) the activities undertaken by the entity 9 that were funded entirely or partially by the 10 grant funds; 11 (B) the geographic area served by the 12 grant funds; 13 (C) the number of immigrants in such 14 area; 15 (D) the primary languages spoken in such 16 area; and 17 (E) a breakdown of the costs of each of 18 the services provided and the average per capita 19 cost of providing such services. 20 (2) An evaluation of any program of the entity 21 using grant funds under this section, including— 22 (A) an assessment of— 23 (i) the effectiveness of such program 24 and recommendations for improving the 25 program; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 252 •HR 1177 IH 1 (ii) whether the adult education and 2 workforce development needs of the geo3 graphic area served have been met; and 4 (B) in the case of an assessment under 5 subparagraph (A)(ii) that such needs have not 6 been met, a description of the additional assist7 ance required to meet such needs. 8 (h) DEFINITIONS.—In this section: 9 (1) ADULT EDUCATION.—The term ‘‘adult edu10 cation’’ means academic instruction and education 11 services below the postsecondary level that increase 12 an individual’s ability to read, write, speak, and un13 derstand English and perform mathematical or other 14 activities necessary to attain a secondary school di15 ploma or its recognized equivalent, to transition to 16 postsecondary education and training, or to obtain 17 employment. 18 (2) INTEGRATED EDUCATION AND TRAINING.— 19 The term ‘‘integrated education and training’’ 20 means instruction that provides adult education, lit21 eracy, and English language activities concurrently 22 and contextually with workforce preparation activi23 ties and workforce training for a specific occupation 24 or occupational cluster for the purpose of edu25 cational and career advancement. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 253 •HR 1177 IH 1 (3) STATE.—The term ‘‘State’’ means each of 2 the several States, the District of Columbia, the 3 Commonwealth of Puerto Rico, the United States 4 Virgin Islands, Guam, American Samoa, and the 5 Commonwealth of the Northern Mariana Islands. 6 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 7 authorized to be appropriated to carry out this section 8 $100,000,000 for fiscal years 2022 through 2023. 9 SEC. 3506. EXISTING CITIZENSHIP EDUCATION GRANTS. 10 (a) IN GENERAL.—There is authorized to be appro11 priated to the Secretary not less than $25,000,000 for the 12 purpose of awarding grants to public or private nonprofit 13 entities for citizenship education and training (as de14 scribed in number 97.010 of the Catalog of Federal Do15 mestic Assistance), to remain available until expended. 16 (b) CONSIDERATION OF GRANT RECIPIENTS.—With 17 respect to grants administered and awarded to public or 18 private nonprofit organizations by the Secretary, unless 19 otherwise required by law, in making determinations about 20 such grants, the Secretary may not consider an entity’s 21 enrollment in or use of the E-Verify Program described 22 in section 403(a) of the Illegal Immigration Reform and 23 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 24 note). VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 254 •HR 1177 IH 1 SEC. 3507. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI2 CANTS. 3 (a) ESTABLISHMENT.—The Secretary shall establish, 4 within U.S. Citizenship and Immigration Services, a pro5 gram to award grants, on a competitive basis, to eligible 6 nonprofit organizations to carry out a program described 7 in subsection (c) for the purpose of assisting applicants 8 for status under sections 245B, 245C, 245D, 245E, and 9 245F of the Immigration and Nationality Act. 10 (b) ELIGIBLE NONPROFIT ORGANIZATION.—A non11 profit organization eligible to receive a grant under this 12 section is a nonprofit tax-exempt organization, including 13 a community, faith-based, or other immigrant-serving or14 ganization, the staff of which has demonstrated qualifica15 tions, experience, and expertise in providing quality serv16 ices to immigrants, refugees, noncitizens granted asylum, 17 or noncitizens applying for such statuses. 18 (c) USE OF FUNDS.—Grant funds awarded under 19 this section may be used for the design and implementa20 tion of programs that provide— 21 (1) information to the public relating to eligi22 bility for and benefits of lawful prospective immi23 grant status under section 245B of the Immigration 24 and Nationality Act, particularly to individuals who 25 may be eligible for such status; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 255 •HR 1177 IH 1 (2) assistance, within the scope of authorized 2 practice of immigration law, to individuals in sub3 mitting applications for lawful prospective immi4 grant status, including— 5 (A) screening prospective applicants to as6 sess eligibility for such status; 7 (B) completing applications and petitions, 8 including providing assistance in obtaining the 9 requisite documents and supporting evidence; 10 (C) applying for any waivers for which ap11 plicants and qualifying family members may be 12 eligible; and 13 (D) providing any other assistance that the 14 Secretary or grantees consider useful or nec15 essary in applying for lawful prospective immi16 grant status; 17 (3) assistance, within the scope of authorized 18 practice of immigration law, to individuals seeking to 19 adjust their status to that of a lawful permanent 20 resident under section 245C, 245D, 245E, or 245F 21 of the Immigration and Nationality Act; 22 (4) instruction to individuals with respect to— 23 (A) the rights and responsibilities of 24 United States citizenship; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 256 •HR 1177 IH 1 (B) civics and civics-based English as a 2 second language; and 3 (5) assistance, within the scope of authorized 4 practice of immigration law, to individuals seeking to 5 apply for United States citizenship. 6 (d) SOURCE OF GRANT FUNDS.—To carry out this 7 section, the Secretary may use not more than $50,000,000 8 from the Immigration Examinations Fee Account pursu9 ant to section 286(m) of the Immigration and Nationality 10 Act (U.S.C. 1356(m)). 11 (e) AVAILABILITY OF APPROPRIATIONS.—Any 12 amounts appropriated to carry out this section shall re13 main available until expended. 14 SEC. 3508. STUDY ON FACTORS AFFECTING EMPLOYMENT 15 OPPORTUNITIES FOR IMMIGRANTS AND REF16 UGEES WITH PROFESSIONAL CREDENTIALS 17 OBTAINED IN FOREIGN COUNTRIES. 18 (a) IN GENERAL.—The Secretary of Labor, in coordi19 nation with the Secretary of State, the Secretary of Edu20 cation, the Secretary of Health and Human Services, the 21 Secretary of Commerce, the Secretary, the Administrator 22 of the Internal Revenue Service, and the Commissioner of 23 the Social Security Administration, shall conduct a study 24 on the factors affecting employment opportunities in the 25 United States for applicable immigrants and refugees with VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 257 •HR 1177 IH 1 professional credentials obtained in countries other than 2 the United States. 3 (b) ELEMENTS.—The study required by subsection 4 (a) shall include the following: 5 (1) An analysis of the employment history of 6 applicable immigrants and refugees admitted to the 7 United States during the most recent 5-year period 8 for which data are available at the time of the study, 9 including, to the extent practicable— 10 (A) an analysis of the employment held by 11 applicable immigrants and refugees before im12 migrating to the United States as compared to 13 the employment obtained in the United States, 14 if any, since the arrival of such applicable immi15 grants and refugees; and 16 (B) a consideration of the occupational and 17 professional credentials and academic degrees 18 held by applicable immigrants and refugees be19 fore immigrating to the United States. 20 (2) An assessment of any barrier that prevents 21 applicable immigrants and refugees from using occu22 pational experience obtained outside the United 23 States to obtain employment in the United States. 24 (3) An analysis of existing public and private 25 resources available to assist applicable immigrants VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 258 •HR 1177 IH 1 and refugees who have professional experience and 2 qualifications obtained outside the United States in 3 using such professional experience and qualifications 4 to obtain skills-appropriate employment opportuni5 ties in the United States. 6 (4) Policy recommendations for better enabling 7 applicable immigrants and refugees who have profes8 sional experience and qualifications obtained outside 9 the United States to use such professional experi10 ence and qualifications to obtain skills-appropriate 11 employment opportunities in the United States. 12 (c) COLLABORATION WITH NONPROFIT ORGANIZA13 TIONS AND STATE AGENCIES.—In conducting the study 14 required by subsection (a), the Secretary of Labor shall 15 seek to collaborate with relevant nonprofit organizations 16 and State agencies to use the existing data and resources 17 of such entities. 18 (d) APPLICABLE IMMIGRANTS AND REFUGEES.—In 19 this section, the term ‘‘applicable immigrants and refu20 gees’’ means— 21 (1) noncitizens who are lawfully present and 22 authorized to be employed in the United States; and 23 (2) citizens of the United States born outside 24 the United States and its outlying possessions. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 259 •HR 1177 IH 1 SEC. 3509. IN-STATE TUITION RATES FOR REFUGEES, 2 ASYLEES, AND CERTAIN SPECIAL IMMI3 GRANTS. 4 (a) IN GENERAL.—The Higher Education Act of 5 1965 (20 U.S.C. 1001 et seq.) is amended by inserting 6 after section 135 the following: 7 ‘‘SEC. 135A. IN-STATE TUITION RATES FOR REFUGEES, 8 ASYLEES, AND CERTAIN SPECIAL IMMI9 GRANTS. 10 ‘‘(a) REQUIREMENT.—In the case of a noncitizen de11 scribed in subsection (b) whose domicile is in a State that 12 receives assistance under this Act, such State shall not 13 charge such noncitizen tuition for attendance at a public 14 institution of higher education in the State at a rate that 15 is greater than the rate charged for residents of the State. 16 ‘‘(b) NONCITIZEN DESCRIBED.—A noncitizen is de17 scribed in this subsection if the noncitizen was granted— 18 ‘‘(1) refugee status and admitted to the United 19 States under section 207 of the Immigration and 20 Nationality Act (8 U.S.C. 1157); 21 ‘‘(2) asylum under section 208 of such Act (8 22 U.S.C. 1158); or 23 ‘‘(3) special immigrant status under section 24 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) pur25 suant to— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 260 •HR 1177 IH 1 ‘‘(A) section 1244 of the National Defense 2 Authorization Act for Fiscal Year 2008 (8 3 U.S.C. 1157 note); 4 ‘‘(B) section 1059 of the National Defense 5 Authorization Act for Fiscal Year 2006 (8 6 U.S.C. 1101 note); or 7 ‘‘(C) section 602 of the Afghan Allies Pro8 tection Act of 2009 (8 U.S.C. 1101 note). 9 ‘‘(c) LIMITATIONS.—The requirement under sub10 section (a) shall apply with respect to a noncitizen only 11 until the noncitizen has established residency in the State, 12 and only with respect to the first State in which the non13 citizen was first domiciled after being admitted into the 14 United States as a refugee or special immigrant or being 15 granted asylum. 16 ‘‘(d) EFFECTIVE DATE.—This section shall take ef17 fect at each public institution of higher education in a 18 State that receives assistance under this Act for the first 19 period of enrollment at such institution that begins after 20 January 1, 2021.’’. 21 (b) CONFORMING AMENDMENT.—The table of con22 tents for the Higher Education Act of 1965 (20 U.S.C. 23 1001 et seq.) is amended by inserting after the item relat24 ing to section 135 the following: ‘‘Sec. 135A. In-State tuition rates for refugees, asylees, and certain special immigrants.’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00260 Fmt 6652 Sfmt 6211 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 261 •HR 1177 IH 1 SEC. 3510. WAIVER OF ENGLISH REQUIREMENT FOR SEN2 IOR NEW AMERICANS. 3 Section 312 (8 U.S.C. 1423) is amended by striking 4 subsection (b) and inserting the following: 5 ‘‘(b) The requirements under subsection (a) shall not 6 apply to any person who— 7 ‘‘(1) is unable to comply with such require8 ments because of physical or mental disability, in9 cluding developmental or intellectual disability; or 10 ‘‘(2) on the date on which the person’s applica11 tion for naturalization is submitted under section 12 334— 13 ‘‘(A) is older than 65 years of age; and 14 ‘‘(B) has been living in the United States 15 for 1 or more periods totaling not less than 5 16 years after being lawfully admitted for perma17 nent residence. 18 ‘‘(c) The requirement under subsection (a)(1) shall 19 not apply to any person who, on the date on which the 20 person’s application for naturalization is submitted under 21 section 334— 22 ‘‘(1) is older than 50 years of age and has been 23 living in the United States for 1 or more periods to24 taling not less than 20 years after being lawfully ad25 mitted for permanent residence; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 262 •HR 1177 IH 1 ‘‘(2) is older than 55 years of age and has been 2 living in the United States for 1 or more periods to3 taling not less than 15 years after being lawfully ad4 mitted for permanent residence; or 5 ‘‘(3) is older than 60 years of age and has been 6 living in the United States for 1 or more periods to7 taling not less than 10 years after being lawfully ad8 mitted for permanent residence. 9 ‘‘(d) The Secretary of Homeland Security may waive, 10 on a case-by-case basis, the requirement under subsection 11 (a)(2) for any person who, on the date on which the per12 son’s application for naturalization is submitted under sec13 tion 334— 14 ‘‘(1) is older than 60 years of age; and 15 ‘‘(2) has been living in the United States for 1 16 or more periods totaling not less than 10 years after 17 being lawfully admitted for permanent residence.’’. 18 SEC. 3511. NATURALIZATION FOR CERTAIN UNITED STATES 19 HIGH SCHOOL GRADUATES. 20 (a) IN GENERAL.—Title III of the Immigration and 21 Nationality Act (8 U.S.C. 1401 et seq.) is amended by 22 inserting after section 320 the following: VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 263 •HR 1177 IH 1 ‘‘SEC. 321. CITIZENSHIP FOR CERTAIN UNITED STATES 2 HIGH SCHOOL GRADUATES. 3 ‘‘(a) REQUIREMENTS CONSIDERED SATISFIED.—In 4 the case of a noncitizen described in subsection (b), the 5 noncitizen shall be considered to have satisfied the require6 ments of section 312(a). 7 ‘‘(b) NONCITIZEN DESCRIBED.—A noncitizen is de8 scribed in this subsection if the noncitizen submits an ap9 plication for naturalization under section 334 that con10 tains the following: 11 ‘‘(1) Transcripts from public or private schools 12 in the United States that demonstrate the following: 13 ‘‘(A) The noncitizen completed grades 9 14 through 12 in the United States and graduated 15 with a high school diploma. 16 ‘‘(B) The noncitizen completed a cur17 riculum that reflects knowledge of United 18 States history, government, and civics. 19 ‘‘(2) A copy of the noncitizen’s high school di20 ploma.’’. 21 (b) CLERICAL AMENDMENT.—The table of contents 22 for the Immigration and Nationality Act (8 U.S.C. 1101 23 et seq.) is amended by inserting after the item relating 24 to section 320 the following: ‘‘Sec. 321. Citizenship for certain United States high school graduates.’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6211 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 264 •HR 1177 IH 1 (c) APPLICABILITY.—The amendments made by this 2 section shall take effect on the date of the enactment of 3 this Act and shall apply to applicants for naturalization 4 who apply for naturalization on or after such date. 5 (d) REGULATIONS.—Not later than 180 days after 6 the date of the enactment of this Act, the Secretary shall 7 promulgate regulations to carry out this section and the 8 amendments made by this section. 9 SEC. 3512. NATURALIZATION CEREMONIES. 10 (a) IN GENERAL.—The Chief of the Office of Citizen11 ship of U.S. Citizenship and Immigration Services, in con12 sultation with the Director of the National Park Service, 13 the Archivist of the United States, and other appropriate 14 Federal officials, shall develop and implement a strategy 15 to enhance public awareness of naturalization ceremonies. 16 (b) VENUES.—In developing the strategy under sub17 section (a), the Chief of the Office of Citizenship of U.S. 18 Citizenship and Immigration Services shall consider the 19 use of outstanding and historic locations as venues for se20 lect naturalization ceremonies. 21 SEC. 3513. NATIONAL CITIZENSHIP PROMOTION PROGRAM. 22 (a) ESTABLISHMENT.—Not later than 1 year after 23 the date of the enactment of this Act, the Secretary shall 24 establish a program to promote United States citizenship. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 265 •HR 1177 IH 1 (b) ACTIVITIES.—As part of the program required by 2 subsection (a), the Secretary shall carry out outreach ac3 tivities in accordance with subsection (c). 4 (c) OUTREACH.—The Secretary shall— 5 (1) develop outreach materials targeted to non6 citizens who have been lawfully admitted for perma7 nent residence to encourage such noncitizens to 8 apply to become citizens of the United States; 9 (2) make such outreach materials available 10 through— 11 (A) public service announcements; 12 (B) advertisements; and 13 (C) such other media as the Secretary con14 siders appropriate; and 15 (3) conduct outreach activities targeted to non16 citizens eligible to apply for naturalization, including 17 communication by text, email, and the United States 18 Postal Service, that provides, on paper or in elec19 tronic form— 20 (A) notice that the individual is possibly el21 igible to apply for naturalization; 22 (B) information about the requirements of 23 United States citizenship; 24 (C) information about the benefits of 25 United States citizenship; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 266 •HR 1177 IH 1 (D) a pre-filled naturalization application 2 containing the data the agency already has 3 about the individual; 4 (E) instructions on how to complete the 5 application; and 6 (F) resources for free or low-cost assist7 ance with applying for naturalization and pre8 paring for the English and civics exams. 9 SEC. 3514. AUTHORIZATION OF APPROPRIATIONS FOR 10 FOUNDATION AND PILOT PROGRAM. 11 (a) IN GENERAL.—There are authorized to be appro12 priated for the first 2 fiscal years after the date of the 13 enactment of this Act such sums as may be necessary to 14 establish the Foundation and carry out the pilot program 15 under section 3502. 16 (b) USE OF FUNDS.—Amounts appropriated to es17 tablish the Foundation and carry out the pilot program 18 under section 3502 may be invested, and any amounts re19 sulting from such investments shall remain available for 20 the operations of the Foundation and the pilot program 21 without further appropriation. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 267 •HR 1177 IH 1 TITLE IV—IMMIGRATION 2 COURTS, FAMILY VALUES, 3 AND VULNERABLE INDIVID4 UALS 5 Subtitle A—Promoting Efficient 6 Processing of Asylum Seekers, 7 Addressing Immigration Court 8 Backlogs, and Efficiently Repa9 triating Migrants Ordered Re10 moved 11 SEC. 4101. EXPANDING ALTERNATIVES TO DETENTION. 12 (a) FAMILY CASE MANAGEMENT PROGRAM.—The 13 Secretary shall— 14 (1) expand the use of the family case manage15 ment program (described in section 218 of the De16 partment of Homeland Security Appropriations Act, 17 2020 (8 U.S.C. 1378a)) for apprehended noncitizens 18 who are members of family units arriving in the 19 United States; and 20 (2) develop additional community-based pro21 grams to increase the number of enrollees in the al22 ternatives to detention program. 23 (b) NONPROFIT ENTITY CONTRACTING PARTNER.— 24 The Secretary shall contract with qualified nonprofit enti25 ties for the operation of the alternatives to detention proVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 268 •HR 1177 IH 1 gram, including the family case management program and 2 other community-based programs described in subsection 3 (a). 4 (c) LEGAL ORIENTATION.—The Secretary shall en5 sure that enrollees in the alternatives to detention pro6 gram, including the family case management program and 7 other community-based programs described in subsection 8 (a), are provided a legal orientation consistent with the 9 program elements described in section 4105(a)(2). 10 SEC. 4102. ELIMINATING IMMIGRATION COURT BACKLOGS. 11 (a) ADDRESSING IMMIGRATION JUDGE SHORT12 AGES.—The Attorney General shall increase the total 13 number of immigration judges by not fewer than 55 14 judges during each of fiscal years 2021, 2022, 2023, and 15 2024. 16 (b) QUALIFICATIONS AND SELECTION.—The Attor17 ney General shall— 18 (1) ensure that all newly hired immigration 19 judges and members of the Board of Immigration 20 Appeals are— 21 (A) highly qualified experts on immigration 22 law; and 23 (B) trained to conduct fair, impartial adju24 dications in accordance with applicable due 25 process requirements; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 269 •HR 1177 IH 1 (2) with respect to immigration judges and 2 members of the Board of Immigration Appeals, to 3 the extent practicable, strive to achieve an equal nu4 merical balance in the hiring of candidates with Gov5 ernment experience in immigration and candidates 6 with sufficient knowledge or experience in immigra7 tion in the private sector, including nonprofit, pri8 vate bar, or academic experience. 9 (c) ADDRESSING SUPPORT STAFF SHORTAGES.— 10 Subject to the availability of funds made available in ad11 vance in appropriations Acts, the Attorney General shall 12 ensure that each immigration judge has sufficient support 13 staff, adequate technological and security resources, and 14 appropriate courtroom facilities. 15 (d) ADDITIONAL BOARD OF IMMIGRATION APPEALS 16 PERSONNEL.—The Attorney General shall increase the 17 number of Board of Immigration Appeals staff attorneys 18 (including necessary additional support staff) to efficiently 19 process cases by not fewer than 23 attorneys during each 20 of fiscal years 2021, 2022, and 2023. 21 (e) GAO REPORT.—The Comptroller General of the 22 United States shall— 23 (1) conduct a study of the impediments to effi24 cient hiring of immigration court judges within the 25 Department of Justice; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 270 •HR 1177 IH 1 (2) propose solutions to Congress for improving 2 the efficiency of the hiring process. 3 SEC. 4103. IMPROVED TRAINING FOR IMMIGRATION 4 JUDGES AND MEMBERS OF THE BOARD OF 5 IMMIGRATION APPEALS. 6 (a) IN GENERAL.—To ensure efficient and fair pro7 ceedings, the Director of the Executive Office for Immi8 gration Review shall establish or expand, as applicable, 9 training programs for immigration judges and members 10 of the Board of Immigration Appeals. 11 (b) MANDATORY TRAINING.—Training referred to 12 under subsection (a) shall include the following: 13 (1) Expansion of the training program for new 14 immigration judges and members of the Board of 15 Immigration Appeals to include age sensitivity, gen16 der sensitivity, and trauma sensitivity. 17 (2) Continuing education regarding current de18 velopments in immigration law, including through 19 regularly available training resources and an annual 20 conference. 21 (3) Training on properly crafting and dictating 22 decisions and standards of review, including im23 proved on-bench reference materials and decision 24 templates. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 271 •HR 1177 IH 1 SEC. 4104. NEW TECHNOLOGY TO IMPROVE COURT EFFI2 CIENCY. 3 The Director of the Executive Office for Immigration 4 Review shall modernize its case management, video-tele5 conferencing, digital audio recording, and related elec6 tronic and computer-based systems, including by allowing 7 for electronic filing, to improve efficiency in the processing 8 of immigration proceedings. 9 SEC. 4105. COURT APPEARANCE COMPLIANCE AND LEGAL 10 ORIENTATION. 11 (a) ACCESS TO LEGAL ORIENTATION PROGRAMS TO 12 ENSURE COURT APPEARANCE COMPLIANCE.— 13 (1) IN GENERAL.—The Secretary, in consulta14 tion with the Attorney General, shall establish proce15 dures to ensure that legal orientation programs are 16 available for all noncitizens detained by the Sec17 retary. 18 (2) PROGRAM ELEMENTS.—Programs under 19 paragraph (1) shall provide information to nonciti20 zens regarding the following: 21 (A) The basic procedures of immigration 22 hearings. 23 (B) The rights and obligations of nonciti24 zens relating to immigration hearings, including 25 the consequences of filing frivolous legal claims 26 and of failing to appear for proceedings. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 272 •HR 1177 IH 1 (C) Legal protections available to nonciti2 zens and the procedures for requesting such 3 protections. 4 (D) Legal resources available to nonciti5 zens and lists of potential legal services pro6 viders. 7 (E) Any other subject the Attorney Gen8 eral considers necessary and appropriate. 9 (3) ELIGIBILITY.—A noncitizen shall be given 10 access to legal orientation programs under this sub11 section regardless of the noncitizen’s current immi12 gration status, prior immigration history, or poten13 tial for immigration relief. 14 (b) EXPANSION OF THE INFORMATION HELP DESK 15 PROGRAM FOR NONDETAINED NONCITIZENS IN REMOVAL 16 PROCEEDINGS.—The Attorney General shall expand the 17 information help desk program to all immigration courts 18 so as to provide noncitizens who are not detained and who 19 have pending asylum claims access to information relating 20 to their immigration status. 21 SEC. 4106. IMPROVING COURT EFFICIENCY AND REDUCING 22 COSTS BY INCREASING ACCESS TO LEGAL IN23 FORMATION. 24 (a) APPOINTMENT OF COUNSEL IN CERTAIN CASES; 25 RIGHT TO REVIEW CERTAIN DOCUMENTS IN REMOVAL VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 273 •HR 1177 IH 1 PROCEEDINGS.—Section 240(b) of the Immigration and 2 Nationality Act (8 U.S.C. 1229a(b)) is amended— 3 (1) in paragraph (4)— 4 (A) in subparagraph (A)— 5 (i) by striking ‘‘, at no expense to the 6 Government,’’; and 7 (ii) by striking the comma at the end 8 and inserting a semicolon; 9 (B) by redesignating subparagraphs (B) 10 and (C) as subparagraphs (D) and (E), respec11 tively; 12 (C) by inserting after subparagraph (A) 13 the following: 14 ‘‘(B) the Attorney General may appoint or 15 provide counsel, at Government expense, to 16 noncitizens in immigration proceedings; 17 ‘‘(C) at the beginning of the proceedings or 18 as expeditiously as possible thereafter, a noncit19 izen shall receive a complete copy of all relevant 20 documents in the possession of the Department 21 of Homeland Security, including all documents 22 (other than documents protected from disclo23 sure by privilege, including national security in24 formation referred to in subparagraph (D), law 25 enforcement-sensitive information, and informaVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 274 •HR 1177 IH 1 tion prohibited from disclosure pursuant to any 2 other provision of law) contained in the file 3 maintained by the Government, including infor4 mation with respect to all transactions involving 5 the noncitizen during the immigration process 6 (commonly referred to as an ‘A-file’) and all 7 documents pertaining to the noncitizen that the 8 Department of Homeland Security has obtained 9 or received from other government agencies, un10 less the noncitizen waives the right to receive 11 such documents by executing a knowing and 12 voluntary written waiver in a language that he 13 or she understands;’’; and 14 (D) in subparagraph (D), as redesignated, 15 by striking ‘‘, and’’ and inserting ‘‘; and’’; and 16 (2) by adding at the end the following: 17 ‘‘(8) FAILURE TO PROVIDE NONCITIZEN RE18 QUIRED DOCUMENTS.—In the absence of a written 19 waiver under paragraph (4)(C), a removal pro20 ceeding may not proceed until the noncitizen— 21 ‘‘(A) has received the documents as re22 quired under such paragraph; and 23 ‘‘(B) has been provided meaningful time to 24 review and assess such documents.’’. 25 (b) RIGHT TO COUNSEL.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 275 •HR 1177 IH 1 (1) IN GENERAL.—Section 292 of the Immigra2 tion and Nationality Act (8 U.S.C. 1362) is amend3 ed to read as follows: 4 ‘‘SEC. 292. RIGHT TO COUNSEL. 5 ‘‘(a) IN GENERAL.—In any proceeding conducted 6 under section 235, 236, 238, 240, 241, or any other sec7 tion of this Act, and in any appeal proceedings before the 8 Attorney General from any such proceedings, the noncit9 izen concerned shall have the privilege of being rep10 resented by such counsel authorized to practice in such 11 proceedings, as the noncitizen shall choose. 12 ‘‘(b) ACCESS TO COUNSEL.— 13 ‘‘(1) IN GENERAL.—The Attorney General may 14 appoint or provide counsel to a noncitizen in any 15 proceeding conducted under section 235, 236, 238, 16 240, or 241 or any other section of this Act. 17 ‘‘(2) DETENTION AND BORDER FACILITIES.— 18 The Secretary of Homeland Security shall ensure 19 that noncitizens have access to counsel inside all im20 migration detention and border facilities. 21 ‘‘(c) CHILDREN AND VULNERABLE INDIVIDUALS.— 22 Notwithstanding subsection (b), at the beginning of pro23 ceedings or as expeditiously as possible, the Attorney Gen24 eral shall appoint, at the expense of the Government, 25 counsel to represent any noncitizen financially unable to VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 276 •HR 1177 IH 1 obtain adequate representation in such proceedings, in2 cluding any noncitizen who has been determined by the 3 Secretary of Homeland Security or the Attorney General 4 to be— 5 ‘‘(1) a child; 6 ‘‘(2) a particularly vulnerable individual, includ7 ing— 8 ‘‘(A) a person with a disability; 9 ‘‘(B) a victim of abuse, torture, or violence; 10 and 11 ‘‘(C) a pregnant or lactating woman; or 12 ‘‘(3) the parent of a United States citizen 13 minor. 14 ‘‘(d) EXTENSION TO CONSOLIDATED CASES.—If the 15 Attorney General has consolidated the case of any noncit16 izen for whom counsel was appointed under subsection (c) 17 with that of any other noncitizen, and such other noncit18 izen does not have counsel, the counsel appointed under 19 subsection (c) shall be appointed to represent such other 20 noncitizen unless there is a demonstrated conflict of inter21 est.’’. 22 (2) RULEMAKING.—Not later than 180 days 23 after the date of enactment of this Act, the Attorney 24 General shall promulgate regulations to implement VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 277 •HR 1177 IH 1 subsection (c) of section 292 of the Immigration and 2 Nationality Act, as added by paragraph (1). 3 (c) IMMIGRATION COUNSEL FUND.— 4 (1) IN GENERAL.—Chapter 9 of title II of the 5 Immigration and Nationality Act (8 U.S.C. 1351 et 6 seq.) is amended by adding at the end the following: 7 ‘‘SEC. 295. IMMIGRATION COUNSEL FUND. 8 ‘‘(a) IN GENERAL.—There is established in the gen9 eral fund of the Treasury a separate account to be known 10 as the ‘Immigration Counsel Fund’. 11 ‘‘(b) DEPOSITS.—Notwithstanding any other provi12 sion of this Act, there shall be deposited as offsetting re13 ceipts into the Immigration Counsel Account all sur14 charges collected under subsection (c) for the purpose of 15 providing access to counsel as required or authorized 16 under this Act, to remain available until expended. 17 ‘‘(c) SURCHARGE.—In any case in which a fee is 18 charged pursuant to the immigration laws, a surcharge of 19 $25 shall be imposed and collected. 20 ‘‘(d) REPORT.—Not later than 2 years after the date 21 of the enactment of this section, and biennially thereafter, 22 the Secretary of Homeland Security shall submit to Con23 gress a report on the status of the Immigration Counsel 24 Account, including— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 278 •HR 1177 IH 1 ‘‘(1) the balance in the Immigration Counsel 2 Account; and 3 ‘‘(2) any recommendation with respect to modi4 fications to the surcharge under subsection (c) nec5 essary to ensure that the receipts collected for the 6 subsequent 2 years equal, as closely as possible, the 7 cost of providing access to counsel as required or au8 thorized under this Act.’’. 9 (2) TABLE OF CONTENTS.—The table of con10 tents for the Immigration and Nationality Act (8 11 U.S.C. 1101 et seq.) is amended by inserting after 12 the item relating to section 294 the following: ‘‘Sec. 295. Immigration Counsel Account.’’. 13 (d) MOTIONS TO REOPEN.—Section 240(c)(7)(C) of 14 the Immigration and Nationality Act (8 U.S.C. 15 1229a(c)(7)(C)) is amended by adding at the end the fol16 lowing: 17 ‘‘(v) SPECIAL RULE FOR CHILDREN 18 AND OTHER VULNERABLE NONCITIZENS.— 19 If the Attorney General fails to appoint 20 counsel for a noncitizen in violation of sec21 tion 292(c)— 22 ‘‘(I) no limitation under this 23 paragraph with respect to the filing of 24 any motion to reopen shall apply to 25 the noncitizen; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 279 •HR 1177 IH 1 ‘‘(II) the filing of a motion to re2 open by the noncitizen shall stay the 3 removal of the noncitizen.’’. 4 SEC. 4107. FACILITATING SAFE AND EFFICIENT REPATRI5 ATION. 6 (a) UNITED STATES SUPPORT FOR REINTEGRA7 TION.—The Secretary of State, in consultation with the 8 Secretary and the Administrator of the United States 9 Agency for International Development, shall coordinate 10 with the governments of El Salvador, Guatemala, Hon11 duras, and any other country in Central America the Sec12 retary of State considers appropriate, to promote the suc13 cessful reintegration of families, unaccompanied noncit14 izen children, and other noncitizens repatriated to their 15 countries of origin by assisting in the development and 16 funding of programs in such countries that— 17 (1) provide comprehensive reintegration services 18 at the municipal level for repatriated noncitizens, in19 cluding family reunification and access to medical 20 and psychosocial services; 21 (2) support the establishment of educational 22 and vocational centers for repatriated noncitizens 23 that provide skills training relevant to national and 24 local economic needs; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 280 •HR 1177 IH 1 (3) promote the hiring of repatriated nonciti2 zens in the private sector, including through stra3 tegic partnerships with specific industries and busi4 nesses; 5 (4) support the issuance of appropriate docu6 ments to repatriated noncitizens, including identi7 fication documents, documents relating to edu8 cational attainment, and documents certifying skill 9 attainment; and 10 (5) monitor repatriated unaccompanied noncit11 izen children to ensure their adequate screening and 12 processing in the United States. 13 (b) ELIGIBILITY OF CITIZENS AND NATIONALS OF 14 REPATRIATION COUNTRY.—Paragraphs (1), (2), and (3) 15 of subsection (a) shall not necessarily exclude citizens or 16 nationals of the countries of origin. 17 (c) CONSULTATION WITH NONGOVERNMENTAL OR18 GANIZATIONS.—In assisting in the development of pro19 grams under subsection (a), the Secretary of State shall 20 consult with nongovernmental organizations in the coun21 tries concerned and in the United States that have experi22 ence in— 23 (1) integrating repatriated individuals and fam24 ilies; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 281 •HR 1177 IH 1 (2) protecting and ensuring the welfare of unac2 companied noncitizen children; and 3 (3) promoting economic development and skills 4 acquisition. 5 Subtitle B—Protecting Family Val6 ues and Monitoring and Caring 7 for Unaccompanied Noncitizen 8 Children After Arrival 9 SEC. 4201. DEFINITION OF LOCAL EDUCATIONAL AGENCY. 10 In this subtitle, the term ‘‘local educational agency’’ 11 has the meaning given the term in section 8101 of the 12 Elementary and Secondary Education Act of 1965 (20 13 U.S.C. 7801). 14 SEC. 4202. RESPONSIBILITY OF SPONSOR FOR IMMIGRA15 TION COURT COMPLIANCE AND CHILD WELL16 BEING. 17 (a) IN GENERAL.—The Secretary of Health and 18 Human Services, in consultation with the Attorney Gen19 eral, shall establish procedures to ensure that a legal ori20 entation program is provided to each sponsor (including 21 parents, legal guardians, and close relatives) of an unac22 companied noncitizen child before the unaccompanied non23 citizen child is placed with the sponsor. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 282 •HR 1177 IH 1 (b) PROGRAM ELEMENTS.—A program under sub2 section (a) shall provide information to sponsors regarding 3 each of the following: 4 (1) The basic procedures of immigration hear5 ings. 6 (2) The rights and obligations of the unaccom7 panied noncitizen child relating to immigration hear8 ings, including the consequences of filing frivolous 9 legal claims and of failing to appear for proceedings. 10 (3) The obligation of the sponsor— 11 (A) to ensure that the unaccompanied non12 citizen child appears at immigration court pro13 ceedings; 14 (B) to notify the court of any change of 15 address of the unaccompanied noncitizen child 16 and other relevant information; and 17 (C) to address the needs of the unaccom18 panied noncitizen child, including providing ac19 cess to health care and enrolling the child in an 20 educational institution. 21 (4) Legal protections available to unaccom22 panied noncitizen children and the procedures for re23 questing such protections. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 283 •HR 1177 IH 1 (5) Legal resources available to unaccompanied 2 noncitizen children and lists of potential legal serv3 ices providers. 4 (6) The importance of reporting potential child 5 traffickers and other persons seeking to victimize or 6 exploit unaccompanied noncitizen children, or other7 wise engage such unaccompanied noncitizen children 8 in criminal, harmful, or dangerous activity. 9 (7) Any other subject the Secretary of Health 10 and Human Services or the Attorney General con11 siders necessary and appropriate. 12 SEC. 4203. FUNDING TO SCHOOL DISTRICTS FOR UNACCOM13 PANIED NONCITIZEN CHILDREN. 14 (a) GRANTS AUTHORIZED.—The Secretary of Edu15 cation shall award grants, on a competitive basis, to eligi16 ble local educational agencies or consortia of neighboring 17 local educational agencies described in subsection (b), to 18 enable the local educational agencies or consortia to en19 hance opportunities for, and provide services to, immi20 grant children, including unaccompanied noncitizen chil21 dren, in the area served by the local educational agencies 22 or consortia. 23 (b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 24 (1) IN GENERAL.—A local educational agency 25 or a consortium of neighboring local educational VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 284 •HR 1177 IH 1 agencies is eligible for a grant under subsection (a) 2 if, during the fiscal year for which a grant is award3 ed under this section, there are 50 or more unac4 companied noncitizen children enrolled in the public 5 schools served by the local educational agency or the 6 consortium. 7 (2) DETERMINATIONS OF NUMBER OF UNAC8 COMPANIED NONCITIZEN CHILDREN.—The Secretary 9 of Education shall determine the number of unac10 companied noncitizen children for purposes of para11 graph (1) based on the most accurate data available 12 that is provided to the Secretary of Education by the 13 Director of the Office of Refugee Resettlement or 14 the Department of Homeland Security. 15 (c) APPLICATIONS.—A local educational agency or a 16 consortia of neighboring local educational agencies desir17 ing a grant under this section shall submit an application 18 to the Secretary of Education at such time, in such man19 ner, and containing such information as the Secretary of 20 Education may require, including a description of how the 21 grant will be used to enhance opportunities for, and pro22 vide services to, immigrant children and youth (including 23 unaccompanied noncitizen children) and their families. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 285 •HR 1177 IH 1 SEC. 4204. SCHOOL ENROLLMENT. 2 To be eligible for funding under the Elementary and 3 Secondary Education Act of 1965 (20 U.S.C. 6301 et 4 seq.), a local educational agency shall take measures— 5 (1) to ensure that an unaccompanied noncitizen 6 child in the area served by the local educational 7 agency is enrolled in school not later than 7 days 8 after the date on which a request for enrollment is 9 made; and 10 (2) to remove barriers to enrollment and full 11 participation in educational programs and services 12 offered by the local educational agency for unaccom13 panied noncitizen children (including barriers related 14 to documentation, age, and language), which shall 15 include reviewing and revising policies that may have 16 a negative effect on unaccompanied noncitizen chil17 dren. 18 Subtitle C—Admission and Protec19 tion of Refugees, Asylum Seek20 ers, and Other Vulnerable Indi21 viduals 22 SEC. 4301. ELIMINATION OF TIME LIMITS ON ASYLUM AP23 PLICATIONS. 24 Section 208(a)(2) of the Immigration and Nationality 25 Act (8 U.S.C. 1158(a)(2)) is amended— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 286 •HR 1177 IH 1 (1) in subparagraph (A), by inserting ‘‘or the 2 Secretary’’ after ‘‘Attorney General’’ each place it 3 appears; 4 (2) by striking subparagraphs (B) and (D); 5 (3) by redesignating subparagraph (C) as sub6 paragraph (B); 7 (4) in subparagraph (B), as redesignated, by 8 striking ‘‘subparagraph (D)’’ and inserting ‘‘sub9 paragraphs (C) and (D)’’; and 10 (5) by inserting after subparagraph (B), as re11 designated, the following: 12 ‘‘(C) CHANGED CIRCUMSTANCES.—Not13 withstanding subparagraph (B), an application 14 for asylum of a noncitizen may be considered if 15 the noncitizen demonstrates, to the satisfaction 16 of the Attorney General or the Secretary, the 17 existence of changed circumstances that materi18 ally affect the noncitizen’s eligibility for asylum. 19 ‘‘(D) MOTION TO REOPEN CERTAIN MERI20 TORIOUS CLAIMS.—Notwithstanding subpara21 graph (B) of section 240(c)(7), during the 2- 22 year period beginning on the date of the enact23 ment of this Act, a noncitizen may file a motion 24 to reopen an asylum claim or a motion to reVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 287 •HR 1177 IH 1 open removal proceedings to reapply for asylum 2 as relief from removal if the noncitizen— 3 ‘‘(i) was denied asylum based solely 4 on a failure to meet the 1-year application 5 filing deadline in effect on the date on 6 which the application was filed; 7 ‘‘(ii) was granted withholding of re8 moval to the noncitizen’s country of na9 tionality (or, in the case of a person having 10 no nationality, to the country of last habit11 ual residence) under section 241(b)(3); 12 ‘‘(iii) has not obtained lawful perma13 nent residence in the United States pursu14 ant to any other provision of law; 15 ‘‘(iv) is not subject to the safe third 16 country exception under subparagraph (A) 17 or to a bar to asylum under subsection 18 (b)(2); and 19 ‘‘(v) was not denied asylum as a mat20 ter of discretion.’’. 21 SEC. 4302. INCREASING ANNUAL NUMERICAL LIMITATION 22 ON U VISAS. 23 Section 214(p) of the Immigration and Nationality 24 Act (8 U.S.C. 1184(p)) is amended in paragraph (2)(A) 25 by striking ‘‘10,000’’ and inserting ‘‘30,000’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 288 •HR 1177 IH 1 SEC. 4303. EMPLOYMENT AUTHORIZATION FOR ASYLUM 2 SEEKERS AND OTHER INDIVIDUALS. 3 (a) ASYLUM SEEKERS.—Section 208(d)(2) of the Im4 migration and Nationality Act (8 U.S.C. 1158(d)(2)) is 5 amended to read as follows: 6 ‘‘(2) EMPLOYMENT AUTHORIZATION.— 7 ‘‘(A) ELIGIBILITY.—The Secretary of 8 Homeland Security shall authorize employment 9 for an applicant for asylum who is not in deten10 tion and whose application for asylum has not 11 been determined to be frivolous. 12 ‘‘(B) APPLICATION.— 13 ‘‘(i) IN GENERAL.—An applicant for 14 asylum (unless otherwise eligible for em15 ployment authorization) shall not be grant16 ed employment authorization under this 17 paragraph until the end of a period of days 18 determined by the Secretary of Homeland 19 Security by regulation, but which shall not 20 exceed 180 days, after the filing of the ap21 plication for asylum. 22 ‘‘(ii) DATE OF FILING.—For purposes 23 of this subparagraph, an application for 24 asylum shall be considered to be filed on 25 the date on which the applicant submits 26 the application to the Secretary of HomeVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 289 •HR 1177 IH 1 land Security or the Attorney General, as 2 applicable. 3 ‘‘(C) TERM.—Employment authorization 4 for an applicant for asylum shall be valid until 5 the date on which there is a final denial of the 6 asylum application, including any administra7 tive or judicial review.’’. 8 (b) INDIVIDUALS GRANTED WITHHOLDING OF RE9 MOVAL OR APPLYING FOR WITHHOLDING OF REMOVAL.— 10 Section 241(b)(3) of the Immigration and Nationality Act 11 (8 U.S.C. 1231(b)(3)) is amended by adding at the end 12 the following: 13 ‘‘(D) EMPLOYMENT AUTHORIZATION.— 14 ‘‘(i) IN GENERAL.—The Secretary of 15 Homeland Security shall authorize employ16 ment for a noncitizen who is not in deten17 tion and who has been granted— 18 ‘‘(I) withholding of removal 19 under this paragraph; or 20 ‘‘(II) withholding or deferral of 21 removal under the Convention against 22 Torture and Other Cruel, Inhuman or 23 Degrading Treatment or Punishment, 24 done at New York December 10, 25 1984. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 290 •HR 1177 IH 1 ‘‘(ii) TERM.—Employment authoriza2 tion for a noncitizen described in clause (i) 3 shall be— 4 ‘‘(I) valid for a period of 2 years; 5 and 6 ‘‘(II) renewable for additional 2- 7 year periods for the duration of such 8 withholding or deferral of removal sta9 tus.’’. 10 ‘‘(iii) APPLICANT ELIGIBILITY.— 11 ‘‘(I) IN GENERAL.—The Sec12 retary of Homeland Security shall au13 thorize employment for a noncitizen 14 who is not in detention, and whose ap15 plication for withholding of removal 16 under this paragraph or withholding 17 or deferral of removal under the Con18 vention against Torture and Other 19 Cruel, Inhuman or Degrading Treat20 ment or Punishment, done at New 21 York December 10, 1984, has not 22 been determined to be frivolous. 23 ‘‘(II) APPLICATION.— 24 ‘‘(aa) IN GENERAL.—A non25 citizen described in subclause (I) VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 291 •HR 1177 IH 1 shall not be granted employment 2 authorization under this clause 3 until the end of a period of days 4 determined by the Secretary of 5 Homeland Security by regulation, 6 but which shall not exceed 180 7 days, after the filing of an appli8 cation described in such sub9 clause. 10 ‘‘(bb) DATE OF FILING.— 11 For purposes of this clause, an 12 application under subclause (I) 13 shall be considered to be filed on 14 the date on which the applicant 15 submits the application to the At16 torney General. 17 ‘‘(III) TERM.—Employment au18 thorization for a noncitizen described 19 in subclause (I) shall be valid until 20 the date on which there is a final de21 nial of the application under subclause 22 (I), including any administrative or 23 judicial review.’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 292 •HR 1177 IH 1 SEC. 4304. ENHANCED PROTECTION FOR INDIVIDUALS 2 SEEKING T VISAS, U VISAS, AND PROTECTION 3 UNDER VAWA. 4 (a) EMPLOYMENT AUTHORIZATION FOR T VISA AP5 PLICANTS.—Section 214(o) (8 U.S.C. 1184(o)) is amend6 ed by adding at the end the following: 7 ‘‘(8) Notwithstanding any provision of this Act 8 relating to eligibility for employment in the United 9 States, the Secretary of Homeland Security shall 10 grant employment authorization to a noncitizen who 11 has filed a nonfrivolous application for non12 immigrant status under section 101(a)(15)(T), 13 which authorization shall begin on the date that is 14 the earlier of— 15 ‘‘(A) the date on which the noncitizen’s ap16 plication for such status is approved; or 17 ‘‘(B) a date determined by the Secretary 18 that is not later than 180 days after the date 19 on which the noncitizen filed the application.’’. 20 (b) INCREASED ACCESSIBILITY AND EMPLOYMENT 21 AUTHORIZATION FOR U VISA APPLICANTS.—Section 22 214(p) of the Immigration and Nationality Act (8 U.S.C. 23 1184(p)) is amended— 24 (1) in paragraph (6), by striking the last sen25 tence; and 26 (2) by adding at the end the following: VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 293 •HR 1177 IH 1 ‘‘(8) EMPLOYMENT AUTHORIZATION.—Notwith2 standing any provision of this Act relating to eligi3 bility for employment in the United States, the Sec4 retary of Homeland Security shall grant employment 5 authorization to a noncitizen who has filed an appli6 cation for nonimmigrant status under section 7 101(a)(15)(U), which authorization shall begin on 8 the date that is the earlier of— 9 ‘‘(A) the date on which the noncitizen’s pe10 tition for such status is approved; or 11 ‘‘(B) a date determined by the Secretary 12 that is not later than 180 days after the date 13 on which the noncitizen filed the petition.’’. 14 (c) PROHIBITION ON REMOVAL OF CERTAIN VICTIMS 15 WITH PENDING PETITIONS AND APPLICATIONS.— 16 (1) IN GENERAL.—Section 240 of the Immigra17 tion and Nationality Act (8 U.S.C. 1229a) is amend18 ed— 19 (A) by redesignating subsection (e) as sub20 section (f); and 21 (B) by inserting after subsection (d) the 22 following: 23 ‘‘(e) PROHIBITION ON REMOVAL OF CERTAIN VIC24 TIMS WITH PENDING PETITIONS AND APPLICATIONS.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 294 •HR 1177 IH 1 ‘‘(1) IN GENERAL.—A noncitizen described in 2 paragraph (2) shall not be removed from the United 3 States under this section or any other provision of 4 law until the date on which there is a final denial 5 of the noncitizen’s application for status, including 6 any administrative or judicial review. 7 ‘‘(2) NONCITIZENS DESCRIBED.—A noncitizen 8 described in this paragraph is a noncitizen who— 9 ‘‘(A) has a pending nonfrivolous applica10 tion or petition under— 11 ‘‘(i) subparagraph (T) or (U) of sec12 tion 101(a)(15); 13 ‘‘(ii) section 106; 14 ‘‘(iii) section 240A(b)(2); or 15 ‘‘(iv) section 244(a)(3) (as in effect on 16 March 31, 1997); or 17 ‘‘(B) is a VAWA self-petitioner, as defined 18 in section 101(a)(51), and has a pending appli19 cation for relief under a provision referred to in 20 any of subparagraphs (A) through (G) of such 21 section.’’. 22 (2) CONFORMING AMENDMENT.—Section 23 240(b)(7) of the Immigration and Nationality Act (8 24 U.S.C. 1229a(b)(7)) is amended by striking ‘‘sub25 section (e)(1)’’ and inserting ‘‘subsection (f)(1)’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 295 •HR 1177 IH 1 (d) PROHIBITION ON DETENTION OF CERTAIN VIC2 TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 3 Section 236 of the Immigration and Nationality Act (8 4 U.S.C. 1226) is amended by adding at the end the fol5 lowing: 6 ‘‘(f) DETENTION OF CERTAIN VICTIMS WITH PEND7 ING PETITIONS AND APPLICATIONS.— 8 ‘‘(1) PRESUMPTION OF RELEASE.— 9 ‘‘(A) IN GENERAL.—Notwithstanding any 10 other provision of this Act, there shall be a pre11 sumption that a noncitizen described in para12 graph (2) should be released from detention. 13 ‘‘(B) REBUTTAL.—The Secretary of 14 Homeland Security may rebut the presumption 15 of release based on clear and convincing evi16 dence, including credible and individualized in17 formation, that— 18 ‘‘(i) the use of alternatives to deten19 tion will not reasonably ensure the appear20 ance of the noncitizen at removal pro21 ceedings; or 22 ‘‘(ii) the noncitizen is a threat to an23 other person or the community. 24 ‘‘(C) PENDING CRIMINAL CHARGE.—A 25 pending criminal charge against a noncitizen VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 296 •HR 1177 IH 1 may not be the sole factor to justify the contin2 ued detention of the noncitizen. 3 ‘‘(2) NONCITIZEN DESCRIBED.—A noncitizen 4 described in this paragraph is a noncitizen who— 5 ‘‘(A) has a pending application, which has 6 not been found to be frivolous, under— 7 ‘‘(i) subparagraph (T) or (U) of sec8 tion 101(a)(15); 9 ‘‘(ii) section 106; 10 ‘‘(iii) section 240A(b)(2); or 11 ‘‘(iv) section 244(a)(3) (as in effect on 12 March 31, 1997); or 13 ‘‘(B) is a VAWA self-petitioner, as defined 14 in section 101(a)(51), has a pending petition 15 for relief, and can demonstrate prima facie eli16 gibility under a provision referred to in any of 17 subparagraphs (A) through (G) of such sec18 tion.’’. 19 SEC. 4305. ALTERNATIVES TO DETENTION. 20 Section 236 of the Immigration and Nationality Act 21 (8 U.S.C. 1226), as amended by section 4304, is further 22 amended by adding at the end the following: 23 ‘‘(g) ALTERNATIVES TO DETENTION.— 24 ‘‘(1) IN GENERAL.—The Secretary of Homeland 25 Security shall establish programs that provide alterVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 297 •HR 1177 IH 1 natives to detaining noncitizens, which shall offer a 2 continuum of supervision mechanisms and options, 3 including community-based supervision programs 4 and community support. 5 ‘‘(2) CONTRACTS WITH NONGOVERNMENTAL 6 ORGANIZATIONS.—The Secretary of Homeland Secu7 rity may contract with nongovernmental community8 based organizations to provide services for programs 9 under paragraph (1), including case management 10 services, appearance assistance services, and screen11 ing of detained noncitizens.’’. 12 SEC. 4306. NOTIFICATION OF PROCEEDINGS. 13 (a) WRITTEN RECORD OF ADDRESS.—Section 239(a) 14 of the Immigration and Nationality Act (8 U.S.C. 15 1229(a)) is amended— 16 (1) in paragraph (1)(F), by inserting ‘‘the Sec17 retary of Homeland Security or’’ before ‘‘the Attor18 ney General’’ each place such term appears; and 19 (2) in paragraph (2)(A) by striking ‘‘the noncit20 izen or to the noncitizen’s counsel of record’’ and in21 serting ‘‘the noncitizen and to the noncitizen’s coun22 sel of record’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 298 •HR 1177 IH 1 SEC. 4307. CONVERSION OF CERTAIN PETITIONS. 2 Section 2 of Public Law 110–242 (8 U.S.C. 1101 3 note) is amended by striking subsection (b) and inserting 4 the following: 5 ‘‘(b) DURATION.—The authority under subsection (a) 6 shall expire on the date on which the numerical limitation 7 specified under section 1244(c) of the National Defense 8 Authorization Act for Fiscal Year 2008 (Public Law 110– 9 181; 8 U.S.C. 1157 note) is reached.’’. 10 SEC. 4308. IMPROVEMENTS TO APPLICATION PROCESS FOR 11 AFGHAN SPECIAL IMMIGRANT VISAS. 12 Subsection (b) of section 602 of the Afghan Allies 13 Protection Act of 2009 (8 U.S.C. 1101 note) is amend14 ed— 15 (1) in paragraph (2)(A)(ii), by inserting ‘‘for 16 the first time’’ after ‘‘September 30, 2015’’; and 17 (2) in paragraph (4)(A) by inserting ‘‘, includ18 ing Chief of Mission approval,’’ after ‘‘so that all 19 steps’’. 20 SEC. 4309. SPECIAL IMMIGRANT STATUS FOR CERTAIN SUR21 VIVING SPOUSES AND CHILDREN. 22 (a) IN GENERAL.—Section 101(a)(27)(D) of the Im23 migration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) 24 is amended— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 299 •HR 1177 IH 1 (1) by striking ‘‘an immigrant who is an em2 ployee’’ and inserting the following: ‘‘an immigrant 3 who— 4 ‘‘(i) is an employee’’; and 5 (2) by striking ‘‘grant such status;’’ and insert6 ing the following: ‘‘grant such status; or 7 ‘‘(ii) is the surviving spouse or child 8 of an employee of the United States Gov9 ernment abroad: Provided, That the em10 ployee performed faithful service for a total 11 of not less than 15 years or was killed in 12 the line of duty;’’. 13 (b) SPECIAL IMMIGRANT STATUS FOR SURVIVING 14 SPOUSES AND CHILDREN.— 15 (1) IN GENERAL.—Section 602(b)(2)(C) of the 16 Afghan Allies Protection Act of 2009 (8 U.S.C. 17 1101 note) is amended— 18 (A) in clause (ii), by redesignating sub19 clauses (I) and (II) as items (aa) and (bb), re20 spectively; 21 (B) by redesignating clauses (i) and (ii) as 22 subclauses (I) and (II), respectively, and mov23 ing such subclauses 2 ems to the right; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 300 •HR 1177 IH 1 (C) in the matter preceding subclause (I), 2 as redesignated, by striking ‘‘An alien is de3 scribed’’ and inserting the following: 4 ‘‘(i) IN GENERAL.—A noncitizen is de5 scribed’’; 6 (D) in clause (i)(I), as redesignated, by 7 striking ‘‘who had a petition for classification 8 approved’’ and inserting ‘‘who had submitted 9 an application to the Chief of Mission’’; and 10 (E) by adding at the end the following: 11 ‘‘(ii) EMPLOYMENT REQUIREMENTS.— 12 An application by a surviving spouse or 13 child of a principal noncitizen shall be sub14 ject to employment requirements set forth 15 in subparagraph (A) as of the date of the 16 principal noncitizen’s filing of an applica17 tion for the first time, or if no application 18 has been filed, the employment require19 ments as of the date of the principal non20 citizen’s death.’’. 21 (2) CONFORMING AMENDMENTS.—Section 602 22 of the Afghan Allies Protection Act of 2009 (8 23 U.S.C. 1101 note) is amended— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 301 •HR 1177 IH 1 (A) in the paragraph and subparagraph 2 headings, by striking ‘‘ALIENS’’ each place it 3 appears and inserting ‘‘NONCITIZENS’’; 4 (B) by striking ‘‘an alien’’ each place it ap5 pears and inserting ‘‘a noncitizen’’; 6 (C) by striking ‘‘An alien’’ each place it 7 appears and inserting ‘‘A noncitizen’’; 8 (D) by striking ‘‘alien’’ each place it ap9 pears and inserting ‘‘noncitizen’’; 10 (E) by striking ‘‘aliens’’ each place it ap11 pears and inserting ‘‘noncitizens’’; and 12 (F) by striking ‘‘alien’s’’ each place it ap13 pears and inserting ‘‘noncitizen’s’’. 14 (c) SPECIAL IMMIGRANT STATUS FOR CERTAIN 15 IRAQIS.— 16 (1) IN GENERAL.—Section 1244(b)(3) of the 17 Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 18 note) is amended— 19 (A) by striking ‘‘described in subsection 20 (b)’’ and inserting ‘‘in this subsection’’; 21 (B) in subparagraph (B), by redesignating 22 clauses (i) and (ii) as subclauses (I) and (II), 23 respectively, and moving such subclauses 2 ems 24 to the right; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 302 •HR 1177 IH 1 (C) by redesignating subparagraphs (A) 2 and (B) as clauses (i) and (ii), respectively, and 3 moving such clauses 2 ems to the right; 4 (D) in the matter preceding clause (i), as 5 redesignated, by striking ‘‘An alien is de6 scribed’’ and inserting the following: 7 ‘‘(A) IN GENERAL.—A noncitizen is de8 scribed’’; 9 (E) in subparagraph (A)(i), as redesig10 nated, by striking ‘‘who had a petition for clas11 sification approved’’ and inserting ‘‘who sub12 mitted an application to the Chief of Mission’’; 13 and 14 (F) by adding at the end the following: 15 ‘‘(B) EMPLOYMENT REQUIREMENTS.—An 16 application by a surviving spouse or child of a 17 principal noncitizen shall be subject to employ18 ment requirements set forth in paragraph (1) 19 as of the date of the principal noncitizen’s filing 20 of an application for the first time, or if the 21 principal noncitizen did not file an application, 22 the employment requirements as of the date of 23 the principal noncitizen’s death.’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 303 •HR 1177 IH 1 (2) CONFORMING AMENDMENTS.—The Refugee 2 Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is 3 amended by— 4 (A) in the subsection headings, by striking 5 ‘‘ALIENS’’ each place it appears and inserting 6 ‘‘NONCITIZENS’’; 7 (B) in the paragraph headings, by striking 8 ‘‘ALIENS’’ each place it appears and inserting 9 ‘‘NONCITIZENS’’; 10 (C) by striking ‘‘an alien’’ each place it ap11 pears and inserting ‘‘a noncitizen’’; 12 (D) by striking ‘‘An alien’’ each place it 13 appears and inserting ‘‘A noncitizen’’; 14 (E) by striking ‘‘alien’’ each place it ap15 pears and inserting ‘‘noncitizen’’; 16 (F) by striking ‘‘aliens’’ each place it ap17 pears and inserting ‘‘noncitizens’’; and 18 (G) by striking ‘‘alien’s’’ each place it ap19 pears and inserting ‘‘noncitizen’s’’. 20 (d) EFFECTIVE DATE.—The amendments made by 21 this section shall be effective on the date of the enactment 22 of this Act and shall have retroactive effect. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 304 •HR 1177 IH 1 SEC. 4310. SPECIAL IMMIGRANT STATUS FOR CERTAIN SYR2 IANS WHO WORKED FOR THE UNITED STATES 3 GOVERNMENT IN SYRIA. 4 (a) IN GENERAL.—Subject to subsection (c)(1), for 5 purposes of the Immigration and Nationality Act (8 6 U.S.C. 1101 et seq.), the Secretary may provide any non7 citizen described in subsection (b) with the status of a spe8 cial immigrant under section 101(a)(27) of that Act (8 9 U.S.C. 1101(a)(27)) if— 10 (1) the noncitizen, or an agent acting on behalf 11 of the noncitizen, submits a petition to the Secretary 12 under section 204 of that Act (8 U.S.C. 1154) for 13 classification under section 203(b)(4) of that Act (8 14 U.S.C. 1153(b)(4)); 15 (2) the noncitizen is otherwise eligible to receive 16 an immigrant visa; 17 (3) the noncitizen is otherwise admissible to the 18 United States for permanent residence (excluding 19 the grounds for inadmissibility specified in section 20 212(a)(4) of that Act (8 U.S.C. 1182(a)(4))), except 21 that an applicant for admission to the United States 22 under this section may not be considered inadmis23 sible based solely on membership in, participation in, 24 or support provided to, the Syrian Democratic 25 Forces or other partner organizations, as determined 26 by the Secretary of Defense; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 305 •HR 1177 IH 1 (4) the noncitizen clears a background check 2 and appropriate screening, as determined by the 3 Secretary. 4 (b) NONCITIZENS DESCRIBED.—A noncitizen de5 scribed in this subsection is a noncitizen who— 6 (1)(A) is a citizen or national of Syria or a 7 stateless person who has habitually resided in Syria; 8 (B) was employed by or on behalf of (including 9 under a contract, cooperative agreement or grant 10 with) the United States Government in Syria, for a 11 period of not less than 1 year beginning on January 12 1, 2014; and 13 (C) obtained a favorable written recommenda14 tion from a U.S. citizen supervisor who was in the 15 chain of command of the United States Armed 16 Forces unit or U.S. Government entity that was 17 supported by the noncitizen; or 18 (2)(A) is the spouse or a child of a principal 19 noncitizen described in paragraph (1); and 20 (B)(i) is following or accompanying to join the 21 principal noncitizen in the United States; or 22 (ii) due to the death of the principal noncitizen, 23 a petition to follow or accompany to join the prin24 cipal noncitizen in the United States— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 306 •HR 1177 IH 1 (I) was or would be revoked, terminated, 2 or otherwise rendered null; and 3 (II) would have been approved if the prin4 cipal noncitizen had survived. 5 (c) NUMERICAL LIMITATIONS.— 6 (1) IN GENERAL.—Except as otherwise pro7 vided in this subsection, the total number of prin8 cipal noncitizens who may be provided special immi9 grant status under this section may not exceed 10 5,000 in any of the first 5 fiscal years beginning 11 after the date of the enactment of this Act. 12 (2) EXEMPTION FROM NUMERICAL LIMITA13 TIONS.—Noncitizens provided special immigrant sta14 tus under this section shall not be counted against 15 any numerical limitation under section 201(d), 16 202(a), or 203(b)(4) of the Immigration and Na17 tionality Act (8 U.S.C. 1151(d), 1152(a), and 18 1153(b)(4)). 19 (3) CARRY FORWARD.—If the numerical limita20 tion set forth in paragraph (1) is not reached during 21 a fiscal year, the numerical limitation under such 22 paragraph for the following fiscal year shall be in23 creased by a number equal to the difference be24 tween— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 307 •HR 1177 IH 1 (A) the number of visas authorized under 2 paragraph (1) for such fiscal year; and 3 (B) the number of principal noncitizens 4 provided special immigrant status under this 5 section during such fiscal year. 6 (d) VISA FEES AND TRAVEL DOCUMENT 7 ISSUANCE.— 8 (1) IN GENERAL.—A noncitizen described in 9 subsection (b) may not be charged any fee in con10 nection with an application for, or the issuance of, 11 a special immigrant visa under this section. 12 (2) The Secretary of State shall ensure that a 13 noncitizen who is issued a special immigrant visa 14 under this section is provided with an appropriate 15 travel document necessary for admission to the 16 United States. 17 (e) PROTECTION OF NONCITIZENS.—The Secretary 18 of State, in consultation with the head of any other appro19 priate Federal agency, shall make a reasonable effort to 20 provide protection to each noncitizen described in sub21 section (b) who is seeking special immigrant status under 22 this section or to immediately remove such noncitizen from 23 Syria, if possible, if the Secretary of State determines, 24 after consultation, that such noncitizen is in imminent 25 danger. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 308 •HR 1177 IH 1 (f) APPLICATION PROCESS.— 2 (1) REPRESENTATION.—A noncitizen applying 3 for admission to the United States as a special im4 migrant under this section may be represented dur5 ing the application process, including for relevant 6 interviews and examinations, by an attorney or other 7 accredited representative. Such representation shall 8 not be at the expense of the United States Govern9 ment. 10 (2) COMPLETION.— 11 (A) IN GENERAL.—The Secretary of State 12 and the Secretary, in consultation with the Sec13 retary of Defense, shall ensure that applications 14 for special immigrant visas under this section 15 are processed in such a manner so as to ensure 16 that all steps under the control of the respective 17 departments incidental to the issuance of such 18 visas, including required screenings and back19 ground checks, are completed not later than 20 270 days after the date on which an eligible 21 noncitizen submits all required materials to 22 apply for such visa. 23 (B) RULE OF CONSTRUCTION.—Notwith24 standing subparagraph (A), the Secretary of 25 State, the Secretary, or the Secretary of DeVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 309 •HR 1177 IH 1 fense may take longer than 270 days to com2 plete the steps incidental to issuing a visa under 3 this section if the Secretary of State, the Sec4 retary, or the Secretary of Defense, or a des5 ignee— 6 (i) determines that the satisfaction of 7 national security concerns requires addi8 tional time; and 9 (ii) notifies the applicant of such de10 termination. 11 (3) APPEAL.—A noncitizen whose petition for 12 status as a special immigrant is rejected or re13 voked— 14 (A) shall receive a written decision that 15 provides, to the maximum extent feasible, infor16 mation describing the basis for the denial, in17 cluding the facts and inferences underlying the 18 individual determination; and 19 (B) shall be provided not more than 1 20 written appeal per rejection or denial, which— 21 (i) shall be submitted to the authority 22 that issued the denial not more than 120 23 days after the date on which the applicant 24 receives a decision pursuant to subpara25 graph (A); VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 310 •HR 1177 IH 1 (ii) may request the reopening of such 2 decision; and 3 (iii) shall provide additional informa4 tion, clarify existing information, or ex5 plain any unfavorable information. 6 (g) ELIGIBILITY FOR OTHER IMMIGRANT CLASSI7 FICATION.—A noncitizen may not be denied the oppor8 tunity to apply for admission under this section solely be9 cause such noncitizen— 10 (1) qualifies as an immediate relative of a cit11 izen of the United States; or 12 (2) is eligible for admission to the United 13 States under any other immigrant classification. 14 (h) PROCESSING MECHANISMS.—The Secretary of 15 State shall use existing refugee processing mechanisms in 16 Iraq and in other countries, as appropriate, in the region 17 in which noncitizens described in subsection (b) may apply 18 and interview for admission to the United States as special 19 immigrants. 20 (i) RESETTLEMENT SUPPORT.—A noncitizen who is 21 granted special immigrant status under this section shall 22 be eligible for the same resettlement assistance, entitle23 ment programs, and other benefits as are available to refu24 gees admitted under section 207 of the Immigration and 25 Nationality Act (8 U.S.C. 1157). VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 311 •HR 1177 IH 1 (j) AUTHORITY TO CARRY OUT ADMINISTRATIVE 2 MEASURES.—The Secretary, the Secretary of State, and 3 the Secretary of Defense shall implement any additional 4 administrative measures they consider necessary and ap5 propriate— 6 (1) to ensure the prompt processing of applica7 tions under this section; 8 (2) to preserve the integrity of the program es9 tablished under this section; and 10 (3) to protect the national security interests of 11 the United States related to such program. 12 (k) REPORT TO CONGRESS.— 13 (1) IN GENERAL.—Not later than January 30 14 each year, the Inspector General of the Department 15 of State shall submit a report on the implementation 16 of the Syrian special immigrant status program 17 under this section for the preceding calendar year 18 to— 19 (A) the Committee on the Judiciary, the 20 Committee on Foreign Relations, and the Com21 mittee on Armed Services of the Senate; and 22 (B) the Committee on the Judiciary, the 23 Committee on Foreign Affairs, and the Com24 mittee on Armed Services of the House of Rep25 resentatives. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 312 •HR 1177 IH 1 (2) ELEMENTS.—Each report required by para2 graph (1) shall include, for the applicable calendar 3 year, the following: 4 (A) The number of petitions filed under 5 such program. 6 (B) The number of such petitions pending 7 adjudication. 8 (C) The number of such petitions pending 9 visa interview. 10 (D) The number of such petitions pending 11 security checks. 12 (E) The number of such petitions that 13 were denied. 14 (F) The number of cases under such pro15 gram that have exceeded the mandated proc16 essing time and relevant case numbers. 17 (G) A description of any obstacle discov18 ered that would hinder effective implementation 19 of such program. 20 (3) CONSULTATION.—In preparing a report 21 under subsection (a), the Inspector General shall 22 consult with— 23 (A) the Department of State, Bureau of 24 Consular Affairs, Visa Office; VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 313 •HR 1177 IH 1 (B) the Department of State, Bureau of 2 Near Eastern Affairs and South and Central 3 Asian Affairs, Executive Office; 4 (C) the Department of Homeland Security, 5 U.S. Citizenship and Immigration Services; 6 (D) the Department of Defense; and 7 (E) nongovernmental organizations pro8 viding legal aid in the special immigrant visa 9 application process. 10 (4) FORM.—Each report required by paragraph 11 (1) shall be submitted in unclassified form, but may 12 include a classified annex. 13 (5) PUBLICATION.—Each report submitted 14 under this subsection shall be made available to the 15 public on the internet website of the Department of 16 State. 17 (l) RULEMAKING.—Not later than 90 days after the 18 date of the enactment of this Act, the Secretary, in con19 sultation with the Secretary of Defense and the Secretary 20 of State, shall promulgate regulations to carry out this 21 section, including establishing requirements for back22 ground checks. 23 (m) SAVINGS PROVISION.—Nothing in this section 24 may be construed to affect the authority of the Secretary 25 under section 1059 of the National Defense Authorization VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 314 •HR 1177 IH 1 Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 2 1101 note). 3 SEC. 4311. AUTHORIZATION OF APPROPRIATIONS. 4 There are authorized to be appropriated such sums 5 as may be necessary to carry out this subtitle and the 6 amendments made by this subtitle, including, in addition 7 to annual funds derived from fee accounts of U.S. Citizen8 ship and Immigration Services, such sums as may be nec9 essary to reduce the backlog of asylum applications to the 10 Refugee, Asylum and International Operations Direc11 torate. 12 TITLE V—EMPLOYMENT AU13 THORIZATION AND PRO14 TECTING WORKERS FROM EX15 PLOITATION 16 SEC. 5101. COMMISSION ON EMPLOYMENT AUTHORIZA17 TION. 18 (a) ESTABLISHMENT.—Not later than the date that 19 is 180 days after the date of the enactment of this Act, 20 the President, in conjunction with the President pro tem21 pore of the Senate and the Speaker of the House of Rep22 resentatives, shall establish the Employment Authoriza23 tion Commission (referred to in this section as the ‘‘Com24 mission’’). 25 (b) COMPOSITION.— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 315 •HR 1177 IH 1 (1) IN GENERAL.—The Commission shall be 2 composed of 10 members, of whom— 3 (A) 6 members shall be appointed by the 4 President and shall include representatives of 5 the employer, labor, and civil rights commu6 nities; 7 (B) 2 members shall be appointed by the 8 President pro tempore of the Senate, of 9 whom— 10 (i) 1 shall be appointed upon the rec11 ommendation of the leader in the Senate to 12 represent the interests of employees who 13 experience discrimination in the course of 14 their employer or potential employer’s 15 verification of their employment authoriza16 tion; and 17 (ii) 1 shall be appointed upon the rec18 ommendation of the leader in the Senate to 19 represent the interests of employers; and 20 (C) 2 members shall be appointed by the 21 Speaker of the House of Representatives, of 22 whom— 23 (i) 1 shall be appointed upon the rec24 ommendation of the leader in the House of 25 Representatives to represent the interests VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 316 •HR 1177 IH 1 of employees who experience discrimination 2 in the course of their employer or potential 3 employer’s verification of their employment 4 authorization; and 5 (ii) 1 shall be appointed upon the rec6 ommendation of the leader in the House of 7 Representatives to represent the interests 8 of employers. 9 (2) QUALIFICATIONS FOR APPOINTMENT.—The 10 members of the Commission shall be distinguished 11 individuals who are noted for their knowledge and 12 experience in the field of employment verification. 13 (3) TIME OF APPOINTMENT.—The appoint14 ments required under paragraph (1) shall be made 15 not later than 180 days after the date of the enact16 ment of this Act. 17 (4) CHAIR.—At the first meeting of the Com18 mission, a majority of the members of the Commis19 sion present and voting, including at least 6 mem20 bers of the Commission, shall elect the Chair of the 21 Commission. 22 (5) VACANCIES.—Any vacancy of the Commis23 sion shall not affect its powers, but shall be filled in 24 the manner in which the original appointment was 25 made. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 317 •HR 1177 IH 1 (6) RULES AND PROCEDURES.— 2 (A) ESTABLISHMENT.—The Commission 3 shall establish the rules and procedures of the 4 Commission, which shall require the approval of 5 at least 6 members of the Commission. 6 (B) RECOMMENDATIONS AND DECI7 SIONS.—All recommendations and decisions of 8 the Commission shall require the approval of at 9 least 6 members of the Commission. Individual 10 members may provide minority or dissenting 11 opinions. 12 (c) DUTIES.— 13 (1) IN GENERAL.—The Commission shall— 14 (A) make recommendations to the Presi15 dent, the Secretary, and Congress regarding 16 policies to verify the eligibility of noncitizens for 17 employment in the United States; 18 (B) evaluate methods for verification of 19 employment eligibility that respect— 20 (i) the rights of employment-author21 ized individuals to work in the United 22 States; and 23 (ii) the freedom from discrimination 24 based on race or national origin of all 25 workers; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 318 •HR 1177 IH 1 (C) review error rates for the E-Verify pro2 gram, including the impact on various popu3 lations by national origin, race, gender, and so4 cioeconomic background. 5 (2) PUBLIC HEARINGS.— 6 (A) IN GENERAL.—The Commission shall 7 convene at least 1 public hearing on verification 8 for employment of foreign nationals in the 9 United States. 10 (B) REPORT.—The Commission shall pro11 vide a summary of each hearing convened pur12 suant to subparagraph (A) to the President, the 13 Secretary, and Congress. 14 (d) ACCESS TO INFORMATION.—The Immigrant and 15 Employee Rights Section of the Department of Justice 16 shall furnish information to the Commission regarding 17 employee complaints, mediations, and investigations in18 volving the employment eligibility verification practices of 19 employers. 20 (e) REPORT.—Not later than 180 days after all mem21 bers of the Commission have been appointed pursuant to 22 subsection (b), the Commission shall submit a report to 23 the President, the Secretary, and Congress that in24 cludes— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 319 •HR 1177 IH 1 (1) specific policy recommendations for achiev2 ing and maintaining the goals specified in subsection 3 (c); 4 (2) recommendations for improvements to exist5 ing employment verification systems, such as the I– 6 9 process and E-Verify, to ensure that workers are 7 not denied employment on the basis of false 8 positives. 9 (f) TRAVEL EXPENSES.—Members of the Commis10 sion shall be allowed travel expenses, including per diem 11 in lieu of subsistence at rates authorized for employees 12 of agencies under subchapter I of chapter 57 of title 5, 13 United States Code, while away from their homes or reg14 ular places of business in the performance of services for 15 the Commission. 16 (g) ADMINISTRATIVE SUPPORT.—The Secretary shall 17 provide the Commission such staff and administrative 18 services as may be necessary and appropriate for the Com19 mission to perform its functions. Any employee of the ex20 ecutive branch of Government may be detailed to the Com21 mission without reimbursement to the agency of that em22 ployee and such detail shall be without interruption or loss 23 of civil service or status or privilege. 24 (h) COMPTROLLER GENERAL REVIEW.—The Comp25 troller General of the United States shall review the recVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 320 •HR 1177 IH 1 ommendations in the report submitted pursuant to sub2 section (e) to determine— 3 (1) which recommendations are most likely to 4 improve existing employment verification systems; 5 and 6 (2) whether such recommendations are feasible 7 within existing budget constraints. 8 (i) TERMINATION.—The Commission shall terminate 9 on the date that is 2 years after the date of the enactment 10 of this Act. 11 SEC. 5102. POWER ACT. 12 (a) PROTECTION FOR VICTIMS OF LABOR AND EM13 PLOYMENT VIOLATIONS.—Section 101(a)(15)(U) of the 14 Immigration and Nationality Act (8 U.S.C. 15 1101(a)(15)(U)) is amended— 16 (1) in clause (i)— 17 (A) by amending subclause (I) to read as 18 follows: 19 ‘‘(I) the noncitizen— 20 ‘‘(aa) has suffered substantial 21 abuse or harm as a result of having 22 been a victim of criminal activity de23 scribed in clause (iii); VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 321 •HR 1177 IH 1 ‘‘(bb) has suffered substantial 2 abuse or harm related to a violation 3 described in clause (iv); 4 ‘‘(cc) is a victim of criminal ac5 tivity described in clause (iii) and 6 would suffer extreme hardship upon 7 removal; or 8 ‘‘(dd) has suffered a violation de9 scribed in clause (iv) and would suffer 10 extreme hardship upon removal;’’; 11 (B) in subclause (II), by inserting ‘‘, or a 12 labor or employment violation resulting in a 13 workplace claim described in clause (iv)’’ before 14 the semicolon at the end; 15 (C) in subclause (III)— 16 (i) by striking ‘‘or State judge, to the 17 Service’’ and inserting ‘‘, State, or local 18 judge, to the Department of Homeland Se19 curity, to the Equal Employment Oppor20 tunity Commission, to the Department of 21 Labor, to the National Labor Relations 22 Board’’; and 23 (ii) by inserting ‘‘, or investigating, 24 prosecuting, or seeking civil remedies for a 25 labor or employment violation related to a VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 322 •HR 1177 IH 1 workplace claim described in clause (iv)’’ 2 before the semicolon at the end; and 3 (D) in subclause (IV)— 4 (i) by inserting ‘‘(aa)’’ after ‘‘(IV)’’; 5 (ii) by inserting ‘‘or’’ after the semi6 colon at the end; and 7 (iii) by adding at the end the fol8 lowing: 9 ‘‘(bb) a workplace claim described in clause 10 (iv) resulted from a labor or employment viola11 tion;’’; 12 (2) in clause (ii)(II), by striking ‘‘and’’ at the 13 end; 14 (3) in clause (iii), by striking ‘‘or’’ at the end 15 and inserting ‘‘and’’; and 16 (4) by adding at the end the following: 17 ‘‘(iv) if the labor or employment violation re18 lated to a workplace claim, the noncitizen— 19 ‘‘(I) has filed, is a material witness in, or 20 is likely to be helpful in the investigation of, a 21 bona fide workplace claim (as defined in section 22 274A(e)(10)(B)(i)(II)); and 23 ‘‘(II) reasonably fears, has been threatened 24 with, or has been the victim of, an action in25 volving force, physical restraint, retaliation, or VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 323 •HR 1177 IH 1 abuse of the immigration or other legal process 2 against the noncitizen or another person by the 3 employer in relation to acts underlying the 4 workplace claim or related to the filing of the 5 workplace claim; or’’. 6 (b) REQUIREMENTS APPLICABLE TO U NON7 IMMIGRANT VISAS.—Section 214(p) of the Immigration 8 and Nationality Act (8 U.S.C. 1184(p)), as amended by 9 section 4304, is further amended— 10 (1) in paragraph (1)— 11 (A) by striking ‘‘The petition’’ and insert12 ing the following: 13 ‘‘(A) IN GENERAL.—The petition’’; 14 (B) by inserting ‘‘or investigating, pros15 ecuting, or seeking civil remedies for workplace 16 claims described in section 101(a)(15)(U)(iv)’’ 17 after ‘‘section 101(a)(15)(U)(iii)’’ each place 18 such term appears; and 19 (C) by adding at the end the following: 20 ‘‘(B) FEES.—A noncitizen petitioning for, 21 or having status under, section 101(a)(15)(U) 22 may not be required to submit any fee (or re23 quest any fee waiver) in connection with such 24 petition or status, including fees associated with VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 324 •HR 1177 IH 1 biometric services or an application for advance 2 permission to enter as a nonimmigrant. 3 ‘‘(C) CONFIDENTIALITY OF INFORMA4 TION.—The Secretary of Homeland Security 5 and the Attorney General may not use the in6 formation furnished pursuant to a petition for 7 status under section 101(a)(15)(U) for pur8 poses of initiating or carrying out a removal 9 proceeding.’’; 10 (2) in paragraph (6)— 11 (A) by inserting ‘‘or workplace claims de12 scribed in section 101(a)(15)(U)(iv)’’ after ‘‘de13 scribed in section 101(a)(15)(U)(iii)’’; and 14 (B) by inserting ‘‘or workplace claim’’ 15 after ‘‘prosecution of such criminal activity’’; 16 and 17 (3) by adding at the end the following: 18 ‘‘(9) TEMPORARY PROTECTION FOR VICTIMS 19 OF CRIME, LABOR, AND EMPLOYMENT VIOLA20 TIONS.—Notwithstanding any other provision of law, 21 the Secretary of Homeland Security may permit a 22 noncitizen to temporarily remain in the United 23 States, and grant such noncitizen employment au24 thorization, if the Secretary determines that the 25 noncitizen— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 325 •HR 1177 IH 1 ‘‘(A) has filed for relief under section 2 101(a)(15)(U); or 3 ‘‘(B)(i) has filed, or is a material witness 4 to, a bona fide workplace claim (as defined in 5 section 274A(e)(10)(B)(i)(II)); and 6 ‘‘(ii) has been helpful, is being helpful, or 7 is likely to be helpful to— 8 ‘‘(I) a Federal, State, or local law en9 forcement official; 10 ‘‘(II) a Federal, State, or local pros11 ecutor; 12 ‘‘(III) a Federal, State, or local judge; 13 ‘‘(IV) the Department of Homeland 14 Security; 15 ‘‘(V) the Equal Employment Oppor16 tunity Commission; 17 ‘‘(VI) the Department of Labor, in18 cluding the Occupational Safety and 19 Health Administration; 20 ‘‘(VII) the National Labor Relations 21 Board; 22 ‘‘(VIII) the head official of a State or 23 local government department of labor, 24 workforce commission, or human relations 25 commission or council; or VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 326 •HR 1177 IH 1 ‘‘(IX) other Federal, State, or local 2 authorities investigating, prosecuting, or 3 seeking civil remedies related to the work4 place claim.’’. 5 (c) REMOVAL PROCEEDINGS.—Section 239(e) of the 6 Immigration and Nationality Act (8 U.S.C. 1229(e)) is 7 amended— 8 (1) in paragraph (1)— 9 (A) by striking ‘‘In cases where’’ and in10 serting ‘‘If’’; and 11 (B) by inserting ‘‘or as a result of informa12 tion provided to the Department of Homeland 13 Security in retaliation against individuals for 14 exercising or attempting to exercise their em15 ployment rights or other legal rights’’ after 16 ‘‘paragraph (2)’’; and 17 (2) in paragraph (2), by adding at the end the 18 following: 19 ‘‘(C) At a facility about which a workplace 20 claim has been filed or is contemporaneously 21 filed.’’. 22 (d) ADJUSTMENT OF STATUS FOR VICTIMS OF 23 CRIMES.—Section 245(m)(1) of the Immigration and Na24 tionality Act (8 U.S.C. 1255(m)(1)) is amended— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 327 •HR 1177 IH 1 (1) in the matter preceding subparagraph (A), 2 by inserting ‘‘The’’ before ‘‘Secretary of Homeland 3 Security’’; and 4 (2) by inserting ‘‘or an investigation or prosecu5 tion regarding a workplace claim’’ after ‘‘prosecu6 tion’’. 7 (e) UNLAWFUL EMPLOYMENT OF NONCITIZENS.— 8 Section 274A(e) of the Immigration and Nationality Act 9 (8 U.S.C. 1324a(e)) is amended by adding at the end the 10 following: 11 ‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— 12 ‘‘(A) DEFINITIONS.—In this paragraph: 13 ‘‘(i) MATERIAL WITNESS.—The term 14 ‘material witness’ means an individual who 15 presents a declaration from an attorney in16 vestigating, prosecuting, or defending the 17 workplace claim or from the presiding offi18 cer overseeing the workplace claim attest19 ing that, to the best of the declarant’s 20 knowledge and belief, reasonable cause ex21 ists to believe that the testimony of the in22 dividual will be relevant to the outcome of 23 the workplace claim. 24 ‘‘(ii) WORKPLACE CLAIM.—The term 25 ‘workplace claim’ means any written or VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 328 •HR 1177 IH 1 oral claim, charge, complaint, or grievance 2 filed with, communicated to, or submitted 3 to the employer, a Federal, State, or local 4 agency or court, or an employee represent5 ative related to the violation of applicable 6 Federal, State, and local labor laws, in7 cluding laws concerning wages and hours, 8 labor relations, family and medical leave, 9 occupational health and safety, civil rights, 10 or nondiscrimination. 11 ‘‘(B) ENFORCEMENT ACTION.—If the Sec12 retary of Homeland Security conducts an en13 forcement action at a facility about which a 14 workplace claim has been filed or is contem15 poraneously filed, or as a result of information 16 provided to the Department of Homeland Secu17 rity in retaliation against employees for exer18 cising their rights related to a workplace claim, 19 the Secretary shall ensure that— 20 ‘‘(i) any noncitizens arrested or de21 tained who are necessary for the investiga22 tion or prosecution of workplace claim vio23 lations or criminal activity (as described in 24 subparagraph (T) or (U) of section VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 329 •HR 1177 IH 1 101(a)(15)) are not removed from the 2 United States until after the Secretary— 3 ‘‘(I) notifies the appropriate law 4 enforcement agency with jurisdiction 5 over such violations or criminal activ6 ity; and 7 ‘‘(II) provides such agency with 8 the opportunity to interview such non9 citizens; and 10 ‘‘(ii) noncitizens entitled to a stay of 11 removal or abeyance of removal pro12 ceedings under this section are not re13 moved. 14 ‘‘(C) PROTECTIONS FOR VICTIMS OF 15 CRIME, LABOR, AND EMPLOYMENT VIOLA16 TIONS.— 17 ‘‘(i) STAY OF REMOVAL OR ABEYANCE 18 OF REMOVAL PROCEEDINGS.—Any noncit19 izen against whom removal proceedings 20 have been initiated under chapter 4 of title 21 II, who has filed a workplace claim, who is 22 a material witness in any pending or an23 ticipated proceeding involving a bona fide 24 workplace claim, or who has filed for relief 25 under section 101(a)(15)(U), shall be entiVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 330 •HR 1177 IH 1 tled to a stay of removal or an abeyance of 2 removal proceedings and to employment 3 authorization until the later of the resolu4 tion of the workplace claim or the denial of 5 relief under section 101(a)(15)(U) after 6 exhaustion of administrative appeals unless 7 the Secretary establishes, by a preponder8 ance of the evidence in proceedings before 9 the immigration judge presiding over such 10 noncitizen’s removal hearing, that— 11 ‘‘(I) the noncitizen has been con12 victed of a felony or; 13 ‘‘(II) the workplace claim was 14 filed in bad faith with the intent to 15 delay or avoid the noncitizen’s re16 moval. 17 ‘‘(ii) DURATION.—Any stay of re18 moval or abeyance of removal proceedings 19 and employment authorization issued pur20 suant to clause (i)— 21 ‘‘(I) shall remain valid until the 22 resolution of the workplace claim or 23 the denial of relief under section 24 101(a)(15)(U) after the exhaustion of 25 administrative appeals; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 331 •HR 1177 IH 1 ‘‘(II) shall be extended by the 2 Secretary of Homeland Security for a 3 period not to exceed 10 additional 4 years upon determining that— 5 ‘‘(aa) such relief would en6 able the noncitizen asserting a 7 workplace claim to pursue the 8 claim to resolution; 9 ‘‘(bb) the deterrent goals of 10 any statute underlying a work11 place claim would be served; or 12 ‘‘(cc) such extension would 13 otherwise further the interests of 14 justice.’’. 15 (f) CHANGE OF NONIMMIGRANT CLASSIFICATION.— 16 Section 384(a)(1) of the Illegal Immigration Reform and 17 Immigrant Responsibility Act of 1996 (8 U.S.C. 18 1367(a)(1)) is amended— 19 (1) in subparagraph (E), by striking ‘‘physical 20 or mental abuse and the criminal activity,’’ and in21 serting ‘‘abuse and the criminal activity or work22 place claim;’’; 23 (2) in subparagraph (F), by striking the comma 24 at the end and inserting ‘‘; or’’; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 332 •HR 1177 IH 1 (3) by inserting after subparagraph (F) the fol2 lowing: 3 ‘‘(G) the noncitizen’s employer,’’. 4 SEC. 5103. ADDITIONAL CIVIL PENALTY. 5 Section 274A of the Immigration and Nationality Act 6 (8 U.S.C. 1324a) is amended— 7 (1) in subsection (a)— 8 (A) by redesignating paragraph (7) as 9 paragraph (8); and 10 (B) by inserting after paragraph (6) the 11 following: 12 ‘‘(7) ADDITIONAL CIVIL PENALTIES.—An em13 ployer is subject to an additional civil penalty under 14 subsection (e)(12) if— 15 ‘‘(A) the employer engages in a civil viola16 tion of Federal, State, or local labor laws, in17 cluding— 18 ‘‘(i) laws concerning wages and hours, 19 labor relations, family and medical leave, 20 occupational health and safety, civil rights, 21 or nondiscrimination; and 22 ‘‘(ii) a finding by the agency enforcing 23 such law in the course of a final settlement 24 of such violation; and VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 333 •HR 1177 IH 1 ‘‘(B) such violation takes place with re2 spect to an unauthorized worker.’’; 3 (2) in subsection (e), as amended by section 4 5102(f), by adding at the end the following: 5 ‘‘(11) ADDITIONAL CIVIL PENALTIES.—An 6 order under this subsection for a violation of sub7 section (a)(7) shall require the employer— 8 ‘‘(A) to cease and desist from such viola9 tion; and 10 ‘‘(B) to pay a civil penalty in an amount 11 not to exceed $5,000 for each unauthorized 12 noncitizen with respect to whom a violation of 13 such subsection occurred.’’; and 14 (3) in subsection (f)(2), by striking ‘‘(1)(A) or 15 (2)’’ and inserting ‘‘(1)(A), (2), or (7)’’. 16 SEC. 5104. CONTINUED APPLICATION OF WORKFORCE AND 17 LABOR PROTECTION REMEDIES. 18 Section 274A(e) of the Immigration and Nationality 19 Act, as amended by sections 5102(e) and 5103(2), is fur20 ther amended by adding at the end the following: 21 ‘‘(12) RIGHTS, REMEDIES, AND RELIEF.—Not22 withstanding an employee’s status as an unauthor23 ized noncitizen during the time of relevant employ24 ment or during the back pay period or the failure of 25 the employer or employee to comply with the reVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 334 •HR 1177 IH 1 quirements under this section or with any other pro2 vision of Federal law relating to the unlawful em3 ployment of noncitizens— 4 ‘‘(A) all rights, remedies, and relief pro5 vided under any Federal, State, or local law re6 lating to workplace rights, including reinstate7 ment and back pay, are available to such em8 ployee; and 9 ‘‘(B) a court may not prohibit such an em10 ployee from pursuing other causes of action giv11 ing rise to liability in a civil action.’’. 12 SEC. 5105. PROHIBITION ON DISCRIMINATION BASED ON 13 NATIONAL ORIGIN OR CITIZENSHIP STATUS. 14 (a) IN GENERAL.—Section 274B(a) of the Immigra15 tion and Nationality Act (8 U.S.C. 1324b(a)) is amended 16 to read as follows: 17 ‘‘(a) PROHIBITION ON DISCRIMINATION BASED ON 18 NATIONAL ORIGIN OR CITIZENSHIP STATUS.— 19 ‘‘(1) IN GENERAL.—Except as provided in para20 graphs (2) and (3), it is an unfair immigration-re21 lated employment practice for a person, other entity, 22 or employment agency to discriminate against any 23 individual (other than an unauthorized noncitizen 24 (as defined in section 274A(h)(3))) because of such VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 335 •HR 1177 IH 1 individual’s national origin or citizenship status, 2 with respect to— 3 ‘‘(A) the hiring of the individual for em4 ployment; 5 ‘‘(B) the verification of the individual’s eli6 gibility to work in the United States; or 7 ‘‘(C) the discharging of the individual from 8 employment. 9 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 10 apply to— 11 ‘‘(A) a person, other entity, or employer 12 that employs 3 or fewer employees (other than 13 an employment agency); 14 ‘‘(B) a person’s or entity’s discrimination 15 based upon an individual’s national origin if the 16 discrimination with respect to that employer, 17 person, or entity and that individual is covered 18 under section 703 of the Civil Rights Act of 19 1964 (42 U.S.C. 2000e–2), unless the discrimi20 nation is related to an individual’s verification 21 of employment authorization; or 22 ‘‘(C) discrimination based upon an individ23 ual’s citizenship status if such discrimination— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 336 •HR 1177 IH 1 ‘‘(i) is required in order to comply 2 with a provision of Federal, State, or local 3 law related to law enforcement; 4 ‘‘(ii) is required by a contract with the 5 Federal Government; or 6 ‘‘(iii) is determined by the Secretary 7 of Homeland Security or the Attorney 8 General to be essential for an employer to 9 do business with an agency or department 10 of the Federal Government or with a 11 State, Tribal, or local government. 12 ‘‘(3) ADDITIONAL EXCEPTION PROVIDING 13 RIGHT TO PREFER EQUALLY QUALIFIED CITIZENS.— 14 It is not an unfair immigration-related employment 15 practice for an employer to prefer to hire, recruit, or 16 refer for a fee an individual who is a citizen or na17 tional of the United States over another individual 18 who is a noncitizen if the 2 individuals are equally 19 qualified. 20 ‘‘(4) UNFAIR IMMIGRATION-RELATED EMPLOY21 MENT PRACTICES RELATING TO THE SYSTEM.—It is 22 an unfair immigration-related employment practice 23 for a person, other entity, or employment agency— 24 ‘‘(A) to use the employment verification 25 system described in section 274A (referred to in VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 337 •HR 1177 IH 1 this title as the ‘System’) to deny workers’ em2 ployment or post-employment benefits; 3 ‘‘(B) to misuse the System to discriminate 4 based on national origin or citizenship status; 5 ‘‘(C) to require an employee or prospective 6 employee to use any self-verification feature of 7 the System or provide, as a condition of appli8 cation or employment, any self-verification re9 sults; 10 ‘‘(D) to use an immigration status 11 verification system, service, or method other 12 than those described in section 274A for pur13 poses of verifying employment eligibility; 14 ‘‘(E) to grant access to document 15 verification or System data, to any individual or 16 entity not authorized to have such access; or 17 ‘‘(F) to fail to take reasonable safeguards 18 to protect against unauthorized loss, use, alter19 ation, or destruction of System data. 20 ‘‘(5) PROHIBITION OF INTIMIDATION OR RETAL21 IATION.—It is an unfair immigration-related employ22 ment practice for a person, other entity, or employ23 ment agency to intimidate, threaten, coerce, or re24 taliate against any individual— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 338 •HR 1177 IH 1 ‘‘(A) for the purpose of interfering with 2 any right or privilege secured under this sec3 tion; or 4 ‘‘(B) because the individual intends to file, 5 or has filed, a charge or a complaint, or testi6 fied, assisted, or participated in any manner in 7 an investigation, proceeding, or hearing under 8 this section. 9 ‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY 10 PRACTICES AS EMPLOYMENT PRACTICES.—It is an 11 unfair immigration-related employment practice for 12 a person, other entity, or employment agency, for 13 purposes of verifying employment eligibility— 14 ‘‘(A) to request that an individual submit 15 specific documents, more documents, or dif16 ferent documents than are required under sec17 tion 274A; or 18 ‘‘(B) to refuse to honor documents sub19 mitted by an individual that reasonably appear 20 on their face to be genuine. 21 ‘‘(7) PROHIBITION OF WITHHOLDING EMPLOY22 MENT RECORDS.—It is an unfair immigration-re23 lated employment practice for an employer that is 24 required under Federal, State, or local law to main25 tain records documenting employment, including VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 339 •HR 1177 IH 1 dates or hours of work and wages received, to fail 2 to provide such records to any employee to whom the 3 records pertain, upon request by such employee. 4 ‘‘(8) PROFESSIONAL, COMMERCIAL, AND BUSI5 NESS LICENSES.—An individual who is authorized to 6 be employed in the United States may not be denied 7 a professional, commercial, or business license on 8 the basis of his or her immigration status. 9 ‘‘(9) EMPLOYMENT AGENCY DEFINED.—In this 10 section, the term ‘employment agency’ means any 11 employer, person, entity, or agent of such employer, 12 person, or entity that regularly undertakes, with or 13 without compensation, to procure employees for em14 ployers or to procure for employees opportunities to 15 work for employers.’’. 16 (b) REFERRAL BY EEOC.—Section 274B(b) of the 17 Immigration and Nationality Act (8 U.S.C. 1324b(b)) is 18 amended by adding at the end the following: 19 ‘‘(3) REFERRAL BY EEOC.—The Equal Employ20 ment Opportunity Commission shall refer all matters 21 alleging immigration-related unfair employment 22 practices filed with the Commission, including those 23 alleging violations of paragraph (1), (4), (5), or (6) 24 of subsection (a), to the Immigrant and Employment 25 Rights Section of the Department of Justice.’’. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 340 •HR 1177 IH 1 (c) FINES.— 2 (1) IN GENERAL.—Section 274B(g)(2)(B)(iv) of 3 the Immigration and Nationality Act (8 U.S.C. 4 1324b(g)(2)(B)(iv)) is amended to read as follows: 5 ‘‘(iv) to pay the civil penalties set 6 forth in this clause, which may be adjusted 7 periodically to account for inflation, includ8 ing— 9 ‘‘(I) except as provided in sub10 clauses (II) through (IV), a civil pen11 alty of not less than $2,000 and not 12 more than $5,000 for each individual 13 subjected to an unfair immigration-re14 lated employment practice; 15 ‘‘(II) except as provided in sub16 clauses (III) and (IV), in the case of 17 an employer, person, or entity pre18 viously subject to 1 order under this 19 paragraph, a civil penalty of not less 20 than $4,000 and not more than 21 $10,000 for each individual subjected 22 to an unfair immigration-related em23 ployment practice; 24 ‘‘(III) except as provided in sub25 clause (IV), in the case of an emVerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 341 •HR 1177 IH 1 ployer, person, or entity previously 2 subject to more than 1 order under 3 this paragraph, a civil penalty of not 4 less than $8,000 and not more than 5 $25,000 for each individual subjected 6 to an unfair immigration-related em7 ployment practice; and 8 ‘‘(IV) in the case of an unfair im9 migration-related employment practice 10 described in paragraphs (4) through 11 (7) of subsection (a), a civil penalty of 12 not less than $500 and not more than 13 $2,000 for each individual subjected 14 to an unfair immigration-related em15 ployment practice.’’. 16 (2) EFFECTIVE DATE.—The amendment made 17 by paragraph (1)— 18 (A) shall take effect on the date that is 1 19 year after the date of the enactment of this Act; 20 and 21 (B) shall apply to violations occurring on 22 or after such date of enactment. 23 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 24 274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended to read as 25 follows: VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 342 •HR 1177 IH 1 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 2 There are authorized to be appropriated to carry out 3 this subsection— 4 ‘‘(A) $10,000,000 for each fiscal year (be5 ginning with fiscal year 1991); and 6 ‘‘(B) an additional $40,000,000 for each of 7 fiscal years 2022 through 2024.’’. 8 SEC. 5106. FAIRNESS FOR FARMWORKERS. 9 (a) IN GENERAL.—Section 7 of the Fair Labor 10 Standards Act of 1938 (29 U.S.C. 207) is amended— 11 (1) in subsection (a), by adding at the end the 12 following: 13 ‘‘(3)(A) Except as provided in subparagraph (C), be14 ginning on January 1, 2022, no employer shall employ any 15 employee employed in agriculture who in any workweek 16 is engaged in commerce or in the production of goods for 17 commerce, or is employed in an enterprise engaged in 18 commerce or in the production of goods for commerce for 19 a workweek that is longer than the hours specified under 20 subparagraph (B), unless such employee receives com21 pensation for employment in excess of the hours specified 22 in such subparagraph at a rate not less than 150 percent 23 of the regular rate at which the employee is employed. 24 ‘‘(B) The hours specified in this subparagraph are, 25 subject to subparagraph (C), as follows: VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 343 •HR 1177 IH 1 ‘‘(i) Beginning on January 1, 2022, 55 hours in 2 any workweek. 3 ‘‘(ii) Beginning on January 1, 2023, 50 hours 4 in any workweek. 5 ‘‘(iii) Beginning on January 1, 2024, 45 hours 6 in any workweek. 7 ‘‘(iv) Beginning on January 1, 2025, 40 hours 8 in any workweek. 9 ‘‘(C) With respect to any employer that employs 25 10 or fewer employees— 11 ‘‘(i) the requirement under subparagraph (A) 12 shall begin on January 1, 2025; and 13 ‘‘(ii) the hours specified under subparagraph 14 (B) shall be as follows: 15 ‘‘(I) The number of hours specified under 16 subparagraph (B)(i) shall begin on January 1, 17 2025. 18 ‘‘(II) The number of hours specified under 19 subparagraph (B)(ii) shall begin on January 1, 20 2026. 21 ‘‘(III) The number of hours specified 22 under subparagraph (B)(iii) shall begin on Jan23 uary 1, 2027. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 344 •HR 1177 IH 1 ‘‘(IV) The number of hours specified under 2 subparagraph (B)(iv) shall begin on January 1, 3 2028.’’; and 4 (2) by striking subsection (m). 5 (b) REMOVING CERTAIN EXEMPTIONS FOR AGRICUL6 TURAL WORK.—Section 13 of the Fair Labor Standards 7 Act of 1938 (29 U.S.C. 213) is amended— 8 (1) in subsection (a), by amending paragraph 9 (6) to read as follows: 10 ‘‘(6) any employee employed in agriculture who 11 is the parent, spouse, child, or other member of the 12 employer’s immediate family;’’; 13 (2) in subsection (b)— 14 (A) by striking paragraphs (12) through 15 (16); and 16 (B) by redesignating paragraphs (17), 17 (20), (21), (24), (27), (28), (29), and (30) as 18 paragraphs (12), (13), (14), (15), (16), (17), 19 (18), and (19), respectively; and 20 (3) by striking subsections (h) through (j). 21 (c) CONFORMING AMENDMENTS.— 22 (1) FAIR LABOR STANDARDS ACT OF 1938.— 23 Section 13(c)(1)(A) of the Fair Labor Standards 24 Act of 1938 (29 U.S.C. 213(c)(1)(A)) is amended by 25 striking ‘‘none of the employees’’ and all that follows VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 345 •HR 1177 IH 1 through and inserting ‘‘all of the employees of which 2 are employed in agriculture and are employed by an 3 employer who did not, during any calendar quarter 4 during the preceding calendar year, use more than 5 500 man-days of agricultural labor (within the 6 meaning of the exemption under subsection 7 (a)(6)(A)), as in effect on the day before the date 8 of the enactment of the U.S. Citizenship Act),’’. 9 (2) MIGRANT AND SEASONAL AGRICULTURAL 10 WORKER PROTECTION ACT.—The Migrant and Sea11 sonal Agricultural Worker Protection Act (Public 12 Law 97–470) is amended— 13 (A) in section 3 (29 U.S.C. 1802)— 14 (i) in paragraph (8), by amending 15 subparagraph (B) to read as follows: 16 ‘‘(B) The term ‘migrant agricultural worker’ 17 does not include any immediate family member of an 18 agricultural employer or a farm labor contractor.’’; 19 and 20 (ii) in paragraph (10), by amending 21 subparagraph (B) to read as follows: 22 ‘‘(B) The term ‘seasonal agricultural worker’ 23 does not include— 24 ‘‘(i) any migrant agricultural worker; or VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 346 •HR 1177 IH 1 ‘‘(ii) any immediate family member of an 2 agricultural employer or a farm labor con3 tractor.’’; and 4 (B) in section 4(a) (29 U.S.C. 1803(a)), 5 by amending paragraph (2) to read as follows: 6 ‘‘(2) SMALL BUSINESS EXEMPTION.—Any per7 son, other than a farm labor contractor, who did 8 not, during any calendar quarter during the pre9 ceding calendar year, use more than 500 man-days 10 of agricultural labor (within the meaning of the ex11 emption under section 13(a)(6)(A) of the Fair Labor 12 Standards Act of 1938 (29 U.S.C. 213(a)(6)(A)), as 13 in effect on the day before the date of the enactment 14 of the U.S. Citizenship Act).’’. 15 (d) EFFECTIVE DATES.— 16 (1) IN GENERAL.—The amendments made by 17 subsections (a)(2), (b)(1), (b)(3), and (c) shall take 18 effect on— 19 (A) January 1, 2025, with respect to an 20 employer that employs more than 25 employees; 21 and 22 (B) January 1, 2028, with respect to an 23 employer that employs 25 or fewer employees. 24 (2) OTHER AMENDMENTS.—The amendments 25 made by subsection (b)(2) shall take effect on— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 347 •HR 1177 IH 1 (A) January 1, 2022, with respect to an 2 employer that employs more than 25 employees; 3 and 4 (B) January 1, 2025, with respect to an 5 employer that employs 25 or fewer employees. 6 SEC. 5107. PROTECTIONS FOR MIGRANT AND SEASONAL LA7 BORERS. 8 Section 501 of the Migrant and Seasonal Agricultural 9 Worker Protection Act (29 U.S.C. 1851) is amended— 10 (1) by amending subsection (a) to read as fol11 lows: 12 ‘‘(a) VIOLATIONS OF THIS ACT.— 13 ‘‘(1) IN GENERAL.—Except as otherwise pro14 vided in this section, any person who willfully and 15 knowingly violates this Act or any regulation under 16 this Act— 17 ‘‘(A) shall be fined not more than $1,000, 18 sentenced to prison for a term not to exceed 1 19 year, or both; and 20 ‘‘(B) upon conviction for any subsequent 21 violation of this Act or any regulation under 22 this Act, shall be fined not more than $10,000, 23 sentenced to prison for a term not to exceed 3 24 years, or both. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 348 •HR 1177 IH 1 ‘‘(2) IDENTIFICATION DOCUMENT OFFENSES.— 2 Any person who knowingly destroys, conceals, re3 moves, confiscates, or possesses any actual or pur4 ported passport or other immigration document, or 5 any other actual or purported government identifica6 tion document of another person or threatens to do 7 so in furtherance of a violation of this Act shall be 8 fined under title 18, United States Code, imprisoned 9 not more than 3 years, or both. 10 ‘‘(3) TRAVEL RESTRICTIONS.—Any person who 11 knowingly restricts or attempts to prevent or re12 strict, without lawful authority, a person’s liberty to 13 move or travel, in furtherance of a violation of this 14 Act, shall be fined under title 18, United States 15 Code, imprisoned not more than 5 years, or both. 16 ‘‘(4) BODILY INJURY.—If bodily injury results 17 from any acts committed by any person in violation 18 of this Act, or if such acts include sexual abuse or 19 an attempt to commit sexual abuse (as described in 20 section 2242 of title 18, United States Code), or if 21 such acts include the use, attempted use, or threat22 ened use of a dangerous weapon, explosives, or fire, 23 the person shall be fined under title 18, United 24 States Code, imprisoned not more than 10 years, or 25 both. VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 349 •HR 1177 IH 1 ‘‘(5) DEATH.—If death results from any acts 2 committed by any person in violation of this Act, or 3 if such acts include kidnaping or an attempt to kid4 nap, aggravated sexual abuse, or an attempt to com5 mit aggravated sexual abuse, or an attempt to kill, 6 the person shall be fined under title 18, United 7 States Code, imprisoned for any term of years or for 8 life, or both. 9 ‘‘(6) SUBSEQUENT VIOLATIONS.—Except to the 10 extent that a greater maximum penalty is otherwise 11 provided for in this section, a person who is con12 victed for any subsequent violation of this Act or 13 any regulation under this Act shall be fined under 14 title 18, United States Code, imprisoned not more 15 than 3 years, or both.’’; and 16 (2) by adding at the end the following: 17 ‘‘(c) RECORDKEEPING AND WAGE REQUIRE18 MENTS.—Any person who knowingly and with intent to 19 defraud violates section 201(a), 201(f), 301(a), or 301(f), 20 or who knowingly and willfully violates section 202 or 302, 21 shall be fined under title 18, United States Code, impris22 oned not more than 5 years, or both. 23 ‘‘(d) OBSTRUCTION OFFENSES.—Any person who ob24 structs, attempts to obstruct, interferes with, or prevents 25 the enforcement of this section, shall be subject to the VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 350 •HR 1177 IH 1 same fines and penalties as those prescribed for the under2 lying offense involved.’’. 3 SEC. 5108. DIRECTIVE TO THE UNITED STATES SEN4 TENCING COMMISSION. 5 (a) IN GENERAL.—Pursuant to its authority under 6 section 994 of title 28, United States Code, the United 7 States Sentencing Commission, in accordance with sub8 section (b), shall promulgate sentencing guidelines or 9 amend existing sentencing guidelines to increase the pen10 alties imposed on persons convicted of offenses under— 11 (1) section 274A of the Immigration and Na12 tionality Act (8 U.S.C. 1324a); 13 (2) section 501 of the Migrant and Seasonal 14 Agricultural Worker Protection Act (29 U.S.C. 15 1851); 16 (3) section 16 of the Fair Labor Standards Act 17 of 1938 (29 U.S.C. 216); and 18 (4) any other Federal law covering conduct 19 similar to the conduct prohibited under the provi20 sions of law referred to in paragraphs (1) through 21 (3). 22 (b) REQUIREMENTS.—In carrying out subsection (a), 23 the Sentencing Commission shall provide sentencing en24 hancements for any person convicted of an offense re25 ferred to in subsection (a) if such offense involves— VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 351 •HR 1177 IH 1 (1) the confiscation of identification documents; 2 (2) corruption, bribery, extortion, or robbery; 3 (3) sexual abuse; 4 (4) serious bodily injury; 5 (5) an intent to defraud; or 6 (6) a pattern of conduct involving multiple vio7 lations of law that— 8 (A) creates a risk to the health or safety 9 of any victim; or 10 (B) denies payments due to victims for 11 work completed. 12 SEC. 5109. LABOR LAW ENFORCEMENT FUND. 13 (a) IN GENERAL.—Section 286 of the Immigration 14 and Nationality Act (8 U.S.C. 1356) is amended by add15 ing at the end the following: 16 ‘‘(w) LABOR LAW ENFORCEMENT ACCOUNT.— 17 ‘‘(1) IN GENERAL.—There is established in the 18 general fund of the Treasury a separate account, 19 which shall be known as the ‘Labor Law Enforce20 ment Account’ (referred to in this subsection as the 21 ‘Account’). 22 ‘‘(2) DEPOSITS.—There shall be deposited as 23 offsetting receipts into the Account penalties im24 posed under section 274A(a)(7). VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 352 •HR 1177 IH 1 ‘‘(3) EXPENDITURES.—Amounts deposited into 2 the Account shall be made available to the Secretary 3 of Labor to ensure compliance with workplace laws, 4 including by random audits of such employers, in in5 dustries that have a history of significant employ6 ment of unauthorized workers or nonimmigrant 7 workers pursuant to subclause (a) or (b) of section 8 101(a)(15)(H)(ii).’’. 9 (b) AUTHORIZATION OF APPROPRIATIONS.— 10 (1) IN GENERAL.—There are authorized to be 11 appropriated such sums as may be necessary to 12 carry out this title and the amendments made by 13 this title (other than the amendment made by sub14 section (a)). 15 (2) AVAILABILITY OF FUNDS.— 16 (A) IN GENERAL.—Except as provided in 17 subparagraph (B), amounts authorized to carry 18 out the programs, projects, and activities rec19 ommended by the Commission may not be ex20 pended before— 21 (i) the date that is 60 days after the 22 submission of the report required under 23 section 5101(e); or VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS 353 •HR 1177 IH 1 (ii) the date that is 2 years and 60 2 days after the date of the enactment of 3 this Act. 4 (B) ADMINISTRATIVE EXPENSES.—Not5 withstanding subparagraph (A), amounts re6 ferred to in that subparagraph may be ex7 pended for minimal administrative expenses di8 rectly associated with— 9 (i) convening the public hearings re10 quired under section 5101(c)(2)(A); and 11 (ii) preparing and providing sum12 maries of such hearings in accordance with 13 section 5101(c)(2)(B). Æ VerDate Sep 11 2014 23:39 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6301 E:\BILLS\H1177.IH H1177 pbinns on DSKJLVW7X2PROD with BILLS