S.Amdt. 1455
What it does: 92 changes: replaces text in 57 places, inserts text in 20 places, strikes text in 2 places, adds 13 sections
Sen. Patrick J. Leahy (D-VT)What it changes
92 changes to S. 744
We couldn't match these changes to the text of S. 744, so they're shown as written.
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Rewrites page 1869, line 22 through page 1910, line 5
ReplacesPrinted pageRemoves page 1869, line 22 through page 1910, line 5 of the printed bill. See that page
Inserted: SEC. 4804. PERMANENT AUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM.
Inserted: (a) Repeal.--Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is repealed.
Inserted: (b) Authorization.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)) is amended by adding at the end the following:
Inserted: "(E) Regional center program.--
Inserted: "(i) In general.--Visas under this paragraph shall be made available to qualified immigrants participating in a program implementing this paragraph that involves a regional center in the United States, which has been designated by the Secretary of Homeland Security, in consultation with the Secretary of Commerce, on the basis of a general proposal for the promotion of economic growth, including--
Inserted: "(I) increased export sales;
Inserted: "(II) improved regional productivity;
Inserted: "(III) job creation; or
Inserted: "(IV) increased domestic capital investment.
Inserted: "(ii) Establishment of a regional center.--A regional center shall have jurisdiction over a defined geographic area, which shall be described in the proposal and consistent with the purpose of concentrating pooled investment in defined economic zones. The establishment of a regional center may be based on general predictions, contained in the proposal, concerning--
Inserted: "(I) the kinds of commercial enterprises that may receive investments from aliens without limiting the scope of regional center activity to any specific industry or industries referenced in the proposal;
Inserted: "(II) the jobs that may be created directly or indirectly as a result of such investments; and
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Inserted: "(III) other positive economic effects such investments may have.
Inserted: "(iii) Indirect job creation.--The Secretary of Homeland Security shall permit immigrants admitted under this paragraph to satisfy the requirements under subparagraph (A)(ii) with jobs that are estimated to be created indirectly through investment under this paragraph in accordance with this subparagraph.
Inserted: "(iv) Compliance.--In determining compliance with subparagraph (A)(ii), the Secretary of Homeland Security shall permit aliens admitted under the program described in this subparagraph to establish reasonable methodologies for determining the number of jobs created by the program, including jobs estimated to have been created indirectly through revenues generated from increased exports, improved regional productivity, job creation, and increased domestic capital investment resulting from the program, including jobs created outside of the geographic boundary of the regional center as a result of the immigrant's investment in regional center associated commercial enterprises.
Inserted: "(v) Amendments.--The Secretary of Homeland Security--
Inserted: "(I) may require approved regional centers to give notice to the Secretary of significant changes to their organization;
Inserted: "(II) may approve or disapprove the changes referred to in subclause (I); and
Inserted: "(III) shall not suspend the Secretary's adjudication of any filings by, or related to, a regional center, including investor petitions under section 203(b)(5), regardless of whether such regional center has given notice to the Secretary pursuant to subclause (I).
Inserted: "(F) Preapproval of business plans for regional center investments.--
Inserted: "(i) Petition.--Before the filing of a petition under this subparagraph by an alien investor, a commercial enterprise associated with a regional center may file a petition with the Secretary of Homeland Security to preapprove a particular investment in the commercial enterprise, as provided in--
Inserted: "(I) a business plan for a specific capital investment project;
Inserted: "(II) investment documents, such as subscription, investment, partnership, and operating agreements; and
Inserted: "(III) a credible economic analysis regarding estimated job creation that is based upon reasonable methodologies.
Inserted: "(ii) Preapproval procedure.--The Secretary shall establish a process to facilitate the preapproval of business plans under this subparagraph related to investment in a regional center commercial enterprise, which shall include an opportunity for the applicant to address and cure any deficiencies identified by the Secretary in the applicant's business plan, investment documents, or statement regarding job creation prior to a final determination. The Secretary shall impose a fee for the use of the process described in this clause sufficient to recover the costs of its administration pursuant to subsections (m) and (n) of section 286.
Inserted: "(iii) Effect of preapproval of business plan for investment in regional center commercial enterprise.--The preapproval of a petition under this subparagraph shall be binding for purposes of the adjudication of subsequent petitions seeking classification under this paragraph by immigrants investing in the same commercial enterprise concerning the same economic activity, and of petitions filed under section 216A, unless the Secretary determines that there is evidence of fraud, misrepresentation, criminal misuse, a threat to national security, a material change that affects the approved economic model, or other evidence affecting program eligibility that was not disclosed by the petitioner during the preapproval process.
Inserted: "(iv) Expedited processing option for alien investor petitions associated with preapproved business plans.--The Secretary may establish a premium processing option for business plan preapproval and for petitions by alien investors who are investing in a commercial enterprise that has received preapproval under this subparagraph pursuant to section 286(u).
Inserted: "(v) Consideration of criminal activity in establishing eligibility criteria.--The Secretary shall consider the potential for fraud, misrepresentation, criminal misuse, and threats to national security in establishing eligibility criteria for any program the Secretary may establish under this subparagraph.
Inserted: "(vi) Effect of prior determinations.--If a commercial enterprise does not file a petition for preapproval under this subparagraph, or files a petition under this subparagraph that is denied, the approval of any of the items described in clause (i) submitted in support of a petition seeking classification of an alien as an alien investor under this paragraph shall be binding for purposes of the adjudication of subsequent petitions seeking classification under this paragraph by aliens investing in the same commercial enterprise concerning the same economic activity, and of petitions filed under section 216A, unless the Secretary determines that there is evidence of fraud, misrepresentation, criminal misuse, a threat to national security, a material change that affects the approved economic model, or evidence affecting program eligibility that was not disclosed.
Inserted: "(G) Regional center financial statements.--
Inserted: "(i) In general.--Each regional center designated under subparagraph (E) shall annually submit, to the Director of U.S. Citizenship and Immigration Services (referred to in this subparagraph as the 'Director'), in a manner prescribed by the Secretary of Homeland Security, financial statements, including--
Inserted: "(I) an accounting of all foreign investor money invested in association with the regional center or associated conventional, enterprise; and
Inserted: "(II) for each capital investment project--
Inserted: "(aa) an accounting of the aggregate capital invested in association with the regional center or associated commercial enterprises by immigrants under this paragraph;
Inserted: "(bb) a description of how such funds are being used to execute the approved business plan;
Inserted: "(cc) evidence that 100 percent of such investor funds have been dedicated to the project;
Inserted: "(dd) detailed evidence of the progress made toward the completion of the project;
Inserted: "(ee) an accounting of the aggregate direct and indirect jobs created or preserved; and
Inserted: "(ff) a certification by the regional center that such statements are accurate.
Inserted: "(ii) Amendment of financial statements.--If the Director determines that a financial statement required under clause (i) is deficient, or if the Director otherwise deems appropriate, the Director may require the regional center to amend or supplement such financial statement.
Inserted: "(iii) Sanctions.--
Inserted: "(I) Effect of violation.--If the Director determines that a regional center, director, or other individual involved with a regional center (other than an alien investor) has violated any requirement under clause (i) or that the regional center is conducting itself in a manner inconsistent with its designation, the Director, after giving the regional center an opportunity to rebut the alleged violations, may sanction the violating entity or individual under subclause (II).
Inserted: "(II) Authorized sanctions.--The Director shall establish a graduated set of sanctions for violations referred to in subclause (I), including--
Inserted: "(aa) fines equal to not more than 5 percent of the total capital invested by immigrant investors in the commercial enterprise's approved business plan, the payment of which shall not in any circumstance utilize any of such immigrant investors' capital investment;
Inserted: "(bb) temporary suspension from participation in the program described in subparagraph (E), which may be lifted by the Director if the individual or entity cures the alleged violation after being provided such an opportunity by the Director;
Inserted: "(cc) permanent bar from program participation for 1 or more individuals affiliated with the regional center; and
Inserted: "(dd) termination of regional center status.
Inserted: "(H) Bona fides of persons involved in regional centers or regional center associated commercial enterprises.--
Inserted: "(i) In general.--No person shall be permitted by any regional center or regional center associated commercial enterprise to be involved with the regional center or commercial enterprise as its principal, representative, administrator, owner, officer, board member, manager, executive, general partner, fiduciary, marketer, promoter, or other similar position of substantive authority for the operations, management or promotion of the regional center or commercial enterprise if the Secretary of Homeland Security--
Inserted: "(I) determines such person has been found liable within the previous 5 years for any criminal or civil violation of any law relating to fraud or deceit, or at any time if such violation involved a criminal conviction with a term of imprisonment of at least 1 year or a criminal or civil violation of any law or agency regulation in connection with the purchase or sale of a security, unless the Secretary determines that the past violation should not prevent involvement with the regional center or regional center associated commercial enterprise; or
Inserted: "(II) knows or has reasonable cause to believe that the person is engaged in, has ever been engaged in, or seeks to engage in any--
Inserted: "(aa) illicit trafficking in any controlled substance;
Inserted: "(bb) activity relating to espionage or sabotage;
Inserted: "(cc) activity related to money laundering (as described in section 1956 or 1957 of title 18, United States Code);
Inserted: "(dd) terrorist activity (as defined in clauses (iii) and (iv) of section 212(a)(3)(B));
Inserted: "(ee) human trafficking or human rights offense; or
Inserted: "(ff) violation of any statute, regulation, or Executive Order regarding foreign financial transactions or foreign asset control.
Inserted: "(ii) Information required.--The Secretary shall require such attestations and information, including, the submission of fingerprints to the Federal Bureau of Investigation, and shall perform such criminal record checks and other background checks with respect to a regional center or regional center associated commercial enterprise, and persons involved in a regional center or regional center associated commercial enterprise as described in clause (i), as the Secretary considers appropriate to determine whether the regional center or regional center associated commercial enterprise is in compliance with clause (i). The Secretary may require the information and attestations described in this clause from such regional center or regional center associated commercial enterprise, and any person involved in the regional center or regional center associated commercial enterprise, at any time on or after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.
Inserted: "(iii) Termination.--The Secretary is authorized, in the Secretary's unreviewable discretion, to terminate any regional center or regional center associated commercial enterprise from the program under this paragraph if the Secretary determines that--
Inserted: "(I) the regional center or regional center associated commercial enterprise is in violation of clause (i);
Inserted: "(II) the regional center, a regional center associated commercial enterprise, or any person involved with the regional center or regional center associated commercial enterprise has provided any false attestation or information under clause (ii);
Inserted: "(III) the regional center, regional center associated commercial enterprise, or any person involved with the regional center or regional center associated commercial enterprise, fails to provide an attestation or information requested by the Secretary under clause (ii); or
Inserted: "(IV) the regional center, a regional center associated commercial enterprise, or any person involved with the regional center or regional center associated commercial enterprise is engaged in fraud, misrepresentation, criminal misuse, or threats to national security.
Inserted: "(iv) Treatment of investors if regional center terminated.--An alien who previously invested in a commercial enterprise associated with a regional center that is subsequently terminated under subclause (iii) shall be provided an opportunity to invest in another approved regional center. The termination of the regional center shall not affect the alien's status.
Inserted: "(I) Regional center compliance with securities laws.--
Inserted: "(i) Certification required.--The Secretary of Homeland Security shall not approve an application for regional center designation or regional center amendment that does not certify that the regional center and, to the best knowledge of the applicant, all parties to the regional center are in, and will maintain, compliance with the securities laws of the United States.
Inserted: "(ii) Exception for governmental entity.--If the regional center described in clause (i) is operated by a State or municipal entity, the regional center may obtain the certifications required under subclause (i) for any commercial enterprises associated with the regional center.
Inserted: "(iii) Oversight required.--In furtherance of the certification described in clause (i), any regional center not operated by a State or municipal entity shall monitor and supervise all offers and sales of securities made by associated commercial enterprises to ensure compliance with the securities laws of the United States, and to maintain records, data ,and information relating to all such offers and sales of securities.
Inserted: "(iv) Termination or suspension.--The Secretary shall terminate the designation of any regional center that does not provide the certification described in subclause (i) on an annual basis. In addition to any other authority provided to the Secretary regarding the regional center program described in subparagraph (E), the Secretary may, in his or her unreviewable discretion, suspend or terminate the designation of any regional center if he or she determines that the regional center or any party to the regional center--
Inserted: "(I) is permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction in connection with the purchase or sale of a security;
Inserted: "(II) is subject to any final order of the Securities and Exchange Commission that--
Inserted: "(aa) bars such person from association with an entity regulated by the Securities and Exchange Commission; or
Inserted: "(bb) constitutes a final order based on violations in connection with the purchase or sale of a security; or
Inserted: "(III) knowingly submitted or caused to be submitted a certification described in clause (i) that contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.
Inserted: "(v) Savings provision.--Nothing in this subparagraph may be construed to impair or limit the authority of the Securities and Exchange Commission under the Federal securities laws.
Inserted: "(vi) Defined term.--In this subparagraph, the term 'party to the regional center' includes the regional center, its agents, employees, and attorneys, and any persons in active concert or participation with the regional center.
Inserted: "(J) Denial or revocation.--If the Secretary of Homeland Security determines, in his or her unreviewable discretion, that the approval of a petition, application, or benefit described in this subparagraph is contrary to the national interest of the United States for reasons relating to fraud, misrepresentation, criminal misuse, or threats to national security, the Secretary may deny or revoke the approval of--
Inserted: "(i) a petition seeking classification of an alien as an alien investor under this paragraph;
Inserted: "(ii) a petition to remove conditions under section 216A before granting lawful permanent resident status or any other petition, application, or benefit based upon the previous or concurrent filing or approval of a petition for classification of an alien under this paragraph; or
Inserted: "(iii) an application for designation as a regional center.".
Inserted: (c) Assistance by the Secretary of Commerce.--
Inserted: (1) In general.--The Secretary of Commerce, upon the request of the Secretary, shall provide consultation assistance for determining whether--
Inserted: (A) a proposed regional center should be designated, terminated, or subject to other adjudicative action; or
Inserted: (B) a petitioner or applicant for a benefit under section 203(b)(5) of the Immigration and Nationality Act, as amended by subsection (b), has met the requirements under such paragraph with respect to job creation.
Inserted: (2) Rulemaking.--The Secretary and the Secretary of Commerce may each adopt such rules and regulations as are necessary to carry out the consultation process provided for in paragraph (1).
Inserted: (3) Savings provision.--The consultation provided under paragraph (1) shall be voluntary. Nothing in this subsection may be construed to require consultation with the Secretary of Commerce to continue the designation of a regional center approved before the date of the enactment of this Act or to impede or delay the adjudication petitions by the Secretary.
Inserted: (d) Effective Date.--The amendments made by this section--
Inserted: (1) shall be effective upon the enactment of this Act; and
Inserted: (2) shall apply to--
Inserted: (A) any application to designate a regional center, and any person involved with the regional center, that is pending or approved on or after the date of the enactment of this Act; and
Inserted: (B) any regional center approved before the date of the enactment of this Act, on or after a delayed effective date that is 1 year after such date of enactment with respect to any person involved in the regional center on or after such delayed effective date.
Inserted: SEC. 4805. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND CHILDREN.
Inserted: (a) In General.--Section 216A (8 U.S.C. 1186b) is amended to read as follows:
Inserted: "SEC. 216A. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND CHILDREN.
Inserted: "(a) In General.--
Inserted: "(1) Conditional basis for status.--Notwithstanding any other provision of this Act, employment-based immigrants (as defined in subsection (g)(4)), alien spouses, and alien children (as such terms are defined in subsection (g)(2)) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.
Inserted: "(2) Notice of requirements.--
Inserted: "(A) At time of obtaining permanent residence.--At the time an employment-based immigrant, alien spouse, or alien child obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to the alien, spouse, or child respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed.
Inserted: "(B) At time of required petition.--In addition, the Secretary of Homeland Security shall attempt to provide notice to an employment-based immigrant, alien spouse, or alien child, at or about the beginning of the 90-day period described in subsection (d)(3), of the requirements of subsection (c)(1).
Inserted: "(C) Effect of failure to provide notice.--The failure of the Secretary of Homeland Security to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to an employment-based immigrant, alien spouse, or alien child.
Inserted: "(b) Termination of Status if Finding That Qualifying Employment Improper.--
Inserted: "(1) Alien investor.--In the case of an alien investor with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that--
Inserted: "(A) the investment in the commercial enterprise was intended as a means of evading the immigration laws of the United States;
Inserted: "(B)(i) the alien did not invest, or was not actively in the process of investing, the requisite capital; or
Inserted: "(ii) the alien was not sustaining the actions described in clause (i) throughout the period of the alien's residence in the United States; or
Inserted: "(C) subject to the exception in subsection (d)(5), the alien was otherwise not conforming to the requirements under section 203(b)(5), the Secretary shall so notify the alien investor and, subject to paragraph (3), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination.
Inserted: "(2) Employee of a federal national security, science, and technology laboratory, center or agency.--In the case of an employee of a Federal national security, science, and technology laboratory, center, or agency (as defined pursuant to section 203(b)(2)(C)) with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security, in consultation with the relevant employing department or agency, determines, before the first anniversary of the alien's obtaining the status of lawful admission for permanent residence, that--
Inserted: "(A) the qualifying employment was intended as a means of evading the immigration laws of the United States;
Inserted: "(B) the alien has not completed or is not likely to complete 12 months of qualifying continuous employment; or
Inserted: "(C) the alien did not otherwise conform with the requirements of section 203(b)(2), the Secretary shall so notify the alien involved and, subject to paragraph (3), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination.
Inserted: "(3) Hearing in removal proceeding.--Any alien whose permanent resident status is terminated under paragraph (1) or (2) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that a condition described in paragraph (1) or (2), as appropriate, is met.
Inserted: "(c) Requirements of Timely Petition and Interview for Removal of Condition.--
Inserted: "(1) In general.--
Inserted: "(A) Petition and interview.--In order for the conditional basis established under subsection (a) for an employment-based immigrant, alien spouse, or alien child to be removed--
Inserted: "(i) the employment-based immigrant shall submit to the Secretary of Homeland Security, during the period described in subsection (d)(3), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in paragraph (1) or (2) of subsection (d), as appropriate; and
Inserted: "(ii) in accordance with subsection (d)(3), the employment-based immigrant must appear for a personal interview before an officer or employee of U.S. Citizenship and Immigration Services respecting such facts and information.
Inserted: "(B) Separate petition not required.--An alien spouse or alien child shall not be required to file separate petitions under subparagraph (A)(i) if the employment-based immigrant's petition includes such alien spouse or alien child.
Inserted: "(C) Additional fee.--Notwithstanding any other provision under this section, the Secretary may require the employment-based immigrant to pay an additional fee for a petition filed under subparagraph (A)(i) that includes the alien's spouse and child or children.
Inserted: "(2) Termination of permanent resident status for failure to file petition or have personal interview.--
Inserted: "(A) In general.--In the case of an alien with permanent resident status on a conditional basis under subsection (a), if--
Inserted: "(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A); or
Inserted: "(ii) unless there is good cause shown, the employment-based immigrant fails to appear at the interview described in paragraph (1)(B) (if required under subsection (d)(4)), the Secretary of Homeland Security shall terminate the permanent resident status of the alien (and the alien's spouse and children if it was obtained on a conditional basis under this section or section 216) as of the second anniversary of the alien's lawful admission for permanent residence.
Inserted: "(B) Hearing in removal proceeding.--In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B).
Inserted: "(3) Determination after petition and interview.--
Inserted: "(A) In general.--If--
Inserted: "(i) a petition is filed in accordance with the provisions of paragraph (1)(A); and
Inserted: "(ii) the employment-based immigrant appears at any interview described in paragraph (1)(B), the Secretary of Homeland Security shall make a determination, not later than 90 days after the date of such filing or interview (whichever is later), as to whether the facts and information described in paragraph (1) or (2) of subsection (d), as appropriate, and alleged in the petition are true.
Inserted: "(B) Removal of conditional basis if favorable determination.--
Inserted: "(i) Removal of conditional basis for alien investor.--If the Secretary of Homeland Security determines with respect to a petition filed by an alien investor that such facts and information are true, the Secretary shall so notify the alien investor and shall remove the conditional basis of the alien's status effective as of the second anniversary of the alien's lawful admission for permanent residence.
Inserted: "(ii) Removal of conditional basis for employee of a federal national security, science, and technology laboratory, center or agency.--If the Secretary of Homeland Security determines with respect to a petition filed by an employee of a Federal national security, science, and technology laboratory, center, or agency that such facts and information are true, the Secretary shall so notify the alien and shall remove the conditional basis of the alien's status effective as of the first anniversary of the alien's lawful admission for permanent residence.
Inserted: "(C) Termination if adverse determination.--If the Secretary of Homeland Security determines that such facts and information are not true, the Secretary shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an employment-based immigrant, alien spouse, or alien child as of the date of the determination.
Inserted: "(D) Hearing in removal proceeding.--Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) and alleged in the petition are not true.
Inserted: "(d) Details of Petition and Interview.--
Inserted: "(1) Contents of petition by alien investor.--Each petition filed by an alien investor under section (c)(1)(A) shall contain facts and information demonstrating that the alien--
Inserted: "(A)(i) invested, or is actively in the process of investing, the requisite capital; and
Inserted: "(ii) sustained the actions described in clause (i) throughout the period of the alien's residence in the United States; and
Inserted: "(B) except as provided in paragraph (4), is otherwise conforming to the requirements under section 203(b)(5).
Inserted: "(2) Contents of petition by employee of a federal national security, science, and technology laboratory, center, or agency.--Each petition under subsection (c)(1)(A) filed by an employee of a Federal national security, science, and technology laboratory, center, or agency shall contain facts and information demonstrating that the alien is conforming to the requirements of section 203(b)(2).
Inserted: "(3) Period for filing petition.--
Inserted: "(A) 90-day period before anniversary.--Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) must be filed as follows:
Inserted: "(i) In the case of an alien investor, during the 90-day period before the second anniversary of the alien's lawful admission for permanent residence.
Inserted: "(ii) In the case of an employee of a Federal national security, science, and technology laboratory, center, or agency, during the 90-day period before the first anniversary of the alien's lawful admission for permanent residence.
Inserted: "(B) Late petitions.--Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Secretary of Homeland Security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A).
Inserted: "(C) Filing of petitions during removal.--In the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Secretary of Homeland Security may stay such removal proceedings against an alien pending the filing of the petition under subparagraph (B).
Inserted: "(4) Personal interview.--The interview under subsection (c)(1)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) and at a local office of U.S. Citizenship and Immigration Services, designated by the Secretary of Homeland Security, which is convenient to the parties involved. The Secretary, in the discretion of the Secretary, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate.
Inserted: "(5) Special rule for alien investors in a regional center.--Each petition under subsection (c)(1)(A) filed by an alien investor who invests in accordance with section 203(b)(5)(E) shall contain facts and information demonstrating that the alien is complying with the requirements under section 203(b)(5), except--
Inserted: "(A) the alien shall not be subject to the requirements under section 203(b)(5)(A)(ii); and
Inserted: "(B) the petition shall--
Inserted: "(i) refer to the most recent financial statement filed by the regional center in which the alien has invested in accordance with section 203(b)(5)(G); and
Inserted: "(ii) contain a certification that the petitioner has read the financial statement to which the alien's petition refers.
Inserted: "(6) Effect of prior determinations.--The approval of any of the items described in section 203(b)(5)(F)(i) submitted in support of a petition seeking classification of an alien as an alien investor under section 203(b)(5) shall be binding for purposes of the adjudication of the alien investor's petition filed under this section 216A, unless the Secretary determines that there is evidence of fraud, misrepresentation, criminal misuse, a threat to national security, a material change that affects the approved economic model, or evidence affecting program eligibility that was not disclosed by the petitioner.
Inserted: "(e) Treatment of Period for Purposes of Naturalization.--For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence, if the alien has had the conditional basis removed pursuant to this section.
Inserted: "(f) Fraud, Misrepresentation, Criminal Misuse, or Threats to the Public Safety or National Security.--If the Secretary of Homeland Security determines, in his or her sole and unreviewable discretion, that the conditional permanent resident status granted to an employment-based immigrant under subsection (a), or to an alien researcher described in section 203(b)(2)(A)(ii) is contrary to the national interest of the United States for reasons relating to fraud, misrepresentation, criminal misuse, or threats to national security, the Secretary shall--
Inserted: "(1) notify the immigrant involved of such determination; and
Inserted: "(2) terminate the permanent resident status of the immigrant involved (and the alien spouse and alien children of such immigrant) as of the date of such determination.
Inserted: "(g) Definitions.--In this section:
Inserted: "(1) The term 'alien investor' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 203(b)(5).
Inserted: "(2) The term 'alien spouse' and the term 'alien child' mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of an alien investor or an employee of a Federal national security, science, and technology laboratory, center, or agency.
Inserted: "(3) The term 'commercial enterprise' includes a limited partnership.
Inserted: "(4) The term 'employment-based immigrant' means an alien described in paragraph (1) or (5).
Inserted: "(5) The term 'employee of a Federal national security, science, and technology laboratory, center, or agency' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 203(b)(2)(A)(ii).".
Inserted: (b) Conforming Amendment.--Section 216(e) (8 U.S.C. 1186a(e)) is amended by inserting before the period at the end the following: ", if the alien has had the conditional basis removed pursuant to this section".
Inserted: (c) Clerical Amendment.--The table of contents is amended by striking the item relating to section 216A and inserting the following:
Inserted: "Sec. 216A. Conditional permanent resident status for certain employment-based immigrants, spouses, and children.".
Inserted: SEC. 4806. EB-5 VISA REFORMS.
Inserted: (a) Aliens Not Subject to Direct Numerical Limitation.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sections 2103(c)(2), 2212(d)(2), 2307(b), and 2402, is further amended by adding at the end the following:
Inserted: "(P) Aliens who are the spouse or a child of an alien admitted as an employment-based immigrant under section 203(b)(5).".
Inserted: (b) Technical Amendment.--Section 203(b)(5), as amended by this Act, is further amended by striking "Attorney General" each place it appears and inserting "Secretary of Homeland Security".
Inserted: (c) Targeted Employment Areas.--
Inserted: (1) In general.--Section 203(b)(5)(B) (8 U.S.C. 1153(b)(5)(B)) is amended to read as follows:
Inserted: "(B) Set-aside for targeted employment areas.--
Inserted: "(i) In general.--Not fewer than 5,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who invest in a new commercial enterprise described in subparagraph (A), which--
Inserted: "(I) is investing such capital in a targeted employment area; and
Inserted: "(II) will create employment in such targeted employment area.
Inserted: "(ii) Duration of high unemployment area designation.--A designation of a high unemployment area as a targeted employment area shall be valid for 5 years and may be renewed for additional 5-year periods if the area continues to meet the definition of a high unemployment area. An investor who has made the required amount of investment in such a targeted employment area during its period of designation shall not be required to increase the amount of investment based upon expiration of the designation.".
Inserted: (d) Adjustment of Minimum EB-5 Investment Amount.--Section 203(b)(5)(C)(i) (8 U.S.C. 1153(b)(5)(C)(i)) is amended--
Inserted: (1) by striking "The Attorney General" and inserting "The Secretary of Commerce";
Inserted: (2) by striking "Secretary of State" and inserting "Secretary of Homeland Security"; and
Inserted: (3) by adding at the end the following: "Unless adjusted by the Secretary of Commerce, the amount specified in this clause shall automatically adjust, on January 1, 2016, by the percentage change in the Consumer Price Index (CPI-U) during fiscal year 2015, and on every fifth subsequent January 1 by the cumulative percentage change in the CPI-U during the previous 5 fiscal years, for any petition filed to classify an alien under this paragraph on or after the date of each automatic adjustment.".
Inserted: (e) Definitions.--
Inserted: (1) In general.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)), as amended by subsections (b) and (c) and by section 4804, is further amended--
Inserted: (A) by striking subparagraph (D) and inserting following:
Inserted: "(D) Calculation of full-time employment.--Job creation under this paragraph may consist of employment measured in full-time equivalents, including intermittent or seasonal employment opportunities and construction jobs. A full-time employment position is not a requirement for indirect job creation."; and
Inserted: (B) by adding at the end the following:
Inserted: "(K) Definitions.--In this paragraph:
Inserted: "(i) The term 'capital' means all real, personal, or mixed assets, whether tangible or intangible, owned or controlled by the investor, or held in trust for the benefit of the investor, to which the investor has unrestricted access, which shall be valued at fair market value in United States dollars, in accordance with Generally Accepted Accounting Principles, at the time it is invested under this paragraph.
Inserted: "(ii) The term 'full-time employment' means employment in a position that requires at least 35 hours of service per week, regardless of how many employees fill the position.
Inserted: "(iii) The term 'high unemployment area' means--
Inserted: "(I) an area consisting of a census tract or contiguous census tracts that has an unemployment rate that is at least 150 percent of the national average unemployment rate; or
Inserted: "(II) an area that is within the boundaries established for purposes of a Federal or State economic development incentive program, including areas defined as Enterprise Zones, Renewal Communities, Promise Zones, and Empowerment Zones, and other programs for the purposes of job creation, small business creation, and neighborhood revitalization.
Inserted: "(iv) The term 'rural area' means--
Inserted: "(I) any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States); or
Inserted: "(II) any city or town having a population of fewer than 20,000 (based on the most recent decennial census of the United States) that is located within a State having a population of fewer than 1,500,000 (based on the most recent decennial census of the United States).
Inserted: "(v) The term 'targeted employment area' means a rural area, any community adversely affected by a recommendation by the Defense Base Closure and Realignment Commission, or a high unemployment area.".
Inserted: (2) Rulemaking.--The Secretary, in consultation with the Secretary of Defense, shall issue appropriate regulations to account for the modified definition of targeted employment area in section 203(b)(5)(K)(v), as amended by paragraph (1)(B).
Inserted: (3) Effective date.--The amendment made by paragraph (1) shall apply to any application for a visa under section 204(a)(7) of the Immigration and Nationality Act that is filed on or after the date that is 1 year after the date of the enactment of this Act, unless the petitioner requests in the petition that they take immediate effect.
Inserted: (4) Rule of construction.--None of the amendments made by paragraph (1) may be construed to deny any petition under section 216A filed by an alien who filed a petition under section 203(b)(5) before the date of the enactment of this Act.
Inserted: (f) Age Determination for Children of Alien Investors.--Section 203(h) (8 U.S.C. 1153(h)) is amended by adding at the end the following:
Inserted: "(5) Age determination for children of alien investors.--An alien admitted under subsection (d) as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under subsection (b)(5), whose lawful permanent resident status on a conditional basis is terminated under section 216A, shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under subsection (b)(5) if the alien remains unmarried and the subsequent petition is filed by the principal alien not later than 1 year after the termination of conditional lawful permanent resident status. No alien shall be considered a child under this paragraph with respect to more than 1 petition filed after the alien's 21st birthday.".
Inserted: (g) Enhanced Pay Scale for Certain Federal Employees Administering the EB-5 Program.--The Secretary may establish, fix the compensation of, and appoint individuals to, designated critical administrative, technical, and professional positions needed to administer sections 203(b)(5) and 216A of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b).
Inserted: (h) Delegation of Certain EB-5 Authority.--
Inserted: (1) In general.--The Secretary of Homeland Security may delegate to the Secretary of Commerce authority and responsibility for determinations under sections 203(b)(5) and 216A (with respect to alien entrepreneurs) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186a), including determining whether an alien has met employment creation requirements.
Inserted: (2) Regulations.--The Secretary of Homeland Security and the Secretary of Commerce may each adopt such rules and regulations as are necessary to carry out the delegation authorized under paragraph (1), including regulations governing the eligibility criteria for obtaining benefits pursuant to the amendments made by this section.
Inserted: (3) Use of fees.--Adjudication fees described in section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) shall remain available until expended to reimburse the Secretary of Commerce for the costs of any determinations made by the Secretary of Commerce under paragraph (1).
Inserted: (i) Concurrent Filing of EB-5 Petitions and Applications for Adjustment of Status.--Section 245 (8 U.S.C. 1255), as amended by section 4237(b), is further amended--
Inserted: (1) in subsection (k), in the matter preceding paragraph (1), by striking "or (3)" and inserting "(3), (5), or (7)"; and
Inserted: (2) by adding at the end the following:
Inserted: "(o) At the time a petition is filed for classification under section 203(b)(5), if the approval of such petition would make a visa immediately available to the alien beneficiary, the alien beneficiary's application for adjustment of status under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition.".
Original wording
Beginning on page 1869, strike line 22 and all that follows through page 1910, line 5, and insert the following:
Change 2: Replaces “Inspector Generals” with “Inspectors General”
[struck: Inspector Generals][inserted: Inspectors General]Original wording
On page 892, lines 14 and 15, strike “Inspector Generals” and insert “Inspectors General”.
Change 3: Replaces “migrant” with “alien”
[struck: migrant][inserted: alien]Original wording
On page 940, line 23, strike “migrant” and insert “alien”.
Change 4: Replaces “migrant” with “alien”
[struck: migrant][inserted: alien]Original wording
On page 941, line 3, strike “migrant” and insert “alien”.
Change 5: Replaces “migrant” with “alien”
[struck: migrant][inserted: alien]Original wording
On page 941, line 13, strike “migrant” and insert “alien”.
Change 6: Replaces “migrant” with “alien”
[struck: migrant][inserted: alien]Original wording
On page 941, line 14, strike “migrant” and insert “alien”.
Change 7: Replaces “migrant” with “alien”
[struck: migrant][inserted: alien]Original wording
On page 941, line 17, strike “migrant” and insert “alien”.
Change 8: Replaces “migrants” with “aliens”
[struck: migrants][inserted: aliens]Original wording
On page 942, line 6, strike “migrants” and insert “aliens”.
Change 9: Replaces “migrant” with “alien”
[struck: migrant][inserted: alien]Original wording
On page 942, line 14, strike “migrant” and insert “alien”.
Change 10: Replaces “migrant” with “alien”
[struck: migrant][inserted: alien]Original wording
On page 942, line 16, strike “migrant” and insert “alien”.
Change 11: Replaces “(3)(2)” with “(3)(1)”
[struck: (3)(2)][inserted: (3)(1)]Original wording
On page 990, line 24, strike “(3)(2)” and insert “(3)(1)”.
Change 12: Replaces “12102(2)” with “12102(1)”
[struck: 12102(2)][inserted: 12102(1)]Original wording
On page 991, line 1, strike “12102(2)” and insert “12102(1)”.
Change 13: Inserts “is not represented or” after “applicant”
…applicant[inserted: is not represented or]…
Original wording
On page 1043, line 18, insert “is not represented or” after “applicant”.
Change 14: Rewrites page 1162, lines 7–11
ReplacesPrinted pageRemoves page 1162, lines 7–11 of the printed bill. See that page
Inserted: (B) has been lawfully present in the United States, in a status that allows for employment authorization, for a continuous period of not less than 10 years, not counting brief, casual, and innocent absences.
Original wording
On page 1162, strike lines 7 through 11 and insert the following:
Change 15: Replaces “the effective date specified in section 2307(a)(3) of this Act” with “the date of the enactment of the Border Security, Economic Opportunity, and Immigration M…”
[struck: the effective date specified in section 2307(a)(3) of this Act][inserted: the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act]Original wording
On page 1163, lines 1 and 2, strike “the effective date specified in section 2307(a)(3) of this Act” and insert “the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act”.
Change 16: Inserts “or lawful permanent resident” after “citizen”
…citizen[inserted: or lawful permanent resident]…
Original wording
On page 1181, line 12, insert “or lawful permanent resident” after “citizen”.
Change 17: Inserts “or lawful permanent residence” after “citizenship”
…citizenship[inserted: or lawful permanent residence]…
Original wording
On page 1181, line 20, insert “or lawful permanent residence” after “citizenship”.
Change 18: Replaces “minute” with “day”
[struck: minute][inserted: day]Original wording
On page 1187, line 2, strike “minute” and insert “day”.
Change 19: Rewrites page 1191, lines 14–16
ReplacesPrinted pageRemoves page 1191, lines 14–16 of the printed bill. See that page
Inserted: (iii) by amending subsection (h) to read as follows:
Inserted: "(h) Survival of Rights to Petition.--The legal termination of a marriage may not be the sole basis for revocation under section 205 of a petition filed under subsection (a)(1)(C) pursuant to conditions described in subsection (a)(1)(C)(i). Remarriage of an alien whose petition was approved under subsection (a)(1)(C) or marriage of an alien described in subparagraphs (D) or (F) of subsection (a)(1) shall not be the basis for revocation of a petition approval under section 205.".
Original wording
On page 1191, strike lines 14 through 16 and insert the following:
Change 20: Replaces “(1)(A)” with “(1)(B)”
[struck: (1)(A)][inserted: (1)(B)]Original wording
On page 1198, line 24, strike “(1)(A)” and insert “(1)(B)”.
Change 21: Replaces “2212(d)” with “2212(b)”
[struck: 2212(d)][inserted: 2212(b)]Original wording
On page 1200, line 9, strike “2212(d)” and insert “2212(b)”.
Change 22: Replaces “the United States” with “a State”
[struck: the United States][inserted: a State]Original wording
On page 1214, line 25, strike “the United States” and insert “a State”.
Change 23: Inserts “Federal” after “any”
…any[inserted: Federal]…
Original wording
On page 1220, line 13, insert “Federal” after “any”.
Change 24: Replaces “institutions” with “instruction”
[struck: institutions][inserted: instruction]Original wording
On page 1277, line 23, strike “institutions” and insert “instruction”.
Change 25: Replaces “DIRECTORS” with “TRUSTEES”
[struck: DIRECTORS][inserted: TRUSTEES]Original wording
On page 1287, line 1, strike “DIRECTORS” and insert “TRUSTEES”.
Change 26: Replaces “DIRECTORS” with “TRUSTEES”
[struck: DIRECTORS][inserted: TRUSTEES]Original wording
On page 1287, line 4, strike “DIRECTORS” and insert “TRUSTEES”.
Change 27: Replaces “directors” with “trustees”
[struck: directors][inserted: trustees]Original wording
On page 1287, line 10, strike “directors” and insert “trustees”.
Change 28: Replaces “directors” with “trustees”
[struck: directors][inserted: trustees]Original wording
On page 1287, lines 10 and 11, strike “directors” and insert “trustees”.
Change 29: Replaces “Secretary” with “Attorney General”
[struck: Secretary][inserted: Attorney General]Original wording
On page 1358, lines 1 and 2, strike “Secretary” and insert “Attorney General”.
Change 30: Rewrites page 1612, lines 3–6
ReplacesPrinted pageRemoves page 1612, lines 3–6 of the printed bill. See that page
Inserted: (2)(A) An enforcement action may not take place at, or be focused on, a sensitive location except--
Inserted: (i) under exigent circumstances; or
Inserted: (ii) if prior approval is obtained.
Original wording
On page 1612, strike lines 3 through 6 and insert the following:
Change 31: Replaces “clause (iv) or (v)” with “clause (iii), (iv), or (v)”
[struck: clause (iv) or (v)][inserted: clause (iii), (iv), or (v)]Original wording
On page 1736, line 4, strike “clause (iv) or (v)” and insert “clause (iii), (iv), or (v)”.
Change 32: Replaces “F-1 VISA FEE” with “F-1 VISA ADMISSION FEE”
[struck: F-1 VISA FEE][inserted: F-1 VISA ADMISSION FEE]Original wording
On page 1744, line 17, strike “F-1 VISA FEE” and insert “F-1 VISA ADMISSION FEE”.
Change 33: Replaces “Fees” with new text
Struck: Fees
Inserted: (2) Deposit.--Fees
Original wording
On page 1745, line 1, strike “Fees” and insert the following:
Change 34: Strikes page 1745, lines 6–17
StrikesPrinted pageRemoves page 1745, lines 6–17 of the printed bill. See that page
Original wording
On page 1745, strike lines 6 through 17.
Change 35: Replaces “B VISA FEE” with “B VISA ADMISSION FEE”
[struck: B VISA FEE][inserted: B VISA ADMISSION FEE]Original wording
On page 1783, line 21, strike “B VISA FEE” and insert “B VISA ADMISSION FEE”.
Change 36: Replaces “B Visa Fee” with “B Visa Admission Fee”
[struck: B Visa Fee][inserted: B Visa Admission Fee]Original wording
On page 1784, line 1, strike “B Visa Fee” and insert “B Visa Admission Fee”.
Change 37: Replaces “Fee” with “Admission fee”
[struck: Fee][inserted: Admission fee]Original wording
On page 1793, line 7, strike “Fee” and insert “Admission fee”.
Change 38: Replaces “application” with “applicable”
[struck: application][inserted: applicable]Original wording
On page 1853, line 4, strike “application” and insert “applicable”.
Change 39: Replaces “or” with “of”
[struck: or][inserted: of]Original wording
On page 1855, line 7, strike “or” and insert “of”.
Change 40: Strikes page 1855, line 11
StrikesPrinted pageRemoves page 1855, line 11 of the printed bill. See that page
Original wording
On page 1855, strike line 11.
Change 41: Replaces “(dd)” with “(cc)”
[struck: (dd)][inserted: (cc)]Original wording
On page 1855, line 12, strike “(dd)” and insert “(cc)”.
Change 42: Replaces “(ee)” with “(dd)”
[struck: (ee)][inserted: (dd)]Original wording
On page 1855, line 14, strike “(ee)” and insert “(dd)”.
Change 43: Inserts “business” before “entity”
…[inserted: business ]entity…
Original wording
On page 1855, line 17, insert “business” before “entity”.
Change 44: Replaces “(ff)” with “(ee)”
[struck: (ff)][inserted: (ee)]Original wording
On page 1855, line 18, strike “(ff)” and insert “(ee)”.
Change 45: Replaces “(gg)” with “(ff)”
[struck: (gg)][inserted: (ff)]Original wording
On page 1855, line 21, strike “(gg)” and insert “(ff)”.
Change 46: Replaces “(ff)” with “(ee)”
[struck: (ff)][inserted: (ee)]Original wording
On page 1855, line 23, strike “(ff)” and insert “(ee)”.
Change 47: Rewrites page 1861, lines 4–7
ReplacesPrinted pageRemoves page 1861, lines 4–7 of the printed bill. See that page
Inserted: (III) is managed by an investment adviser (as defined in section 202(a)(11) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(11))) that--
Original wording
On page 1861, strike lines 4 through 7 and insert the following:
Change 48: Replaces “includes the position of” with “shall include such positions as”
[struck: includes the position of][inserted: shall include such positions as]Original wording
On page 1862, lines 6 and 7, strike “includes the position of” and insert “shall include such positions as”.
Change 49: Inserts “interest” after “ownership”
…ownership[inserted: interest]…
Original wording
On page 1864, line 5, insert “interest” after “ownership”.
Change 50: Replaces “devoted” with “made”
[struck: devoted][inserted: made]Original wording
On page 1864, line 16, strike “devoted” and insert “made”.
Change 51: Replaces “to” with “in”
[struck: to][inserted: in]Original wording
On page 1864, line 19, strike “to” and insert “in”.
Change 52: Inserts “, the alien's United States business entity” after “date”
…date[inserted: , the alien's United States business entity]…
Original wording
On page 1865, line 2, insert “, the alien's United States business entity” after “date”.
Change 53: Replaces “devoted” with “made”
[struck: devoted][inserted: made]Original wording
On page 1866, line 9, strike “devoted” and insert “made”.
Change 54: Replaces “to” with “in”
[struck: to][inserted: in]Original wording
On page 1866, line 12, strike “to” and insert “in”.
Change 55: Inserts “, the alien's United States business entity” after “date”
…date[inserted: , the alien's United States business entity]…
Original wording
On page 1866, line 19, insert “, the alien's United States business entity” after “date”.
Change 56: Rewrites page 883, lines 19–22
ReplacesPrinted pageRemoves page 883, lines 19–22 of the printed bill. See that page
Inserted: funding level provided in this Act;
Inserted: (xviii) costs to the Judiciary estimated to be caused by the implementation of this Act and the amendments made by this Act, as the Secretary and the Judicial Conference of the United States shall jointly determine in consultation with the Attorney General; and
Inserted: (xix) the operations and maintenance costs associated with the implementation of clauses (i) through (xvii).
Original wording
On page 883, strike lines 19 through 22 and insert the following:
Change 57: Replaces “Not less than 90 percent of the amounts made available under section 6(a)(3)(C)(ii) shall…” with “Grants under this subsection shall be allocated based on sector-specific border risk meth…”
[struck: Not less than 90 percent of the amounts made available under section 6(a)(3)(C)(ii) shall be allocated for grants and reimbursements to law enforcement agencies in the States in the Southwest border region for personnel, overtime, travel, and other costs related to combating illegal immigration][inserted: Grants under this subsection shall be allocated based on sector-specific border risk methodology, based on factors including threat, vulnerability, miles of border, and other border-specific information.]Original wording
On page 903, lines 5 through 12, strike “Not less than 90 percent of the amounts made available under section 6(a)(3)(C)(ii) shall be allocated for grants and reimbursements to law enforcement agencies in the States in the Southwest border region for personnel, overtime, travel, and other costs related to combating illegal immigration” and insert the following: “Grants under this subsection shall be allocated based on sector-specific border risk methodology, based on factors including threat, vulnerability, miles of border, and other border-specific information.”.
Change 58: Replaces “(d)” with new text
Struck: (d)
Inserted: (d) Donations for Land Ports of Entry Facilities.--
Inserted: (1) Donations permitted.--Notwithstanding any other provision of law, including chapter 33 of title 40, United States Code, the Secretary, for purposes of constructing, altering, operating, or maintaining a new or existing land port of entry facility, may accept donations of real and personal property (including monetary donations) and nonpersonal services from private parties and State and local government entities.
Inserted: (2) Allowable uses of donations.--The Secretary, with respect to any donation provided pursuant to paragraph (1), may--
Inserted: (A) use such property or services for necessary activities related to the construction, alteration, operation, or maintenance of a new or existing land port of entry facility under the custody and control of the Secretary, including expenses related to--
Inserted: (i) land acquisition, design, construction, repair and alteration;
Inserted: (ii) furniture, fixtures, and equipment;
Inserted: (iii) the deployment of technology and equipment; and
Inserted: (iv) operations and maintenance; or
Inserted: (B) transfer such property or services to the Administrator of General Services for necessary activities described in paragraph (1) related to a new or existing land port of entry facility under the custody and control of the Administrator.
Inserted: (3) Evaluation procedures.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall establish procedures for evaluating a proposal submitted by any person described in paragraph (1) to make a donation of real or personal property (including monetary donations) or nonpersonal services to facilitate the construction, alteration, operation, or maintenance of a new or existing land port of entry facility under the custody and control of the Secretary.
Inserted: (4) Considerations.--In determining whether or not to approve a proposal described in paragraph (3), the Secretary or the Administrator shall consider--
Inserted: (A) the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border;
Show 28 more inserted paragraphsShow less
Inserted: (B) the potential of the proposal to increase trade and travel efficiency through added capacity;
Inserted: (C) the potential of the proposal to enhance the security of the port of entry; and
Inserted: (D) other factors that the Secretary determines to be relevant.
Inserted: (5) Consultation.--
Inserted: (A) Locations for new ports of entry.--The Secretary is encouraged to consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of State, the International Boundary and Water Commission, and appropriate representatives of States, local governments, Indian tribes, and property owners--
Inserted: (i) to determine locations for new ports of entry; and
Inserted: (ii) to minimize the adverse impacts from such ports on the environment, historic and cultural resources, commerce, and the quality of life for the communities and residents located near such ports.
Inserted: (B) Savings provision.--Nothing in this paragraph may be construed--
Inserted: (i) to create any right or liability of the parties described in subparagraph (A); and
Inserted: (ii) to affect any consultation requirement under any other law.
Inserted: (6) Supplemental funding.--Property (including monetary donations) and services provided pursuant to paragraph (1) may be used in addition to any other funding (including appropriated funds), property, or services made available for the same purpose.
Inserted: (7) Unconditional donations.--A donation provided pursuant to paragraph (1) shall be made unconditionally, although the donor may specify--
Inserted: (A) the land port of entry facility or facilities to be benefitted from such donation; and
Inserted: (B) the timeframe during which the donated property or services shall be used.
Inserted: (8) Return of donations.--If the Secretary or the Administrator does not use the property or services donated pursuant to paragraph (1) for the specific land port of entry facility or facilities designated by the donor or within the timeframe specified by the donor, such donated property or services shall be returned to the entity that made the donation. No interest shall be owed to the donor with respect to any donation of funding provided under paragraph (1) that is returned pursuant to this paragraph.
Inserted: (9) Report.--
Inserted: (A) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary, in consultation with the Administrator, shall submit a report to the congressional committees listed in subparagraph (B) that describes--
Inserted: (i) the accepted donations received under this subsection;
Inserted: (ii) the ports of entry that received such donations; and
Inserted: (iii) how each donation helped facilitate the construction, alteration, operation, or maintenance of a new or existing land port of entry.
Inserted: (B) Congressional committees.--The congressional committees listed in this subparagraph are--
Inserted: (i) the Committee on Appropriations of the Senate;
Inserted: (ii) the Committee on Homeland Security and Governmental Affairs of the Senate;
Inserted: (iii) the Committee on Finance of the Senate;
Inserted: (iv) the Committee on Appropriations of the House of Representatives;
Inserted: (v) the Committee on Homeland Security of the House of Representatives; and
Inserted: (vi) the Committee on Ways and Means of the House of Representatives.
Inserted: (10) Savings provision.--Nothing in this subsection may be construed to affect or alter the existing authority of the Secretary or the Administrator of General Services to construct, alter, operate, and maintain land port of entry facilities.
Original wording
On page 905, line 10, strike “(d)” and insert the following:
Change 59: Inserts new text on page 908, between lines 7 and 8
InsertsPrinted pageInserted: (e) Border Enforcement Security Task Force.--
Inserted: (1) In general.--The Secretary shall enhance law enforcement preparedness and operational readiness in the Southwest border region by expanding the Border Enforcement Security Task Force (referred to in this section as "BEST"), established under section 432 of the Homeland Security Act of 2002 (6 U.S.C. 240).
Inserted: (2) Units to be expanded.--The Secretary shall expand the BEST units operating on the date of the enactment of this Act in New Mexico, Texas, Arizona, and California by increasing the funding available for operational, administrative, and technological costs associated with the participation of Federal, State, local, and tribal law enforcement agencies in BEST.
Inserted: (3) Funding.--There are authorized to be appropriated, from the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1), such sums as may be necessary to carry out this subsection.
Original wording
On page 908, between lines 7 and 8, insert the following:
Change 60: Adds SEC. 1122. BORDER INFECTIOUS DISEASE SURVEILLANCE PROJECT on page 942, between lines 17 and 18
Adds a sectionPrinted pageInserted: SEC. 1122. BORDER INFECTIOUS DISEASE SURVEILLANCE PROJECT.
Inserted: (a) Funding for Border States.--Of the amount in the Comprehensive Immigration Reform Trust Fund established by section 6(a), $5,000,000 shall be made available to health authorities of States along the Northern border or the Southern border to strengthen the Border Infectious Disease Surveillance project.
Inserted: (b) Use of Funds.--Amounts made available under subsection (a) shall be used to implement priority surveillance, epidemiology, and preparedness activities in the regions along the Northern border or the Southern border to respond to potential outbreaks and epidemics, including those caused by potential bioterrorism agents.
Inserted: (c) Allocation of Funds.--Of the amounts made available under subsection (a)--
Inserted: (1) $1,500,000 shall be made available to States along the Northern border, which may use the infrastructure of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services; and
Inserted: (2) $3,500,000 shall be made available to States along the Southern border.
Original wording
On page 942, between lines 17 and 18, insert the following:
Change 61: Adds SEC. 1123. BETTER ENFORCEMENT THROUGH TRANSPARENCY AND ENHANCED REPORTING ON THE BORDER ACT on page 942, between lines 17 and 18
Adds a sectionPrinted pageInserted: SEC. 1123. BETTER ENFORCEMENT THROUGH TRANSPARENCY AND ENHANCED REPORTING ON THE BORDER ACT.
Inserted: (a) Short Title.--This section may be cited as the "Better Enforcement Through Transparency and Enhanced Reporting on the Border Act" or the "BETTER Border Act".
Inserted: (b) Office of Homeland Security Statistics.--
Inserted: (1) Establishment.--There is established within the Department an Office of Homeland Security Statistics (referred to in this section as the "Office"), which shall be headed by a Director.
Inserted: (2) Transfer of functions.--
Inserted: (A) Abolishment of office of immigration statistics.--The Office of Immigration Statistics of the Department is abolished.
Inserted: (B) Transfer of functions.--All functions and responsibilities of the Office of Immigration Statistics as of the day before the date of the enactment of this Act, including all of the personnel, assets, components, authorities, programs, and liabilities of the Office of Immigration Statistics, are transferred to the Office of Homeland Security Statistics.
Inserted: (3) Duties.--The Director of the Office shall--
Inserted: (A) collect information from agencies of the Department, including internal databases used to--
Inserted: (i) undertake border inspections;
Inserted: (ii) identify visa overstays;
Inserted: (iii) undertake immigration enforcement actions; and
Show 74 more inserted paragraphsShow less
Inserted: (iv) grant immigration benefits;
Inserted: (B) produce the annual report required to be submitted to Congress under subsection (c); and
Inserted: (C) collect the information described in section 103(d) of the Immigration and Nationality Act (8 U.S.C. 1103(d)) and disseminate such information to Congress and to the public;
Inserted: (D) produce any other reports and conduct any other work that the Office of Immigration Statistics was required to produce or conduct before the date of the enactment of this Act; and
Inserted: (E) produce such other reports or conduct such other work as the Secretary determines to be necessary.
Inserted: (4) Intradepartmental data sharing.--Agencies and offices of the Department shall share any data that is required to comply with this section.
Inserted: (5) Consultation.--In carrying out this subsection, the Director of the Office shall consult with the Ombudsman for Immigration Related Concerns to the greatest extent practicable.
Inserted: (6) Placement.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall notify Congress where the Office has been established within the Department.
Inserted: (7) Conforming amendment.--Section 103(d) (8 U.S.C. 1103(d)) is amended by striking "Commissioner" and inserting "Director of the Office of Homeland Security Statistics".
Inserted: (c) Report on Performance Metrics.--
Inserted: (1) In general.--In addition to any reports required to be produced by the Office of Immigration Statistics before the date of enactment of this Act, the Director, on an annual basis, shall submit to Congress a report on performance metrics that will enable--
Inserted: (A) the Department to develop an understanding of--
Inserted: (i) the security of the border;
Inserted: (ii) efforts to enforce immigration laws within the United States; and
Inserted: (iii) the overall working of the immigration system; and
Inserted: (B) policy makers, including Congress--
Inserted: (i) to make more effective investments in order to secure the border;
Inserted: (ii) to enforce the immigration laws of the United States; and
Inserted: (iii) to ensure that the Federal immigration system is working efficiently at every level.
Inserted: (2) Contents.--The report required under paragraph (1) shall contain outcome performance measures, for the year covered by the report, including--
Inserted: (A) for the areas between ports of entry--
Inserted: (i) the estimated number of attempted illegal entries, the estimated number of successful entries, and the number of apprehensions, categorized by sector;
Inserted: (ii) the number of individuals that attempted to cross the border and information concerning how many times individuals attempted to cross, categorized by sector;
Inserted: (iii) the number of individuals returned to Mexico voluntarily, criminally prosecuted, and receiving any other form of sanctions, categorized by sector; and
Inserted: (iv) the recidivism rates for all classes of individuals apprehended, including individuals returned to Mexico voluntarily, criminally prosecuted, and receiving any other form of sanctions, categorized by sector;
Inserted: (B) for ports of entry--
Inserted: (i) the estimated number of attempted illegal entries, the number of apprehensions, and the estimated number of successful entries, categorized by field office; and
Inserted: (ii) information compiled based on random samples of secondary inspections, including estimates of the effectiveness of inspectors in identifying civil and criminal immigration and customs violations, categorized by field office; and
Inserted: (iii) enforcement outcomes for individuals denied admission, including the number of--
Inserted: (I) individuals allowed to withdraw their application for admission or voluntarily return to their country of origin;
Inserted: (II) individuals referred for criminal prosecution; and
Inserted: (III) individuals receiving any other form of administrative sanction;
Inserted: (C) for visa overstays--
Inserted: (i) the number of people that overstay the terms of their admission into the United States, categorized by--
Inserted: (I) nationality;
Inserted: (II) type of visa or entry; and
Inserted: (III) length of time an individual overstayed, including--
Inserted: (aa) the number of individuals who overstayed less than 180 days;
Inserted: (bb) the number of individuals who overstayed less than 1 year; and
Inserted: (cc) the number of individuals who overstayed for 1 year or longer; and
Inserted: (ii) estimates of the total number of unauthorized aliens in the United States that entered legally and overstayed the terms of their admission;
Inserted: (D) for interior enforcement--
Inserted: (i) the number of arrests made by U.S. Immigration and Customs Enforcement for civil violations of immigration laws and the number of arrests made for criminal violations, categorized by Special Agent in Charge field office;
Inserted: (ii) the legal basis for the arrests pursuant to criminal statutes described in clause (i);
Inserted: (iii) the ultimate disposition of the arrests described in clause (i);
Inserted: (iv) the overall number of removals and the number of removals, by nationality;
Inserted: (v) the overall average length of detention and the length of detention, by nationality; and
Inserted: (vi) the number of referrals from U.S. Citizenship and Immigration Services to Immigration and Customs Enforcement, and the ultimate outcome of these referrals, including how many resulted in removal proceedings;
Inserted: (E) for immigration benefits--
Inserted: (i) the number of applications processed, rejected, and accepted each year for all categories of immigration benefits, categorized by visa type;
Inserted: (ii) the mean and median processing times for all categories of immigration benefits, categorized by visa type; and
Inserted: (iii) data relating to fraud uncovered in applications for all categories of immigration benefits, categorized by visa type; and
Inserted: (F) for the Employment Verification System established under section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a)--
Inserted: (i) the total number of tentative nonconfirmations (further action notices);
Inserted: (ii) the number of tentative nonconfirmations issued to workers who were subsequently found to be authorized for employment in the United States;
Inserted: (iii) the total number of final nonconfirmations;
Inserted: (iv) the number of final nonconfirmations issued to workers who were subsequently found to be authorized for employment in the United States;
Inserted: (v) the total number of confirmations; and
Inserted: (vi) the estimated number of confirmations issued to unauthorized workers.
Inserted: (d) Early Warning System.--Using the data collected by the Office under this section, the Secretary shall establish an early warning system to estimate future illegal immigration, which shall monitor the outcome performance measures described in subsection (c)(2), along with political, economic, demographic, law enforcement, and other trends that may affect such outcomes.
Inserted: (e) Systematic Modeling of Illegal Immigration Trends.--The Secretary shall provide for the systematic modeling of illegal immigration trends to develop forecast models of illegal immigration flows and estimates for the undocumented population residing within the United States.
Inserted: (f) External Review of Homeland Security Data.--
Inserted: (1) In general.--The Secretary, in consultation with the National Academy of Sciences, shall make raw data collected by the Department, including individual-level data subject to the requirements in paragraph (3), on border security, immigration enforcement, and immigration benefits available for research on immigration trends, to--
Inserted: (A) appropriate academic institutions and centers of excellence;
Inserted: (B) the Congressional Research Service; and
Inserted: (C) the Government Accountability Office.
Inserted: (2) Public release of data.--The Secretary shall ensure that data of the Department on border security, immigration enforcement, and immigration benefits is released to the public to the maximum degree permissible under Federal law to increase the confidence of the public in the credibility and objectivity of measurements related to the management and outcomes of immigration and border control processes.
Inserted: (3) Requirements.--In carrying out this subsection, the Secretary, in consultation with the National Academy of Sciences--
Inserted: (A) shall ensure that the data described in paragraphs (1) and (2) is anonymized to safeguard individual privacy;
Inserted: (B) may mask location data below the sector, district field office, or special agent in charge office level to protect national security; and
Inserted: (C) shall not be required to provided classified information to individuals other than to those individuals who have appropriate security clearances.
Inserted: (g) Availability of Funds.--The Secretary may use such sums as may be necessary from the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1)--
Inserted: (1) to establish the Office; and
Inserted: (2) to produce reports related to securing the border and enforcing the immigration laws of the United States.
Original wording
On page 942, between lines 17 and 18, insert the following:
Change 62: Adds SEC. 1124. BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM on page 942, between lines 17 and 18
Adds a sectionPrinted pageInserted: SEC. 1124. BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM.
Inserted: (a) Short Title.--This section may be cited as the "Bulletproof Vest Partnership Grant Program Reauthorization Act of 2013".
Inserted: (b) Reauthorization.--Section 1001(a)(23) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended by striking "2012" and inserting "2018".
Inserted: (c) Sense of Congress on 5-Year Limitation on Funds.--It is the sense of Congress that amounts made available to carry out part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll et seq.) should be made available through the end of the 4th fiscal year following the fiscal year for which amounts are awarded and should not be made available until expended.
Inserted: (d) Uniquely Fitted Armor Vests.--Section 2501(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll(c)) is amended--
Inserted: (1) in paragraph (2), by striking "and" at the end;
Inserted: (2) in paragraph (3) by striking "; or" and inserting "; and";
Inserted: (3) by redesignating paragraph (4) as paragraph (5); and
Inserted: (4) by inserting after paragraph (3) the following:
Inserted: "(4) provides armor vests to law enforcement officers that are uniquely fitted for such officers, including armor vests uniquely fitted to individual female law enforcement officers; or".
Inserted: SEC. 1125. BORDER CRIME PREVENTION PROGRAM.
Inserted: (a) Grants Authorized.--The Secretary shall establish a Border Crime Prevention Program to assist units of local governments and tribal governments--
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Inserted: (1) to better prevent crime and promote public safety and criminal justice in border areas; and
Inserted: (2) to enhance coordination between Federal and local law enforcement agencies.
Inserted: (b) Application.--Each eligible entity may apply for a grant under this section by submitting an application containing such information as the Secretary may reasonably require.
Inserted: (c) Eligibility.--For purposes of this section, an "eligible entity" includes--
Inserted: (1) any State or unit of local government in the United States, including cities, towns, and counties, that--
Inserted: (A) touches the Southern border or the Northern border; or
Inserted: (B) is located within 100 miles of the Southern border or the Northern border; and
Inserted: (2) tribal governments in the United States that own land that is located within 100 miles of the Southern border or the Northern border.
Inserted: (d) Direct Funding.--Each grant awarded under this section shall be provided directly to the eligible entity that applied for such grant.
Inserted: (e) Uses of Grant Funds.--
Inserted: (1) In general.--Except as provided in paragraph (2), grant funds under this section may be expended--
Inserted: (A) to hire and train additional career law enforcement officers for deployment to the border;
Inserted: (B) to procure equipment, technology, or support systems;
Inserted: (C) to pay for overtime, mileage reimbursements, fuel, and similar costs;
Inserted: (D) to provide specialized training to law enforcement officers;
Inserted: (E) to build or sustain law enforcement facilities or equipment;
Inserted: (F) to provide for first responders and emergency response services;
Inserted: (G) to provide support for local prosecutors and probation officers; and
Inserted: (H) for any other purpose authorized by the Secretary.
Inserted: (2) Limitation.--Grants awarded under this section may not be used to enforce Federal immigration laws.
Inserted: (3) Federal share.--The Federal share of the cost of any activity described in paragraph (1) for which grant funds are expended under this section--
Inserted: (A) shall be 100 percent; and
Inserted: (B) may be used to cover indirect costs.
Inserted: (f) Authorization of Appropriations.--There is authorized to be appropriated, from the Comprehensive Immigration Trust Fund established under section 6(a)(1), $50,000,000 for each of the fiscal years 2014 through 2018 to carry out this section.
Original wording
On page 942, between lines 17 and 18, insert the following:
Change 63: Adds SEC. 1126. TRADE FACILITATION AND SECURITY ENHANCEMENT at the end of title I
Adds a sectionInserted: SEC. 1126. TRADE FACILITATION AND SECURITY ENHANCEMENT.
Inserted: The Secretary shall extend the hours of operation at the port of entry in Santa Teresa, New Mexico, to 24 hours a day--
Inserted: (1) for private vehicles, not later than 180 days after the date of the enactment of this Act; and
Inserted: (2) for commercial vehicles, not later than 1 year after the date of the enactment of this Act.
Original wording
At the end of title I, add the following:
Change 64: Adds SEC. 1127. MARITIME BORDER SECURITY ENHANCEMENTS at the end of title I
Adds a sectionInserted: SEC. 1127. MARITIME BORDER SECURITY ENHANCEMENTS.
Inserted: (a) In General.--The Commissioner of U.S. Customs and Border Protection, working through the Office of Air and Marine, shall --
Inserted: (1) acquire and deploy such additional vessels and aircraft as may be necessary to provide for enhanced maritime border security along--
Inserted: (A) the coastal areas of the Southeastern United States, including Florida, Puerto Rico, and the Gulf Coast; and
Inserted: (B) the California coast;
Inserted: (2) increase unarmed, unmanned aircraft deployments to the Caribbean region;
Inserted: (3) acquire, upgrade, and maintain sensor systems for the aircraft and vessel fleet;
Inserted: (4) increase air and maritime patrols to gain and enhance maritime domain awareness;
Inserted: (5) increase and upgrade facilities as necessary to accommodate personnel and asset needs;
Inserted: (6) perform whatever additional maintenance as may be necessary to preserve the operational capability of any additional air or marine assets;
Inserted: (7) modernize and appropriately staff the Air and Marine Operations Center in order to enhance maritime domain awareness; and
Inserted: (8) hire and deploy such personnel as may be necessary to provide maritime border security along--
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Inserted: (A) the coastal areas of the Southeastern United States, including Florida, Puerto Rico, and the Gulf Coast; and
Inserted: (B) the California coast.
Inserted: (b) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated, to U.S. Customs and Border Protection, such sums as may be necessary to carry out subsection (a) during fiscal years 2014 through 2018.
Original wording
At the end of title I, add the following:
Change 65: Adds SEC. 1128. PREVENTING UNAUTHORIZED IMMIGRATION TRANSITING THROUGH MEXICO at the end of title I
Adds a sectionInserted: SEC. 1128. PREVENTING UNAUTHORIZED IMMIGRATION TRANSITING THROUGH MEXICO.
Inserted: (a) In General.--The Secretary of State, in coordination with the Secretary, shall develop and submit to Congress a strategy to address the unauthorized immigration of individuals who transit through Mexico to the United States.
Inserted: (b) Requirements.--The strategy developed under subsection (a) shall include specific steps--
Inserted: (1) to enhance the training, resources, and professionalism of border and law enforcement officials in Mexico, Honduras, El Salvador, Guatemala, and other countries, as appropriate; and
Inserted: (2) to educate nationals of the countries described in paragraph (1) about the perils of the journey to the United States, including how this Act will increase the likelihood of apprehension, increase criminal penalties associated with illegal entry, and make finding employment in the United States more difficult.
Inserted: (c) Implementation of Strategy.--In carrying out the strategy developed under subsection (a)--
Inserted: (1) the Secretary, in conjunction with the Secretary of State, shall produce an educational campaign and disseminate information about the perils of the journey across Mexico, the likelihood of apprehension, and the difficulty of finding employment in the United States; and
Inserted: (2) the Secretary of State, in coordination with the Secretary, shall offer--
Inserted: (A) training to border and law enforcement officials to enable these officials to operate more effectively, by using, to the greatest extent practicable, Department personnel to conduct the training; and
Inserted: (B) technical assistance and equipment to border officials, including computers, document readers, and other forms of technology that may be needed, as appropriate.
Inserted: (d) Availability of Funds.--The Secretary may use such sums as are necessary from the Comprehensive Immigration Trust Fund established under section 6(a)(1) to carry out this section.
Original wording
At the end of title I, add the following:
Change 66: Inserts “or public library” after “organization”
…organization[inserted: or public library]…
Original wording
On page 1021, line 17, insert “or public library” after “organization”.
Change 67: Replaces “Section” with new text
Struck: Section
Inserted: (a) In General.--Section
Original wording
On page 1226, line 3, strike “Section” and insert the following:
Change 68: Inserts new text on page 1226, line 25
InsertsPrinted pageInserted: (b) Recognition of State Court Determinations of Name and Birth Date.--Section 320 (8 U.S.C. 1431) is amended by adding at the end the following:
Inserted: "(c) A Certificate of Citizenship or other Federal document issued or requested to be amended under this section shall reflect the child's name and date of birth as indicated on a birth certificate, certificate of birth facts, certificate of birth abroad, or similar State vital records document issued by the child's State of residence in the United States after the child has been adopted or readopted in that State.".
Original wording
On page 1226, after line 25, add the following:
Change 69: Replaces “and” through line 4 with new text
Struck: and …
Inserted: (14) the National Security Advisor; and
Inserted: (15) the Director of the Institute of Museum and Library Services.
Original wording
On page 1282, beginning on line 3, strike “and” and all that follows through line 4, and insert the following:
Change 70: Replaces “and” through line 25 with new text
Struck: and …
Inserted: (E) community development challenges; and
Inserted: (F) civics education; and
Original wording
On page 1282, beginning on line 24, strike “and” and all that follows through line 25, and insert the following:
Change 71: Replaces “and” through line 23 with new text
Struck: and …
Inserted: (10) awarding grants to State and local governments under section 2538; and
Inserted: (11) entering into agreements with other Federal agencies to promote and assist the eligible organizations and activities.
Original wording
On page 1286, beginning on line 21, strike “and” and all that follows through line 23, and insert the following:
Change 72: Inserts “(as defined in section 2106(b))” before the period at the end
Inserted: (as defined in section 2106(b))
Original wording
On page 1288, line 17, insert “(as defined in section 2106(b))” before the period at the end.
Change 73: Inserts “public libraries,” after “municipalities,”
…municipalities,[inserted: public libraries,]…
Original wording
On page 1293, line 2, insert “public libraries,” after “municipalities,”.
Change 74: Adds SEC. 2554. TREATMENT OF CERTAIN PERSONS AS HAVING SATISFIED ENGLISH AND CIVICS, GOOD MORAL CHARACTER, AND HONORABLE SERVICE AND DISCHARGE REQUIREMENTS FOR NATURALIZATION on page 1300, between lines 11 and 12
Adds a sectionPrinted pageInserted: SEC. 2554. TREATMENT OF CERTAIN PERSONS AS HAVING SATISFIED ENGLISH AND CIVICS, GOOD MORAL CHARACTER, AND HONORABLE SERVICE AND DISCHARGE REQUIREMENTS FOR NATURALIZATION.
Inserted: (a) In General.--Chapter 2 of title III (8 U.S.C. 1421 et seq.) is amended by inserting after section 329A the following:
Inserted: "SEC. 329B. PERSONS WHO HAVE RECEIVED AN AWARD FOR ENGAGEMENT IN ACTIVE COMBAT OR ACTIVE PARTICIPATION IN COMBAT.
Inserted: "(a) In General.--For purposes of naturalization and continuing citizenship under the following provisions of law, a person who has received an award described in subsection (b) shall be treated--
Inserted: "(1) as having satisfied the requirements in sections 312(a), 316(a)(3), and subsections (b)(3), (c), and (e) of section 328; and
Inserted: "(2) under sections 328 and 329, as having served honorably in the Armed Forces for (in the case of section 328) a period or periods aggregating one year, and, if separated from such service, as having been separated under honorable conditions.
Inserted: "(b) Application.--This section shall apply with respect to the following awards from the Armed Forces of the United States:
Inserted: "(1) The Combat Infantryman Badge from the Army.
Inserted: "(2) The Combat Medical Badge from the Army.
Inserted: "(3) The Combat Action Badge from the Army.
Inserted: "(4) The Combat Action Ribbon from the Navy, the Marine Corps, or the Coast Guard.
Inserted: "(5) The Air Force Combat Action Medal.
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Inserted: "(6) Any other award that the Secretary of Defense determines to be an equivalent award for engagement in active combat or active participation in combat.".
Inserted: (b) Clerical Amendment.--The table of contents is amended by inserting after the item relating to section 329A the following:
Inserted: "Sec. 329B. Persons who have received an award for engagement in active combat or active participation in combat.".
Original wording
On page 1300, between lines 11 and 12, insert the following:
Change 75: Inserts “The Commissioner, in consultation with the Secretary, shall establish alternative procedu…” after “eligibility.”
…eligibility.[inserted: The Commissioner, in consultation with the Secretary, shall establish alternative procedures for updating or correcting records maintained by the Commissioner for the purposes of verifying the individual's identity and employment eligibility if the individual resides more than 150 highway miles from the nearest office of the Social Security Administration or in a location that is inaccessible by road from the nearest office of the Social Security Administration.]…
Original wording
On page 1341, line 2, insert “The Commissioner, in consultation with the Secretary, shall establish alternative procedures for updating or correcting records maintained by the Commissioner for the purposes of verifying the individual's identity and employment eligibility if the individual resides more than 150 highway miles from the nearest office of the Social Security Administration or in a location that is inaccessible by road from the nearest office of the Social Security Administration.” after “eligibility.”.
Change 76: Inserts “, in consultation with the Chief Counsel of the Office of Advocacy of the Small Business…” after “Secretary”
…Secretary[inserted: , in consultation with the Chief Counsel of the Office of Advocacy of the Small Business Administration,]…
Original wording
On page 1409, line 1, insert “, in consultation with the Chief Counsel of the Office of Advocacy of the Small Business Administration,” after “Secretary”.
Change 77: Inserts “, conducted in consultation with the Chief Counsel of the Office of Advocacy of the Small…” after “assessment”
…assessment[inserted: , conducted in consultation with the Chief Counsel of the Office of Advocacy of the Small Business Administration,]…
Original wording
On page 1410, line 23, insert “, conducted in consultation with the Chief Counsel of the Office of Advocacy of the Small Business Administration,” after “assessment”.
Change 78: Inserts new text on page 1411, between lines 12 and 13
InsertsPrinted pageInserted: (e) Early Adoption for Small Employers.--
Inserted: (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall create a mobile application and utilize other available smart-phone technology for employers utilizing the System, to encourage small employers to utilize the System prior to the time at which utilization becomes mandatory for all employers.
Inserted: (2) Marketing.--Not later than 1 year after the date of enactment of this Act, the Secretary shall, in consultation with the Administrator of the Small Business Administration, make available marketing and other incentives to small business concerns to encourage small employers to utilize the System prior to the time at which utilization of the System becomes mandatory for all employers.
Original wording
On page 1411, between lines 12 and 13, insert the following:
Change 79: Replaces “(e)” with “(f)”
[struck: (e)][inserted: (f)]Original wording
On page 1411, line 13, strike “(e)” and insert “(f)”.
Change 80: Replaces “(f)” with “(g)”
[struck: (f)][inserted: (g)]Original wording
On page 1413, line 3, strike “(f)” and insert “(g)”.
Change 81: Rewrites page 1455, line 8
ReplacesPrinted pageRemoves page 1455, line 8 of the printed bill. See that page
Inserted: (3) Implementation report.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report the implementation of the biometric exit data system referred to in paragraph (2), the impact of such system on any additional wait times for travelers, and projections for new officer personnel, including U.S. Customs and Border Protection officers.
Inserted: (4) Effectiveness report.--Not later than 3 years after the
Original wording
On page 1455, strike line 8, and insert the following:
Change 82: Adds CHAPTER 1--IMPROVEMENTS TO ASYLUM AND REFUGEE PROGRAMS on page 1469, between lines 4 and 5
Adds a sectionPrinted pageInserted: CHAPTER 1--IMPROVEMENTS TO ASYLUM AND REFUGEE PROGRAMS
Original wording
On page 1469, between lines 4 and 5, insert the following:
Change 83: Adds CHAPTER 2--DOMESTIC REFUGEE RESETTLEMENT on page 1490, between lines 2 and 3
Adds a sectionPrinted pageInserted: CHAPTER 2--DOMESTIC REFUGEE RESETTLEMENT
Inserted: SEC. 3421. SHORT TITLE.
Inserted: This chapter may be cited as the "Domestic Refugee Resettlement Reform and Modernization Act of 2013".
Inserted: SEC. 3422. DEFINITIONS.
Inserted: In this chapter:
Inserted: (1) Community-based organization.--The term "community-based organization" means a nonprofit organization providing a variety of social, health, educational and community services to a population that includes refugees resettled into the United States.
Inserted: (2) Director.--The term "Director" means the Director of the Office of Refugee Resettlement.
Inserted: (3) National resettlement agency.--The term "national resettlement agency" means a voluntary agency contracting with the Department of State to provide sponsorship and initial resettlement services to refugees entering the United States.
Inserted: SEC. 3423. ASSESSMENT OF THE REFUGEE DOMESTIC RESETTLEMENT PROGRAM.
Inserted: (a) In General.--As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the Office of Refugee Resettlement.
Inserted: (b) Matters To Be Studied.--In the study required under subsection (a), the Comptroller General shall determine and analyze--
Inserted: (1) how the Office of Refugee Resettlement defines self-sufficiency and if this definition is adequate in addressing refugee needs in the United States;
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Inserted: (2) the effectiveness of Office of Refugee Resettlement programs in helping refugees to meet self-sufficiency and integration;
Inserted: (3) the Office of Refugee Resettlement's budgetary resources and project the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency and integration;
Inserted: (4) the role of community-based organizations in serving refugees in areas experiencing a high number of new refugee arrivals;
Inserted: (5) how community-based organizations can be better utilized and supported in the Federal domestic resettlement process; and
Inserted: (6) recommended statutory changes to improve the Office of Refugee Resettlement and the domestic refugee program in relation to the matters analyzed under paragraphs (1) through (5).
Inserted: (c) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit the results of the study required under subsection (a) to Congress.
Inserted: SEC. 3424. REFUGEE ASSISTANCE.
Inserted: (a) Assistance Made Available to Secondary Migrants.--Section 412(a)(1) (8 U.S.C. 1522(a)(1)) is amended by adding at the end the following:
Inserted: "(C) When providing assistance under this section, the Director shall ensure that such assistance is provided to refugees who are secondary migrants and meet all other eligibility requirements for such services.".
Inserted: (b) Report on Secondary Migration.--Section 412(a)(3) (8 U.S.C. 1522(a)(3)) is amended--
Inserted: (1) by inserting "(A)" after "(3)";
Inserted: (2) by striking "a periodic" and inserting "an annual"; and
Inserted: (3) by adding at the end the following:
Inserted: "(B) At the end of each fiscal year, the Director shall submit a report to Congress that includes--
Inserted: "(i) States experiencing departures and arrivals due to secondary migration;
Inserted: "(ii) likely reasons for such migration;
Inserted: "(iii) the impact of secondary migration on States hosting secondary migrants;
Inserted: "(iv) the availability of social services for secondary migrants in those States; and
Inserted: "(v) the unmet needs of those secondary migrants.".
Inserted: (c) Amendments to the Social Services Funding.--Section 412(c)(1)(B) (8 U.S.C. 1522(c)(1)(B)) is amended--
Inserted: (1) by inserting "a combination of--" after "based on"; and
Inserted: (2) by striking "the total number" and inserting the following:
Inserted: "(i) the total number"; and
Inserted: (3) by striking the period at the end and inserting a semicolon; and
Inserted: (4) by adding at the end the following:
Inserted: "(ii) the total number of all other eligible populations served by the Office during the period described who are residing in the State as of the beginning of the fiscal year; and
Inserted: "(iii) projections on the number and nature of incoming refugees and other populations served by the Office during the subsequent fiscal year.".
Inserted: (d) Notice and Rulemaking.--Not later than 90 days after the date of the enactment of this Act nor later than 30 days before the effective date set forth in subsection (e), the Director shall--
Inserted: (1) issue a proposed rule for a new formula by which grants and contracts are to be allocated pursuant to the amendments made by subsection (c); and
Inserted: (2) solicit public comment with respect to such proposed rule.
Inserted: (e) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act.
Inserted: SEC. 3425. RESETTLEMENT DATA.
Inserted: (a) In General.--The Director shall expand the Office of Refugee Resettlement's data analysis, collection, and sharing activities in accordance with the requirements set forth in subsections (b) through (e).
Inserted: (b) Data on Mental and Physical Medical Cases.--The Director shall--
Inserted: (1) coordinate with the Centers for Disease Control, national resettlement agencies, community based organizations, and State refugee health programs to track national and State trends on refugees arriving with Class A medical conditions and other urgent medical needs; and
Inserted: (2) in collecting information under this subsection, utilize initial refugee health screening data, including--
Inserted: (A) history of severe trauma, torture, mental health symptoms, depression, anxiety and posttraumatic stress disorder recorded during domestic and international health screenings; and
Inserted: (B) Refugee Medical Assistance utilization rate data.
Inserted: (c) Data on Housing Needs.--The Director shall partner with State refugee programs, community based organizations, and national resettlement agencies to collect data relating to the housing needs of refugees, including--
Inserted: (1) the number of refugees who have become homeless; and
Inserted: (2) the number of refugees who are at severe risk of becoming homeless.
Inserted: (d) Data on Refugee Employment and Self-sufficiency.--The Director shall gather longitudinal information relating to refugee self-sufficiency, integration, and employment status during the 2-year period beginning on the date that is 1 year after the refugees' arrival in the United States.
Inserted: (e) Availability of Data.--The Director shall--
Inserted: (1) annually update the data collected under this section; and
Inserted: (2) submit an annual report to Congress that contains the updated data.
Inserted: SEC. 3426. GUIDANCE REGARDING REFUGEE PLACEMENT DECISIONS.
Inserted: (a) Consultation.--The Secretary of State shall provide guidance to national resettlement agencies and State refugee coordinators on consultation with local stakeholders pertaining to refugee resettlement.
Inserted: (b) Best Practices.--The Secretary of Health and Human Services, in collaboration with the Secretary of State, shall collect best practices related to the implementation of the guidance on stakeholder consultation on refugee resettlement from voluntary agencies and State refugee coordinators and disseminate such best practices to such agencies and coordinators.
Inserted: SEC. 3427. EFFECTIVE DATE.
Inserted: This chapter, and the amendments made by this chapter, shall take effect on the date that is 90 days after the date of the enactment of this Act.
Original wording
On page 1490, between lines 2 and 3, insert the following:
Change 84: Inserts “, in addition to for-profit entities,” before “to conduct”
…[inserted: , in addition to for-profit entities, ]to conduct…
Original wording
On page 1583, line 19, insert “, in addition to for-profit entities,” before “to conduct”.
Change 85: Inserts new text on page 1589, between lines 9 and 10
InsertsPrinted pageInserted: (f) Cost Effectiveness in Detention Facility Contracting.--The Director of U.S. Immigration and Customs Enforcement shall take appropriate measures to minimize, and if possible reduce, the daily bed rate charged to the Federal Government through a competitive process in contracting for or otherwise obtaining detention beds while ensuring that the most recent detention standards, including health standards, and management practices employed by the agency are met.
Original wording
On page 1589, between lines 9 and 10, insert the following:
Change 86: Adds SEC. 3722. PROHIBITION ON RESTRAINTS ON PREGNANT DETAINEES on page 1618, between lines 11 and 12
Adds a sectionPrinted pageInserted: SEC. 3722. PROHIBITION ON RESTRAINTS ON PREGNANT DETAINEES.
Inserted: (a) Prohibition on Restraint of Pregnant Detainees.--
Inserted: (1) Prohibition.--A detention facility shall not use restraints on a detainee known to be pregnant, including during labor, transport to a medical facility or birthing center, delivery, and postpartum recovery, unless the facility administrator makes an individualized determination that the detainee presents an extraordinary circumstance as described in paragraph (2).
Inserted: (2) Extraordinary circumstance.--Restraints for an extraordinary circumstance are only permitted if a medical officer has directed the use of restraints for medical reasons or if the facility administrator makes an individualized determination that--
Inserted: (A) credible, reasonable grounds exist to believe the detainee presents an immediate and serious threat of hurting herself, staff or others; or
Inserted: (B) reasonable grounds exist to believe the detainee presents an immediate and credible risk of escape that cannot be reasonably minimized through any other method.
Inserted: (3) Requirement for least restrictive restraints.--In the rare event that one of the extraordinary circumstances in paragraph (2) applies, medical staff shall determine the safest method and duration for the use of restraints and the least restrictive restraints necessary shall be used for a pregnant detainee, except that--
Inserted: (A) if a doctor, nurse, or other health professional treating the detainee requests that restraints not be used, the detention officer accompanying the detainee shall immediately remove all restraints;
Inserted: (B) under no circumstance shall leg or waist restraints be used;
Inserted: (C) under no circumstance shall wrist restraints be used to bind the detainee's hands behind her back; and
Inserted: (D) under no circumstances shall any restraints be used on any detainee in labor or childbirth.
Inserted: (4) Record of extraordinary circumstances.--
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Inserted: (A) Requirement.--If restraints are used on a detainee pursuant to paragraph (2), the facility administrator shall make a written finding within 10 days as to the extraordinary circumstance that dictated the use of the restraints.
Inserted: (B) Retention.--A written find made under subparagraph (A) shall be kept on file by the detention facility for at least 5 years and be made available for public inspection, except that no individually identifying information of any detainee shall be made public without the detainee's prior written consent.
Inserted: (b) Prohibition on Presence of Detention Officers During Labor or Childbirth.--Upon a detainee's admission to a medical facility or birthing center for labor or childbirth, no detention officer shall be present in the room during labor or childbirth, unless specifically requested by medical personnel. If a detention officer's presence is requested by medical personnel, the detention officer shall be female, if practicable. If restraints are used on a detainee pursuant to subsection (a)(2), a detention officer shall remain immediately outside the room at all times so that the officer may promptly remove the restraints if requested by medical personnel, as required by subsection (a)(3)(A).
Inserted: (c) Definitions.--In this section:
Inserted: (1) Detainee.--The term "detainee" includes any adult or juvenile person detained under the Immigration and Nationality Act (8 U.S.C. 1101) or held by any Federal, State, or local law enforcement agency under an immigration detainer.
Inserted: (2) Detention facility.--The term "detention facility" means a Federal, State, or local government facility, or a privately owned and operated facility, that is used, in whole or in part, to hold individuals under the authority of the Director of U.S. Immigration and Customs Enforcement or the Commissioner of U.S. Customs and Border Protection, including facilities that hold such individuals under a contract or agreement with the Director or Commissioner, or that is used, in whole or in part, to hold individuals pursuant to an immigration detainer.
Inserted: (3) Facility administrator.--The term "facility administrator" means the official that is responsible for oversight of a detention facility or the designee of such official.
Inserted: (4) Labor.--The term "labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.
Inserted: (5) Postpartum recovery.--The term "postpartum recovery" mean, as determined by her physician, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after birth.
Inserted: (6) Restraint.--The term "restraint" means any physical restraint or mechanical device used to control the movement of a detainee's body or limbs, including flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain, or a convex shield.
Inserted: (d) Annual Report.--
Inserted: (1) Requirement.--Not later than 30 days before the end of each fiscal year, the facility administrator of each detention facility in whose custody a pregnant detainee had been subject to the use of restraints during the previous fiscal year shall submit to the Secretary a written report that includes an account of every instance of such a use of restraints. No such report may contain any individually identifying information of any detainee.
Inserted: (2) Public inspection.--Each report submitted under paragraph (1) shall be made available for public inspection.
Inserted: (e) Rulemaking.--The Secretary shall adopt regulations or policies to carry out this section at every detention facility.
Original wording
On page 1618, between lines 11 and 12, insert the following:
Change 87: Adds Subtitle I--Resources for Holocaust Survivors at the end of title III
Adds a sectionInserted: Subtitle I--Resources for Holocaust Survivors
Inserted: CHAPTER 1--RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS
Inserted: SEC. 3901. DEFINITION.
Inserted: Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended--
Inserted: (1) in paragraph (24)--
Inserted: (A) in subparagraph (B), by striking "and";
Inserted: (B) in subparagraph (C)(ii), by striking the period at the end and inserting "; and"; and
Inserted: (C) by adding at the end the following:
Inserted: "(D) status as a Holocaust survivor.";
Inserted: (2) by redesignating paragraphs (26) through (54) as paragraphs (27) through (55); and
Inserted: (3) by inserting after paragraph (25) the following:
Inserted: "(26) The term 'Holocaust survivor' means an individual who--
Show 71 more inserted paragraphsShow less
Inserted: "(A)(i) lived in a country between 1933 and 1945 under a Nazi regime, under Nazi occupation, or under the control of Nazi collaborators; or
Inserted: "(ii) fled from a country between 1933 and 1945 under a Nazi regime, under Nazi occupation, or under the control of Nazi collaborators;
Inserted: "(B) was persecuted between 1933 and 1945 on the basis of race, religion, physical or mental disability, sexual orientation, political affiliation, ethnicity, or other basis; and
Inserted: "(C) was a member of a group that was persecuted by the Nazis.".
Inserted: SEC. 3902. ORGANIZATION.
Inserted: Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) is amended--
Inserted: (1) in paragraph (1)(E), by inserting "older individuals who are Holocaust survivors," after "proficiency," each place it appears; and
Inserted: (2) in paragraph (2)(E), by inserting "older individuals who are Holocaust survivors," after "proficiency,".
Inserted: SEC. 3903. AREA PLANS.
Inserted: Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended--
Inserted: (1) in subsection (a)--
Inserted: (A) in paragraph (1), by inserting "older individuals who are Holocaust survivors," after "proficiency," each place it appears;
Inserted: (B) in paragraph (4)--
Inserted: (i) in subparagraph (A)--
Inserted: (I) in clause (i)(I)(bb), by inserting "older individuals who are Holocaust survivors," after "proficiency,"; and
Inserted: (II) in clause (ii), by inserting "older individuals who are Holocaust survivors," after "proficiency," each place it appears;
Inserted: (ii) in subparagraph (B)(i)--
Inserted: (I) in subclause (VI), by striking "and" at the end; and
Inserted: (II) by inserting after subclause (VII) the following:
Inserted: "(VIII) older individuals who are Holocaust survivors; and"; and
Inserted: (iii) in subparagraph (B)(ii), by striking "subclauses (I) through (VI)" and inserting "subclauses (I) through (VIII)"; and
Inserted: (C) in paragraph (7)(B)(iii), by inserting ", in particular, older individuals who are Holocaust survivors," after "placement"; and
Inserted: (2) in subsection (b)(2)(B), by inserting "older individuals who are Holocaust survivors," after "areas,".
Inserted: SEC. 3904. STATE PLANS.
Inserted: Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended--
Inserted: (1) in paragraph (4), by inserting "older individuals who are Holocaust survivors," after "proficiency,";
Inserted: (2) in paragraph (16)--
Inserted: (A) in subparagraph (A)--
Inserted: (i) in clause (v), by striking "and" at the end; and
Inserted: (ii) by adding at the end the following:
Inserted: "(vii) older individuals who are Holocaust survivors; and"; and
Inserted: (B) in subparagraph (B), by striking "clauses (i) through (vi)" and inserting "clauses (i) through (vii)"; and
Inserted: (3) in paragraph (28)(B)(ii), by inserting "older individuals who are Holocaust survivors," after "areas,".
Inserted: SEC. 3905. CONSUMER CONTRIBUTIONS.
Inserted: Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) is amended--
Inserted: (1) in subsection (c)(2), by inserting "older individuals who are Holocaust survivors," after "proficiency,"; and
Inserted: (2) in subsection (d), by inserting "older individuals who are Holocaust survivors," after "proficiency,".
Inserted: SEC. 3906. PROGRAM AUTHORIZED.
Inserted: Section 373(c)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3030s-1(c)(2)(A)) is amended by striking "individuals)" and inserting "individuals and older individuals who are Holocaust survivors)".
Inserted: SEC. 3907. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.
Inserted: Section 721(b)(12) of the Older Americans Act of 1965 (42 U.S.C. 3058i(b)(12)) is amended--
Inserted: (1) in subparagraph (B), by striking "or" at the end;
Inserted: (2) in subparagraph (C), by striking the period at the end and inserting "; or"; and
Inserted: (3) by adding at the end the following:
Inserted: "(D) older individuals who are Holocaust survivors.".
Inserted: CHAPTER 2--FUNCTIONS WITHIN ADMINISTRATION FOR COMMUNITY LIVING TO ASSIST HOLOCAUST SURVIVORS
Inserted: SEC. 3911. DESIGNATION OF INDIVIDUAL WITHIN THE ADMINISTRATION.
Inserted: The Administrator for Community Living is authorized to designate within the Administration for Community Living a person who has specialized training, background, or experience with Holocaust survivor issues to have responsibility for implementing services for older individuals who are Holocaust survivors.
Inserted: SEC. 3912. ANNUAL REPORT TO CONGRESS.
Inserted: The Administrator for Community Living, with assistance from the individual designated under section 3911, shall prepare and submit to Congress an annual report on the status and needs, including the priority areas of concern, of older individuals (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) who are Holocaust survivors.
Inserted: CHAPTER 3--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS
Inserted: SEC. 3921. NUTRITION SERVICES.
Inserted: (a) In General.--Section 339(2) of the Older Americans Act of 1065 (42 U.S.C. 3030g-21(2)) is amended--
Inserted: (1) in subparagraph (A), by amending clause (iii) to read as follows:
Inserted: "(iii) to the maximum extent practicable, are adjusted and appropriately funded to meet any special health-related or other dietary needs of program participants, including needs based on religious, cultural, or ethnic requirements,";
Inserted: (2) in subparagraph (J), by striking ", and" and inserting a comma;
Inserted: (3) in subparagraph (K), by striking the period and inserting ", and"; and
Inserted: (4) by adding at the end the following:
Inserted: "(L) encourages and educates individuals who distribute nutrition services under subpart 2 to engage in conversation with homebound older individuals and to be aware of the warning signs of medical emergencies, injury or abuse in order to reduce isolation and promote well-being.".
Inserted: (b) Study of Nutrition Projects.--Section 317(a)(2) of the Older Americans Act Amendments of 2006 (Public Law 109-365) is amended--
Inserted: (1) in subparagraph (B), by striking "; and" and inserting a semicolon;
Inserted: (2) in subparagraph (C), by striking the period at the end and inserting "; and"; and
Inserted: (3) by adding at the end the following:
Inserted: "(D) an analysis of service providers' abilities to obtain viable contracts for special foods necessary to meet a religious requirement, required dietary need, or ethnic consideration.".
Inserted: CHAPTER 4--TRANSPORTATION
Inserted: SEC. 3931. TRANSPORTATION SERVICES AND RESOURCES.
Inserted: Section 411(a) of the Older Americans Act of 1965 (42 U.S.C. 3032(a)) is amended--
Inserted: (1) by redesignating paragraph (13) as paragraph (14);
Inserted: (2) in paragraph (12), by striking "; and" and inserting a semicolon; and
Inserted: (3) by inserting after paragraph (12) the following:
Inserted: "(13) supporting programs that enable the mobility and self-sufficiency of older individuals with the greatest economic need and older individuals with the greatest social need by providing transportation services and resources; and".
Original wording
At the end of title III, add the following:
Change 88: Adds SEC. 4416. INTERNATIONAL PARTICIPATION IN THE PERFORMING ARTS at the end of subtitle D of title IV
Adds a sectionInserted: SEC. 4416. INTERNATIONAL PARTICIPATION IN THE PERFORMING ARTS.
Inserted: Section 214(c)(6)(D) (8 U.S.C. 1184(c)(6)(D)) is amended--
Inserted: (1) in the first sentence, by inserting "(i)" before "Any person";
Inserted: (2) in the second sentence--
Inserted: (A) by striking "Once" and inserting "Except as provided in clause (ii), once"; and
Inserted: (B) by striking "Attorney General shall" and inserting "Secretary of Homeland Security shall";
Inserted: (3) in the third sentence, by striking "The Attorney General" and inserting "The Secretary"; and
Inserted: (4) by adding at the end the following:
Inserted: "(ii) The Secretary of Homeland Security shall adjudicate each petition for an alien with extraordinary ability in the arts (as described in section 101(a)(15)(O)(i)), an alien accompanying such an alien (as described in clauses (ii) and (iii) of section 101(a)(15)(O)), or an alien described in section 101(a)(15)(P) (other than an alien described in paragraph (4)(A) (relating to athletes)) not later than 14 days after--
Inserted: "(I) the date on which the petitioner submits the petition with a written advisory opinion, letter of no objection, or request for a waiver; or
Inserted: "(II) the date on which the 15-day period described in clause (i) has expired, if the petitioner has had an appropriate opportunity to supply rebuttal evidence.
Inserted: "(iii) If a petition described in clause (ii) is not adjudicated before the end of the 14-day period described in clause (ii) and the petitioner is an arts organization described in paragraph (3), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code for the taxable year preceding the calendar year in which the petition is submitted, or an individual or entity petitioning primarily on behalf of such an organization, the Secretary of Homeland Security shall provide the petitioner with the premium processing services referred to in section 286(u), without a fee.".
Original wording
At the end of subtitle D of title IV, add the following:
Change 89: Adds SEC. 4417. REPORT ON PROCESSING OF VISAS FOR NONIMMIGRANTS AT UNITED STATES EMBASSIES AND CONSULATES at the end of subtitle D of title IV
Adds a sectionInserted: SEC. 4417. REPORT ON PROCESSING OF VISAS FOR NONIMMIGRANTS AT UNITED STATES EMBASSIES AND CONSULATES.
Inserted: (a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on visa processing for nonimmigrants at United States embassies and consulates that--
Inserted: (1) assesses the efforts of the Department of State to expand its capacity for processing of visas for nonimmigrants in the People's Republic of China and Brazil;
Inserted: (2) provides recommendations, if warranted, for improving the effectiveness of those efforts;
Inserted: (3) identifies the challenges to meeting staffing requirements with respect to the processing of visas for nonimmigrants at United States embassies and consulates, including staffing shortages and foreign language proficiency requirements;
Inserted: (4) discusses how those challenges affect the ability of the Department of State to carry out operations relating to the processing of visas for nonimmigrants;
Inserted: (5) describes what actions the Department of State has taken to address those challenges; and
Inserted: (6) provides recommendations, if warranted, for improving the efforts of the Department of State to meet staffing requirements at United States embassies and consulates.
Inserted: (b) Subsequent Report.--Not later than 2 years after submitting the report required by subsection (a), the Comptroller General shall submit to Congress a report assessing the progress made by the Department of State with respect to the matters included in the report required by subsection (a) since the submission of that report.
Original wording
At the end of subtitle D of title IV, add the following:
Change 90: Replaces “each of the most recent 2 years.” with “at least 2 of the most recent 3 years.”
[struck: each of the most recent 2 years.][inserted: at least 2 of the most recent 3 years.]Original wording
On page 1861, beginning on line 24, strike “each of the most recent 2 years.” and insert “at least 2 of the most recent 3 years.”.
Change 91: Rewrites page 1869, line 22 through page 1910, line 5
ReplacesPrinted pageRemoves page 1869, line 22 through page 1910, line 5 of the printed bill. See that page
Inserted: SEC. 4804. PERMANENT AUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM.
Inserted: (a) Repeal.--Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is repealed.
Inserted: (b) Authorization.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)), as amended by sections 2307 and 2308, is further amended by adding at the end the following:
Inserted: "(E) Regional center program.--
Inserted: "(i) In general.--Visas under this paragraph shall be made available to qualified immigrants participating in a program implementing this paragraph that involves a regional center in the United States, which has been designated by the Secretary of Homeland Security, in consultation with the Secretary of Commerce, on the basis of a general proposal for the promotion of economic growth, including--
Inserted: "(I) increased export sales;
Inserted: "(II) improved regional productivity;
Inserted: "(III) job creation; or
Inserted: "(IV) increased domestic capital investment.
Inserted: "(ii) Establishment of a regional center.--A regional center shall have jurisdiction over a defined geographic area, which shall be described in the proposal and consistent with the purpose of concentrating pooled investment in defined economic zones. The establishment of a regional center may be based on general predictions, contained in the proposal, concerning--
Inserted: "(I) the kinds of commercial enterprises that may receive investments from aliens without limiting the scope of regional center activity to any specific industry or industries referenced in the proposal;
Inserted: "(II) the jobs that may be created directly or indirectly as a result of such investments; and
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Inserted: "(III) other positive economic effects such investments may have.
Inserted: "(iii) Indirect job creation.--The Secretary of Homeland Security shall permit immigrants admitted under this paragraph to satisfy the requirements under subparagraph (A)(ii) with jobs that are estimated to be created indirectly through investment under this paragraph in accordance with this subparagraph.
Inserted: "(iv) Compliance.--In determining compliance with subparagraph (A)(ii), the Secretary of Homeland Security shall permit aliens admitted under the program described in this subparagraph to establish reasonable methodologies for determining the number of jobs created by the program, including jobs estimated to have been created indirectly through revenues generated from increased exports, improved regional productivity, job creation, and increased domestic capital investment resulting from the program, including jobs created outside of the geographic boundary of the regional center as a result of the immigrant's investment in regional center associated commercial enterprises.
Inserted: "(v) Amendments.--The Secretary of Homeland Security--
Inserted: "(I) may require approved regional centers to give notice to the Secretary of significant changes to their organization;
Inserted: "(II) may approve or disapprove the changes referred to in subclause (I); and
Inserted: "(III) shall not suspend the Secretary's adjudication of any filings by, or related to, a regional center, including investor petitions under section 203(b)(5), regardless of whether such regional center has given notice to the Secretary pursuant to subclause (I).
Inserted: "(F) Preapproval of business plans for regional center investments.--
Inserted: "(i) Petition.--Before the filing of a petition under this subparagraph by an alien investor, a commercial enterprise associated with a regional center may file a petition with the Secretary of Homeland Security to preapprove a particular investment in the commercial enterprise, as provided in--
Inserted: "(I) a business plan for a specific capital investment project;
Inserted: "(II) investment documents, such as subscription, investment, partnership, and operating agreements; and
Inserted: "(III) a credible economic analysis regarding estimated job creation that is based upon reasonable methodologies.
Inserted: "(ii) Preapproval procedure.--The Secretary shall establish a process to facilitate the preapproval of business plans under this subparagraph related to investment in a regional center commercial enterprise, which shall include an opportunity for the applicant to address and cure any deficiencies identified by the Secretary in the applicant's business plan, investment documents, or statement regarding job creation prior to a final determination. The Secretary shall impose a fee for the use of the process described in this clause sufficient to recover the costs of its administration pursuant to subsections (m) and (n) of section 286.
Inserted: "(iii) Effect of preapproval of business plan for investment in regional center commercial enterprise.--The preapproval of a petition under this subparagraph shall be binding for purposes of the adjudication of subsequent petitions seeking classification under this paragraph by immigrants investing in the same commercial enterprise concerning the same economic activity, and of petitions filed under section 216A, unless the Secretary determines that there is evidence of fraud, misrepresentation, criminal misuse, a threat to national security, a material change that affects the approved economic model, or other evidence affecting program eligibility that was not disclosed by the petitioner during the preapproval process.
Inserted: "(iv) Expedited processing option for alien investor petitions associated with preapproved business plans.--The Secretary may establish a premium processing option for business plan preapproval and for petitions by alien investors who are investing in a commercial enterprise that has received preapproval under this subparagraph pursuant to section 286(u).
Inserted: "(v) Consideration of criminal activity in establishing eligibility criteria.--The Secretary shall consider the potential for fraud, misrepresentation, criminal misuse, and threats to national security in establishing eligibility criteria for any program the Secretary may establish under this subparagraph.
Inserted: "(vi) Effect of prior determinations.--If a commercial enterprise does not file a petition for preapproval under this subparagraph, or files a petition under this subparagraph that is denied, the approval of any of the items described in clause (i) submitted in support of a petition seeking classification of an alien as an alien investor under this paragraph shall be binding for purposes of the adjudication of subsequent petitions seeking classification under this paragraph by aliens investing in the same commercial enterprise concerning the same economic activity, and of petitions filed under section 216A, unless the Secretary determines that there is evidence of fraud, misrepresentation, criminal misuse, a threat to national security, a material change that affects the approved economic model, or evidence affecting program eligibility that was not disclosed.
Inserted: "(G) Regional center financial statements.--
Inserted: "(i) In general.--Each regional center designated under subparagraph (E) shall annually submit, to the Director of U.S. Citizenship and Immigration Services (referred to in this subparagraph as the 'Director'), in a manner prescribed by the Secretary of Homeland Security, financial statements, including--
Inserted: "(I) an accounting of all foreign investor money invested in association with the regional center or associated commercial enterprise; and
Inserted: "(II) for each capital investment project--
Inserted: "(aa) an accounting of the aggregate capital invested in association with the regional center or associated commercial enterprises by immigrants under this paragraph;
Inserted: "(bb) a description of how such funds are being used to execute the approved business plan;
Inserted: "(cc) evidence that 100 percent of such investor funds have been dedicated to the project;
Inserted: "(dd) detailed evidence of the progress made toward the completion of the project;
Inserted: "(ee) an accounting of the aggregate direct and indirect jobs created or preserved; and
Inserted: "(ff) a certification by the regional center that such statements are accurate.
Inserted: "(ii) Amendment of financial statements.--If the Director determines that a financial statement required under clause (i) is deficient, or if the Director otherwise deems appropriate, the Director may require the regional center to amend or supplement such financial statement.
Inserted: "(iii) Sanctions.--
Inserted: "(I) Effect of violation.--If the Director determines that a regional center, director, or other individual involved with a regional center (other than an alien investor) has violated any requirement under clause (i) or that the regional center is conducting itself in a manner inconsistent with its designation, the Director, after giving the regional center an opportunity to rebut the alleged violations, may sanction the violating entity or individual under subclause (II).
Inserted: "(II) Authorized sanctions.--The Director shall establish a graduated set of sanctions for violations referred to in subclause (I), including--
Inserted: "(aa) fines equal to not more than 5 percent of the total capital invested by immigrant investors in the commercial enterprise's approved business plan, the payment of which shall not in any circumstance utilize any of such immigrant investors' capital investment;
Inserted: "(bb) temporary suspension from participation in the program described in subparagraph (E), which may be lifted by the Director if the individual or entity cures the alleged violation after being provided such an opportunity by the Director;
Inserted: "(cc) permanent bar from program participation for 1 or more individuals affiliated with the regional center; and
Inserted: "(dd) termination of regional center status.
Inserted: "(H) Bona fides of persons involved in regional centers or regional center associated commercial enterprises.--
Inserted: "(i) In general.--No person shall be permitted by any regional center or regional center associated commercial enterprise to be involved with the regional center or commercial enterprise as its principal, representative, administrator, owner, officer, board member, manager, executive, general partner, fiduciary, marketer, promoter, or other similar position of substantive authority for the operations, management or promotion of the regional center or commercial enterprise if the Secretary of Homeland Security--
Inserted: "(I) determines such person has been found liable within the previous 5 years for any criminal or civil violation of any law relating to fraud or deceit, or at any time if such violation involved a criminal conviction with a term of imprisonment of at least 1 year or a criminal or civil violation of any law or agency regulation in connection with the purchase or sale of a security, unless the Secretary determines that the past violation should not prevent involvement with the regional center or regional center associated commercial enterprise; or
Inserted: "(II) knows or has reasonable cause to believe that the person is engaged in, has ever been engaged in, or seeks to engage in any--
Inserted: "(aa) illicit trafficking in any controlled substance;
Inserted: "(bb) activity relating to espionage or sabotage;
Inserted: "(cc) activity related to money laundering (as described in section 1956 or 1957 of title 18, United States Code);
Inserted: "(dd) terrorist activity (as defined in clauses (iii) and (iv) of section 212(a)(3)(B));
Inserted: "(ee) human trafficking or human rights offense; or
Inserted: "(ff) violation of any statute, regulation, or Executive Order regarding foreign financial transactions or foreign asset control.
Inserted: "(ii) Information required.--The Secretary shall require such attestations and information, including, the submission of fingerprints to the Federal Bureau of Investigation, and shall perform such criminal record checks and other background checks with respect to a regional center or regional center associated commercial enterprise, and persons involved in a regional center or regional center associated commercial enterprise as described in clause (i), as the Secretary considers appropriate to determine whether the regional center or regional center associated commercial enterprise is in compliance with clause (i). The Secretary may require the information and attestations described in this clause from such regional center or regional center associated commercial enterprise, and any person involved in the regional center or regional center associated commercial enterprise, at any time on or after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.
Inserted: "(iii) Termination.--The Secretary is authorized, in the Secretary's unreviewable discretion, to terminate any regional center or regional center associated commercial enterprise from the program under this paragraph if the Secretary determines that--
Inserted: "(I) the regional center or regional center associated commercial enterprise is in violation of clause (i);
Inserted: "(II) the regional center, a regional center associated commercial enterprise, or any person involved with the regional center or regional center associated commercial enterprise has provided any false attestation or information under clause (ii);
Inserted: "(III) the regional center, regional center associated commercial enterprise, or any person involved with the regional center or regional center associated commercial enterprise, fails to provide an attestation or information requested by the Secretary under clause (ii); or
Inserted: "(IV) the regional center, a regional center associated commercial enterprise, or any person involved with the regional center or regional center associated commercial enterprise is engaged in fraud, misrepresentation, criminal misuse, or threats to national security.
Inserted: "(iv) Treatment of investors if regional center terminated.--An alien who previously invested in a commercial enterprise associated with a regional center that is subsequently terminated under subclause (iii) shall be provided an opportunity to invest in another approved regional center. The termination of the regional center shall not affect the alien's status.
Inserted: "(I) Regional center compliance with securities laws.--
Inserted: "(i) Certification required.--The Secretary of Homeland Security shall not approve an application for regional center designation or regional center amendment that does not certify that the regional center and, to the best knowledge of the applicant, all parties to the regional center are in, and will maintain, compliance with the securities laws of the United States.
Inserted: "(ii) Exception for governmental entity.--If the regional center described in clause (i) is operated by a State or municipal entity, the regional center may obtain the certifications required under subclause (i) for any commercial enterprises associated with the regional center.
Inserted: "(iii) Oversight required.--In furtherance of the certification described in clause (i), any regional center not operated by a State or municipal entity shall monitor and supervise all offers and sales of securities made by associated commercial enterprises to ensure compliance with the securities laws of the United States, and to maintain records, data ,and information relating to all such offers and sales of securities.
Inserted: "(iv) Termination or suspension.--The Secretary shall terminate the designation of any regional center that does not provide the certification described in subclause (i) on an annual basis. In addition to any other authority provided to the Secretary regarding the regional center program described in subparagraph (E), the Secretary may, in his or her unreviewable discretion, suspend or terminate the designation of any regional center if he or she determines that the regional center or any party to the regional center--
Inserted: "(I) is permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction in connection with the purchase or sale of a security;
Inserted: "(II) is subject to any final order of the Securities and Exchange Commission that--
Inserted: "(aa) bars such person from association with an entity regulated by the Securities and Exchange Commission; or
Inserted: "(bb) constitutes a final order based on violations in connection with the purchase or sale of a security; or
Inserted: "(III) knowingly submitted or caused to be submitted a certification described in clause (i) that contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.
Inserted: "(v) Savings provision.--Nothing in this subparagraph may be construed to impair or limit the authority of the Securities and Exchange Commission under the Federal securities laws.
Inserted: "(vi) Defined term.--In this subparagraph, the term 'party to the regional center' includes the regional center, its agents, employees, and attorneys, and any persons in active concert or participation with the regional center.
Inserted: "(J) Denial or revocation.--If the Secretary of Homeland Security determines, in his or her unreviewable discretion, that the approval of a petition, application, or benefit described in this subparagraph is contrary to the national interest of the United States for reasons relating to fraud, misrepresentation, criminal misuse, or threats to national security, the Secretary may deny or revoke the approval of--
Inserted: "(i) a petition seeking classification of an alien as an alien investor under this paragraph;
Inserted: "(ii) a petition to remove conditions under section 216A before granting lawful permanent resident status or any other petition, application, or benefit based upon the previous or concurrent filing or approval of a petition for classification of an alien under this paragraph; or
Inserted: "(iii) an application for designation as a regional center.".
Inserted: (c) Assistance by the Secretary of Commerce.--
Inserted: (1) In general.--The Secretary of Commerce, upon the request of the Secretary, shall provide consultation assistance for determining whether--
Inserted: (A) a proposed regional center should be designated, terminated, or subject to other adjudicative action; or
Inserted: (B) a petitioner or applicant for a benefit under section 203(b)(5) of the Immigration and Nationality Act, as amended by subsection (b), has met the requirements under such paragraph with respect to job creation.
Inserted: (2) Rulemaking.--The Secretary and the Secretary of Commerce may each adopt such rules and regulations as are necessary to carry out the consultation process provided for in paragraph (1).
Inserted: (3) Savings provision.--The consultation provided under paragraph (1) shall be voluntary. Nothing in this subsection may be construed to require consultation with the Secretary of Commerce to continue the designation of a regional center approved before the date of the enactment of this Act or to impede or delay the adjudication petitions by the Secretary.
Inserted: (d) Effective Date.--The amendments made by this section--
Inserted: (1) shall be effective upon the enactment of this Act; and
Inserted: (2) shall apply to--
Inserted: (A) any application to designate a regional center, and any person involved with the regional center, that is pending or approved on or after the date of the enactment of this Act; and
Inserted: (B) any regional center approved before the date of the enactment of this Act, on or after a delayed effective date that is 1 year after such date of enactment with respect to any person involved in the regional center on or after such delayed effective date.
Inserted: SEC. 4805. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND CHILDREN.
Inserted: (a) In General.--Section 216A (8 U.S.C. 1186b) is amended to read as follows:
Inserted: "SEC. 216A. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND CHILDREN.
Inserted: "(a) In General.--
Inserted: "(1) Conditional basis for status.--Notwithstanding any other provision of this Act, employment-based immigrants (as defined in subsection (g)(4)), alien spouses, and alien children (as such terms are defined in subsection (g)(2)) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.
Inserted: "(2) Notice of requirements.--
Inserted: "(A) At time of obtaining permanent residence.--At the time an employment-based immigrant, alien spouse, or alien child obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to the alien, spouse, or child respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed.
Inserted: "(B) At time of required petition.--In addition, the Secretary of Homeland Security shall attempt to provide notice to an employment-based immigrant, alien spouse, or alien child, at or about the beginning of the 90-day period described in subsection (d)(3), of the requirements of subsection (c)(1).
Inserted: "(C) Effect of failure to provide notice.--The failure of the Secretary of Homeland Security to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to an employment-based immigrant, alien spouse, or alien child.
Inserted: "(b) Termination of Status if Finding That Qualifying Employment Improper.--
Inserted: "(1) Alien investor.--In the case of an alien investor with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that--
Inserted: "(A) the investment in the commercial enterprise was intended as a means of evading the immigration laws of the United States;
Inserted: "(B)(i) the alien did not invest, or was not actively in the process of investing, the requisite capital; or
Inserted: "(ii) the alien was not sustaining the actions described in clause (i) throughout the period of the alien's residence in the United States; or
Inserted: "(C) subject to the exception in subsection (d)(5), the alien was otherwise not conforming to the requirements under section 203(b)(5), the Secretary shall so notify the alien investor and, subject to paragraph (3), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination.
Inserted: "(2) Employee of a federal national security, science, and technology laboratory, center or agency.--In the case of an employee of a Federal national security, science, and technology laboratory, center, or agency (as defined pursuant to section 203(b)(2)(C)) with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security, in consultation with the relevant employing department or agency, determines, before the first anniversary of the alien's obtaining the status of lawful admission for permanent residence, that--
Inserted: "(A) the qualifying employment was intended as a means of evading the immigration laws of the United States;
Inserted: "(B) the alien has not completed or is not likely to complete 12 months of qualifying continuous employment; or
Inserted: "(C) the alien did not otherwise conform with the requirements of section 203(b)(2), the Secretary shall so notify the alien involved and, subject to paragraph (3), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination.
Inserted: "(3) Hearing in removal proceeding.--Any alien whose permanent resident status is terminated under paragraph (1) or (2) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that a condition described in paragraph (1) or (2), as appropriate, is met.
Inserted: "(c) Requirements of Timely Petition and Interview for Removal of Condition.--
Inserted: "(1) In general.--
Inserted: "(A) Petition and interview.--In order for the conditional basis established under subsection (a) for an employment-based immigrant, alien spouse, or alien child to be removed--
Inserted: "(i) the employment-based immigrant shall submit to the Secretary of Homeland Security, during the period described in subsection (d)(3), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in paragraph (1) or (2) of subsection (d), as appropriate; and
Inserted: "(ii) in accordance with subsection (d)(3), the employment-based immigrant must appear for a personal interview before an officer or employee of U.S. Citizenship and Immigration Services respecting such facts and information.
Inserted: "(B) Separate petition not required.--An alien spouse or alien child shall not be required to file separate petitions under subparagraph (A)(i) if the employment-based immigrant's petition includes such alien spouse or alien child.
Inserted: "(C) Additional fee.--Notwithstanding any other provision under this section, the Secretary may require the employment-based immigrant to pay an additional fee for a petition filed under subparagraph (A)(i) that includes the alien's spouse and child or children.
Inserted: "(2) Termination of permanent resident status for failure to file petition or have personal interview.--
Inserted: "(A) In general.--In the case of an alien with permanent resident status on a conditional basis under subsection (a), if--
Inserted: "(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A); or
Inserted: "(ii) unless there is good cause shown, the employment-based immigrant fails to appear at the interview described in paragraph (1)(B) (if required under subsection (d)(4)), the Secretary of Homeland Security shall terminate the permanent resident status of the alien (and the alien's spouse and children if it was obtained on a conditional basis under this section or section 216) as of the second anniversary of the alien's lawful admission for permanent residence.
Inserted: "(B) Hearing in removal proceeding.--In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B).
Inserted: "(3) Determination after petition and interview.--
Inserted: "(A) In general.--If--
Inserted: "(i) a petition is filed in accordance with the provisions of paragraph (1)(A); and
Inserted: "(ii) the employment-based immigrant appears at any interview described in paragraph (1)(B), the Secretary of Homeland Security shall make a determination, not later than 90 days after the date of such filing or interview (whichever is later), as to whether the facts and information described in paragraph (1) or (2) of subsection (d), as appropriate, and alleged in the petition are true.
Inserted: "(B) Removal of conditional basis if favorable determination.--
Inserted: "(i) Removal of conditional basis for alien investor.--If the Secretary of Homeland Security determines with respect to a petition filed by an alien investor that such facts and information are true, the Secretary shall so notify the alien investor and shall remove the conditional basis of the alien's status effective as of the second anniversary of the alien's lawful admission for permanent residence.
Inserted: "(ii) Removal of conditional basis for employee of a federal national security, science, and technology laboratory, center or agency.--If the Secretary of Homeland Security determines with respect to a petition filed by an employee of a Federal national security, science, and technology laboratory, center, or agency that such facts and information are true, the Secretary shall so notify the alien and shall remove the conditional basis of the alien's status effective as of the first anniversary of the alien's lawful admission for permanent residence.
Inserted: "(C) Termination if adverse determination.--If the Secretary of Homeland Security determines that such facts and information are not true, the Secretary shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an employment-based immigrant, alien spouse, or alien child as of the date of the determination.
Inserted: "(D) Hearing in removal proceeding.--Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) and alleged in the petition are not true.
Inserted: "(d) Details of Petition and Interview.--
Inserted: "(1) Contents of petition by alien investor.--Each petition filed by an alien investor under section (c)(1)(A) shall contain facts and information demonstrating that the alien--
Inserted: "(A)(i) invested, or is actively in the process of investing, the requisite capital; and
Inserted: "(ii) sustained the actions described in clause (i) throughout the period of the alien's residence in the United States; and
Inserted: "(B) except as provided in paragraph (4), is otherwise conforming to the requirements under section 203(b)(5).
Inserted: "(2) Contents of petition by employee of a federal national security, science, and technology laboratory, center, or agency.--Each petition under subsection (c)(1)(A) filed by an employee of a Federal national security, science, and technology laboratory, center, or agency shall contain facts and information demonstrating that the alien is conforming to the requirements of section 203(b)(2).
Inserted: "(3) Period for filing petition.--
Inserted: "(A) 90-day period before anniversary.--Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) must be filed as follows:
Inserted: "(i) In the case of an alien investor, during the 90-day period before the second anniversary of the alien's lawful admission for permanent residence.
Inserted: "(ii) In the case of an employee of a Federal national security, science, and technology laboratory, center, or agency, during the 90-day period before the first anniversary of the alien's lawful admission for permanent residence.
Inserted: "(B) Late petitions.--Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Secretary of Homeland Security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A).
Inserted: "(C) Filing of petitions during removal.--In the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Secretary of Homeland Security may stay such removal proceedings against an alien pending the filing of the petition under subparagraph (B).
Inserted: "(4) Personal interview.--The interview under subsection (c)(1)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) and at a local office of U.S. Citizenship and Immigration Services, designated by the Secretary of Homeland Security, which is convenient to the parties involved. The Secretary, in the discretion of the Secretary, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate.
Inserted: "(5) Special rule for alien investors in a regional center.--Each petition under subsection (c)(1)(A) filed by an alien investor who invests in accordance with section 203(b)(5)(E) shall contain facts and information demonstrating that the alien is complying with the requirements under section 203(b)(5), except--
Inserted: "(A) the alien shall not be subject to the requirements under section 203(b)(5)(A)(ii); and
Inserted: "(B) the petition shall--
Inserted: "(i) refer to the most recent financial statement filed by the regional center in which the alien has invested in accordance with section 203(b)(5)(G); and
Inserted: "(ii) contain a certification that the petitioner has read the financial statement to which the alien's petition refers.
Inserted: "(6) Effect of prior determinations.--The approval of any of the items described in section 203(b)(5)(F)(i) submitted in support of a petition seeking classification of an alien as an alien investor under section 203(b)(5) shall be binding for purposes of the adjudication of the alien investor's petition filed under this section 216A, unless the Secretary determines that there is evidence of fraud, misrepresentation, criminal misuse, a threat to national security, a material change that affects the approved economic model, or evidence affecting program eligibility that was not disclosed by the petitioner.
Inserted: "(e) Treatment of Period for Purposes of Naturalization.--For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence, if the alien has had the conditional basis removed pursuant to this section.
Inserted: "(f) Fraud, Misrepresentation, Criminal Misuse, or Threats to the Public Safety or National Security.--If the Secretary of Homeland Security determines, in his or her sole and unreviewable discretion, that the conditional permanent resident status granted to an employment-based immigrant under subsection (a), or to an alien researcher described in section 203(b)(2)(A)(ii) is contrary to the national interest of the United States for reasons relating to fraud, misrepresentation, criminal misuse, or threats to national security, the Secretary shall--
Inserted: "(1) notify the immigrant involved of such determination; and
Inserted: "(2) terminate the permanent resident status of the immigrant involved (and the alien spouse and alien children of such immigrant) as of the date of such determination.
Inserted: "(g) Definitions.--In this section:
Inserted: "(1) The term 'alien investor' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 203(b)(5).
Inserted: "(2) The term 'alien spouse' and the term 'alien child' mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of an alien investor or an employee of a Federal national security, science, and technology laboratory, center, or agency.
Inserted: "(3) The term 'commercial enterprise' includes a limited partnership.
Inserted: "(4) The term 'employment-based immigrant' means an alien described in paragraph (1) or (5).
Inserted: "(5) The term 'employee of a Federal national security, science, and technology laboratory, center, or agency' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 203(b)(2)(A)(ii).".
Inserted: (b) Conforming Amendment.--Section 216(e) (8 U.S.C. 1186a(e)) is amended by inserting before the period at the end the following: ", if the alien has had the conditional basis removed pursuant to this section".
Inserted: (c) Clerical Amendment.--The table of contents is amended by striking the item relating to section 216A and inserting the following:
Inserted: "Sec. 216A. Conditional permanent resident status for certain employment-based immigrants, spouses, and children.".
Inserted: SEC. 4806. EB-5 VISA REFORMS.
Inserted: (a) Aliens Not Subject to Direct Numerical Limitation.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sections 2103(c)(2), 2212(d)(2), 2307(b), and 2402, is further amended by adding at the end the following:
Inserted: "(P) Aliens who are the spouse or a child of an alien admitted as an employment-based immigrant under section 203(b)(5).".
Inserted: (b) Technical Amendment.--Section 203(b)(5), as amended by this Act, is further amended by striking "Attorney General" each place it appears and inserting "Secretary of Homeland Security".
Inserted: (c) Targeted Employment Areas.--
Inserted: (1) In general.--Section 203(b)(5)(B) (8 U.S.C. 1153(b)(5)(B)) is amended to read as follows:
Inserted: "(B) Set-aside for targeted employment areas.--
Inserted: "(i) In general.--Not fewer than 5,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who invest in a new commercial enterprise described in subparagraph (A), which--
Inserted: "(I) is investing such capital in a targeted employment area; and
Inserted: "(II) will create employment in such targeted employment area.
Inserted: "(ii) Duration of high unemployment area designation.--A designation of a high unemployment area as a targeted employment area shall be valid for 5 years and may be renewed for additional 5-year periods if the area continues to meet the definition of a high unemployment area. An investor who has made the required amount of investment in such a targeted employment area during its period of designation shall not be required to increase the amount of investment based upon expiration of the designation.".
Inserted: (d) Adjustment of Minimum EB-5 Investment Amount.--Section 203(b)(5)(C)(i) (8 U.S.C. 1153(b)(5)(C)(i)) is amended--
Inserted: (1) by striking "The Attorney General" and inserting "The Secretary of Commerce";
Inserted: (2) by striking "Secretary of State" and inserting "Secretary of Homeland Security"; and
Inserted: (3) by adding at the end the following: "Unless adjusted by the Secretary of Commerce, the amount specified in this clause shall automatically adjust, on January 1, 2016, by the percentage change in the Consumer Price Index (CPI-U) during fiscal year 2015, and on every fifth subsequent January 1 by the cumulative percentage change in the CPI-U during the previous 5 fiscal years, for any petition filed to classify an alien under this paragraph on or after the date of each automatic adjustment.".
Inserted: (e) Definitions.--
Inserted: (1) In general.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)), as amended by subsections (b) and (c) and by section 4804, is further amended--
Inserted: (A) by striking subparagraph (D) and inserting following:
Inserted: "(D) Calculation of full-time employment.--Job creation under this paragraph may consist of employment measured in full-time equivalents, including intermittent or seasonal employment opportunities and construction jobs. A full-time employment position is not a requirement for indirect job creation."; and
Inserted: (B) by adding at the end the following:
Inserted: "(K) Definitions.--In this paragraph:
Inserted: "(i) The term 'capital' means all real, personal, or mixed assets, whether tangible or intangible, owned or controlled by the investor, or held in trust for the benefit of the investor, to which the investor has unrestricted access, which shall be valued at fair market value in United States dollars, in accordance with Generally Accepted Accounting Principles, at the time it is invested under this paragraph.
Inserted: "(ii) The term 'full-time employment' means employment in a position that requires at least 35 hours of service per week, regardless of how many employees fill the position.
Inserted: "(iii) The term 'high unemployment area' means--
Inserted: "(I) an area consisting of a census tract or contiguous census tracts that has an unemployment rate that is at least 150 percent of the national average unemployment rate; or
Inserted: "(II) an area that is within the boundaries established for purposes of a Federal or State economic development incentive program, including areas defined as Enterprise Zones, Renewal Communities, Promise Zones, and Empowerment Zones, and other programs for the purposes of job creation, small business creation, and neighborhood revitalization.
Inserted: "(iv) The term 'rural area' means--
Inserted: "(I) any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States); or
Inserted: "(II) any city or town having a population of fewer than 20,000 (based on the most recent decennial census of the United States) that is located within a State having a population of fewer than 1,500,000 (based on the most recent decennial census of the United States).
Inserted: "(v) The term 'targeted employment area' means a rural area, any community adversely affected by a recommendation by the Defense Base Closure and Realignment Commission, or a high unemployment area.".
Inserted: (2) Rulemaking.--The Secretary, in consultation with the Secretary of Defense, shall issue appropriate regulations to account for the modified definition of targeted employment area in section 203(b)(5)(K)(v), as amended by paragraph (1)(B).
Inserted: (3) Effective date.--The amendment made by paragraph (1) shall apply to any application for a visa under section 204(a)(7) of the Immigration and Nationality Act that is filed on or after the date that is 1 year after the date of the enactment of this Act, unless the petitioner requests in the petition that they take immediate effect.
Inserted: (4) Rule of construction.--None of the amendments made by paragraph (1) may be construed to deny any petition under section 216A filed by an alien who filed a petition under section 203(b)(5) before the date of the enactment of this Act.
Inserted: (f) Age Determination for Children of Alien Investors.--Section 203(h) (8 U.S.C. 1153(h)), as amended by section 2305(d), is further amended by adding at the end the following:
Inserted: "(5) Age determination for children of alien investors.--An alien admitted under subsection (d) as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under subsection (b)(5), whose lawful permanent resident status on a conditional basis is terminated under section 216A, shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under subsection (b)(5) if the alien remains unmarried and the subsequent petition is filed by the principal alien not later than 1 year after the termination of conditional lawful permanent resident status. No alien shall be considered a child under this paragraph with respect to more than 1 petition filed after the alien's 21st birthday.".
Inserted: (g) Enhanced Pay Scale for Certain Federal Employees Administering the EB-5 Program.--The Secretary may establish, fix the compensation of, and appoint individuals to, designated critical administrative, technical, and professional positions needed to administer sections 203(b)(5) and 216A of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b).
Inserted: (h) Delegation of Certain EB-5 Authority.--
Inserted: (1) In general.--The Secretary of Homeland Security may delegate to the Secretary of Commerce authority and responsibility for determinations under sections 203(b)(5) and 216A (with respect to alien entrepreneurs) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186a), including determining whether an alien has met employment creation requirements.
Inserted: (2) Regulations.--The Secretary of Homeland Security and the Secretary of Commerce may each adopt such rules and regulations as are necessary to carry out the delegation authorized under paragraph (1), including regulations governing the eligibility criteria for obtaining benefits pursuant to the amendments made by this section.
Inserted: (3) Use of fees.--Adjudication fees described in section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) shall remain available until expended to reimburse the Secretary of Commerce for the costs of any determinations made by the Secretary of Commerce under paragraph (1).
Inserted: (i) Concurrent Filing of EB-5 Petitions and Applications for Adjustment of Status.--Section 245 (8 U.S.C. 1255), as amended by sections 2305(d), 2310(c), 3201(e), and 4237(b), is further amended--
Inserted: (1) in subsection (k), in the matter preceding paragraph (1), by striking "or (3)" and inserting "(3), (5), or (7)"; and
Inserted: (2) by adding at the end the following:
Inserted: "(o) At the time a petition is filed for classification under section 203(b)(5), if the approval of such petition would make a visa immediately available to the alien beneficiary, the alien beneficiary's application for adjustment of status under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition.".
Original wording
Beginning on page 1869, strike line 22 and all that follows through page 1910, line 5, and insert the following:
Change 92: Inserts new text at the end of section 4806
InsertsInserted: (j) Reports.--
Inserted: (1) Requirement for reports.--Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a report on the EB-5 program carried out pursuant to section 203(b)(5) of the Immigration and Nationality (8 U.S.C. 1153(b)(5)), as amended by this section.
Inserted: (2) Content.--Each report required by paragraph (1) shall include the following:
Inserted: (A) The number of applications pending for an immigrant visa described in section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), disaggregated by State.
Inserted: (B) The period of time each such application has been pending.
Inserted: (C) The average length of time required to conduct an economic evaluation of a project and suitability of a petitioner for such a visa and the Secretary's goals for these timeframes.
Inserted: (D) A description of any additional resources necessary to efficiently administer the EB-5 program carried out pursuant to such section 203(b)(5).
Inserted: (E) The number of applications that have been approved or denied for such a visa in the most recent reporting period with an accompanying explanation of reasons for such approval or denial, disaggregated by State.
Inserted: (F) The number of jobs created by such EB-5 program in each 180-day period, disaggregated by State.
Inserted: (G) The types of projects proposed and the number of aliens granted such a visa in each 180-day period, disaggregated by State and by North American Industry Classification System (NAICS) code.
Original wording
At the end of section 4806, add the following:
Shown as written
On page 852, strike the item relating to section 4409 and insert the following:
On page 852, strike the item relating to section 4509 and insert the following:
On page 1247, line 4, “the Attorney General, and the Director of the National Counterterrorism Center,” after “Defense,”.
On page 1258, line 14, “the Attorney General, and the Director of the National Counterterrorism Center,” after “Defense,”.
On page 1600, line 24, “, to citizens, subjects, nationals, or residents of that country” after “classes of visas”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1455. Mr. LEAHY submitted an amendment intended to be proposed by him to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 1869, strike line 22 and all that follows through page 1910, line 5, and insert the following:
SEC. 4804. PERMANENT AUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM.
(a) Repeal.--Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is repealed.
(b) Authorization.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)) is amended by adding at the end the following:
“(E) Regional center program.--
“(i) In general.--Visas under this paragraph shall be made available to qualified immigrants participating in a program implementing this paragraph that involves a regional center in the United States, which has been designated by the Secretary of Homeland Security, in consultation with the Secretary of Commerce, on the basis of a general proposal for the promotion of economic growth, including--
“(I) increased export sales;
“(II) improved regional productivity;
“(III) job creation; or
“(IV) increased domestic capital investment.
“(ii) Establishment of a regional center.--A regional center shall have jurisdiction over a defined geographic area, which shall be described in the proposal and consistent with the purpose of concentrating pooled investment in defined economic zones. The establishment of a regional center may be based on general predictions, contained in the proposal, concerning--
“(I) the kinds of commercial enterprises that may receive investments from aliens without limiting the scope of regional center activity to any specific industry or industries referenced in the proposal;
“(II) the jobs that may be created directly or indirectly as a result of such investments; and
“(III) other positive economic effects such investments may have.
“(iii) Indirect job creation.--The Secretary of Homeland Security shall permit immigrants admitted under this paragraph to satisfy the requirements under subparagraph (A)(ii) with jobs that are estimated to be created indirectly through investment under this paragraph in accordance with this subparagraph.
“(iv) Compliance.--In determining compliance with subparagraph (A)(ii), the Secretary of Homeland Security shall permit aliens admitted under the program described in this subparagraph to establish reasonable methodologies for determining the number of jobs created by the program, including jobs estimated to have been created indirectly through revenues generated from increased exports, improved regional productivity, job creation, and increased domestic capital investment resulting from the program, including jobs created outside of the geographic boundary of the regional center as a result of the immigrant's investment in regional center associated commercial enterprises.
“(v) Amendments.--The Secretary of Homeland Security--
“(I) may require approved regional centers to give notice to the Secretary of significant changes to their organization;
“(II) may approve or disapprove the changes referred to in subclause (I); and
“(III) shall not suspend the Secretary's adjudication of any filings by, or related to, a regional center, including investor petitions under section 203(b)(5), regardless of whether such regional center has given notice to the Secretary pursuant to subclause (I).
“(F) Preapproval of business plans for regional center investments.--
“(i) Petition.--Before the filing of a petition under this subparagraph by an alien investor, a commercial enterprise associated with a regional center may file a petition with the Secretary of Homeland Security to preapprove a particular investment in the commercial enterprise, as provided in--
“(I) a business plan for a specific capital investment project;
“(II) investment documents, such as subscription, investment, partnership, and operating agreements; and
“(III) a credible economic analysis regarding estimated job creation that is based upon reasonable methodologies.
“(ii) Preapproval procedure.--The Secretary shall establish a process to facilitate the preapproval of business plans under this subparagraph related to investment in a regional center commercial enterprise, which shall include an opportunity for the applicant to address and cure any deficiencies identified by the Secretary in the applicant's business plan, investment documents, or statement regarding job creation prior to a final determination. The Secretary shall impose a fee for the use of the process described in this clause sufficient to recover the costs of its administration pursuant to subsections (m) and (n) of section 286.
“(iii) Effect of preapproval of business plan for investment in regional center commercial enterprise.--The preapproval of a petition under this subparagraph shall be binding for purposes of the adjudication of subsequent petitions seeking classification under this paragraph by immigrants investing in the same commercial enterprise concerning the same economic activity, and of petitions filed under section 216A, unless the Secretary determines that there is evidence of fraud, misrepresentation, criminal misuse, a threat to national security, a material change that affects the approved economic model, or other evidence affecting program eligibility that was not disclosed by the petitioner during the preapproval process.
“(iv) Expedited processing option for alien investor petitions associated with preapproved business plans.--The Secretary may establish a premium processing option for business plan preapproval and for petitions by alien investors who are investing in a commercial enterprise that has received preapproval under this subparagraph pursuant to section 286(u).
“(v) Consideration of criminal activity in establishing eligibility criteria.--The Secretary shall consider the potential for fraud, misrepresentation, criminal misuse, and threats to national security in establishing eligibility criteria for any program the Secretary may establish under this subparagraph.
“(vi) Effect of prior determinations.--If a commercial enterprise does not file a petition for preapproval under this subparagraph, or files a petition under this subparagraph that is denied, the approval of any of the items described in clause (i) submitted in support of a petition seeking classification of an alien as an alien investor under this paragraph shall be binding for purposes of the adjudication of subsequent petitions seeking classification under this paragraph by aliens investing in the same commercial enterprise concerning the same economic activity, and of petitions filed under section 216A, unless the Secretary determines that there is evidence of fraud, misrepresentation, criminal misuse, a threat to national security, a material change that affects the approved economic model, or evidence affecting program eligibility that was not disclosed.
“(G) Regional center financial statements.--
“(i) In general.--Each regional center designated under subparagraph (E) shall annually submit, to the Director of U.S. Citizenship and Immigration Services (referred to in this subparagraph as the ‘Director'), in a manner prescribed by the Secretary of Homeland Security, financial statements, including--
“(I) an accounting of all foreign investor money invested in association with the regional center or associated conventional, enterprise; and
“(II) for each capital investment project--
“(aa) an accounting of the aggregate capital invested in association with the regional center or associated commercial enterprises by immigrants under this paragraph;
“(bb) a description of how such funds are being used to execute the approved business plan;
“(cc) evidence that 100 percent of such investor funds have been dedicated to the project;
“(dd) detailed evidence of the progress made toward the completion of the project;
“(ee) an accounting of the aggregate direct and indirect jobs created or preserved; and
“(ff) a certification by the regional center that such statements are accurate.
“(ii) Amendment of financial statements.--If the Director determines that a financial statement required under clause (i) is deficient, or if the Director otherwise deems appropriate, the Director may require the regional center to amend or supplement such financial statement.
“(iii) Sanctions.--
“(I) Effect of violation.--If the Director determines that a regional center, director, or other individual involved with a regional center (other than an alien investor) has violated any requirement under clause (i) or that the regional center is conducting itself in a manner inconsistent with its designation, the Director, after giving the regional center an opportunity to rebut the alleged violations, may sanction the violating entity or individual under subclause (II).
“(II) Authorized sanctions.--The Director shall establish a graduated set of sanctions for violations referred to in subclause (I), including--
“(aa) fines equal to not more than 5 percent of the total capital invested by immigrant investors in the commercial enterprise's approved business plan, the payment of which shall not in any circumstance utilize any of such immigrant investors' capital investment;
“(bb) temporary suspension from participation in the program described in subparagraph (E), which may be lifted by the Director if the individual or entity cures the alleged violation after being provided such an opportunity by the Director;
“(cc) permanent bar from program participation for 1 or more individuals affiliated with the regional center; and
“(dd) termination of regional center status.
“(H) Bona fides of persons involved in regional centers or regional center associated commercial enterprises.--
“(i) In general.--No person shall be permitted by any regional center or regional center associated commercial enterprise to be involved with the regional center or commercial enterprise as its principal, representative, administrator, owner, officer, board member, manager, executive, general partner, fiduciary, marketer, promoter, or other similar position of substantive authority for the operations, management or promotion of the regional center or commercial enterprise if the Secretary of Homeland Security--
“(I) determines such person has been found liable within the previous 5 years for any criminal or civil violation of any law relating to fraud or deceit, or at any time if such violation involved a criminal conviction with a term of imprisonment of at least 1 year or a criminal or civil violation of any law or agency regulation in connection with the purchase or sale of a security, unless the Secretary determines that the past violation should not prevent involvement with the regional center or regional center associated commercial enterprise; or
“(II) knows or has reasonable cause to believe that the person is engaged in, has ever been engaged in, or seeks to engage in any--
“(aa) illicit trafficking in any controlled substance;
“(bb) activity relating to espionage or sabotage;
“(cc) activity related to money laundering (as described in section 1956 or 1957 of title 18, United States Code);
“(dd) terrorist activity (as defined in clauses (iii) and (iv) of section 212(a)(3)(B));
“(ee) human trafficking or human rights offense; or
“(ff) violation of any statute, regulation, or Executive Order regarding foreign financial transactions or foreign asset control.
“(ii) Information required.--The Secretary shall require such attestations and information, including, the submission of fingerprints to the Federal Bureau of Investigation, and shall perform such criminal record checks and other background checks with respect to a regional center or regional center associated commercial enterprise, and persons involved in a regional center or regional center associated commercial enterprise as described in clause (i), as the Secretary considers appropriate to determine whether the regional center or regional center associated commercial enterprise is in compliance with clause (i). The Secretary may require the information and attestations described in this clause from such regional center or regional center associated commercial enterprise, and any person involved in the regional center or regional center associated commercial enterprise, at any time on or after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.
“(iii) Termination.--The Secretary is authorized, in the Secretary's unreviewable discretion, to terminate any regional center or regional center associated commercial enterprise from the program under this paragraph if the Secretary determines that--
“(I) the regional center or regional center associated commercial enterprise is in violation of clause (i);
“(II) the regional center, a regional center associated commercial enterprise, or any person involved with the regional center or regional center associated commercial enterprise has provided any false attestation or information under clause (ii);
“(III) the regional center, regional center associated commercial enterprise, or any person involved with the regional center or regional center associated commercial enterprise, fails to provide an attestation or information requested by the Secretary under clause (ii); or
“(IV) the regional center, a regional center associated commercial enterprise, or any person involved with the regional center or regional center associated commercial enterprise is engaged in fraud, misrepresentation, criminal misuse, or threats to national security.
“(iv) Treatment of investors if regional center terminated.--An alien who previously invested in a commercial enterprise associated with a regional center that is subsequently terminated under subclause (iii) shall be provided an opportunity to invest in another approved regional center. The termination of the regional center shall not affect the alien's status.
“(I) Regional center compliance with securities laws.--
“(i) Certification required.--The Secretary of Homeland Security shall not approve an application for regional center designation or regional center amendment that does not certify that the regional center and, to the best knowledge of the applicant, all parties to the regional center are in, and will maintain, compliance with the securities laws of the United States.
“(ii) Exception for governmental entity.--If the regional center described in clause (i) is operated by a State or municipal entity, the regional center may obtain the certifications required under subclause (i) for any commercial enterprises associated with the regional center.
“(iii) Oversight required.--In furtherance of the certification described in clause (i), any regional center not operated by a State or municipal entity shall monitor and supervise all offers and sales of securities made by associated commercial enterprises to ensure compliance with the securities laws of the United States, and to maintain records, data ,and information relating to all such offers and sales of securities.
“(iv) Termination or suspension.--The Secretary shall terminate the designation of any regional center that does not provide the certification described in subclause (i) on an annual basis. In addition to any other authority provided to the Secretary regarding the regional center program described in subparagraph (E), the Secretary may, in his or her unreviewable discretion, suspend or terminate the designation of any regional center if he or she determines that the regional center or any party to the regional center--
“(I) is permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction in connection with the purchase or sale of a security;
“(II) is subject to any final order of the Securities and Exchange Commission that--
“(aa) bars such person from association with an entity regulated by the Securities and Exchange Commission; or
“(bb) constitutes a final order based on violations in connection with the purchase or sale of a security; or
“(III) knowingly submitted or caused to be submitted a certification described in clause (i) that contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.
“(v) Savings provision.--Nothing in this subparagraph may be construed to impair or limit the authority of the Securities and Exchange Commission under the Federal securities laws.
“(vi) Defined term.--In this subparagraph, the term ‘party to the regional center' includes the regional center, its agents, employees, and attorneys, and any persons in active concert or participation with the regional center.
“(J) Denial or revocation.--If the Secretary of Homeland Security determines, in his or her unreviewable discretion, that the approval of a petition, application, or benefit described in this subparagraph is contrary to the national interest of the United States for reasons relating to fraud, misrepresentation, criminal misuse, or threats to national security, the Secretary may deny or revoke the approval of--
“(i) a petition seeking classification of an alien as an alien investor under this paragraph;
“(ii) a petition to remove conditions under section 216A before granting lawful permanent resident status or any other petition, application, or benefit based upon the previous or concurrent filing or approval of a petition for classification of an alien under this paragraph; or
“(iii) an application for designation as a regional center.”.
(c) Assistance by the Secretary of Commerce.--
(1) In general.--The Secretary of Commerce, upon the request of the Secretary, shall provide consultation assistance for determining whether--
(A) a proposed regional center should be designated, terminated, or subject to other adjudicative action; or
(B) a petitioner or applicant for a benefit under section 203(b)(5) of the Immigration and Nationality Act, as amended by subsection (b), has met the requirements under such paragraph with respect to job creation.
(2) Rulemaking.--The Secretary and the Secretary of Commerce may each adopt such rules and regulations as are necessary to carry out the consultation process provided for in paragraph (1).
(3) Savings provision.--The consultation provided under paragraph (1) shall be voluntary. Nothing in this subsection may be construed to require consultation with the Secretary of Commerce to continue the designation of a regional center approved before the date of the enactment of this Act or to impede or delay the adjudication petitions by the Secretary.
(d) Effective Date.--The amendments made by this section--
(1) shall be effective upon the enactment of this Act; and
(2) shall apply to--
(A) any application to designate a regional center, and any person involved with the regional center, that is pending or approved on or after the date of the enactment of this Act; and
(B) any regional center approved before the date of the enactment of this Act, on or after a delayed effective date that is 1 year after such date of enactment with respect to any person involved in the regional center on or after such delayed effective date.
SEC. 4805. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND CHILDREN.
(a) In General.--Section 216A (8 U.S.C. 1186b) is amended to read as follows:
“SEC. 216A. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND CHILDREN.
“(a) In General.--
“(1) Conditional basis for status.--Notwithstanding any other provision of this Act, employment-based immigrants (as defined in subsection (g)(4)), alien spouses, and alien children (as such terms are defined in subsection (g)(2)) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.
“(2) Notice of requirements.--
“(A) At time of obtaining permanent residence.--At the time an employment-based immigrant, alien spouse, or alien child obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to the alien, spouse, or child respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed.
“(B) At time of required petition.--In addition, the Secretary of Homeland Security shall attempt to provide notice to an employment-based immigrant, alien spouse, or alien child, at or about the beginning of the 90-day period described in subsection (d)(3), of the requirements of subsection (c)(1).
“(C) Effect of failure to provide notice.--The failure of the Secretary of Homeland Security to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to an employment-based immigrant, alien spouse, or alien child.
“(b) Termination of Status if Finding That Qualifying Employment Improper.--
“(1) Alien investor.--In the case of an alien investor with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that--
“(A) the investment in the commercial enterprise was intended as a means of evading the immigration laws of the United States;
“(B)(i) the alien did not invest, or was not actively in the process of investing, the requisite capital; or
“(ii) the alien was not sustaining the actions described in clause (i) throughout the period of the alien's residence in the United States; or
“(C) subject to the exception in subsection (d)(5), the alien was otherwise not conforming to the requirements under section 203(b)(5), the Secretary shall so notify the alien investor and, subject to paragraph (3), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination.
“(2) Employee of a federal national security, science, and technology laboratory, center or agency.--In the case of an employee of a Federal national security, science, and technology laboratory, center, or agency (as defined pursuant to section 203(b)(2)(C)) with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security, in consultation with the relevant employing department or agency, determines, before the first anniversary of the alien's obtaining the status of lawful admission for permanent residence, that--
“(A) the qualifying employment was intended as a means of evading the immigration laws of the United States;
“(B) the alien has not completed or is not likely to complete 12 months of qualifying continuous employment; or
“(C) the alien did not otherwise conform with the requirements of section 203(b)(2), the Secretary shall so notify the alien involved and, subject to paragraph (3), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination.
“(3) Hearing in removal proceeding.--Any alien whose permanent resident status is terminated under paragraph (1) or (2) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that a condition described in paragraph (1) or (2), as appropriate, is met.
“(c) Requirements of Timely Petition and Interview for Removal of Condition.--
“(1) In general.--
“(A) Petition and interview.--In order for the conditional basis established under subsection (a) for an employment-based immigrant, alien spouse, or alien child to be removed--
“(i) the employment-based immigrant shall submit to the Secretary of Homeland Security, during the period described in subsection (d)(3), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in paragraph (1) or (2) of subsection (d), as appropriate; and
“(ii) in accordance with subsection (d)(3), the employment-based immigrant must appear for a personal interview before an officer or employee of U.S. Citizenship and Immigration Services respecting such facts and information.
“(B) Separate petition not required.--An alien spouse or alien child shall not be required to file separate petitions under subparagraph (A)(i) if the employment-based immigrant's petition includes such alien spouse or alien child.
“(C) Additional fee.--Notwithstanding any other provision under this section, the Secretary may require the employment-based immigrant to pay an additional fee for a petition filed under subparagraph (A)(i) that includes the alien's spouse and child or children.
“(2) Termination of permanent resident status for failure to file petition or have personal interview.--
“(A) In general.--In the case of an alien with permanent resident status on a conditional basis under subsection (a), if--
“(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A); or
“(ii) unless there is good cause shown, the employment-based immigrant fails to appear at the interview described in paragraph (1)(B) (if required under subsection (d)(4)), the Secretary of Homeland Security shall terminate the permanent resident status of the alien (and the alien's spouse and children if it was obtained on a conditional basis under this section or section 216) as of the second anniversary of the alien's lawful admission for permanent residence.
“(B) Hearing in removal proceeding.--In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B).
“(3) Determination after petition and interview.--
“(A) In general.--If--
“(i) a petition is filed in accordance with the provisions of paragraph (1)(A); and
“(ii) the employment-based immigrant appears at any interview described in paragraph (1)(B), the Secretary of Homeland Security shall make a determination, not later than 90 days after the date of such filing or interview (whichever is later), as to whether the facts and information described in paragraph (1) or (2) of subsection (d), as appropriate, and alleged in the petition are true.
“(B) Removal of conditional basis if favorable determination.--
“(i) Removal of conditional basis for alien investor.--If the Secretary of Homeland Security determines with respect to a petition filed by an alien investor that such facts and information are true, the Secretary shall so notify the alien investor and shall remove the conditional basis of the alien's status effective as of the second anniversary of the alien's lawful admission for permanent residence.
“(ii) Removal of conditional basis for employee of a federal national security, science, and technology laboratory, center or agency.--If the Secretary of Homeland Security determines with respect to a petition filed by an employee of a Federal national security, science, and technology laboratory, center, or agency that such facts and information are true, the Secretary shall so notify the alien and shall remove the conditional basis of the alien's status effective as of the first anniversary of the alien's lawful admission for permanent residence.
“(C) Termination if adverse determination.--If the Secretary of Homeland Security determines that such facts and information are not true, the Secretary shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an employment-based immigrant, alien spouse, or alien child as of the date of the determination.
“(D) Hearing in removal proceeding.--Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) and alleged in the petition are not true.
“(d) Details of Petition and Interview.--
“(1) Contents of petition by alien investor.--Each petition filed by an alien investor under section (c)(1)(A) shall contain facts and information demonstrating that the alien--
“(A)(i) invested, or is actively in the process of investing, the requisite capital; and
“(ii) sustained the actions described in clause (i) throughout the period of the alien's residence in the United States; and
“(B) except as provided in paragraph (4), is otherwise conforming to the requirements under section 203(b)(5).
“(2) Contents of petition by employee of a federal national security, science, and technology laboratory, center, or agency.--Each petition under subsection (c)(1)(A) filed by an employee of a Federal national security, science, and technology laboratory, center, or agency shall contain facts and information demonstrating that the alien is conforming to the requirements of section 203(b)(2).
“(3) Period for filing petition.--
“(A) 90-day period before anniversary.--Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) must be filed as follows:
“(i) In the case of an alien investor, during the 90-day period before the second anniversary of the alien's lawful admission for permanent residence.
“(ii) In the case of an employee of a Federal national security, science, and technology laboratory, center, or agency, during the 90-day period before the first anniversary of the alien's lawful admission for permanent residence.
“(B) Late petitions.--Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Secretary of Homeland Security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A).
“(C) Filing of petitions during removal.--In the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Secretary of Homeland Security may stay such removal proceedings against an alien pending the filing of the petition under subparagraph (B).
“(4) Personal interview.--The interview under subsection (c)(1)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) and at a local office of U.S. Citizenship and Immigration Services, designated by the Secretary of Homeland Security, which is convenient to the parties involved. The Secretary, in the discretion of the Secretary, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate.
“(5) Special rule for alien investors in a regional center.--Each petition under subsection (c)(1)(A) filed by an alien investor who invests in accordance with section 203(b)(5)(E) shall contain facts and information demonstrating that the alien is complying with the requirements under section 203(b)(5), except--
“(A) the alien shall not be subject to the requirements under section 203(b)(5)(A)(ii); and
“(B) the petition shall--
“(i) refer to the most recent financial statement filed by the regional center in which the alien has invested in accordance with section 203(b)(5)(G); and
“(ii) contain a certification that the petitioner has read the financial statement to which the alien's petition refers.
“(6) Effect of prior determinations.--The approval of any of the items described in section 203(b)(5)(F)(i) submitted in support of a petition seeking classification of an alien as an alien investor under section 203(b)(5) shall be binding for purposes of the adjudication of the alien investor's petition filed under this section 216A, unless the Secretary determines that there is evidence of fraud, misrepresentation, criminal misuse, a threat to national security, a material change that affects the approved economic model, or evidence affecting program eligibility that was not disclosed by the petitioner.
“(e) Treatment of Period for Purposes of Naturalization.--For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence, if the alien has had the conditional basis removed pursuant to this section.
“(f) Fraud, Misrepresentation, Criminal Misuse, or Threats to the Public Safety or National Security.--If the Secretary of Homeland Security determines, in his or her sole and unreviewable discretion, that the conditional permanent resident status granted to an employment-based immigrant under subsection (a), or to an alien researcher described in section 203(b)(2)(A)(ii) is contrary to the national interest of the United States for reasons relating to fraud, misrepresentation, criminal misuse, or threats to national security, the Secretary shall--
“(1) notify the immigrant involved of such determination; and
“(2) terminate the permanent resident status of the immigrant involved (and the alien spouse and alien children of such immigrant) as of the date of such determination.
“(g) Definitions.--In this section:
“(1) The term ‘alien investor' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 203(b)(5).
“(2) The term ‘alien spouse' and the term ‘alien child' mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of an alien investor or an employee of a Federal national security, science, and technology laboratory, center, or agency.
“(3) The term ‘commercial enterprise' includes a limited partnership.
“(4) The term ‘employment-based immigrant' means an alien described in paragraph (1) or (5).
“(5) The term ‘employee of a Federal national security, science, and technology laboratory, center, or agency' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 203(b)(2)(A)(ii).”.
(b) Conforming Amendment.--Section 216(e) (8 U.S.C. 1186a(e)) is amended by inserting before the period at the end the following: “, if the alien has had the conditional basis removed pursuant to this section”.
(c) Clerical Amendment.--The table of contents is amended by striking the item relating to section 216A and inserting the following:
“Sec. 216A. Conditional permanent resident status for certain employment-based immigrants, spouses, and children.”.
SEC. 4806. EB-5 VISA REFORMS.
(a) Aliens Not Subject to Direct Numerical Limitation.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sections 2103(c)(2), 2212(d)(2), 2307(b), and 2402, is further amended by adding at the end the following:
“(P) Aliens who are the spouse or a child of an alien admitted as an employment-based immigrant under section 203(b)(5).”.
(b) Technical Amendment.--Section 203(b)(5), as amended by this Act, is further amended by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”.
(c) Targeted Employment Areas.--
(1) In general.--Section 203(b)(5)(B) (8 U.S.C. 1153(b)(5)(B)) is amended to read as follows:
“(B) Set-aside for targeted employment areas.--
“(i) In general.--Not fewer than 5,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who invest in a new commercial enterprise described in subparagraph (A), which--
“(I) is investing such capital in a targeted employment area; and
“(II) will create employment in such targeted employment area.
“(ii) Duration of high unemployment area designation.--A designation of a high unemployment area as a targeted employment area shall be valid for 5 years and may be renewed for additional 5-year periods if the area continues to meet the definition of a high unemployment area. An investor who has made the required amount of investment in such a targeted employment area during its period of designation shall not be required to increase the amount of investment based upon expiration of the designation.”.
(d) Adjustment of Minimum EB-5 Investment Amount.--Section 203(b)(5)(C)(i) (8 U.S.C. 1153(b)(5)(C)(i)) is amended--
(1) by striking “The Attorney General” and inserting “The Secretary of Commerce”;
(2) by striking “Secretary of State” and inserting “Secretary of Homeland Security”; and
(3) by adding at the end the following: “Unless adjusted by the Secretary of Commerce, the amount specified in this clause shall automatically adjust, on January 1, 2016, by the percentage change in the Consumer Price Index (CPI-U) during fiscal year 2015, and on every fifth subsequent January 1 by the cumulative percentage change in the CPI-U during the previous 5 fiscal years, for any petition filed to classify an alien under this paragraph on or after the date of each automatic adjustment.”.
(e) Definitions.--
(1) In general.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)), as amended by subsections (b) and (c) and by section 4804, is further amended--
(A) by striking subparagraph (D) and inserting following:
“(D) Calculation of full-time employment.--Job creation under this paragraph may consist of employment measured in full-time equivalents, including intermittent or seasonal employment opportunities and construction jobs. A full-time employment position is not a requirement for indirect job creation.”; and
(B) by adding at the end the following:
“(K) Definitions.--In this paragraph:
“(i) The term ‘capital' means all real, personal, or mixed assets, whether tangible or intangible, owned or controlled by the investor, or held in trust for the benefit of the investor, to which the investor has unrestricted access, which shall be valued at fair market value in United States dollars, in accordance with Generally Accepted Accounting Principles, at the time it is invested under this paragraph.
“(ii) The term ‘full-time employment' means employment in a position that requires at least 35 hours of service per week, regardless of how many employees fill the position.
“(iii) The term ‘high unemployment area' means--
“(I) an area consisting of a census tract or contiguous census tracts that has an unemployment rate that is at least 150 percent of the national average unemployment rate; or
“(II) an area that is within the boundaries established for purposes of a Federal or State economic development incentive program, including areas defined as Enterprise Zones, Renewal Communities, Promise Zones, and Empowerment Zones, and other programs for the purposes of job creation, small business creation, and neighborhood revitalization.
“(iv) The term ‘rural area' means--
“(I) any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States); or
“(II) any city or town having a population of fewer than 20,000 (based on the most recent decennial census of the United States) that is located within a State having a population of fewer than 1,500,000 (based on the most recent decennial census of the United States).
“(v) The term ‘targeted employment area' means a rural area, any community adversely affected by a recommendation by the Defense Base Closure and Realignment Commission, or a high unemployment area.”.
(2) Rulemaking.--The Secretary, in consultation with the Secretary of Defense, shall issue appropriate regulations to account for the modified definition of targeted employment area in section 203(b)(5)(K)(v), as amended by paragraph (1)(B).
(3) Effective date.--The amendment made by paragraph (1) shall apply to any application for a visa under section 204(a)(7) of the Immigration and Nationality Act that is filed on or after the date that is 1 year after the date of the enactment of this Act, unless the petitioner requests in the petition that they take immediate effect.
(4) Rule of construction.--None of the amendments made by paragraph (1) may be construed to deny any petition under section 216A filed by an alien who filed a petition under section 203(b)(5) before the date of the enactment of this Act.
(f) Age Determination for Children of Alien Investors.--Section 203(h) (8 U.S.C. 1153(h)) is amended by adding at the end the following:
“(5) Age determination for children of alien investors.--An alien admitted under subsection (d) as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under subsection (b)(5), whose lawful permanent resident status on a conditional basis is terminated under section 216A, shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under subsection (b)(5) if the alien remains unmarried and the subsequent petition is filed by the principal alien not later than 1 year after the termination of conditional lawful permanent resident status. No alien shall be considered a child under this paragraph with respect to more than 1 petition filed after the alien's 21st birthday.”.
(g) Enhanced Pay Scale for Certain Federal Employees Administering the EB-5 Program.--The Secretary may establish, fix the compensation of, and appoint individuals to, designated critical administrative, technical, and professional positions needed to administer sections 203(b)(5) and 216A of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b).
(h) Delegation of Certain EB-5 Authority.--
(1) In general.--The Secretary of Homeland Security may delegate to the Secretary of Commerce authority and responsibility for determinations under sections 203(b)(5) and 216A (with respect to alien entrepreneurs) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186a), including determining whether an alien has met employment creation requirements.
(2) Regulations.--The Secretary of Homeland Security and the Secretary of Commerce may each adopt such rules and regulations as are necessary to carry out the delegation authorized under paragraph (1), including regulations governing the eligibility criteria for obtaining benefits pursuant to the amendments made by this section.
(3) Use of fees.--Adjudication fees described in section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) shall remain available until expended to reimburse the Secretary of Commerce for the costs of any determinations made by the Secretary of Commerce under paragraph (1).
(i) Concurrent Filing of EB-5 Petitions and Applications for Adjustment of Status.--Section 245 (8 U.S.C. 1255), as amended by section 4237(b), is further amended--
(1) in subsection (k), in the matter preceding paragraph (1), by striking “or (3)” and inserting “(3), (5), or (7)”; and
(2) by adding at the end the following:
“(o) At the time a petition is filed for classification under section 203(b)(5), if the approval of such petition would make a visa immediately available to the alien beneficiary, the alien beneficiary's application for adjustment of status under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition.”.
On page 852, strike the item relating to section 4409 and insert the following:
“Sec. 4409. F-1 Visa admission fee.”.
On page 852, strike the item relating to section 4509 and insert the following:
“Sec. 4509. B Visa admission fee.”.
On page 892, lines 14 and 15, strike “Inspector Generals” and insert “Inspectors General”.
On page 940, line 23, strike “migrant” and insert “alien”.
On page 941, line 3, strike “migrant” and insert “alien”.
On page 941, line 13, strike “migrant” and insert “alien”.
On page 941, line 14, strike “migrant” and insert “alien”.
On page 941, line 17, strike “migrant” and insert “alien”.
On page 942, line 6, strike “migrants” and insert “aliens”.
On page 942, line 14, strike “migrant” and insert “alien”.
On page 942, line 16, strike “migrant” and insert “alien”.
On page 990, line 24, strike “(3)(2)” and insert “(3)(1)”.
On page 991, line 1, strike “12102(2)” and insert “12102(1)”.
On page 1043, line 18, insert “is not represented or” after “applicant”.
On page 1162, strike lines 7 through 11 and insert the following:
(B) has been lawfully present in the United States, in a status that allows for employment authorization, for a continuous period of not less than 10 years, not counting brief, casual, and innocent absences.
On page 1163, lines 1 and 2, strike “the effective date specified in section 2307(a)(3) of this Act” and insert “the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act”.
On page 1181, line 12, insert “or lawful permanent resident” after “citizen”.
On page 1181, line 20, insert “or lawful permanent residence” after “citizenship”.
On page 1187, line 2, strike “minute” and insert “day”.
On page 1191, strike lines 14 through 16 and insert the following:
(iii) by amending subsection (h) to read as follows:
“(h) Survival of Rights to Petition.--The legal termination of a marriage may not be the sole basis for revocation under section 205 of a petition filed under subsection (a)(1)(C) pursuant to conditions described in subsection (a)(1)(C)(i). Remarriage of an alien whose petition was approved under subsection (a)(1)(C) or marriage of an alien described in subparagraphs (D) or (F) of subsection (a)(1) shall not be the basis for revocation of a petition approval under section 205.”.
On page 1198, line 24, strike “(1)(A)” and insert “(1)(B)”.
On page 1200, line 9, strike “2212(d)” and insert “2212(b)”.
On page 1214, line 25, strike “the United States” and insert “a State”.
On page 1220, line 13, insert “Federal” after “any”.
On page 1247, line 4, “the Attorney General, and the Director of the National Counterterrorism Center,” after “Defense,”.
On page 1258, line 14, “the Attorney General, and the Director of the National Counterterrorism Center,” after “Defense,”.
On page 1277, line 23, strike “institutions” and insert “instruction”.
On page 1287, line 1, strike “DIRECTORS” and insert “TRUSTEES”.
On page 1287, line 4, strike “DIRECTORS” and insert “TRUSTEES”.
On page 1287, line 10, strike “directors” and insert “trustees”.
On page 1287, lines 10 and 11, strike “directors” and insert “trustees”.
On page 1358, lines 1 and 2, strike “Secretary” and insert “Attorney General”.
On page 1600, line 24, “, to citizens, subjects, nationals, or residents of that country” after “classes of visas”.
On page 1612, strike lines 3 through 6 and insert the following:
“(2)(A) An enforcement action may not take place at, or be focused on, a sensitive location except--
“(i) under exigent circumstances; or
“(ii) if prior approval is obtained.”.
On page 1736, line 4, strike “clause (iv) or (v)” and insert “clause (iii), (iv), or (v)”.
On page 1744, line 17, strike “F-1 VISA FEE” and insert “F-1 VISA ADMISSION FEE”.
On page 1745, line 1, strike “Fees” and insert the following:
“(2) Deposit.--Fees”.
On page 1745, strike lines 6 through 17.
On page 1783, line 21, strike “B VISA FEE” and insert “B VISA ADMISSION FEE”.
On page 1784, line 1, strike “B Visa Fee” and insert “B Visa Admission Fee”.
On page 1793, line 7, strike “Fee” and insert “Admission fee”.
On page 1853, line 4, strike “application” and insert “applicable”.
On page 1855, line 7, strike “or” and insert “of”.
On page 1855, strike line 11.
On page 1855, line 12, strike “(dd)” and insert “(cc)”.
On page 1855, line 14, strike “(ee)” and insert “(dd)”.
On page 1855, line 17, insert “business” before “entity”.
On page 1855, line 18, strike “(ff)” and insert “(ee)”.
On page 1855, line 21, strike “(gg)” and insert “(ff)”.
On page 1855, line 23, strike “(ff)” and insert “(ee)”.
On page 1861, strike lines 4 through 7 and insert the following:
“(III) is managed by an investment adviser (as defined in section 202(a)(11) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(11))) that--”.
On page 1862, lines 6 and 7, strike “includes the position of” and insert “shall include such positions as”.
On page 1864, line 5, insert “interest” after “ownership”.
On page 1864, line 16, strike “devoted” and insert “made”.
On page 1864, line 19, strike “to” and insert “in”.
On page 1865, line 2, insert “, the alien's United States business entity” after “date”.
On page 1866, line 9, strike “devoted” and insert “made”.
On page 1866, line 12, strike “to” and insert “in”.
On page 1866, line 19, insert “, the alien's United States business entity” after “date”.
On page 883, strike lines 19 through 22 and insert the following:
funding level provided in this Act;
(xviii) costs to the Judiciary estimated to be caused by the implementation of this Act and the amendments made by this Act, as the Secretary and the Judicial Conference of the United States shall jointly determine in consultation with the Attorney General; and
(xix) the operations and maintenance costs associated with the implementation of clauses (i) through (xvii).
On page 903, lines 5 through 12, strike “Not less than 90 percent of the amounts made available under section 6(a)(3)(C)(ii) shall be allocated for grants and reimbursements to law enforcement agencies in the States in the Southwest border region for personnel, overtime, travel, and other costs related to combating illegal immigration” and insert the following: “Grants under this subsection shall be allocated based on sector-specific border risk methodology, based on factors including threat, vulnerability, miles of border, and other border-specific information.”.
On page 905, line 10, strike “(d)” and insert the following:
(d) Donations for Land Ports of Entry Facilities.--
(1) Donations permitted.--Notwithstanding any other provision of law, including chapter 33 of title 40, United States Code, the Secretary, for purposes of constructing, altering, operating, or maintaining a new or existing land port of entry facility, may accept donations of real and personal property (including monetary donations) and nonpersonal services from private parties and State and local government entities.
(2) Allowable uses of donations.--The Secretary, with respect to any donation provided pursuant to paragraph (1), may--
(A) use such property or services for necessary activities related to the construction, alteration, operation, or maintenance of a new or existing land port of entry facility under the custody and control of the Secretary, including expenses related to--
(i) land acquisition, design, construction, repair and alteration;
(ii) furniture, fixtures, and equipment;
(iii) the deployment of technology and equipment; and
(iv) operations and maintenance; or
(B) transfer such property or services to the Administrator of General Services for necessary activities described in paragraph (1) related to a new or existing land port of entry facility under the custody and control of the Administrator.
(3) Evaluation procedures.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall establish procedures for evaluating a proposal submitted by any person described in paragraph (1) to make a donation of real or personal property (including monetary donations) or nonpersonal services to facilitate the construction, alteration, operation, or maintenance of a new or existing land port of entry facility under the custody and control of the Secretary.
(4) Considerations.--In determining whether or not to approve a proposal described in paragraph (3), the Secretary or the Administrator shall consider--
(A) the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border;
(B) the potential of the proposal to increase trade and travel efficiency through added capacity;
(C) the potential of the proposal to enhance the security of the port of entry; and
(D) other factors that the Secretary determines to be relevant.
(5) Consultation.--
(A) Locations for new ports of entry.--The Secretary is encouraged to consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of State, the International Boundary and Water Commission, and appropriate representatives of States, local governments, Indian tribes, and property owners--
(i) to determine locations for new ports of entry; and
(ii) to minimize the adverse impacts from such ports on the environment, historic and cultural resources, commerce, and the quality of life for the communities and residents located near such ports.
(B) Savings provision.--Nothing in this paragraph may be construed--
(i) to create any right or liability of the parties described in subparagraph (A); and
(ii) to affect any consultation requirement under any other law.
(6) Supplemental funding.--Property (including monetary donations) and services provided pursuant to paragraph (1) may be used in addition to any other funding (including appropriated funds), property, or services made available for the same purpose.
(7) Unconditional donations.--A donation provided pursuant to paragraph (1) shall be made unconditionally, although the donor may specify--
(A) the land port of entry facility or facilities to be benefitted from such donation; and
(B) the timeframe during which the donated property or services shall be used.
(8) Return of donations.--If the Secretary or the Administrator does not use the property or services donated pursuant to paragraph (1) for the specific land port of entry facility or facilities designated by the donor or within the timeframe specified by the donor, such donated property or services shall be returned to the entity that made the donation. No interest shall be owed to the donor with respect to any donation of funding provided under paragraph (1) that is returned pursuant to this paragraph.
(9) Report.--
(A) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary, in consultation with the Administrator, shall submit a report to the congressional committees listed in subparagraph (B) that describes--
(i) the accepted donations received under this subsection;
(ii) the ports of entry that received such donations; and
(iii) how each donation helped facilitate the construction, alteration, operation, or maintenance of a new or existing land port of entry.
(B) Congressional committees.--The congressional committees listed in this subparagraph are--
(i) the Committee on Appropriations of the Senate;
(ii) the Committee on Homeland Security and Governmental Affairs of the Senate;
(iii) the Committee on Finance of the Senate;
(iv) the Committee on Appropriations of the House of Representatives;
(v) the Committee on Homeland Security of the House of Representatives; and
(vi) the Committee on Ways and Means of the House of Representatives.
(10) Savings provision.--Nothing in this subsection may be construed to affect or alter the existing authority of the Secretary or the Administrator of General Services to construct, alter, operate, and maintain land port of entry facilities.
On page 908, between lines 7 and 8, insert the following:
(e) Border Enforcement Security Task Force.--
(1) In general.--The Secretary shall enhance law enforcement preparedness and operational readiness in the Southwest border region by expanding the Border Enforcement Security Task Force (referred to in this section as “BEST”), established under section 432 of the Homeland Security Act of 2002 (6 U.S.C. 240).
(2) Units to be expanded.--The Secretary shall expand the BEST units operating on the date of the enactment of this Act in New Mexico, Texas, Arizona, and California by increasing the funding available for operational, administrative, and technological costs associated with the participation of Federal, State, local, and tribal law enforcement agencies in BEST.
(3) Funding.--There are authorized to be appropriated, from the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1), such sums as may be necessary to carry out this subsection.
On page 942, between lines 17 and 18, insert the following:
SEC. 1122. BORDER INFECTIOUS DISEASE SURVEILLANCE PROJECT.
(a) Funding for Border States.--Of the amount in the Comprehensive Immigration Reform Trust Fund established by section 6(a), $5,000,000 shall be made available to health authorities of States along the Northern border or the Southern border to strengthen the Border Infectious Disease Surveillance project.
(b) Use of Funds.--Amounts made available under subsection (a) shall be used to implement priority surveillance, epidemiology, and preparedness activities in the regions along the Northern border or the Southern border to respond to potential outbreaks and epidemics, including those caused by potential bioterrorism agents.
(c) Allocation of Funds.--Of the amounts made available under subsection (a)--
(1) $1,500,000 shall be made available to States along the Northern border, which may use the infrastructure of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services; and
(2) $3,500,000 shall be made available to States along the Southern border.
On page 942, between lines 17 and 18, insert the following:
SEC. 1123. BETTER ENFORCEMENT THROUGH TRANSPARENCY AND ENHANCED REPORTING ON THE BORDER ACT.
(a) Short Title.--This section may be cited as the “Better Enforcement Through Transparency and Enhanced Reporting on the Border Act” or the “BETTER Border Act”.
(b) Office of Homeland Security Statistics.--
(1) Establishment.--There is established within the Department an Office of Homeland Security Statistics (referred to in this section as the “Office”), which shall be headed by a Director.
(2) Transfer of functions.--
(A) Abolishment of office of immigration statistics.--The Office of Immigration Statistics of the Department is abolished.
(B) Transfer of functions.--All functions and responsibilities of the Office of Immigration Statistics as of the day before the date of the enactment of this Act, including all of the personnel, assets, components, authorities, programs, and liabilities of the Office of Immigration Statistics, are transferred to the Office of Homeland Security Statistics.
(3) Duties.--The Director of the Office shall--
(A) collect information from agencies of the Department, including internal databases used to--
(i) undertake border inspections;
(ii) identify visa overstays;
(iii) undertake immigration enforcement actions; and
(iv) grant immigration benefits;
(B) produce the annual report required to be submitted to Congress under subsection (c); and
(C) collect the information described in section 103(d) of the Immigration and Nationality Act (8 U.S.C. 1103(d)) and disseminate such information to Congress and to the public;
(D) produce any other reports and conduct any other work that the Office of Immigration Statistics was required to produce or conduct before the date of the enactment of this Act; and
(E) produce such other reports or conduct such other work as the Secretary determines to be necessary.
(4) Intradepartmental data sharing.--Agencies and offices of the Department shall share any data that is required to comply with this section.
(5) Consultation.--In carrying out this subsection, the Director of the Office shall consult with the Ombudsman for Immigration Related Concerns to the greatest extent practicable.
(6) Placement.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall notify Congress where the Office has been established within the Department.
(7) Conforming amendment.--Section 103(d) (8 U.S.C. 1103(d)) is amended by striking “Commissioner” and inserting “Director of the Office of Homeland Security Statistics”.
(c) Report on Performance Metrics.--
(1) In general.--In addition to any reports required to be produced by the Office of Immigration Statistics before the date of enactment of this Act, the Director, on an annual basis, shall submit to Congress a report on performance metrics that will enable--
(A) the Department to develop an understanding of--
(i) the security of the border;
(ii) efforts to enforce immigration laws within the United States; and
(iii) the overall working of the immigration system; and
(B) policy makers, including Congress--
(i) to make more effective investments in order to secure the border;
(ii) to enforce the immigration laws of the United States; and
(iii) to ensure that the Federal immigration system is working efficiently at every level.
(2) Contents.--The report required under paragraph (1) shall contain outcome performance measures, for the year covered by the report, including--
(A) for the areas between ports of entry--
(i) the estimated number of attempted illegal entries, the estimated number of successful entries, and the number of apprehensions, categorized by sector;
(ii) the number of individuals that attempted to cross the border and information concerning how many times individuals attempted to cross, categorized by sector;
(iii) the number of individuals returned to Mexico voluntarily, criminally prosecuted, and receiving any other form of sanctions, categorized by sector; and
(iv) the recidivism rates for all classes of individuals apprehended, including individuals returned to Mexico voluntarily, criminally prosecuted, and receiving any other form of sanctions, categorized by sector;
(B) for ports of entry--
(i) the estimated number of attempted illegal entries, the number of apprehensions, and the estimated number of successful entries, categorized by field office; and
(ii) information compiled based on random samples of secondary inspections, including estimates of the effectiveness of inspectors in identifying civil and criminal immigration and customs violations, categorized by field office; and
(iii) enforcement outcomes for individuals denied admission, including the number of--
(I) individuals allowed to withdraw their application for admission or voluntarily return to their country of origin;
(II) individuals referred for criminal prosecution; and
(III) individuals receiving any other form of administrative sanction;
(C) for visa overstays--
(i) the number of people that overstay the terms of their admission into the United States, categorized by--
(I) nationality;
(II) type of visa or entry; and
(III) length of time an individual overstayed, including--
(aa) the number of individuals who overstayed less than 180 days;
(bb) the number of individuals who overstayed less than 1 year; and
(cc) the number of individuals who overstayed for 1 year or longer; and
(ii) estimates of the total number of unauthorized aliens in the United States that entered legally and overstayed the terms of their admission;
(D) for interior enforcement--
(i) the number of arrests made by U.S. Immigration and Customs Enforcement for civil violations of immigration laws and the number of arrests made for criminal violations, categorized by Special Agent in Charge field office;
(ii) the legal basis for the arrests pursuant to criminal statutes described in clause (i);
(iii) the ultimate disposition of the arrests described in clause (i);
(iv) the overall number of removals and the number of removals, by nationality;
(v) the overall average length of detention and the length of detention, by nationality; and
(vi) the number of referrals from U.S. Citizenship and Immigration Services to Immigration and Customs Enforcement, and the ultimate outcome of these referrals, including how many resulted in removal proceedings;
(E) for immigration benefits--
(i) the number of applications processed, rejected, and accepted each year for all categories of immigration benefits, categorized by visa type;
(ii) the mean and median processing times for all categories of immigration benefits, categorized by visa type; and
(iii) data relating to fraud uncovered in applications for all categories of immigration benefits, categorized by visa type; and
(F) for the Employment Verification System established under section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a)--
(i) the total number of tentative nonconfirmations (further action notices);
(ii) the number of tentative nonconfirmations issued to workers who were subsequently found to be authorized for employment in the United States;
(iii) the total number of final nonconfirmations;
(iv) the number of final nonconfirmations issued to workers who were subsequently found to be authorized for employment in the United States;
(v) the total number of confirmations; and
(vi) the estimated number of confirmations issued to unauthorized workers.
(d) Early Warning System.--Using the data collected by the Office under this section, the Secretary shall establish an early warning system to estimate future illegal immigration, which shall monitor the outcome performance measures described in subsection (c)(2), along with political, economic, demographic, law enforcement, and other trends that may affect such outcomes.
(e) Systematic Modeling of Illegal Immigration Trends.--The Secretary shall provide for the systematic modeling of illegal immigration trends to develop forecast models of illegal immigration flows and estimates for the undocumented population residing within the United States.
(f) External Review of Homeland Security Data.--
(1) In general.--The Secretary, in consultation with the National Academy of Sciences, shall make raw data collected by the Department, including individual-level data subject to the requirements in paragraph (3), on border security, immigration enforcement, and immigration benefits available for research on immigration trends, to--
(A) appropriate academic institutions and centers of excellence;
(B) the Congressional Research Service; and
(C) the Government Accountability Office.
(2) Public release of data.--The Secretary shall ensure that data of the Department on border security, immigration enforcement, and immigration benefits is released to the public to the maximum degree permissible under Federal law to increase the confidence of the public in the credibility and objectivity of measurements related to the management and outcomes of immigration and border control processes.
(3) Requirements.--In carrying out this subsection, the Secretary, in consultation with the National Academy of Sciences--
(A) shall ensure that the data described in paragraphs (1) and (2) is anonymized to safeguard individual privacy;
(B) may mask location data below the sector, district field office, or special agent in charge office level to protect national security; and
(C) shall not be required to provided classified information to individuals other than to those individuals who have appropriate security clearances.
(g) Availability of Funds.--The Secretary may use such sums as may be necessary from the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1)--
(1) to establish the Office; and
(2) to produce reports related to securing the border and enforcing the immigration laws of the United States.
On page 942, between lines 17 and 18, insert the following:
SEC. 1124. BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM.
(a) Short Title.--This section may be cited as the “Bulletproof Vest Partnership Grant Program Reauthorization Act of 2013”.
(b) Reauthorization.--Section 1001(a)(23) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended by striking “2012” and inserting “2018”.
(c) Sense of Congress on 5-Year Limitation on Funds.--It is the sense of Congress that amounts made available to carry out part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll et seq.) should be made available through the end of the 4th fiscal year following the fiscal year for which amounts are awarded and should not be made available until expended.
(d) Uniquely Fitted Armor Vests.--Section 2501(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll(c)) is amended--
(1) in paragraph (2), by striking “and” at the end;
(2) in paragraph (3) by striking “; or” and inserting “; and”;
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following:
“(4) provides armor vests to law enforcement officers that are uniquely fitted for such officers, including armor vests uniquely fitted to individual female law enforcement officers; or”.
SEC. 1125. BORDER CRIME PREVENTION PROGRAM.
(a) Grants Authorized.--The Secretary shall establish a Border Crime Prevention Program to assist units of local governments and tribal governments--
(1) to better prevent crime and promote public safety and criminal justice in border areas; and
(2) to enhance coordination between Federal and local law enforcement agencies.
(b) Application.--Each eligible entity may apply for a grant under this section by submitting an application containing such information as the Secretary may reasonably require.
(c) Eligibility.--For purposes of this section, an “eligible entity” includes--
(1) any State or unit of local government in the United States, including cities, towns, and counties, that--
(A) touches the Southern border or the Northern border; or
(B) is located within 100 miles of the Southern border or the Northern border; and
(2) tribal governments in the United States that own land that is located within 100 miles of the Southern border or the Northern border.
(d) Direct Funding.--Each grant awarded under this section shall be provided directly to the eligible entity that applied for such grant.
(e) Uses of Grant Funds.--
(1) In general.--Except as provided in paragraph (2), grant funds under this section may be expended--
(A) to hire and train additional career law enforcement officers for deployment to the border;
(B) to procure equipment, technology, or support systems;
(C) to pay for overtime, mileage reimbursements, fuel, and similar costs;
(D) to provide specialized training to law enforcement officers;
(E) to build or sustain law enforcement facilities or equipment;
(F) to provide for first responders and emergency response services;
(G) to provide support for local prosecutors and probation officers; and
(H) for any other purpose authorized by the Secretary.
(2) Limitation.--Grants awarded under this section may not be used to enforce Federal immigration laws.
(3) Federal share.--The Federal share of the cost of any activity described in paragraph (1) for which grant funds are expended under this section--
(A) shall be 100 percent; and
(B) may be used to cover indirect costs.
(f) Authorization of Appropriations.--There is authorized to be appropriated, from the Comprehensive Immigration Trust Fund established under section 6(a)(1), $50,000,000 for each of the fiscal years 2014 through 2018 to carry out this section.
At the end of title I, add the following:
SEC. 1126. TRADE FACILITATION AND SECURITY ENHANCEMENT.
The Secretary shall extend the hours of operation at the port of entry in Santa Teresa, New Mexico, to 24 hours a day--
(1) for private vehicles, not later than 180 days after the date of the enactment of this Act; and
(2) for commercial vehicles, not later than 1 year after the date of the enactment of this Act.
At the end of title I, add the following:
SEC. 1127. MARITIME BORDER SECURITY ENHANCEMENTS.
(a) In General.--The Commissioner of U.S. Customs and Border Protection, working through the Office of Air and Marine, shall --
(1) acquire and deploy such additional vessels and aircraft as may be necessary to provide for enhanced maritime border security along--
(A) the coastal areas of the Southeastern United States, including Florida, Puerto Rico, and the Gulf Coast; and
(B) the California coast;
(2) increase unarmed, unmanned aircraft deployments to the Caribbean region;
(3) acquire, upgrade, and maintain sensor systems for the aircraft and vessel fleet;
(4) increase air and maritime patrols to gain and enhance maritime domain awareness;
(5) increase and upgrade facilities as necessary to accommodate personnel and asset needs;
(6) perform whatever additional maintenance as may be necessary to preserve the operational capability of any additional air or marine assets;
(7) modernize and appropriately staff the Air and Marine Operations Center in order to enhance maritime domain awareness; and
(8) hire and deploy such personnel as may be necessary to provide maritime border security along--
(A) the coastal areas of the Southeastern United States, including Florida, Puerto Rico, and the Gulf Coast; and
(B) the California coast.
(b) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated, to U.S. Customs and Border Protection, such sums as may be necessary to carry out subsection (a) during fiscal years 2014 through 2018.
At the end of title I, add the following:
SEC. 1128. PREVENTING UNAUTHORIZED IMMIGRATION TRANSITING THROUGH MEXICO.
(a) In General.--The Secretary of State, in coordination with the Secretary, shall develop and submit to Congress a strategy to address the unauthorized immigration of individuals who transit through Mexico to the United States.
(b) Requirements.--The strategy developed under subsection (a) shall include specific steps--
(1) to enhance the training, resources, and professionalism of border and law enforcement officials in Mexico, Honduras, El Salvador, Guatemala, and other countries, as appropriate; and
(2) to educate nationals of the countries described in paragraph (1) about the perils of the journey to the United States, including how this Act will increase the likelihood of apprehension, increase criminal penalties associated with illegal entry, and make finding employment in the United States more difficult.
(c) Implementation of Strategy.--In carrying out the strategy developed under subsection (a)--
(1) the Secretary, in conjunction with the Secretary of State, shall produce an educational campaign and disseminate information about the perils of the journey across Mexico, the likelihood of apprehension, and the difficulty of finding employment in the United States; and
(2) the Secretary of State, in coordination with the Secretary, shall offer--
(A) training to border and law enforcement officials to enable these officials to operate more effectively, by using, to the greatest extent practicable, Department personnel to conduct the training; and
(B) technical assistance and equipment to border officials, including computers, document readers, and other forms of technology that may be needed, as appropriate.
(d) Availability of Funds.--The Secretary may use such sums as are necessary from the Comprehensive Immigration Trust Fund established under section 6(a)(1) to carry out this section.
On page 1021, line 17, insert “or public library” after “organization”.
On page 1226, line 3, strike “Section” and insert the following:
(a) In General.--Section
On page 1226, after line 25, add the following:
(b) Recognition of State Court Determinations of Name and Birth Date.--Section 320 (8 U.S.C. 1431) is amended by adding at the end the following:
“(c) A Certificate of Citizenship or other Federal document issued or requested to be amended under this section shall reflect the child's name and date of birth as indicated on a birth certificate, certificate of birth facts, certificate of birth abroad, or similar State vital records document issued by the child's State of residence in the United States after the child has been adopted or readopted in that State.”.
On page 1282, beginning on line 3, strike “and” and all that follows through line 4, and insert the following:
(14) the National Security Advisor; and
(15) the Director of the Institute of Museum and Library Services.
On page 1282, beginning on line 24, strike “and” and all that follows through line 25, and insert the following:
(E) community development challenges; and
(F) civics education; and
On page 1286, beginning on line 21, strike “and” and all that follows through line 23, and insert the following:
(10) awarding grants to State and local governments under section 2538; and
(11) entering into agreements with other Federal agencies to promote and assist the eligible organizations and activities.
On page 1288, line 17, insert “(as defined in section 2106(b))” before the period at the end.
On page 1293, line 2, insert “public libraries,” after “municipalities,”.
On page 1300, between lines 11 and 12, insert the following:
SEC. 2554. TREATMENT OF CERTAIN PERSONS AS HAVING SATISFIED ENGLISH AND CIVICS, GOOD MORAL CHARACTER, AND HONORABLE SERVICE AND DISCHARGE REQUIREMENTS FOR NATURALIZATION.
(a) In General.--Chapter 2 of title III (8 U.S.C. 1421 et seq.) is amended by inserting after section 329A the following:
“SEC. 329B. PERSONS WHO HAVE RECEIVED AN AWARD FOR ENGAGEMENT IN ACTIVE COMBAT OR ACTIVE PARTICIPATION IN COMBAT.
“(a) In General.--For purposes of naturalization and continuing citizenship under the following provisions of law, a person who has received an award described in subsection (b) shall be treated--
“(1) as having satisfied the requirements in sections 312(a), 316(a)(3), and subsections (b)(3), (c), and (e) of section 328; and
“(2) under sections 328 and 329, as having served honorably in the Armed Forces for (in the case of section 328) a period or periods aggregating one year, and, if separated from such service, as having been separated under honorable conditions.
“(b) Application.--This section shall apply with respect to the following awards from the Armed Forces of the United States:
“(1) The Combat Infantryman Badge from the Army.
“(2) The Combat Medical Badge from the Army.
“(3) The Combat Action Badge from the Army.
“(4) The Combat Action Ribbon from the Navy, the Marine Corps, or the Coast Guard.
“(5) The Air Force Combat Action Medal.
“(6) Any other award that the Secretary of Defense determines to be an equivalent award for engagement in active combat or active participation in combat.”.
(b) Clerical Amendment.--The table of contents is amended by inserting after the item relating to section 329A the following:
“Sec. 329B. Persons who have received an award for engagement in active combat or active participation in combat.”.
On page 1341, line 2, insert “The Commissioner, in consultation with the Secretary, shall establish alternative procedures for updating or correcting records maintained by the Commissioner for the purposes of verifying the individual's identity and employment eligibility if the individual resides more than 150 highway miles from the nearest office of the Social Security Administration or in a location that is inaccessible by road from the nearest office of the Social Security Administration.” after “eligibility.”.
On page 1409, line 1, insert “, in consultation with the Chief Counsel of the Office of Advocacy of the Small Business Administration,” after “Secretary”.
On page 1410, line 23, insert “, conducted in consultation with the Chief Counsel of the Office of Advocacy of the Small Business Administration,” after “assessment”.
On page 1411, between lines 12 and 13, insert the following:
(e) Early Adoption for Small Employers.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall create a mobile application and utilize other available smart-phone technology for employers utilizing the System, to encourage small employers to utilize the System prior to the time at which utilization becomes mandatory for all employers.
(2) Marketing.--Not later than 1 year after the date of enactment of this Act, the Secretary shall, in consultation with the Administrator of the Small Business Administration, make available marketing and other incentives to small business concerns to encourage small employers to utilize the System prior to the time at which utilization of the System becomes mandatory for all employers.
On page 1411, line 13, strike “(e)” and insert “(f)”.
On page 1413, line 3, strike “(f)” and insert “(g)”.
On page 1455, strike line 8, and insert the following:
(3) Implementation report.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report the implementation of the biometric exit data system referred to in paragraph (2), the impact of such system on any additional wait times for travelers, and projections for new officer personnel, including U.S. Customs and Border Protection officers.
(4) Effectiveness report.--Not later than 3 years after the
On page 1469, between lines 4 and 5, insert the following:
CHAPTER 1--IMPROVEMENTS TO ASYLUM AND REFUGEE PROGRAMS
On page 1490, between lines 2 and 3, insert the following:
CHAPTER 2--DOMESTIC REFUGEE RESETTLEMENT
SEC. 3421. SHORT TITLE.
This chapter may be cited as the “Domestic Refugee Resettlement Reform and Modernization Act of 2013”.
SEC. 3422. DEFINITIONS.
In this chapter:
(1) Community-based organization.--The term “community-based organization” means a nonprofit organization providing a variety of social, health, educational and community services to a population that includes refugees resettled into the United States.
(2) Director.--The term “Director” means the Director of the Office of Refugee Resettlement.
(3) National resettlement agency.--The term “national resettlement agency” means a voluntary agency contracting with the Department of State to provide sponsorship and initial resettlement services to refugees entering the United States.
SEC. 3423. ASSESSMENT OF THE REFUGEE DOMESTIC RESETTLEMENT PROGRAM.
(a) In General.--As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the Office of Refugee Resettlement.
(b) Matters To Be Studied.--In the study required under subsection (a), the Comptroller General shall determine and analyze--
(1) how the Office of Refugee Resettlement defines self-sufficiency and if this definition is adequate in addressing refugee needs in the United States;
(2) the effectiveness of Office of Refugee Resettlement programs in helping refugees to meet self-sufficiency and integration;
(3) the Office of Refugee Resettlement's budgetary resources and project the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency and integration;
(4) the role of community-based organizations in serving refugees in areas experiencing a high number of new refugee arrivals;
(5) how community-based organizations can be better utilized and supported in the Federal domestic resettlement process; and
(6) recommended statutory changes to improve the Office of Refugee Resettlement and the domestic refugee program in relation to the matters analyzed under paragraphs (1) through (5).
(c) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit the results of the study required under subsection (a) to Congress.
SEC. 3424. REFUGEE ASSISTANCE.
(a) Assistance Made Available to Secondary Migrants.--Section 412(a)(1) (8 U.S.C. 1522(a)(1)) is amended by adding at the end the following:
“(C) When providing assistance under this section, the Director shall ensure that such assistance is provided to refugees who are secondary migrants and meet all other eligibility requirements for such services.”.
(b) Report on Secondary Migration.--Section 412(a)(3) (8 U.S.C. 1522(a)(3)) is amended--
(1) by inserting “(A)” after “(3)”;
(2) by striking “a periodic” and inserting “an annual”; and
(3) by adding at the end the following:
“(B) At the end of each fiscal year, the Director shall submit a report to Congress that includes--
“(i) States experiencing departures and arrivals due to secondary migration;
“(ii) likely reasons for such migration;
“(iii) the impact of secondary migration on States hosting secondary migrants;
“(iv) the availability of social services for secondary migrants in those States; and
“(v) the unmet needs of those secondary migrants.”.
(c) Amendments to the Social Services Funding.--Section 412(c)(1)(B) (8 U.S.C. 1522(c)(1)(B)) is amended--
(1) by inserting “a combination of--” after “based on”; and
(2) by striking “the total number” and inserting the following:
“(i) the total number”; and
(3) by striking the period at the end and inserting a semicolon; and
(4) by adding at the end the following:
“(ii) the total number of all other eligible populations served by the Office during the period described who are residing in the State as of the beginning of the fiscal year; and
“(iii) projections on the number and nature of incoming refugees and other populations served by the Office during the subsequent fiscal year.”.
(d) Notice and Rulemaking.--Not later than 90 days after the date of the enactment of this Act nor later than 30 days before the effective date set forth in subsection (e), the Director shall--
(1) issue a proposed rule for a new formula by which grants and contracts are to be allocated pursuant to the amendments made by subsection (c); and
(2) solicit public comment with respect to such proposed rule.
(e) Effective Date.--The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act.
SEC. 3425. RESETTLEMENT DATA.
(a) In General.--The Director shall expand the Office of Refugee Resettlement's data analysis, collection, and sharing activities in accordance with the requirements set forth in subsections (b) through (e).
(b) Data on Mental and Physical Medical Cases.--The Director shall--
(1) coordinate with the Centers for Disease Control, national resettlement agencies, community based organizations, and State refugee health programs to track national and State trends on refugees arriving with Class A medical conditions and other urgent medical needs; and
(2) in collecting information under this subsection, utilize initial refugee health screening data, including--
(A) history of severe trauma, torture, mental health symptoms, depression, anxiety and posttraumatic stress disorder recorded during domestic and international health screenings; and
(B) Refugee Medical Assistance utilization rate data.
(c) Data on Housing Needs.--The Director shall partner with State refugee programs, community based organizations, and national resettlement agencies to collect data relating to the housing needs of refugees, including--
(1) the number of refugees who have become homeless; and
(2) the number of refugees who are at severe risk of becoming homeless.
(d) Data on Refugee Employment and Self-sufficiency.--The Director shall gather longitudinal information relating to refugee self-sufficiency, integration, and employment status during the 2-year period beginning on the date that is 1 year after the refugees' arrival in the United States.
(e) Availability of Data.--The Director shall--
(1) annually update the data collected under this section; and
(2) submit an annual report to Congress that contains the updated data.
SEC. 3426. GUIDANCE REGARDING REFUGEE PLACEMENT DECISIONS.
(a) Consultation.--The Secretary of State shall provide guidance to national resettlement agencies and State refugee coordinators on consultation with local stakeholders pertaining to refugee resettlement.
(b) Best Practices.--The Secretary of Health and Human Services, in collaboration with the Secretary of State, shall collect best practices related to the implementation of the guidance on stakeholder consultation on refugee resettlement from voluntary agencies and State refugee coordinators and disseminate such best practices to such agencies and coordinators.
SEC. 3427. EFFECTIVE DATE.
This chapter, and the amendments made by this chapter, shall take effect on the date that is 90 days after the date of the enactment of this Act.
On page 1583, line 19, insert “, in addition to for-profit entities,” before “to conduct”.
On page 1589, between lines 9 and 10, insert the following:
(f) Cost Effectiveness in Detention Facility Contracting.--The Director of U.S. Immigration and Customs Enforcement shall take appropriate measures to minimize, and if possible reduce, the daily bed rate charged to the Federal Government through a competitive process in contracting for or otherwise obtaining detention beds while ensuring that the most recent detention standards, including health standards, and management practices employed by the agency are met.
On page 1618, between lines 11 and 12, insert the following:
SEC. 3722. PROHIBITION ON RESTRAINTS ON PREGNANT DETAINEES.
(a) Prohibition on Restraint of Pregnant Detainees.--
(1) Prohibition.--A detention facility shall not use restraints on a detainee known to be pregnant, including during labor, transport to a medical facility or birthing center, delivery, and postpartum recovery, unless the facility administrator makes an individualized determination that the detainee presents an extraordinary circumstance as described in paragraph (2).
(2) Extraordinary circumstance.--Restraints for an extraordinary circumstance are only permitted if a medical officer has directed the use of restraints for medical reasons or if the facility administrator makes an individualized determination that--
(A) credible, reasonable grounds exist to believe the detainee presents an immediate and serious threat of hurting herself, staff or others; or
(B) reasonable grounds exist to believe the detainee presents an immediate and credible risk of escape that cannot be reasonably minimized through any other method.
(3) Requirement for least restrictive restraints.--In the rare event that one of the extraordinary circumstances in paragraph (2) applies, medical staff shall determine the safest method and duration for the use of restraints and the least restrictive restraints necessary shall be used for a pregnant detainee, except that--
(A) if a doctor, nurse, or other health professional treating the detainee requests that restraints not be used, the detention officer accompanying the detainee shall immediately remove all restraints;
(B) under no circumstance shall leg or waist restraints be used;
(C) under no circumstance shall wrist restraints be used to bind the detainee's hands behind her back; and
(D) under no circumstances shall any restraints be used on any detainee in labor or childbirth.
(4) Record of extraordinary circumstances.--
(A) Requirement.--If restraints are used on a detainee pursuant to paragraph (2), the facility administrator shall make a written finding within 10 days as to the extraordinary circumstance that dictated the use of the restraints.
(B) Retention.--A written find made under subparagraph (A) shall be kept on file by the detention facility for at least 5 years and be made available for public inspection, except that no individually identifying information of any detainee shall be made public without the detainee's prior written consent.
(b) Prohibition on Presence of Detention Officers During Labor or Childbirth.--Upon a detainee's admission to a medical facility or birthing center for labor or childbirth, no detention officer shall be present in the room during labor or childbirth, unless specifically requested by medical personnel. If a detention officer's presence is requested by medical personnel, the detention officer shall be female, if practicable. If restraints are used on a detainee pursuant to subsection (a)(2), a detention officer shall remain immediately outside the room at all times so that the officer may promptly remove the restraints if requested by medical personnel, as required by subsection (a)(3)(A).
(c) Definitions.--In this section:
(1) Detainee.--The term “detainee” includes any adult or juvenile person detained under the Immigration and Nationality Act (8 U.S.C. 1101) or held by any Federal, State, or local law enforcement agency under an immigration detainer.
(2) Detention facility.--The term “detention facility” means a Federal, State, or local government facility, or a privately owned and operated facility, that is used, in whole or in part, to hold individuals under the authority of the Director of U.S. Immigration and Customs Enforcement or the Commissioner of U.S. Customs and Border Protection, including facilities that hold such individuals under a contract or agreement with the Director or Commissioner, or that is used, in whole or in part, to hold individuals pursuant to an immigration detainer.
(3) Facility administrator.--The term “facility administrator” means the official that is responsible for oversight of a detention facility or the designee of such official.
(4) Labor.--The term “labor” means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.
(5) Postpartum recovery.--The term “postpartum recovery” mean, as determined by her physician, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after birth.
(6) Restraint.--The term “restraint” means any physical restraint or mechanical device used to control the movement of a detainee's body or limbs, including flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain, or a convex shield.
(d) Annual Report.--
(1) Requirement.--Not later than 30 days before the end of each fiscal year, the facility administrator of each detention facility in whose custody a pregnant detainee had been subject to the use of restraints during the previous fiscal year shall submit to the Secretary a written report that includes an account of every instance of such a use of restraints. No such report may contain any individually identifying information of any detainee.
(2) Public inspection.--Each report submitted under paragraph (1) shall be made available for public inspection.
(e) Rulemaking.--The Secretary shall adopt regulations or policies to carry out this section at every detention facility.
At the end of title III, add the following:
Subtitle I--Resources for Holocaust Survivors
CHAPTER 1--RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS
SEC. 3901. DEFINITION.
Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended--
(1) in paragraph (24)--
(A) in subparagraph (B), by striking “and”;
(B) in subparagraph (C)(ii), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(D) status as a Holocaust survivor.”;
(2) by redesignating paragraphs (26) through (54) as paragraphs (27) through (55); and
(3) by inserting after paragraph (25) the following:
“(26) The term ‘Holocaust survivor' means an individual who--
“(A)(i) lived in a country between 1933 and 1945 under a Nazi regime, under Nazi occupation, or under the control of Nazi collaborators; or
“(ii) fled from a country between 1933 and 1945 under a Nazi regime, under Nazi occupation, or under the control of Nazi collaborators;
“(B) was persecuted between 1933 and 1945 on the basis of race, religion, physical or mental disability, sexual orientation, political affiliation, ethnicity, or other basis; and
“(C) was a member of a group that was persecuted by the Nazis.”.
SEC. 3902. ORGANIZATION.
Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) is amended--
(1) in paragraph (1)(E), by inserting “older individuals who are Holocaust survivors,” after “proficiency,” each place it appears; and
(2) in paragraph (2)(E), by inserting “older individuals who are Holocaust survivors,” after “proficiency,”.
SEC. 3903. AREA PLANS.
Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting “older individuals who are Holocaust survivors,” after “proficiency,” each place it appears;
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i)(I)(bb), by inserting “older individuals who are Holocaust survivors,” after “proficiency,”; and
(II) in clause (ii), by inserting “older individuals who are Holocaust survivors,” after “proficiency,” each place it appears;
(ii) in subparagraph (B)(i)--
(I) in subclause (VI), by striking “and” at the end; and
(II) by inserting after subclause (VII) the following:
“(VIII) older individuals who are Holocaust survivors; and”; and
(iii) in subparagraph (B)(ii), by striking “subclauses (I) through (VI)” and inserting “subclauses (I) through (VIII)”; and
(C) in paragraph (7)(B)(iii), by inserting “, in particular, older individuals who are Holocaust survivors,” after “placement”; and
(2) in subsection (b)(2)(B), by inserting “older individuals who are Holocaust survivors,” after “areas,”.
SEC. 3904. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended--
(1) in paragraph (4), by inserting “older individuals who are Holocaust survivors,” after “proficiency,”;
(2) in paragraph (16)--
(A) in subparagraph (A)--
(i) in clause (v), by striking “and” at the end; and
(ii) by adding at the end the following:
“(vii) older individuals who are Holocaust survivors; and”; and
(B) in subparagraph (B), by striking “clauses (i) through (vi)” and inserting “clauses (i) through (vii)”; and
(3) in paragraph (28)(B)(ii), by inserting “older individuals who are Holocaust survivors,” after “areas,”.
SEC. 3905. CONSUMER CONTRIBUTIONS.
Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) is amended--
(1) in subsection (c)(2), by inserting “older individuals who are Holocaust survivors,” after “proficiency,”; and
(2) in subsection (d), by inserting “older individuals who are Holocaust survivors,” after “proficiency,”.
SEC. 3906. PROGRAM AUTHORIZED.
Section 373(c)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3030s-1(c)(2)(A)) is amended by striking “individuals)” and inserting “individuals and older individuals who are Holocaust survivors)”.
SEC. 3907. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.
Section 721(b)(12) of the Older Americans Act of 1965 (42 U.S.C. 3058i(b)(12)) is amended--
(1) in subparagraph (B), by striking “or” at the end;
(2) in subparagraph (C), by striking the period at the end and inserting “; or”; and
(3) by adding at the end the following:
“(D) older individuals who are Holocaust survivors.”.
CHAPTER 2--FUNCTIONS WITHIN ADMINISTRATION FOR COMMUNITY LIVING TO ASSIST HOLOCAUST SURVIVORS
SEC. 3911. DESIGNATION OF INDIVIDUAL WITHIN THE ADMINISTRATION.
The Administrator for Community Living is authorized to designate within the Administration for Community Living a person who has specialized training, background, or experience with Holocaust survivor issues to have responsibility for implementing services for older individuals who are Holocaust survivors.
SEC. 3912. ANNUAL REPORT TO CONGRESS.
The Administrator for Community Living, with assistance from the individual designated under section 3911, shall prepare and submit to Congress an annual report on the status and needs, including the priority areas of concern, of older individuals (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) who are Holocaust survivors.
CHAPTER 3--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS
SEC. 3921. NUTRITION SERVICES.
(a) In General.--Section 339(2) of the Older Americans Act of 1065 (42 U.S.C. 3030g-21(2)) is amended--
(1) in subparagraph (A), by amending clause (iii) to read as follows:
“(iii) to the maximum extent practicable, are adjusted and appropriately funded to meet any special health-related or other dietary needs of program participants, including needs based on religious, cultural, or ethnic requirements,”;
(2) in subparagraph (J), by striking “, and” and inserting a comma;
(3) in subparagraph (K), by striking the period and inserting “, and”; and
(4) by adding at the end the following:
“(L) encourages and educates individuals who distribute nutrition services under subpart 2 to engage in conversation with homebound older individuals and to be aware of the warning signs of medical emergencies, injury or abuse in order to reduce isolation and promote well-being.”.
(b) Study of Nutrition Projects.--Section 317(a)(2) of the Older Americans Act Amendments of 2006 (Public Law 109-365) is amended--
(1) in subparagraph (B), by striking “; and” and inserting a semicolon;
(2) in subparagraph (C), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following:
“(D) an analysis of service providers' abilities to obtain viable contracts for special foods necessary to meet a religious requirement, required dietary need, or ethnic consideration.”.
CHAPTER 4--TRANSPORTATION
SEC. 3931. TRANSPORTATION SERVICES AND RESOURCES.
Section 411(a) of the Older Americans Act of 1965 (42 U.S.C. 3032(a)) is amended--
(1) by redesignating paragraph (13) as paragraph (14);
(2) in paragraph (12), by striking “; and” and inserting a semicolon; and
(3) by inserting after paragraph (12) the following:
“(13) supporting programs that enable the mobility and self-sufficiency of older individuals with the greatest economic need and older individuals with the greatest social need by providing transportation services and resources; and”.
At the end of subtitle D of title IV, add the following:
SEC. 4416. INTERNATIONAL PARTICIPATION IN THE PERFORMING ARTS.
Section 214(c)(6)(D) (8 U.S.C. 1184(c)(6)(D)) is amended--
(1) in the first sentence, by inserting “(i)” before “Any person”;
(2) in the second sentence--
(A) by striking “Once” and inserting “Except as provided in clause (ii), once”; and
(B) by striking “Attorney General shall” and inserting “Secretary of Homeland Security shall”;
(3) in the third sentence, by striking “The Attorney General” and inserting “The Secretary”; and
(4) by adding at the end the following:
“(ii) The Secretary of Homeland Security shall adjudicate each petition for an alien with extraordinary ability in the arts (as described in section 101(a)(15)(O)(i)), an alien accompanying such an alien (as described in clauses (ii) and (iii) of section 101(a)(15)(O)), or an alien described in section 101(a)(15)(P) (other than an alien described in paragraph (4)(A) (relating to athletes)) not later than 14 days after--
“(I) the date on which the petitioner submits the petition with a written advisory opinion, letter of no objection, or request for a waiver; or
“(II) the date on which the 15-day period described in clause (i) has expired, if the petitioner has had an appropriate opportunity to supply rebuttal evidence.
“(iii) If a petition described in clause (ii) is not adjudicated before the end of the 14-day period described in clause (ii) and the petitioner is an arts organization described in paragraph (3), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code for the taxable year preceding the calendar year in which the petition is submitted, or an individual or entity petitioning primarily on behalf of such an organization, the Secretary of Homeland Security shall provide the petitioner with the premium processing services referred to in section 286(u), without a fee.”.
At the end of subtitle D of title IV, add the following:
SEC. 4417. REPORT ON PROCESSING OF VISAS FOR NONIMMIGRANTS AT UNITED STATES EMBASSIES AND CONSULATES.
(a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on visa processing for nonimmigrants at United States embassies and consulates that--
(1) assesses the efforts of the Department of State to expand its capacity for processing of visas for nonimmigrants in the People's Republic of China and Brazil;
(2) provides recommendations, if warranted, for improving the effectiveness of those efforts;
(3) identifies the challenges to meeting staffing requirements with respect to the processing of visas for nonimmigrants at United States embassies and consulates, including staffing shortages and foreign language proficiency requirements;
(4) discusses how those challenges affect the ability of the Department of State to carry out operations relating to the processing of visas for nonimmigrants;
(5) describes what actions the Department of State has taken to address those challenges; and
(6) provides recommendations, if warranted, for improving the efforts of the Department of State to meet staffing requirements at United States embassies and consulates.
(b) Subsequent Report.--Not later than 2 years after submitting the report required by subsection (a), the Comptroller General shall submit to Congress a report assessing the progress made by the Department of State with respect to the matters included in the report required by subsection (a) since the submission of that report.
On page 1861, beginning on line 24, strike “each of the most recent 2 years.” and insert “at least 2 of the most recent 3 years.”.
Beginning on page 1869, strike line 22 and all that follows through page 1910, line 5, and insert the following:
SEC. 4804. PERMANENT AUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM.
(a) Repeal.--Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is repealed.
(b) Authorization.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)), as amended by sections 2307 and 2308, is further amended by adding at the end the following:
“(E) Regional center program.--
“(i) In general.--Visas under this paragraph shall be made available to qualified immigrants participating in a program implementing this paragraph that involves a regional center in the United States, which has been designated by the Secretary of Homeland Security, in consultation with the Secretary of Commerce, on the basis of a general proposal for the promotion of economic growth, including--
“(I) increased export sales;
“(II) improved regional productivity;
“(III) job creation; or
“(IV) increased domestic capital investment.
“(ii) Establishment of a regional center.--A regional center shall have jurisdiction over a defined geographic area, which shall be described in the proposal and consistent with the purpose of concentrating pooled investment in defined economic zones. The establishment of a regional center may be based on general predictions, contained in the proposal, concerning--
“(I) the kinds of commercial enterprises that may receive investments from aliens without limiting the scope of regional center activity to any specific industry or industries referenced in the proposal;
“(II) the jobs that may be created directly or indirectly as a result of such investments; and
“(III) other positive economic effects such investments may have.
“(iii) Indirect job creation.--The Secretary of Homeland Security shall permit immigrants admitted under this paragraph to satisfy the requirements under subparagraph (A)(ii) with jobs that are estimated to be created indirectly through investment under this paragraph in accordance with this subparagraph.
“(iv) Compliance.--In determining compliance with subparagraph (A)(ii), the Secretary of Homeland Security shall permit aliens admitted under the program described in this subparagraph to establish reasonable methodologies for determining the number of jobs created by the program, including jobs estimated to have been created indirectly through revenues generated from increased exports, improved regional productivity, job creation, and increased domestic capital investment resulting from the program, including jobs created outside of the geographic boundary of the regional center as a result of the immigrant's investment in regional center associated commercial enterprises.
“(v) Amendments.--The Secretary of Homeland Security--
“(I) may require approved regional centers to give notice to the Secretary of significant changes to their organization;
“(II) may approve or disapprove the changes referred to in subclause (I); and
“(III) shall not suspend the Secretary's adjudication of any filings by, or related to, a regional center, including investor petitions under section 203(b)(5), regardless of whether such regional center has given notice to the Secretary pursuant to subclause (I).
“(F) Preapproval of business plans for regional center investments.--
“(i) Petition.--Before the filing of a petition under this subparagraph by an alien investor, a commercial enterprise associated with a regional center may file a petition with the Secretary of Homeland Security to preapprove a particular investment in the commercial enterprise, as provided in--
“(I) a business plan for a specific capital investment project;
“(II) investment documents, such as subscription, investment, partnership, and operating agreements; and
“(III) a credible economic analysis regarding estimated job creation that is based upon reasonable methodologies.
“(ii) Preapproval procedure.--The Secretary shall establish a process to facilitate the preapproval of business plans under this subparagraph related to investment in a regional center commercial enterprise, which shall include an opportunity for the applicant to address and cure any deficiencies identified by the Secretary in the applicant's business plan, investment documents, or statement regarding job creation prior to a final determination. The Secretary shall impose a fee for the use of the process described in this clause sufficient to recover the costs of its administration pursuant to subsections (m) and (n) of section 286.
“(iii) Effect of preapproval of business plan for investment in regional center commercial enterprise.--The preapproval of a petition under this subparagraph shall be binding for purposes of the adjudication of subsequent petitions seeking classification under this paragraph by immigrants investing in the same commercial enterprise concerning the same economic activity, and of petitions filed under section 216A, unless the Secretary determines that there is evidence of fraud, misrepresentation, criminal misuse, a threat to national security, a material change that affects the approved economic model, or other evidence affecting program eligibility that was not disclosed by the petitioner during the preapproval process.
“(iv) Expedited processing option for alien investor petitions associated with preapproved business plans.--The Secretary may establish a premium processing option for business plan preapproval and for petitions by alien investors who are investing in a commercial enterprise that has received preapproval under this subparagraph pursuant to section 286(u).
“(v) Consideration of criminal activity in establishing eligibility criteria.--The Secretary shall consider the potential for fraud, misrepresentation, criminal misuse, and threats to national security in establishing eligibility criteria for any program the Secretary may establish under this subparagraph.
“(vi) Effect of prior determinations.--If a commercial enterprise does not file a petition for preapproval under this subparagraph, or files a petition under this subparagraph that is denied, the approval of any of the items described in clause (i) submitted in support of a petition seeking classification of an alien as an alien investor under this paragraph shall be binding for purposes of the adjudication of subsequent petitions seeking classification under this paragraph by aliens investing in the same commercial enterprise concerning the same economic activity, and of petitions filed under section 216A, unless the Secretary determines that there is evidence of fraud, misrepresentation, criminal misuse, a threat to national security, a material change that affects the approved economic model, or evidence affecting program eligibility that was not disclosed.
“(G) Regional center financial statements.--
“(i) In general.--Each regional center designated under subparagraph (E) shall annually submit, to the Director of U.S. Citizenship and Immigration Services (referred to in this subparagraph as the ‘Director'), in a manner prescribed by the Secretary of Homeland Security, financial statements, including--
“(I) an accounting of all foreign investor money invested in association with the regional center or associated commercial enterprise; and
“(II) for each capital investment project--
“(aa) an accounting of the aggregate capital invested in association with the regional center or associated commercial enterprises by immigrants under this paragraph;
“(bb) a description of how such funds are being used to execute the approved business plan;
“(cc) evidence that 100 percent of such investor funds have been dedicated to the project;
“(dd) detailed evidence of the progress made toward the completion of the project;
“(ee) an accounting of the aggregate direct and indirect jobs created or preserved; and
“(ff) a certification by the regional center that such statements are accurate.
“(ii) Amendment of financial statements.--If the Director determines that a financial statement required under clause (i) is deficient, or if the Director otherwise deems appropriate, the Director may require the regional center to amend or supplement such financial statement.
“(iii) Sanctions.--
“(I) Effect of violation.--If the Director determines that a regional center, director, or other individual involved with a regional center (other than an alien investor) has violated any requirement under clause (i) or that the regional center is conducting itself in a manner inconsistent with its designation, the Director, after giving the regional center an opportunity to rebut the alleged violations, may sanction the violating entity or individual under subclause (II).
“(II) Authorized sanctions.--The Director shall establish a graduated set of sanctions for violations referred to in subclause (I), including--
“(aa) fines equal to not more than 5 percent of the total capital invested by immigrant investors in the commercial enterprise's approved business plan, the payment of which shall not in any circumstance utilize any of such immigrant investors' capital investment;
“(bb) temporary suspension from participation in the program described in subparagraph (E), which may be lifted by the Director if the individual or entity cures the alleged violation after being provided such an opportunity by the Director;
“(cc) permanent bar from program participation for 1 or more individuals affiliated with the regional center; and
“(dd) termination of regional center status.
“(H) Bona fides of persons involved in regional centers or regional center associated commercial enterprises.--
“(i) In general.--No person shall be permitted by any regional center or regional center associated commercial enterprise to be involved with the regional center or commercial enterprise as its principal, representative, administrator, owner, officer, board member, manager, executive, general partner, fiduciary, marketer, promoter, or other similar position of substantive authority for the operations, management or promotion of the regional center or commercial enterprise if the Secretary of Homeland Security--
“(I) determines such person has been found liable within the previous 5 years for any criminal or civil violation of any law relating to fraud or deceit, or at any time if such violation involved a criminal conviction with a term of imprisonment of at least 1 year or a criminal or civil violation of any law or agency regulation in connection with the purchase or sale of a security, unless the Secretary determines that the past violation should not prevent involvement with the regional center or regional center associated commercial enterprise; or
“(II) knows or has reasonable cause to believe that the person is engaged in, has ever been engaged in, or seeks to engage in any--
“(aa) illicit trafficking in any controlled substance;
“(bb) activity relating to espionage or sabotage;
“(cc) activity related to money laundering (as described in section 1956 or 1957 of title 18, United States Code);
“(dd) terrorist activity (as defined in clauses (iii) and (iv) of section 212(a)(3)(B));
“(ee) human trafficking or human rights offense; or
“(ff) violation of any statute, regulation, or Executive Order regarding foreign financial transactions or foreign asset control.
“(ii) Information required.--The Secretary shall require such attestations and information, including, the submission of fingerprints to the Federal Bureau of Investigation, and shall perform such criminal record checks and other background checks with respect to a regional center or regional center associated commercial enterprise, and persons involved in a regional center or regional center associated commercial enterprise as described in clause (i), as the Secretary considers appropriate to determine whether the regional center or regional center associated commercial enterprise is in compliance with clause (i). The Secretary may require the information and attestations described in this clause from such regional center or regional center associated commercial enterprise, and any person involved in the regional center or regional center associated commercial enterprise, at any time on or after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.
“(iii) Termination.--The Secretary is authorized, in the Secretary's unreviewable discretion, to terminate any regional center or regional center associated commercial enterprise from the program under this paragraph if the Secretary determines that--
“(I) the regional center or regional center associated commercial enterprise is in violation of clause (i);
“(II) the regional center, a regional center associated commercial enterprise, or any person involved with the regional center or regional center associated commercial enterprise has provided any false attestation or information under clause (ii);
“(III) the regional center, regional center associated commercial enterprise, or any person involved with the regional center or regional center associated commercial enterprise, fails to provide an attestation or information requested by the Secretary under clause (ii); or
“(IV) the regional center, a regional center associated commercial enterprise, or any person involved with the regional center or regional center associated commercial enterprise is engaged in fraud, misrepresentation, criminal misuse, or threats to national security.
“(iv) Treatment of investors if regional center terminated.--An alien who previously invested in a commercial enterprise associated with a regional center that is subsequently terminated under subclause (iii) shall be provided an opportunity to invest in another approved regional center. The termination of the regional center shall not affect the alien's status.
“(I) Regional center compliance with securities laws.--
“(i) Certification required.--The Secretary of Homeland Security shall not approve an application for regional center designation or regional center amendment that does not certify that the regional center and, to the best knowledge of the applicant, all parties to the regional center are in, and will maintain, compliance with the securities laws of the United States.
“(ii) Exception for governmental entity.--If the regional center described in clause (i) is operated by a State or municipal entity, the regional center may obtain the certifications required under subclause (i) for any commercial enterprises associated with the regional center.
“(iii) Oversight required.--In furtherance of the certification described in clause (i), any regional center not operated by a State or municipal entity shall monitor and supervise all offers and sales of securities made by associated commercial enterprises to ensure compliance with the securities laws of the United States, and to maintain records, data ,and information relating to all such offers and sales of securities.
“(iv) Termination or suspension.--The Secretary shall terminate the designation of any regional center that does not provide the certification described in subclause (i) on an annual basis. In addition to any other authority provided to the Secretary regarding the regional center program described in subparagraph (E), the Secretary may, in his or her unreviewable discretion, suspend or terminate the designation of any regional center if he or she determines that the regional center or any party to the regional center--
“(I) is permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction in connection with the purchase or sale of a security;
“(II) is subject to any final order of the Securities and Exchange Commission that--
“(aa) bars such person from association with an entity regulated by the Securities and Exchange Commission; or
“(bb) constitutes a final order based on violations in connection with the purchase or sale of a security; or
“(III) knowingly submitted or caused to be submitted a certification described in clause (i) that contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.
“(v) Savings provision.--Nothing in this subparagraph may be construed to impair or limit the authority of the Securities and Exchange Commission under the Federal securities laws.
“(vi) Defined term.--In this subparagraph, the term ‘party to the regional center' includes the regional center, its agents, employees, and attorneys, and any persons in active concert or participation with the regional center.
“(J) Denial or revocation.--If the Secretary of Homeland Security determines, in his or her unreviewable discretion, that the approval of a petition, application, or benefit described in this subparagraph is contrary to the national interest of the United States for reasons relating to fraud, misrepresentation, criminal misuse, or threats to national security, the Secretary may deny or revoke the approval of--
“(i) a petition seeking classification of an alien as an alien investor under this paragraph;
“(ii) a petition to remove conditions under section 216A before granting lawful permanent resident status or any other petition, application, or benefit based upon the previous or concurrent filing or approval of a petition for classification of an alien under this paragraph; or
“(iii) an application for designation as a regional center.”.
(c) Assistance by the Secretary of Commerce.--
(1) In general.--The Secretary of Commerce, upon the request of the Secretary, shall provide consultation assistance for determining whether--
(A) a proposed regional center should be designated, terminated, or subject to other adjudicative action; or
(B) a petitioner or applicant for a benefit under section 203(b)(5) of the Immigration and Nationality Act, as amended by subsection (b), has met the requirements under such paragraph with respect to job creation.
(2) Rulemaking.--The Secretary and the Secretary of Commerce may each adopt such rules and regulations as are necessary to carry out the consultation process provided for in paragraph (1).
(3) Savings provision.--The consultation provided under paragraph (1) shall be voluntary. Nothing in this subsection may be construed to require consultation with the Secretary of Commerce to continue the designation of a regional center approved before the date of the enactment of this Act or to impede or delay the adjudication petitions by the Secretary.
(d) Effective Date.--The amendments made by this section--
(1) shall be effective upon the enactment of this Act; and
(2) shall apply to--
(A) any application to designate a regional center, and any person involved with the regional center, that is pending or approved on or after the date of the enactment of this Act; and
(B) any regional center approved before the date of the enactment of this Act, on or after a delayed effective date that is 1 year after such date of enactment with respect to any person involved in the regional center on or after such delayed effective date.
SEC. 4805. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND CHILDREN.
(a) In General.--Section 216A (8 U.S.C. 1186b) is amended to read as follows:
“SEC. 216A. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND CHILDREN.
“(a) In General.--
“(1) Conditional basis for status.--Notwithstanding any other provision of this Act, employment-based immigrants (as defined in subsection (g)(4)), alien spouses, and alien children (as such terms are defined in subsection (g)(2)) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.
“(2) Notice of requirements.--
“(A) At time of obtaining permanent residence.--At the time an employment-based immigrant, alien spouse, or alien child obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to the alien, spouse, or child respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed.
“(B) At time of required petition.--In addition, the Secretary of Homeland Security shall attempt to provide notice to an employment-based immigrant, alien spouse, or alien child, at or about the beginning of the 90-day period described in subsection (d)(3), of the requirements of subsection (c)(1).
“(C) Effect of failure to provide notice.--The failure of the Secretary of Homeland Security to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to an employment-based immigrant, alien spouse, or alien child.
“(b) Termination of Status if Finding That Qualifying Employment Improper.--
“(1) Alien investor.--In the case of an alien investor with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that--
“(A) the investment in the commercial enterprise was intended as a means of evading the immigration laws of the United States;
“(B)(i) the alien did not invest, or was not actively in the process of investing, the requisite capital; or
“(ii) the alien was not sustaining the actions described in clause (i) throughout the period of the alien's residence in the United States; or
“(C) subject to the exception in subsection (d)(5), the alien was otherwise not conforming to the requirements under section 203(b)(5), the Secretary shall so notify the alien investor and, subject to paragraph (3), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination.
“(2) Employee of a federal national security, science, and technology laboratory, center or agency.--In the case of an employee of a Federal national security, science, and technology laboratory, center, or agency (as defined pursuant to section 203(b)(2)(C)) with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security, in consultation with the relevant employing department or agency, determines, before the first anniversary of the alien's obtaining the status of lawful admission for permanent residence, that--
“(A) the qualifying employment was intended as a means of evading the immigration laws of the United States;
“(B) the alien has not completed or is not likely to complete 12 months of qualifying continuous employment; or
“(C) the alien did not otherwise conform with the requirements of section 203(b)(2), the Secretary shall so notify the alien involved and, subject to paragraph (3), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination.
“(3) Hearing in removal proceeding.--Any alien whose permanent resident status is terminated under paragraph (1) or (2) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that a condition described in paragraph (1) or (2), as appropriate, is met.
“(c) Requirements of Timely Petition and Interview for Removal of Condition.--
“(1) In general.--
“(A) Petition and interview.--In order for the conditional basis established under subsection (a) for an employment-based immigrant, alien spouse, or alien child to be removed--
“(i) the employment-based immigrant shall submit to the Secretary of Homeland Security, during the period described in subsection (d)(3), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in paragraph (1) or (2) of subsection (d), as appropriate; and
“(ii) in accordance with subsection (d)(3), the employment-based immigrant must appear for a personal interview before an officer or employee of U.S. Citizenship and Immigration Services respecting such facts and information.
“(B) Separate petition not required.--An alien spouse or alien child shall not be required to file separate petitions under subparagraph (A)(i) if the employment-based immigrant's petition includes such alien spouse or alien child.
“(C) Additional fee.--Notwithstanding any other provision under this section, the Secretary may require the employment-based immigrant to pay an additional fee for a petition filed under subparagraph (A)(i) that includes the alien's spouse and child or children.
“(2) Termination of permanent resident status for failure to file petition or have personal interview.--
“(A) In general.--In the case of an alien with permanent resident status on a conditional basis under subsection (a), if--
“(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A); or
“(ii) unless there is good cause shown, the employment-based immigrant fails to appear at the interview described in paragraph (1)(B) (if required under subsection (d)(4)), the Secretary of Homeland Security shall terminate the permanent resident status of the alien (and the alien's spouse and children if it was obtained on a conditional basis under this section or section 216) as of the second anniversary of the alien's lawful admission for permanent residence.
“(B) Hearing in removal proceeding.--In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B).
“(3) Determination after petition and interview.--
“(A) In general.--If--
“(i) a petition is filed in accordance with the provisions of paragraph (1)(A); and
“(ii) the employment-based immigrant appears at any interview described in paragraph (1)(B), the Secretary of Homeland Security shall make a determination, not later than 90 days after the date of such filing or interview (whichever is later), as to whether the facts and information described in paragraph (1) or (2) of subsection (d), as appropriate, and alleged in the petition are true.
“(B) Removal of conditional basis if favorable determination.--
“(i) Removal of conditional basis for alien investor.--If the Secretary of Homeland Security determines with respect to a petition filed by an alien investor that such facts and information are true, the Secretary shall so notify the alien investor and shall remove the conditional basis of the alien's status effective as of the second anniversary of the alien's lawful admission for permanent residence.
“(ii) Removal of conditional basis for employee of a federal national security, science, and technology laboratory, center or agency.--If the Secretary of Homeland Security determines with respect to a petition filed by an employee of a Federal national security, science, and technology laboratory, center, or agency that such facts and information are true, the Secretary shall so notify the alien and shall remove the conditional basis of the alien's status effective as of the first anniversary of the alien's lawful admission for permanent residence.
“(C) Termination if adverse determination.--If the Secretary of Homeland Security determines that such facts and information are not true, the Secretary shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an employment-based immigrant, alien spouse, or alien child as of the date of the determination.
“(D) Hearing in removal proceeding.--Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) and alleged in the petition are not true.
“(d) Details of Petition and Interview.--
“(1) Contents of petition by alien investor.--Each petition filed by an alien investor under section (c)(1)(A) shall contain facts and information demonstrating that the alien--
“(A)(i) invested, or is actively in the process of investing, the requisite capital; and
“(ii) sustained the actions described in clause (i) throughout the period of the alien's residence in the United States; and
“(B) except as provided in paragraph (4), is otherwise conforming to the requirements under section 203(b)(5).
“(2) Contents of petition by employee of a federal national security, science, and technology laboratory, center, or agency.--Each petition under subsection (c)(1)(A) filed by an employee of a Federal national security, science, and technology laboratory, center, or agency shall contain facts and information demonstrating that the alien is conforming to the requirements of section 203(b)(2).
“(3) Period for filing petition.--
“(A) 90-day period before anniversary.--Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) must be filed as follows:
“(i) In the case of an alien investor, during the 90-day period before the second anniversary of the alien's lawful admission for permanent residence.
“(ii) In the case of an employee of a Federal national security, science, and technology laboratory, center, or agency, during the 90-day period before the first anniversary of the alien's lawful admission for permanent residence.
“(B) Late petitions.--Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Secretary of Homeland Security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A).
“(C) Filing of petitions during removal.--In the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Secretary of Homeland Security may stay such removal proceedings against an alien pending the filing of the petition under subparagraph (B).
“(4) Personal interview.--The interview under subsection (c)(1)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) and at a local office of U.S. Citizenship and Immigration Services, designated by the Secretary of Homeland Security, which is convenient to the parties involved. The Secretary, in the discretion of the Secretary, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate.
“(5) Special rule for alien investors in a regional center.--Each petition under subsection (c)(1)(A) filed by an alien investor who invests in accordance with section 203(b)(5)(E) shall contain facts and information demonstrating that the alien is complying with the requirements under section 203(b)(5), except--
“(A) the alien shall not be subject to the requirements under section 203(b)(5)(A)(ii); and
“(B) the petition shall--
“(i) refer to the most recent financial statement filed by the regional center in which the alien has invested in accordance with section 203(b)(5)(G); and
“(ii) contain a certification that the petitioner has read the financial statement to which the alien's petition refers.
“(6) Effect of prior determinations.--The approval of any of the items described in section 203(b)(5)(F)(i) submitted in support of a petition seeking classification of an alien as an alien investor under section 203(b)(5) shall be binding for purposes of the adjudication of the alien investor's petition filed under this section 216A, unless the Secretary determines that there is evidence of fraud, misrepresentation, criminal misuse, a threat to national security, a material change that affects the approved economic model, or evidence affecting program eligibility that was not disclosed by the petitioner.
“(e) Treatment of Period for Purposes of Naturalization.--For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence, if the alien has had the conditional basis removed pursuant to this section.
“(f) Fraud, Misrepresentation, Criminal Misuse, or Threats to the Public Safety or National Security.--If the Secretary of Homeland Security determines, in his or her sole and unreviewable discretion, that the conditional permanent resident status granted to an employment-based immigrant under subsection (a), or to an alien researcher described in section 203(b)(2)(A)(ii) is contrary to the national interest of the United States for reasons relating to fraud, misrepresentation, criminal misuse, or threats to national security, the Secretary shall--
“(1) notify the immigrant involved of such determination; and
“(2) terminate the permanent resident status of the immigrant involved (and the alien spouse and alien children of such immigrant) as of the date of such determination.
“(g) Definitions.--In this section:
“(1) The term ‘alien investor' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 203(b)(5).
“(2) The term ‘alien spouse' and the term ‘alien child' mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of an alien investor or an employee of a Federal national security, science, and technology laboratory, center, or agency.
“(3) The term ‘commercial enterprise' includes a limited partnership.
“(4) The term ‘employment-based immigrant' means an alien described in paragraph (1) or (5).
“(5) The term ‘employee of a Federal national security, science, and technology laboratory, center, or agency' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 203(b)(2)(A)(ii).”.
(b) Conforming Amendment.--Section 216(e) (8 U.S.C. 1186a(e)) is amended by inserting before the period at the end the following: “, if the alien has had the conditional basis removed pursuant to this section”.
(c) Clerical Amendment.--The table of contents is amended by striking the item relating to section 216A and inserting the following:
“Sec. 216A. Conditional permanent resident status for certain employment-based immigrants, spouses, and children.”.
SEC. 4806. EB-5 VISA REFORMS.
(a) Aliens Not Subject to Direct Numerical Limitation.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sections 2103(c)(2), 2212(d)(2), 2307(b), and 2402, is further amended by adding at the end the following:
“(P) Aliens who are the spouse or a child of an alien admitted as an employment-based immigrant under section 203(b)(5).”.
(b) Technical Amendment.--Section 203(b)(5), as amended by this Act, is further amended by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”.
(c) Targeted Employment Areas.--
(1) In general.--Section 203(b)(5)(B) (8 U.S.C. 1153(b)(5)(B)) is amended to read as follows:
“(B) Set-aside for targeted employment areas.--
“(i) In general.--Not fewer than 5,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who invest in a new commercial enterprise described in subparagraph (A), which--
“(I) is investing such capital in a targeted employment area; and
“(II) will create employment in such targeted employment area.
“(ii) Duration of high unemployment area designation.--A designation of a high unemployment area as a targeted employment area shall be valid for 5 years and may be renewed for additional 5-year periods if the area continues to meet the definition of a high unemployment area. An investor who has made the required amount of investment in such a targeted employment area during its period of designation shall not be required to increase the amount of investment based upon expiration of the designation.”.
(d) Adjustment of Minimum EB-5 Investment Amount.--Section 203(b)(5)(C)(i) (8 U.S.C. 1153(b)(5)(C)(i)) is amended--
(1) by striking “The Attorney General” and inserting “The Secretary of Commerce”;
(2) by striking “Secretary of State” and inserting “Secretary of Homeland Security”; and
(3) by adding at the end the following: “Unless adjusted by the Secretary of Commerce, the amount specified in this clause shall automatically adjust, on January 1, 2016, by the percentage change in the Consumer Price Index (CPI-U) during fiscal year 2015, and on every fifth subsequent January 1 by the cumulative percentage change in the CPI-U during the previous 5 fiscal years, for any petition filed to classify an alien under this paragraph on or after the date of each automatic adjustment.”.
(e) Definitions.--
(1) In general.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)), as amended by subsections (b) and (c) and by section 4804, is further amended--
(A) by striking subparagraph (D) and inserting following:
“(D) Calculation of full-time employment.--Job creation under this paragraph may consist of employment measured in full-time equivalents, including intermittent or seasonal employment opportunities and construction jobs. A full-time employment position is not a requirement for indirect job creation.”; and
(B) by adding at the end the following:
“(K) Definitions.--In this paragraph:
“(i) The term ‘capital' means all real, personal, or mixed assets, whether tangible or intangible, owned or controlled by the investor, or held in trust for the benefit of the investor, to which the investor has unrestricted access, which shall be valued at fair market value in United States dollars, in accordance with Generally Accepted Accounting Principles, at the time it is invested under this paragraph.
“(ii) The term ‘full-time employment' means employment in a position that requires at least 35 hours of service per week, regardless of how many employees fill the position.
“(iii) The term ‘high unemployment area' means--
“(I) an area consisting of a census tract or contiguous census tracts that has an unemployment rate that is at least 150 percent of the national average unemployment rate; or
“(II) an area that is within the boundaries established for purposes of a Federal or State economic development incentive program, including areas defined as Enterprise Zones, Renewal Communities, Promise Zones, and Empowerment Zones, and other programs for the purposes of job creation, small business creation, and neighborhood revitalization.
“(iv) The term ‘rural area' means--
“(I) any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States); or
“(II) any city or town having a population of fewer than 20,000 (based on the most recent decennial census of the United States) that is located within a State having a population of fewer than 1,500,000 (based on the most recent decennial census of the United States).
“(v) The term ‘targeted employment area' means a rural area, any community adversely affected by a recommendation by the Defense Base Closure and Realignment Commission, or a high unemployment area.”.
(2) Rulemaking.--The Secretary, in consultation with the Secretary of Defense, shall issue appropriate regulations to account for the modified definition of targeted employment area in section 203(b)(5)(K)(v), as amended by paragraph (1)(B).
(3) Effective date.--The amendment made by paragraph (1) shall apply to any application for a visa under section 204(a)(7) of the Immigration and Nationality Act that is filed on or after the date that is 1 year after the date of the enactment of this Act, unless the petitioner requests in the petition that they take immediate effect.
(4) Rule of construction.--None of the amendments made by paragraph (1) may be construed to deny any petition under section 216A filed by an alien who filed a petition under section 203(b)(5) before the date of the enactment of this Act.
(f) Age Determination for Children of Alien Investors.--Section 203(h) (8 U.S.C. 1153(h)), as amended by section 2305(d), is further amended by adding at the end the following:
“(5) Age determination for children of alien investors.--An alien admitted under subsection (d) as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under subsection (b)(5), whose lawful permanent resident status on a conditional basis is terminated under section 216A, shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under subsection (b)(5) if the alien remains unmarried and the subsequent petition is filed by the principal alien not later than 1 year after the termination of conditional lawful permanent resident status. No alien shall be considered a child under this paragraph with respect to more than 1 petition filed after the alien's 21st birthday.”.
(g) Enhanced Pay Scale for Certain Federal Employees Administering the EB-5 Program.--The Secretary may establish, fix the compensation of, and appoint individuals to, designated critical administrative, technical, and professional positions needed to administer sections 203(b)(5) and 216A of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b).
(h) Delegation of Certain EB-5 Authority.--
(1) In general.--The Secretary of Homeland Security may delegate to the Secretary of Commerce authority and responsibility for determinations under sections 203(b)(5) and 216A (with respect to alien entrepreneurs) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186a), including determining whether an alien has met employment creation requirements.
(2) Regulations.--The Secretary of Homeland Security and the Secretary of Commerce may each adopt such rules and regulations as are necessary to carry out the delegation authorized under paragraph (1), including regulations governing the eligibility criteria for obtaining benefits pursuant to the amendments made by this section.
(3) Use of fees.--Adjudication fees described in section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) shall remain available until expended to reimburse the Secretary of Commerce for the costs of any determinations made by the Secretary of Commerce under paragraph (1).
(i) Concurrent Filing of EB-5 Petitions and Applications for Adjustment of Status.--Section 245 (8 U.S.C. 1255), as amended by sections 2305(d), 2310(c), 3201(e), and 4237(b), is further amended--
(1) in subsection (k), in the matter preceding paragraph (1), by striking “or (3)” and inserting “(3), (5), or (7)”; and
(2) by adding at the end the following:
“(o) At the time a petition is filed for classification under section 203(b)(5), if the approval of such petition would make a visa immediately available to the alien beneficiary, the alien beneficiary's application for adjustment of status under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition.”.
At the end of section 4806, add the following:
(j) Reports.--
(1) Requirement for reports.--Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a report on the EB-5 program carried out pursuant to section 203(b)(5) of the Immigration and Nationality (8 U.S.C. 1153(b)(5)), as amended by this section.
(2) Content.--Each report required by paragraph (1) shall include the following:
(A) The number of applications pending for an immigrant visa described in section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), disaggregated by State.
(B) The period of time each such application has been pending.
(C) The average length of time required to conduct an economic evaluation of a project and suitability of a petitioner for such a visa and the Secretary's goals for these timeframes.
(D) A description of any additional resources necessary to efficiently administer the EB-5 program carried out pursuant to such section 203(b)(5).
(E) The number of applications that have been approved or denied for such a visa in the most recent reporting period with an accompanying explanation of reasons for such approval or denial, disaggregated by State.
(F) The number of jobs created by such EB-5 program in each 180-day period, disaggregated by State.
(G) The types of projects proposed and the number of aliens granted such a visa in each 180-day period, disaggregated by State and by North American Industry Classification System (NAICS) code.
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Senate amendment submitted
June 20, 2013