HR 4213 — Department of Homeland Security Appropriations Act, 2026

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

 DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2005

(Public Law 108-334)

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 TITLE V

GENERAL PROVISIONS

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 Sec. 515. (a) In General.--Chapter 449 of title 49, United 
States Code, is amended by inserting after section 44944 the 
following new section:

``SEC. 44945. DISPOSITION OF UNCLAIMED MONEY

 ``Notwithstanding section 3302 of title 31, unclaimed money 
recovered at any airport security checkpoint shall be retained 
by the Transportation Security Administration and shall remain 
available until expended for the purpose of providing civil 
aviation security as required in this chapter.''.
 (b) Annual [Report] Briefing.--Not later than 180 days after 
the date of enactment of this Act and annually thereafter, the 
Administrator of the Transportation Security Administration 
shall transmit to the Committee on Transportation and 
Infrastructure of the House of Representatives; the Committee 
on Appropriations of the House of Representatives; the 
Committee on Commerce, Science and Transportation of the 
Senate; and the Committee on Appropriations of the Senate, a 
[report] briefing that contains a detailed description of the 
amount of unclaimed money recovered in total and at each 
individual airport, and specifically how the unclaimed money is 
being used to provide civil aviation security.
 (c) Clerical Amendment.--The analysis for chapter 449 of 
title 49, United States Code, is amended by adding the 
following new item after the item relating to section 44944:

``44945. Disposition of unclaimed money.''.
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 ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

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 TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

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SEC. 203. PREDISASTER HAZARD MITIGATION.

 (a) Definition of Small Impoverished Community.--In this 
section, the term ``small impoverished community'' means a 
community of 3,000 or fewer individuals that is economically 
disadvantaged, as determined by the State in which the 
community is located and based on criteria established by the 
President.
 (b) Establishment of Program.--The President [may] shall 
establish a program to provide technical and financial 
assistance to States and local governments to assist in the 
implementation of predisaster hazard mitigation measures that 
are related to a major disaster declaration in the previous 4 
years and cost-effective and are designed to reduce injuries, 
loss of life, and damage and destruction of property, including 
damage to critical services and facilities under the 
jurisdiction of the States or local governments.
 (c) Approval by President.--If the President determines that 
a State or local government has identified natural disaster 
hazards in areas under its jurisdiction and has demonstrated 
the ability to form effective public-private natural disaster 
hazard mitigation partnerships, the President, using amounts in 
the National Public Infrastructure Predisaster Mitigation Fund 
established under subsection (i) (referred to in this section 
as the ``Fund''), [may] shall provide technical and financial 
assistance to the State or local government to be used in 
accordance with subsection (e).
 (d) State Recommendations.--
 (1) In general.--
 (A) Recommendations.--The Governor of each 
 State may recommend to the President not fewer 
 than five local governments to receive 
 assistance under this section.
 (B) Deadline for submission.--The 
 recommendations under subparagraph (A) shall be 
 submitted to the President not later than 
 October 1, 2001, and each October 1st 
 thereafter or such later date in the year as 
 the President may establish.
 (C) Criteria.--In making recommendations 
 under subparagraph (A), a Governor shall 
 consider the criteria specified in subsection 
 (g).
 (2) Use.--
 (A) In general.--Except as provided in 
 subparagraph (B), in providing assistance to 
 local governments under this section, the 
 President shall select from local governments 
 recommended by the Governors under this 
 subsection.
 (B) Extraordinary circumstances.--In 
 providing assistance to local governments under 
 this section, the President may select a local 
 government that has not been recommended by a 
 Governor under this subsection if the President 
 determines that extraordinary circumstances 
 justify the selection and that making the 
 selection will further the purpose of this 
 section.
 (3) Effect of failure to nominate.--If a Governor of 
 a State fails to submit recommendations under this 
 subsection in a timely manner, the President may 
 select, subject to the criteria specified in subsection 
 (g), any local governments of the State to receive 
 assistance under this section.
 (e) Uses of Technical and Financial Assistance.--
 (1) In general.--Technical and financial assistance 
 provided under this section--
 (A) shall be used by States and local 
 governments principally to implement 
 predisaster hazard mitigation measures that are 
 cost-effective and are described in proposals 
 approved by the President under this section; 
 and
 (B) may be used--
 (i) to support effective public-
 private natural disaster hazard 
 mitigation partnerships;
 (ii) to improve the assessment of a 
 community's vulnerability to natural 
 hazards;
 (iii) to establish hazard mitigation 
 priorities, and an appropriate hazard 
 mitigation plan, for a community; or
 (iv) to establish and carry out 
 enforcement activities and implement 
 the latest published editions of 
 relevant consensus-based codes, 
 specifications, and standards that 
 incorporate the latest hazard-resistant 
 designs and establish minimum 
 acceptable criteria for the design, 
 construction, and maintenance of 
 residential structures and facilities 
 that may be eligible for assistance 
 under this Act for the purpose of 
 protecting the health, safety, and 
 general welfare of the buildings' users 
 against disasters.
 (2) Dissemination.--A State or local government may 
 use not more than 10 percent of the financial 
 assistance received by the State or local government 
 under this section for a fiscal year to fund activities 
 to disseminate information regarding cost-effective 
 mitigation technologies.
 (f) Allocation of Funds.--
 (1) In general.--The President shall award financial 
 assistance under this section on a competitive basis 
 for mitigation activities that are cost effective and 
 in accordance with the criteria in subsection (g).
 (2) Minimum and maximum amounts.--In providing 
 financial assistance under this section, the President 
 shall ensure that the amount of financial assistance 
 made available to a State (including amounts made 
 available to local governments of the State) for a 
 fiscal year--
 (A) is not less than the lesser of--
 (i) $575,000; or
 (ii) the amount that is equal to 1 
 percent of the total funds appropriated 
 to carry out this section for the 
 fiscal year; and
 (B) does not exceed the amount that is equal 
 to 15 percent of the total funds appropriated 
 to carry out this section for the fiscal year.
 (3) Redistribution of unobligated amounts.--The 
 President may--
 (A) withdraw amounts of financial assistance 
 made available to a State (including amounts 
 made available to local governments of a State) 
 under this subsection that remain unobligated 
 by the end of the third fiscal year after the 
 fiscal year for which the amounts were 
 allocated; and
 (B) in the fiscal year following a fiscal 
 year in which amounts were withdrawn under 
 subparagraph (A), add the amounts to any other 
 amounts available to be awarded on a 
 competitive basis pursuant to paragraph (1).
 (g) Criteria for Assistance Awards.--In determining whether 
to provide technical and financial assistance to a State or 
local government under this section, the President shall 
provide financial assistance only in States that have received 
a major disaster declaration in the previous [7 years] 4 years, 
or to any Indian tribal government located partially or 
entirely within the boundaries of such States, and take into 
account--
 (1) the extent and nature of the hazards to be 
 mitigated;
 (2) the degree of commitment of the State or local 
 government to reduce damages from future natural 
 disasters;
 (3) the degree of commitment by the State or local 
 government to support ongoing non-Federal support for 
 the hazard mitigation measures to be carried out using 
 the technical and financial assistance;
 (4) the extent to which the hazard mitigation 
 measures to be carried out using the technical and 
 financial assistance contribute to the mitigation goals 
 and priorities established by the State;
 (5) the extent to which the technical and financial 
 assistance is consistent with other assistance provided 
 under this Act;
 (6) the extent to which prioritized, cost-effective 
 mitigation activities that produce meaningful and 
 definable outcomes are clearly identified;
 (7) if the State or local government has submitted a 
 mitigation plan under section 322, the extent to which 
 the activities identified under paragraph (6) are 
 consistent with the mitigation plan;
 (8) the opportunity to fund activities that maximize 
 net benefits to society;
 (9) the extent to which assistance will fund 
 mitigation activities in small impoverished 
 communities;
 (10) the extent to which the State, local, Indian 
 tribal, or territorial government has facilitated the 
 adoption and enforcement of the latest published 
 editions of relevant consensus-based codes, 
 specifications, and standards, including amendments 
 made by State, local, Indian tribal, or territorial 
 governments during the adoption process that 
 incorporate the latest hazard-resistant designs and 
 establish criteria for the design, construction, and 
 maintenance of residential structures and facilities 
 that may be eligible for assistance under this Act for 
 the purpose of protecting the health, safety, and 
 general welfare of the buildings' users against 
 disasters[;]; and
 (11) the extent to which the assistance will fund 
 activities that increase the level of resiliency[; 
 and].
 [(12) such other criteria as the President 
 establishes in consultation with State and local 
 governments.]
 (h) Federal Share.--
 (1) In general.--Financial assistance provided under 
 this section may contribute up to 75 percent of the 
 total cost of mitigation activities approved by the 
 President.
 (2) Small impoverished communities.--Notwithstanding 
 paragraph (1), the President may contribute up to 90 
 percent of the total cost of a mitigation activity 
 carried out in a small impoverished community.
 (i) National Public Infrastructure Predisaster Mitigation 
Assistance.--
 (1) In general.--The President [may] shall set aside 
 from the Disaster Relief Fund, with respect to each 
 major disaster, an amount [equal to] that is not less 
 than 3 percent and not more than 6 percent of the 
 estimated aggregate amount of the grants to be made 
 pursuant to sections 403, 406, 407, 408, 410, 416, and 
 428 for the major disaster in order to provide 
 technical and financial assistance under this section 
 and such set aside shall be deemed to be related to 
 activities carried out pursuant to major disasters 
 under this Act.
 (2) Estimated aggregate amount.--Not later than 180 
 days after each major disaster declaration pursuant to 
 this Act, the estimated aggregate amount of grants for 
 purposes of paragraph (1) shall be determined by the 
 President and such estimated amount need not be 
 reduced, increased, or changed due to variations in 
 estimates.
 (3) No reduction in amounts.--The amount set aside 
 pursuant to paragraph (1) shall not reduce the amounts 
 otherwise made available for sections 403, 404, 406, 
 407, 408, 410, 416, and 428 under this Act.
 (j) Multihazard Advisory Maps.--
 (1) Definition of multihazard advisory map.--In this 
 subsection, the term ``multihazard advisory map'' means 
 a map on which hazard data concerning each type of 
 natural disaster is identified simultaneously for the 
 purpose of showing areas of hazard overlap.
 (2) Development of maps.--In consultation with 
 States, local governments, and appropriate Federal 
 agencies, the President shall develop multihazard 
 advisory maps for areas, in not fewer than five States, 
 that are subject to commonly recurring natural hazards 
 (including flooding, hurricanes and severe winds, and 
 seismic events).
 (3) Use of technology.--In developing multihazard 
 advisory maps under this subsection, the President 
 shall use, to the maximum extent practicable, the most 
 cost-effective and efficient technology available.
 (4) Use of maps.--
 (A) Advisory nature.--The multihazard 
 advisory maps shall be considered to be 
 advisory and shall not require the development 
 of any new policy by, or impose any new policy 
 on, any government or private entity.
 (B) Availability of maps.--The multihazard 
 advisory maps shall be made available to the 
 appropriate State and local governments for the 
 purposes of--
 (i) informing the general public 
 about the risks of natural hazards in 
 the areas described in paragraph (2);
 (ii) supporting the activities 
 described in subsection (e); and
 (iii) other public uses.
 (k) Report on Federal and State Administration.--Not later 
than 18 months after the date of the enactment of this section, 
the President, in consultation with State and local 
governments, shall submit to Congress a report evaluating 
efforts to implement this section and recommending a process 
for transferring greater authority and responsibility for 
administering the assistance program established under this 
section to capable States.
 (l) Prohibition on Earmarks.--
 (1) Definition.--In this subsection, the term 
 ``congressionally directed spending'' means a statutory 
 provision or report language included primarily at the 
 request of a Senator or a Member, Delegate or Resident 
 Commissioner of the House of Representatives providing, 
 authorizing, or recommending a specific amount of 
 discretionary budget authority, credit authority, or 
 other spending authority for a contract, loan, loan 
 guarantee, grant, loan authority, or other expenditure 
 with or to an entity, or targeted to a specific State, 
 locality, or Congressional district, other than through 
 a statutory or administrative formula-driven or 
 competitive award process.
 (2) Prohibition.--None of the funds appropriated or 
 otherwise made available to carry out this section may 
 be used for congressionally directed spending.
 (3) Certification to congress.--The Administrator of 
 the Federal Emergency Management Agency shall submit to 
 Congress a certification regarding whether all 
 financial assistance under this section was awarded in 
 accordance with this section.
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 IMMIGRATION AND NATIONALITY ACT

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 TITLE I--GENERAL

 definitions

 Section 101. (a) As used in this Act--
 (1) The term ``administrator'' means the official designated 
by the Secretary of State pursuant to section 104(b) of this 
Act.
 (2) The term ``advocates'' includes, but is not limited to, 
advises, recommends, furthers by overt act, and admits belief 
in.
 (3) The term ``alien'' means any person not a citizen or 
national of the United States.
 (4) The term ``application for admission'' has reference to 
the application for admission into the United States and not to 
the application for the issuance of an immigrant or 
nonimmigrant visa.
 (5) The term ``Attorney General'' means the Attorney General 
of the United States.
 (6) The term ``border crossing identification card'' means a 
document of identity bearing that designation issued to an 
alien who is lawfully admitted for permanent residence, or to 
an alien who is a resident in foreign contiguous territory, by 
a consular officer or an immigration officer for the purpose of 
crossing over the borders between the United States and foreign 
contiguous territory in accordance with such conditions for its 
issuance and use as may be prescribed by regulations. Such 
regulations shall provide that (A) each such document include a 
biometric identifier (such as the fingerprint or handprint of 
the alien) that is machine readable and (B) an alien presenting 
a border crossing identification card is not permitted to cross 
over the border into the United States unless the biometric 
identifier contained on the card matches the appropriate 
biometric characteristic of the alien.
 (7) The term ``clerk of court'' means a clerk of a 
naturalization court.
 (8) The terms ``Commissioner'' and ``Deputy Commissioner'' 
mean the Commissioner of Immigration and Naturalization and a 
Deputy Commissioner of Immigration and Naturalization, 
respectively.
 (9) The term ``consular officer'' means any consular, 
diplomatic, or other officer or employee of the United States 
designated under regulations prescribed under authority 
contained in this Act, for the purpose of issuing immigrant or 
nonimmigrant visas or, when used in title III, for the purpose 
of adjudicating nationality.
 (10) The term ``crewman'' means a person serving in any 
capacity on board a vessel or aircraft.
 (11) The term ``diplomatic visa'' means a nonimmigrant visa 
bearing that title and issued to a nonimmigrant in accordance 
with such regulations as the Secretary of State may prescribe.
 (12) The term ``doctrine'' includes, but is not limited to, 
policies, practices, purposes, aims, or procedures.
 (13)(A) The terms ``admission'' and ``admitted'' mean, with 
respect to an alien, the lawful entry of the alien into the 
United States after inspection and authorization by an 
immigration officer.
 (B) An alien who is paroled under section 212(d)(5) or 
permitted to land temporarily as an alien crewman shall not be 
considered to have been admitted.
 (C) An alien lawfully admitted for permanent residence in the 
United States shall not be regarded as seeking an admission 
into the United States for purposes of the immigration laws 
unless the alien--
 (i) has abandoned or relinquished that status,
 (ii) has been absent from the United States for a 
 continuous period in excess of 180 days,
 (iii) has engaged in illegal activity after having 
 departed the United States,
 (iv) has departed from the United States while under 
 legal process seeking removal of the alien from the 
 United States, including removal proceedings under this 
 Act and extradition proceedings,
 (v) has committed an offense identified in section 
 212(a)(2), unless since such offense the alien has been 
 granted relief under section 212(h) or 240A(a), or
 (vi) is attempting to enter at a time or place other 
 than as designated by immigration officers or has not 
 been admitted to the United States after inspection and 
 authorization by an immigration officer.
 (14) The term ``foreign state'' includes outlying possessions 
of a foreign state, but self-governing dominions and 
territories under mandate or trusteeship shall be regarded as 
separate foreign states.
 (15) The term ``immigrant'' means every alien except an alien 
who is within one of the following classes of nonimmigrant 
aliens--
 (A)(i) an ambassador, public minister, or career 
 diplomatic or consular officer who has been accredited 
 by a foreign government recognized de jure by the 
 United States and who is accepted by the President or 
 by the Secretary of State, and the members of the 
 alien's immediate family;
 (ii) upon a basis of reciprocity, other officials and 
 employees who have been accredited by a foreign 
 government recognized de jure by the United States, who 
 are accepted by the Secretary of State, and the members 
 of their immediate families; and
 (iii) upon a basis of reciprocity, attendants, 
 servants, personal employees, and members of their 
 immediate families, of the officials and employees who 
 have a nonimmigrant status under (i) and (ii) above;
 (B) an alien (other than one coming for the purpose 
 of study or of performing skilled or unskilled labor or 
 as a representative of foreign press, radio, film, or 
 other foreign information media coming to engage in 
 such vocation) having a residence in a foreign country 
 which he has no intention of abandoning and who is 
 visiting the United States temporarily for business or 
 temporarily for pleasure;
 (C)(i) an alien in immediate and continuous transit 
 through the United States, for a period not to exceed 
 29 days;
 (ii) an alien who qualifies as a person entitled to 
 pass in transit to and from the United Nations 
 Headquarters District (as defined in section 209A(e) of 
 the State Department Basic Authorities Act of 1956 (22 
 U.S.C. 4309a(e))) and foreign countries, under the 
 provisions of paragraphs (3), (4), and (5) of section 
 11 of the Agreement regarding the Headquarters of the 
 United Nations, done at Lake Success June 26, 1947 (61 
 Stat. 758); or
 (iii) an alien passing in transit through the United 
 States to board a vessel on which the alien will 
 perform, or to disembark from a vessel on which the 
 alien performed, ship-to-ship liquid cargo transfer 
 operations to or from another vessel engaged in foreign 
 trade, for a period not to exceed 180 days;
 (D)(i) an alien crewman serving in good faith as such 
 in a capacity required for normal operation and service 
 on board a vessel, as defined in section 258(a) (other 
 than a fishing vessel having its home port or an 
 operating base in the United States), or aircraft, who 
 intends to land temporarily and solely in pursuit of 
 his calling as a crewman and to depart from the United 
 States with the vessel or aircraft on which he arrived 
 or some other vessel or aircraft;
 (ii) an alien crewman serving in good faith as such 
 in any capacity required for normal operations and 
 service aboard a fishing vessel having its home port or 
 an operating base in the United States who intends to 
 land temporarily in Guam or the Commonwealth of the 
 Northern Mariana Islands and solely in pursuit of his 
 calling as a crewman and to depart from Guam or the 
 Commonwealth of the Northern Mariana Islands with the 
 vessel on which he arrived; or
 (iii) an alien crewman performing ship-to-ship liquid 
 cargo transfer operations to or from another vessel 
 engaged in foreign trade, who intends to land 
 temporarily solely in pursuit of the alien's 
 responsibilities as a crewman and to depart from the 
 United States on the vessel on which the alien arrived 
 or on another vessel or aircraft, for a period not to 
 exceed 180 days;
 (E) an alien entitled to enter the United States 
 under and in pursuance of the provisions of a treaty of 
 commerce and navigation between the United States and 
 the foreign state of which the alien is a national (or, 
 in the case of an alien who acquired the relevant 
 nationality through a financial investment and who has 
 not previously been granted status under this 
 subparagraph, the foreign state of which the alien is a 
 national and in which the alien has been domiciled for 
 a continuous period of not less than 3 years at any 
 point before applying for a nonimmigrant visa under 
 this subparagraph), and the spouse and children of any 
 such alien if accompanying or following to join such 
 alien: (i) solely to carry on substantial trade, 
 including trade in services or trade in technology, 
 principally between the United States and the foreign 
 state of which the alien is a national; (ii) solely to 
 develop and direct the operations of an enterprise in 
 which the alien has invested, or of an enterprise in 
 which the alien is actively in the process of 
 investing, a substantial amount of capital; or (iii) 
 solely to perform services in a specialty occupation in 
 the United States if the alien is a national of the 
 Commonwealth of Australia and with respect to whom the 
 Secretary of Labor determines and certifies to the 
 Secretary of Homeland Security and the Secretary of 
 State that the intending employer has filed with the 
 Secretary of Labor an attestation under section 
 212(t)(1);
 (F)(i) an alien having a residence in a foreign 
 country which he has no intention of abandoning, who is 
 a bona fide student qualified to pursue a full course 
 of study and who seeks to enter the United States 
 temporarily and solely for the purpose of pursuing such 
 a course of study consistent with section 214(l) at an 
 established college, university, seminary, 
 conservatory, academic high school, elementary school, 
 or other academic institution or in an accredited 
 language training program in the United States, 
 particularly designated by him and approved by the 
 Attorney General after consultation with the Secretary 
 of Education, which institution or place of study shall 
 have agreed to report to the Attorney General the 
 termination of attendance of each nonimmigrant student, 
 and if any such institution of learning or place of 
 study fails to make reports promptly the approval shall 
 be withdrawn, (ii) the alien spouse and minor children 
 of any alien described in clause (i) if accompanying or 
 following to join such an alien, and (iii) an alien who 
 is a national of Canada or Mexico, who maintains actual 
 residence and place of abode in the country of 
 nationality, who is described in clause (i) except that 
 the alien's qualifications for and actual course of 
 study may be full or part-time, and who commutes to the 
 United States institution or place of study from Canada 
 or Mexico;
 (G)(i) a designated principal resident representative 
 of a foreign government recognized de jure by the 
 United States, which foreign government is a member of 
 an international organization entitled to enjoy 
 privileges, exemptions, and immunities as an 
 international organization under the International 
 Organizations Immunities Act (59 Stat. 669), accredited 
 resident members of the staff of such representatives, 
 and members of his or their immediate family;
 (ii) other accredited representatives of such a 
 foreign government to such international organizations, 
 and the members of their immediate families;
 (iii) an alien able to qualify under (i) or (ii) 
 above except for the fact that the government of which 
 such alien is an accredited representative is not 
 recognized de jure by the United States, or that the 
 government of which he is an accredited representative 
 is not a member of such international organization, and 
 the members of his immediate family;
 (iv) officers, or employees of such international 
 organizations, and the members of their immediate 
 families;
 (v) attendants, servants, and personal employees of 
 any such representative, officer, or employee, and the 
 members of the immediate families of such attendants, 
 servants, and personal employees;
 (H) an alien (i) (b) subject to section 212(j)(2), 
 who is coming temporarily to the United States to 
 perform services (other than services described in 
 subclause (a) during the period in which such subclause 
 applies and other than services described in subclause 
 (ii)(a) or in subparagraph (O) or (P)) in a specialty 
 occupation described in section 214(i)(1) or as a 
 fashion model, who meets the requirements for the 
 occupation specified in section 214(i)(2) or, in the 
 case of a fashion model, is of distinguished merit and 
 ability, and with respect to whom the Secretary of 
 Labor determines and certifies to the Attorney General 
 that the intending employer has filed with the 
 Secretary an application under section 212(n)(1), or 
 (b1) who is entitled to enter the United States under 
 and in pursuance of the provisions of an agreement 
 listed in section 214(g)(8)(A), who is engaged in a 
 specialty occupation described in section 214(i)(3), 
 and with respect to whom the Secretary of Labor 
 determines and certifies to the Secretary of Homeland 
 Security and the Secretary of State that the intending 
 employer has filed with the Secretary of Labor an 
 attestation under section 212(t)(1), or (c) who is 
 coming temporarily to the United States to perform 
 services as a registered nurse, who meets the 
 qualifications described in section 212(m)(1), and with 
 respect to whom the Secretary of Labor determines and 
 certifies to the Attorney General that an unexpired 
 attestation is on file and in effect under section 
 212(m)(2) for the facility (as defined in section 
 212(m)(6)) for which the alien will perform the 
 services; or (ii)(a) having a residence in a foreign 
 country which he has no intention of abandoning who is 
 coming temporarily to the United States to perform 
 agricultural labor or services, as defined by the 
 Secretary of Labor in regulations and including 
 agricultural labor defined in section 3121(g) of the 
 Internal Revenue Code of 1986, agriculture as defined 
 in section 3(f) of the Fair Labor Standards Act of 1938 
 (29 U.S.C. 203(f)), and the pressing of apples for 
 cider on a farm, of a temporary or seasonal nature, or 
 (b) having a residence in a foreign country which he 
 has no intention of abandoning who is coming 
 temporarily to the United States to perform other 
 temporary service or labor if unemployed persons 
 capable of performing such service or labor cannot be 
 found in this country, but this clause shall not apply 
 to graduates of medical schools coming to the United 
 States to perform services as members of the medical 
 profession; or (iii) having a residence in a foreign 
 country which he has no intention of abandoning who is 
 coming temporarily to the United States as a trainee, 
 other than to receive graduate medical education or 
 training, in a training program that is not designed 
 primarily to provide productive employment; and the 
 alien spouse and minor children of any such alien 
 specified in this paragraph if accompanying him or 
 following to join him;
 (I) upon a basis of reciprocity, an alien who is a 
 bona fide representative of foreign press, radio, film, 
 or other foreign information media, who seeks to enter 
 the United States solely to engage in such vocation, 
 and the spouse and children of such a representative if 
 accompanying or following to join him;
 (J) an alien having a residence in a foreign country 
 which he has no intention of abandoning who is a bona 
 fide student, scholar, trainee, teacher, professor, 
 research assistant, specialist, or leader in a field of 
 specialized knowledge or skill, or other person of 
 similar description, who is coming temporarily to the 
 United States as a participant in a program designated 
 by the Director of the United States Information 
 Agency, for the purpose of teaching, instructing or 
 lecturing, studying, observing, conducting research, 
 consulting, demonstrating special skills, or receiving 
 training and who, if he is coming to the United States 
 to participate in a program under which he will receive 
 graduate medical education or training, also meets the 
 requirements of section 212(j), and the alien spouse 
 and minor children of any such alien if accompanying 
 him or following to join him;
 (K) subject to subsections (d) and (p) of section 
 214, an alien who--
 (i) is the fiancee or fiance of a citizen of 
 the United States (other than a citizen 
 described in section 204(a)(1)(A)(viii)(I)) and 
 who seeks to enter the United States solely to 
 conclude a valid marriage with the petitioner 
 within ninety days after admission;
 (ii) has concluded a valid marriage with a 
 citizen of the United States (other than a 
 citizen described in section 
 204(a)(1)(A)(viii)(I)) who is the petitioner, 
 is the beneficiary of a petition to accord a 
 status under section 201(b)(2)(A)(i) that was 
 filed under section 204 by the petitioner, and 
 seeks to enter the United States to await the 
 approval of such petition and the availability 
 to the alien of an immigrant visa; or
 (iii) is the minor child of an alien 
 described in clause (i) or (ii) and is 
 accompanying, or following to join, the alien;
 (L) subject to section 214(c)(2), an alien who, 
 within 3 years preceding the time of his application 
 for admission into the United States, has been employed 
 continuously for one year by a firm or corporation or 
 other legal entity or an affiliate or subsidiary 
 thereof and who seeks to enter the United States 
 temporarily in order to continue to render his services 
 to the same employer or a subsidiary or affiliate 
 thereof in a capacity that is managerial, executive, or 
 involves specialized knowledge, and the alien spouse 
 and minor children of any such alien if accompanying 
 him or following to join him;
 (M)(i) an alien having a residence in a foreign 
 country which he has no intention of abandoning who 
 seeks to enter the United States temporarily and solely 
 for the purpose of pursuing a full course of study at 
 an established vocational or other recognized 
 nonacademic institution (other than in a language 
 training program) in the United States particularly 
 designated by him and approved by the Attorney General, 
 after consultation with the Secretary of Education, 
 which institution shall have agreed to report to the 
 Attorney General the termination of attendance of each 
 nonimmigrant nonacademic student and if any such 
 institution fails to make reports promptly the approval 
 shall be withdrawn, (ii) the alien spouse and minor 
 children of any alien described in clause (i) if 
 accompanying or following to join such an alien, and 
 (iii) an alien who is a national of Canada or Mexico, 
 who maintains actual residence and place of abode in 
 the country of nationality, who is described in clause 
 (i) except that the alien's course of study may be full 
 or part-time, and who commutes to the United States 
 institution or place of study from Canada or Mexico;
 (N)(i) the parent of an alien accorded the status of 
 special immigrant under paragraph (27)(I)(i) (or under 
 analogous authority under paragraph (27)(L)), but only 
 if and while the alien is a child, or (ii) a child of 
 such parent or of an alien accorded the status of a 
 special immigrant under clause (ii), (iii), or (iv) of 
 paragraph (27)(I) (or under analogous authority under 
 paragraph (27)(L));
 (O) an alien who--
 (i) has extraordinary ability in the 
 sciences, arts, education, business, or 
 athletics which has been demonstrated by 
 sustained national or international acclaim or, 
 with regard to motion picture and television 
 productions a demonstrated record of 
 extraordinary achievement, and whose 
 achievements have been recognized in the field 
 through extensive documentation, and seeks to 
 enter the United States to continue work in the 
 area of extraordinary ability; or
 (ii)(I) seeks to enter the United States 
 temporarily and solely for the purpose of 
 accompanying and assisting in the artistic or 
 athletic performance by an alien who is 
 admitted under clause (i) for a specific event 
 or events,
 (II) is an integral part of such actual 
 performance,
 (III)(a) has critical skills and experience 
 with such alien which are not of a general 
 nature and which cannot be performed by other 
 individuals, or (b) in the case of a motion 
 picture or television production, has skills 
 and experience with such alien which are not of 
 a general nature and which are critical either 
 based on a pre-existing longstanding working 
 relationship or, with respect to the specific 
 production, because significant production 
 (including pre- and post-production work) will 
 take place both inside and outside the United 
 States and the continuing participation of the 
 alien is essential to the successful completion 
 of the production, and
 (IV) has a foreign residence which the alien 
 has no intention of abandoning; or
 (iii) is the alien spouse or child of an 
 alien described in clause (i) or (ii) and is 
 accompanying, or following to join, the alien;
 (P) an alien having a foreign residence which the 
 alien has no intention of abandoning who--
 (i)(a) is described in section 214(c)(4)(A) 
 (relating to athletes), or (b) is described in 
 section 214(c)(4)(B) (relating to entertainment 
 groups);
 (ii)(I) performs as an artist or entertainer, 
 individually or as part of a group, or is an 
 integral part of the performance of such a 
 group, and
 (II) seeks to enter the United States 
 temporarily and solely for the purpose of 
 performing as such an artist or entertainer or 
 with such a group under a reciprocal exchange 
 program which is between an organization or 
 organizations in the United States and an 
 organization or organizations in one or more 
 foreign states and which provides for the 
 temporary exchange of artists and entertainers;
 (iii)(I) performs as an artist or 
 entertainer, individually or as part of a 
 group, or is an integral part of the 
 performance of such a group, and
 (II) seeks to enter the United States 
 temporarily and solely to perform, teach, or 
 coach as such an artist or entertainer or with 
 such a group under a commercial or 
 noncommercial program that is culturally 
 unique; [or]
 (iv) seeks to enter the United States 
 temporarily and solely for the purpose of 
 performing functions that are integral and 
 essential to the operation of a mobile 
 entertainment provider (as set forth in section 
 214(c)(4)(I)(ii)); or
 [(iv)] (v) is the spouse or child of an alien 
 described in [clause (i), (ii), or (iii)] 
 clause (i), (ii), (iii), or (iv) and is 
 accompanying, or following to join, the alien;
 (Q) an alien having a residence in a foreign country 
 which he has no intention of abandoning who is coming 
 temporarily (for a period not to exceed 15 months) to 
 the United States as a participant in an international 
 cultural exchange program approved by the Secretary of 
 Homeland Security for the purpose of providing 
 practical training, employment, and the sharing of the 
 history, culture, and traditions of the country of the 
 alien's nationality and who will be employed under the 
 same wages and working conditions as domestic workers;
 (R) an alien, and the spouse and children of the 
 alien if accompanying or following to join the alien, 
 who--
 (i) for the 2 years immediately preceding the 
 time of application for admission, has been a 
 member of a religious denomination having a 
 bona fide nonprofit, religious organization in 
 the United States; and
 (ii) seeks to enter the United States for a 
 period not to exceed 5 years to perform the 
 work described in subclause (I), (II), or (III) 
 of paragraph (27)(C)(ii);
 (S) subject to section 214(k), an alien--
 (i) who the Attorney General determines--
 (I) is in possession of critical 
 reliable information concerning a 
 criminal organization or enterprise;
 (II) is willing to supply or has 
 supplied such information to Federal or 
 State law enforcement authorities or a 
 Federal or State court; and
 (III) whose presence in the United 
 States the Attorney General determines 
 is essential to the success of an 
 authorized criminal investigation or 
 the successful prosecution of an 
 individual involved in the criminal 
 organization or enterprise; or
 (ii) who the Secretary of State and the 
 Attorney General jointly determine--
 (I) is in possession of critical 
 reliable information concerning a 
 terrorist organization, enterprise, or 
 operation;
 (II) is willing to supply or has 
 supplied such information to Federal 
 law enforcement authorities or a 
 Federal court;
 (III) will be or has been placed in 
 danger as a result of providing such 
 information; and
 (IV) is eligible to receive a reward 
 under section 36(a) of the State 
 Department Basic Authorities Act of 
 1956,
 and, if the Attorney General (or with respect to clause 
 (ii), the Secretary of State and the Attorney General 
 jointly) considers it to be appropriate, the spouse, 
 married and unmarried sons and daughters, and parents 
 of an alien described in clause (i) or (ii) if 
 accompanying, or following to join, the alien;
 (T)(i) subject to section 214(o), an alien who the 
 Secretary of Homeland Security, or in the case of 
 subclause (III)(aa) the Secretary of Homeland Security, 
 in consultation with the Attorney General, determines--
 (I) is or has been a victim of a 
 severe form of trafficking in persons, 
 as defined in section 103 of the 
 Trafficking Victims Protection Act of 
 2000;
 (II) is physically present in the 
 United States, American Samoa, or the 
 Commonwealth of the Northern Mariana 
 Islands, or at a port of entry thereto, 
 on account of such trafficking, 
 including physical presence on account 
 of the alien having been allowed entry 
 into the United States for 
 participation in investigative or 
 judicial processes associated with an 
 act or a perpetrator of trafficking;
 (III)(aa) has complied with any 
 reasonable request for assistance in 
 the Federal, State or local 
 investigation or prosecution of acts of 
 trafficking or the investigation of 
 crime where acts of trafficking are at 
 least one central reason for the 
 commission of that crime;
 (bb) in consultation with the Attorney 
 General, as appropriate, is unable to cooperate 
 with a request described in item (aa) due to 
 physical or psychological trauma; or
 (cc) has not attained 18 years of 
 age; and
 (IV) the alien would suffer extreme 
 hardship involving unusual and severe 
 harm upon removal; and
 (ii) if accompanying, or following to join, the alien 
 described in clause (i)--
 (I) in the case of an alien described in 
 clause (i) who is under 21 years of age, the 
 spouse, children, unmarried siblings under 18 
 years of age on the date on which such alien 
 applied for status under such clause, and 
 parents of such alien;
 (II) in the case of an alien described in 
 clause (i) who is 21 years of age or older, the 
 spouse and children of such alien; or
 (III) any parent or unmarried sibling under 
 18 years of age of an alien described in 
 subclause (I) or (II) who the Secretary of 
 Homeland Security, in consultation with the law 
 enforcement officer investigating a severe form 
 of trafficking, determines faces a present 
 danger of retaliation as a result of the 
 alien's escape from the severe form of 
 trafficking or cooperation with law 
 enforcement.
 (U)(i) subject to section 214(p), an alien who files 
 a petition for status under this subparagraph, if the 
 Secretary of Homeland Security determines that--
 (I) the alien has suffered 
 substantial physical or mental abuse as 
 a result of having been a victim of 
 criminal activity described in clause 
 (iii);
 (II) the alien (or in the case of an 
 alien child under the age of 16, the 
 parent, guardian, or next friend of the 
 alien) possesses information concerning 
 criminal activity described in clause 
 (iii);
 (III) the alien (or in the case of an 
 alien child under the age of 16, the 
 parent, guardian, or next friend of the 
 alien) has been helpful, is being 
 helpful, or is likely to be helpful to 
 a Federal, State, or local law 
 enforcement official, to a Federal, 
 State, or local prosecutor, to a 
 Federal or State judge, to the Service, 
 or to other Federal, State, or local 
 authorities investigating or 
 prosecuting criminal activity described 
 in clause (iii); and
 (IV) the criminal activity described 
 in clause (iii) violated the laws of 
 the United States or occurred in the 
 United States (including in Indian 
 country and military installations) or 
 the territories and possessions of the 
 United States;
 (ii) if accompanying, or following to join, the alien 
 described in clause (i)--
 (I) in the case of an alien described in 
 clause (i) who is under 21 years of age, the 
 spouse, children, unmarried siblings under 18 
 years of age on the date on which such alien 
 applied for status under such clause, and 
 parents of such alien; or
 (II) in the case of an alien described in 
 clause (i) who is 21 years of age or older, the 
 spouse and children of such alien; and
 (iii) the criminal activity referred to in 
 this clause is that involving one or more of 
 the following or any similar activity in 
 violation of Federal, State, or local criminal 
 law: rape; torture; trafficking; incest; 
 domestic violence; sexual assault; abusive 
 sexual contact; prostitution; sexual 
 exploitation; stalking; female genital 
 mutilation; being held hostage; peonage; 
 involuntary servitude; slave trade; kidnapping; 
 abduction; unlawful criminal restraint; false 
 imprisonment; blackmail; extortion; 
 manslaughter; murder; felonious assault; 
 witness tampering; obstruction of justice; 
 perjury; fraud in foreign labor contracting (as 
 defined in section 1351 of title 18, United 
 States Code); or attempt, conspiracy, or 
 solicitation to commit any of the above 
 mentioned crimes; or
 (V) subject to section 214(q), an alien who is the 
 beneficiary (including a child of the principal alien, 
 if eligible to receive a visa under section 203(d)) of 
 a petition to accord a status under section 
 203(a)(2)(A) that was filed with the Attorney General 
 under section 204 on or before the date of the 
 enactment of the Legal Immigration Family Equity Act, 
 if--
 (i) such petition has been pending for 3 
 years or more; or
 (ii) such petition has been approved, 3 years 
 or more have elapsed since such filing date, 
 and--
 (I) an immigrant visa is not 
 immediately available to the alien 
 because of a waiting list of applicants 
 for visas under section 203(a)(2)(A); 
 or
 (II) the alien's application for an 
 immigrant visa, or the alien's 
 application for adjustment of status 
 under section 245, pursuant to the 
 approval of such petition, remains 
 pending.
 (16) The term ``immigrant visa'' means an immigrant visa 
required by this Act and properly issued by a consular officer 
at his office outside of the United States to an eligible 
immigrant under the provisions of this Act.
 (17) The term ``immigration laws'' includes this Act and all 
laws, conventions, and treaties of the United States relating 
to the immigration, exclusion, deportation, expulsion or 
removal of aliens.
 (18) The term ``immigration officer'' means any employee or 
class of employees of the Service or of the United States 
designated by the Attorney General, individually or by 
regulation, to perform the functions of an immigration officer 
specified by this Act or any section thereof.
 (19) The term ``ineligible to citizenship,'' when used in 
reference to any individual, means, notwithstanding the 
provisions of any treaty relating to military service, an 
individual who is, or was at any time, permanently debarred 
from becoming a citizen of the United States under section 3(a) 
of the Selective Training and Service Act of 1940, as amended 
(54 Stat. 885; 55 Stat. 844), or under section 4(a) of the 
Selective Service Act of 1948, as amended (62 Stat. 605; 65 
Stat. 76), or under any section of this Act, or any other Act, 
or under any law amendatory of, supplementary to, or in 
substitution for, any of such sections or Acts.
 (20) The term ``lawfully admitted for permanent residence'' 
means the status of having been lawfully accorded the privilege 
of residing permanently in the United States as an immigrant in 
accordance with the immigration laws, such status not having 
changed.
 (21) The term ``national'' means a person owing permanent 
allegiance to a state.
 (22) The term ``national of the United States'' means (A) a 
citizen of the United States, or (B) a person who, though not a 
citizen of the United States, owes permanent allegiance to the 
United States.
 (23) The term ``naturalization'' means the conferring of 
nationality of a state upon a person after birth, by any means 
whatsoever.
 (25) The term ``noncombatant service'' shall not include 
service in which the individual is not subject to military 
discipline, court martial, or does not wear the uniform of any 
branch of the armed forces.
 (26) The term ``nonimmigrant visa'' means a visa properly 
issued to an alien as an eligible nonimmigrant by a competent 
officer as provided in this Act.
 (27) The term ``special immigrant'' means--
 (A) an immigrant, lawfully admitted for permanent 
 residence, who is returning from a temporary visit 
 abroad;
 (B) an immigrant who was a citizen of the United 
 States and may, under section 324(a) or 327 of title 
 III, apply for reacquisition of citizenship;
 (C) an immigrant, and the immigrant's spouse and 
 children if accompanying or following to join the 
 immigrant, who--
 (i) for at least 2 years immediately 
 preceding the time of application for 
 admission, has been a member of a religious 
 denomination having a bona fide nonprofit, 
 religious organization in the United States;
 (ii) seeks to enter the United States--
 (I) solely for the purpose of 
 carrying on the vocation of a minister 
 of that religious denomination,
 (II) before September 30, 2015, in 
 order to work for the organization at 
 the request of the organization in a 
 professional capacity in a religious 
 vocation or occupation, or
 (III) before September 30, 2015, in 
 order to work for the organization (or 
 for a bona fide organization which is 
 affiliated with the religious 
 denomination and is exempt from 
 taxation as an organization described 
 in section 501(c)(3) of the Internal 
 Revenue Code of 1986) at the request of 
 the organization in a religious 
 vocation or occupation; and
 (iii) has been carrying on such vocation, 
 professional work, or other work continuously 
 for at least the 2-year period described in 
 clause (i);
 (D) an immigrant who--
 (i) is an employee, or an honorably retired 
 former employee, of the United States 
 Government abroad, or of the American Institute 
 in Taiwan, and who has performed faithful 
 service for a total of fifteen years, or more, 
 and his accompanying spouse and children: 
 Provided, That the principal officer of a 
 Foreign Service establishment (or, in the case 
 of the American Institute in Taiwan, the 
 Director thereof), in his discretion, shall 
 have recommended the granting of special 
 immigrant status to such alien in exceptional 
 circumstances and the Secretary of State 
 approves such recommendation and finds that it 
 is in the national interest to grant such 
 status; or
 (ii) is the surviving spouse or child of an 
 employee of the United States Government 
 abroad: Provided, That the employee performed 
 faithful service for a total of not less than 
 15 years or was killed in the line of duty;
 (E) an immigrant, and his accompanying spouse and 
 children, who is or has been an employee of the Panama 
 Canal Company or Canal Zone Government before the date 
 on which the Panama Canal Treaty of 1977 (as described 
 in section 3 (a)(1) of the Panama Canal Act of 1979) 
 enters into force, who was resident in the Canal Zone 
 on the effective date of the exchange of instruments of 
 ratification of such Treaty, and who has performed 
 faithful service as such an employee for one year or 
 more;
 (F) an immigrant, and his accompanying spouse and 
 children, who is a Panamanian national and (i) who, 
 before the date on which such Panama Canal Treaty of 
 1977 enters into force, has been honorably retired from 
 United States Government employment in the Canal Zone 
 with a total of 15 years or more of faithful service, 
 or (ii) who on the date on which such Treaty enters 
 into force, has been employed by the United States 
 Government in the Canal Zone with a total of 15 years 
 or more of faithful service and who subsequently is 
 honorably retired from such employment or continues to 
 be employed by the United States Government in an area 
 of the former Canal Zone or continues to be employed by 
 the United States Government in an area of the former 
 Canal Zone;
 (G) an immigrant, and his accompanying spouse and 
 children, who was an employee of the Panama Canal 
 Company or Canal Zone government on the effective date 
 of the exchange of instruments of ratification of such 
 Panama Canal Treaty of 1977, who has performed faithful 
 service for five years or more as such an employee, and 
 whose personal safety, or the personal safety of whose 
 spouse or children, as a direct result of such Treaty, 
 is reasonably placed in danger because of the special 
 nature of any of that employment;
 (H) an immigrant, and his accompanying spouse and 
 children, who--
 (i) has graduated from a medical school or 
 has qualified to practice medicine in a foreign 
 state,
 (ii) was fully and permanently licensed to 
 practice medicine in a State on January 9, 
 1978, and was practicing medicine in a State on 
 that date,
 (iii) entered the United States as a 
 nonimmigrant under subsection (a)(15)(H) or 
 (a)(15)(J) before January 10, 1978, and
 (iv) has been continuously present in the 
 United States in the practice or study of 
 medicine since the date of such entry;
 (I)(i) an immigrant who is the unmarried son or 
 daughter of an officer or employee, or of a former 
 officer or employee, of an international organization 
 described in paragraph (15)(G)(i), and who (I) while 
 maintaining the status of a nonimmigrant under 
 paragraph (15)(G)(iv) or paragraph (15)(N), has resided 
 and been physically present in the United States for 
 periods totaling at least one-half of the seven years 
 before the date of application for a visa or for 
 adjustment of status to a status under this 
 subparagraph and for a period or periods aggregating at 
 least seven years between the ages of five and 21 
 years, and (II) applies for a visa or adjustment of 
 status under this subparagraph no later than his 
 twenty-fifth birthday or six months after the date of 
 the enactment of the Immigration Technical Corrections 
 Act of 1988, whichever is later;
 (ii) an immigrant who is the surviving spouse of a 
 deceased officer or employee of such an international 
 organization, and who (I) while maintaining the status 
 of a nonimmigrant under paragraph (15)(G)(iv) or 
 paragraph (15)(N), has resided and been physically 
 present in the United States for periods totaling at 
 least one-half of the seven years before the date of 
 application for a visa or for adjustment of status to a 
 status under this subparagraph and for a period or 
 periods aggregating at least 15 years before the date 
 of the death of such officer or employee, and (II) 
 files a petition for status under this subparagraph no 
 later than six months after the date of such death or 
 six months after the date of such death or six months 
 after the date of the enactment of the Immigration 
 Technical Corrections Act of 1988, whichever is later;
 (iii) an immigrant who is a retired officer or 
 employee of such an international organization, and who 
 (I) while maintaining the status of a nonimmigrant 
 under paragraph (15)(G)(iv), has resided and been 
 physically present in the United States for periods 
 totaling at least one-half of the seven years before 
 the date of application for a visa or for adjustment of 
 status to a status under this subparagraph and for a 
 period or periods aggregating at least 15 years before 
 the date of the officer or employee's retirement from 
 any such international organization, and (II) files a 
 petition for status under this subparagraph no later 
 than six months after the date of such retirement or 
 six months after the date of enactment of the 
 Immigration and Nationality Technical Corrections Act 
 of 1994, whichever is later; or
 (iv) an immigrant who is the spouse of a retired 
 officer or employee accorded the status of special 
 immigrant under clause (iii), accompanying or following 
 to join such retired officer or employee as a member of 
 his immediate family;
 (J) an immigrant who is present in the United 
 States--
 (i) who has been declared dependent on a 
 juvenile court located in the United States or 
 whom such a court has legally committed to, or 
 placed under the custody of, an agency or 
 department of a State, or an individual or 
 entity appointed by a State or juvenile court 
 located in the United States, and whose 
 reunification with 1 or both of the immigrant's 
 parents is not viable due to abuse, neglect, 
 abandonment, or a similar basis found under 
 State law;
 (ii) for whom it has been determined in 
 administrative or judicial proceedings that it 
 would not be in the alien's best interest to be 
 returned to the alien's or parent's previous 
 country of nationality or country of last 
 habitual residence; and
 (iii) in whose case the Secretary of Homeland 
 Security consents to the grant of special 
 immigrant juvenile status, except that--
 (I) no juvenile court has 
 jurisdiction to determine the custody 
 status or placement of an alien in the 
 custody of the Secretary of Health and 
 Human Services unless the Secretary of 
 Health and Human Services specifically 
 consents to such jurisdiction; and
 (II) no natural parent or prior 
 adoptive parent of any alien provided 
 special immigrant status under this 
 subparagraph shall thereafter, by 
 virtue of such parentage, be accorded 
 any right, privilege, or status under 
 this Act;
 (K) an immigrant who has served honorably on active 
 duty in the Armed Forces of the United States after 
 October 15, 1978, and after original lawful enlistment 
 outside the United States (under a treaty or agreement 
 in effect on the date of the enactment of this 
 subparagraph) for a period or periods aggregating--
 (i) 12 years and who, if separated from such 
 service, was never separated except under 
 honorable conditions, or
 (ii) 6 years, in the case of an immigrant who 
 is on active duty at the time of seeking 
 special immigrant status under this 
 subparagraph and who has reenlisted to incur a 
 total active duty service obligation of at 
 least 12 years,
 and the spouse or child of any such immigrant if 
 accompanying or following to join the immigrant, but 
 only if the executive department under which the 
 immigrant serves or served recommends the granting of 
 special immigrant status to the immigrant;
 (L) an immigrant who would be described in clause 
 (i), (ii), (iii), or (iv) of subparagraph (I) if any 
 reference in such a clause--
 (i) to an international organization 
 described in paragraph (15)(G)(i) were treated 
 as a reference to the North Atlantic Treaty 
 Organization (NATO);
 (ii) to a nonimmigrant under paragraph 
 (15)(G)(iv) were treated as a reference to a 
 nonimmigrant classifiable under NATO-6 (as a 
 member of a civilian component accompanying a 
 force entering in accordance with the 
 provisions of the NATO Status-of-Forces 
 Agreement, a member of a civilian component 
 attached to or employed by an Allied 
 Headquarters under the ``Protocol on the Status 
 of International Military Headquarters'' set up 
 pursuant to the North Atlantic Treaty, or as a 
 dependent); and
 (iii) to the Immigration Technical 
 Corrections Act of 1988 or to the Immigration 
 and Nationality Technical Corrections Act of 
 1994 were a reference to the American 
 Competitiveness and Workforce Improvement Act 
 of 1998
 (M) subject to the numerical limitations of section 
 203(b)(4), an immigrant who seeks to enter the United 
 States to work as a broadcaster in the United States 
 for the International Broadcasting Bureau of the 
 Broadcasting Board of Governors, or for a grantee of 
 the Broadcasting Board of Governors, and the 
 immigrant's accompanying spouse and children.
 (28) The term ``organization'' means, but is not limited to, 
an organization, corporation, company, partnership, 
association, trust, foundation or fund; and includes a group of 
persons, whether or not incorporated, permanently or 
temporarily associated together with joint action on any 
subject or subjects.
 (29) The term ``outlying possessions of the United States'' 
means American Samoa and Swains Island.
 (30) The term ``passport'' means any travel document issued 
by competent authority showing the bearer's origin, identity, 
and nationality if any, which is valid for the admission of the 
bearer into a foreign country.
 (31) The term ``permanent'' means a relationship of 
continuing or lasting nature, as distinguished from temporary, 
but a relationship may be permanent even though it is one that 
may be dissolved eventually at the instance either of the 
United States or of the individual, in accordance with law.
 (32) The term ``profession'' shall include but not be limited 
to architects, engineers, lawyers, physicians, surgeons, and 
teachers in elementary or secondary schools, colleges, 
academies, or seminaries.
 (33) The term ``residence'' means the place of general abode; 
the place of general abode of a person means his principal, 
actual dwelling place in fact, without regard to intent.
 (34) The term ``Service'' means the Immigration and 
Naturalization Service of the Department of Justice.
 (35) The term ``spouse'', ``wife'', or ``husband'' does not 
include a spouse, wife, or husband by reason of any marriage 
ceremony where the contracting parties thereto are not 
physically present in the presence of each other, unless the 
marriage shall have been consummated.
 (36) The term ``State'' includes the District of Columbia, 
Puerto Rico, Guam, the Virgin Islands of the United States, and 
the Commonwealth of the Northern Mariana Islands.
 (37) The term ``totalitarian party'' means an organization 
which advocates the establishment in the United States of a 
totalitarian dictatorship or totalitarianism. The terms 
``totalitarian dictatorship'' and ``totalitarianism'' mean and 
refer to systems of government not representative in fact, 
characterized by (A) the existence of a single political party, 
organized on a dictatorial basis, with so close an identity 
between such party and its policies and the governmental 
policies of the country in which it exists, that the party and 
the government constitute an indistinguishable unit, and (B) 
the forcible suppression of opposition to such party.
 (38) The term ``United States'', except as otherwise 
specifically herein provided, when used in a geographical 
sense, means the continental United States, Alaska, Hawaii, 
Puerto Rico, Guam, the Virgin Islands of the United States, and 
the Commonwealth of the Northern Mariana Islands.
 (39) The term ``unmarried'', when used in reference to any 
individual as of any time, means an individual who at such time 
is not married, whether or not previously married.
 (40) The term ``world communism'' means a revolutionary 
movement, the purpose of which is to establish eventually a 
Communist totalitarian dictatorship in any or all the countries 
of the world through the medium of an internationally 
coordinated Communist political movement.
 (41) The term ``graduates of a medical school'' means aliens 
who have graduated from a medical school or who have qualified 
to practice medicine in a foreign state, other than such aliens 
who are of national or international renown in the field of 
medicine.
 (42) The term ``refugee'' means (A) any person who is outside 
any country of such person's nationality or, in the case of a 
person having no nationality, is outside any country in which 
such person last habitually resided, and who is unable or 
unwilling to return to, and is unable or unwilling to avail 
himself or herself of the protection of, that country because 
of persecution or a well-founded fear of persecution on account 
of race, religion, nationality, membership in a particular 
social group, or political opinion, or (B) in such 
circumstances as the President after appropriate consultation 
(as defined in section 207(e) of this Act) may specify, any 
person who is within the country of such person's nationality 
or, in the case of a person having no nationality, within the 
country in which such person is habitually residing, and who is 
persecuted or who has a well-founded fear of persecution on 
account of race, religion, nationality, membership in a 
particular social group, or political opinion. The term 
``refugee'' does not include any person who ordered, incited, 
assisted, or otherwise participated in the persecution of any 
person on account of race, religion, nationality, membership in 
a particular social group, or political opinion. For purposes 
of determinations under this Act, a person who has been forced 
to abort a pregnancy or to undergo involuntary sterilization, 
or who has been persecuted for failure or refusal to undergo 
such a procedure or for other resistance to a coercive 
population control program, shall be deemed to have been 
persecuted on account of political opinion, and a person who 
has a well founded fear that he or she will be forced to 
undergo such a procedure or subject to persecution for such 
failure, refusal, or resistance shall be deemed to have a well 
founded fear of persecution on account of political opinion.
 (43) The term ``aggravated felony'' means--
 (A) murder, rape, or sexual abuse of a minor;
 (B) illicit trafficking in a controlled substance (as 
 defined in section 102 of the Controlled Substances 
 Act), including a drug trafficking crime (as defined in 
 section 924(c) of title 18, United States Code);
 (C) illicit trafficking in firearms or destructive 
 devices (as defined in section 921 of title 18, United 
 States Code) or in explosive materials (as defined in 
 section 841(c) of that title);
 (D) an offense described in section 1956 of title 18, 
 United States Code (relating to laundering of monetary 
 instruments) or section 1957 of that title (relating to 
 engaging in monetary transactions in property derived 
 from specific unlawful activity) if the amount of the 
 funds exceeded $10,000;
 (E) an offense described in--
 (i) section 842 (h) or (i) of title 18, 
 United States Code, or section 844 (d), (e), 
 (f), (g), (h), or (i) of that title (relating 
 to explosive materials offenses);
 (ii) section 922(g) (1), (2), (3), (4), or 
 (5), (j), (n), (o), (p), or (r) or 924 (b) or 
 (h) of title 18, United States Code (relating 
 to firearms offenses); or
 (iii) section 5861 of the Internal Revenue 
 Code of 1986 (relating to firearms offenses);
 (F) a crime of violence (as defined in section 16 of 
 title 18, United States Code, but not including a 
 purely political offense) for which the term of 
 imprisonment at least one year;
 (G) a theft offense (including receipt of stolen 
 property) or burglary offense for which the term of 
 imprisonment imposed (regardless of any suspension of 
 such imprisonment) at least one year;
 (H) an offense described in section 875, 876, 877, or 
 1202 of title 18, United States Code (relating to the 
 demand for or receipt of ransom);
 (I) an offense described in section 2251, 2251A, or 
 2252 of title 18, United States Code (relating to child 
 pornography);
 (J) an offense described in section 1962 of title 18, 
 United States Code (relating to racketeer influenced 
 corrupt organizations), or an offense described in 
 section 1084 (if it is a second or subsequent offense) 
 or 1955 of that title (relating to gambling offenses), 
 for which a sentence of one year imprisonment or more 
 may be imposed;
 (K) an offense that--
 (i) relates to the owning, controlling, 
 managing, or supervising of a prostitution 
 business;
 (ii) is described in section 2421, 2422, or 
 2423 of title 18, United States Code (relating 
 to transportation for the purpose of 
 prostitution) if committed for commercial 
 advantage; or
 (iii) is described in any of sections 1581-
 1585 or 1588-1591 of title 18, United States 
 Code (relating to peonage, slavery, involuntary 
 servitude, and trafficking in persons);
 (L) an offense described in--
 (i) section 793 (relating to gathering or 
 transmitting national defense information), 798 
 (relating to disclosure of classified 
 information), 2153 (relating to sabotage) or 
 2381 or 2382 (relating to treason) of title 18, 
 United States Code;
 (ii) section 601 of the National Security Act 
 of 1947 (50 U.S.C. 421) (relating to protecting 
 the identity of undercover intelligence 
 agents); or
 (iii) section 601 of the National Security 
 Act of 1947 (relating to protecting the 
 identity of undercover agents);
 (M) an offense that--
 (i) involves fraud or deceit in which the 
 loss to the victim or victims exceeds $10,000; 
 or
 (ii) is described in section 7201 of the 
 Internal Revenue Code of 1986 (relating to tax 
 evasion) in which the revenue loss to the 
 Government exceeds $10,000;
 (N) an offense described in paragraph (1)(A) or (2) 
 of section 274(a) (relating to alien smuggling), except 
 in the case of a first offense for which the alien has 
 affirmatively shown that the alien committed the 
 offense for the purpose of assisting, abetting, or 
 aiding only the alien's spouse, child, or parent (and 
 no other individual) to violate a provision of this Act
 (O) an offense described in section 275(a) or 276 
 committed by an alien who was previously deported on 
 the basis of a conviction for an offense described in 
 another subparagraph of this paragraph;
 (P) an offense (i) which either is falsely making, 
 forging, counterfeiting, mutilating, or altering a 
 passport or instrument in violation of section 1543 of 
 title 18, United States Code, or is described in 
 section 1546(a) of such title (relating to document 
 fraud) and (ii) for which the term of imprisonment 
 imposed (regardless of any suspension of such 
 imprisonment) is at least 12 months, except in the case 
 of a first offense for which the alien has 
 affirmatively shown that the alien committed the 
 offense for the purpose of assisting, abetting, or 
 aiding only the alien's spouse, child, or parent (and 
 no other individual) to violate a provision of this 
 Act;
 (Q) an offense relating to a failure to appear by a 
 defendant for service of sentence if the underlying 
 offense is punishable by imprisonment for a term of 5 
 years or more;
 (R) an offense relating to commercial bribery, 
 counterfeiting, forgery, or trafficking in vehicles the 
 identification numbers of which have been altered for 
 which the term of imprisonment is at least one year;
 (S) an offense relating to obstruction of justice, 
 perjury or subornation of perjury, or bribery of a 
 witness, for which the term of imprisonment is at least 
 one year;
 (T) an offense relating to a failure to appear before 
 a court pursuant to a court order to answer to or 
 dispose of a charge of a felony for which a sentence of 
 2 years' imprisonment or more may be imposed; and
 (U) an attempt or conspiracy to commit an offense 
 described in this paragraph.
The term applies to an offense described in this paragraph 
whether in violation of Federal or State law and applies to 
such an offense in violation of the law of a foreign country 
for which the term of imprisonment was completed within the 
previous 15 years. Notwithstanding any other provision of law 
(including any effective date), the term applies regardless of 
whether the conviction was entered before, on, or after the 
date of enactment of this paragraph.
 (44)(A) The term ``managerial capacity'' means an assignment 
within an organization in which the employee primarily--
 (i) manages the organization, or a department, 
 subdivision, function, or component of the 
 organization;
 (ii) supervises and controls the work of other 
 supervisory, professional, or managerial employees, or 
 manages an essential function within the organization, 
 or a department or subdivision of the organization;
 (iii) if another employee or other employees are 
 directly supervised, has the authority to hire and fire 
 or recommend those as well as other personnel actions 
 (such as promotion and leave authorization) or, if no 
 other employee is directly supervised, functions at a 
 senior level within the organizational hierarchy or 
 with respect to the function managed; and
 (iv) exercises discretion over the day-to-day 
 operations of the activity or function for which the 
 employee has authority.
A first-line supervisor is not considered to be acting in a 
managerial capacity merely by virtue of the supervisor's 
supervisory duties unless the employees supervised are 
professional.
 (B) The term ``executive capacity'' means an assignment 
within an organization in which the employee primarily--
 (i) directs the management of the organization or a 
 major component or function of the organization;
 (ii) establishes the goals and policies of the 
 organization, component, or function;
 (iii) exercises wide latitude in discretionary 
 decision-making; and
 (iv) receives only general supervision or direction 
 from higher level executives, the board of directors, 
 or stockholders of the organization.
 (C) If staffing levels are used as a factor in determining 
whether an individual is acting in a managerial or executive 
capacity, the Attorney General shall take into account the 
reasonable needs of the organization, component, or function in 
light of the overall purpose and stage of development of the 
organization, component, or function. An individual shall not 
be considered to be acting in a managerial or executive 
capacity (as previously defined) merely on the basis of the 
number of employees that the individual supervises or has 
supervised or directs or has directed.
 (45) The term ``substantial'' means, for purposes of 
paragraph (15)(E) with reference to trade or capital, such an 
amount of trade or capital as is established by the Secretary 
of State, after consultation with appropriate agencies of 
Government.
 (46) The term ``extraordinary ability'' means, for purposes 
of section 101(a)(15)(O)(i), in the case of the arts, 
distinction.
 (47)(A) The term ``order of deportation'' means the order of 
the special inquiry officer, or other such administrative 
officer to whom the Attorney General has delegated the 
responsibility for determining whether an alien is deportable, 
concluding that the alien is deportable or ordering 
deportation.
 (B) The order described under subparagraph (A) shall become 
final upon the earlier of--
 (i) a determination by the Board of Immigration 
 Appeals affirming such order; or
 (ii) the expiration of the period in which the alien 
 is permitted to seek review of such order by the Board 
 of Immigration Appeals.
 (48)(A) The term ``conviction'' means, with respect to an 
alien, a formal judgment of guilt of the alien entered by a 
court or, if adjudication of guilt has been withheld, where--
 (i) a judge or jury has found the alien guilty or the 
 alien has entered a plea of guilty or nolo contendere 
 or has admitted sufficient facts to warrant a finding 
 of guilt, and
 (ii) the judge has ordered some form of punishment, 
 penalty, or restraint on the alien's liberty to be 
 imposed.
 (B) Any reference to a term of imprisonment or a sentence 
with respect to an offense is deemed to include the period of 
incarceration or confinement ordered by a court of law 
regardless of any suspension of the imposition or execution of 
that imprisonment or sentence in whole or in part.
 (49) The term ``stowaway'' means any alien who obtains 
transportation without the consent of the owner, charterer, 
master or person in command of any vessel or aircraft through 
concealment aboard such vessel or aircraft. A passenger who 
boards with a valid ticket is not to be considered a stowaway.
 (50) The term ``intended spouse'' means any alien who meets 
the criteria set forth in section 
204(a)(1)(A)(iii)(II)(aa)(BB), 204(a)(1)(B)(ii)(II)(aa)(BB), or 
240A(b)(2)(A)(i)(III).
 (51) The term ``VAWA self-petitioner'' means an 
 alien, or a child of the alien, who qualifies for 
 relief under--
 (A) clause (iii), (iv), or (vii) of section 
 204(a)(1)(A);
 (B) clause (ii) or (iii) of section 
 204(a)(1)(B);
 (C) section 216(c)(4)(C);
 (D) the first section of Public Law 89-732 (8 
 U.S.C. 1255 note) (commonly known as the Cuban 
 Adjustment Act) as a child or spouse who has 
 been battered or subjected to extreme cruelty;
 (E) section 902(d)(1)(B) of the Haitian 
 Refugee Immigration Fairness Act of 1998 (8 
 U.S.C. 1255 note);
 (F) section 202(d)(1) of the Nicaraguan 
 Adjustment and Central American Relief Act; or
 (G) section 309 of the Illegal Immigration 
 Reform and Immigrant Responsibility Act of 1996 
 (division C of Public Law 104-208).
 (52) The term ``accredited language training program'' means 
a language training program that is accredited by an 
accrediting agency recognized by the Secretary of Education.
 (b) As used in titles I and II--
 (1) The term ``child'' means an unmarried person under 
twenty-one years of age who is--
 (A) a child born in wedlock;
 (B) a stepchild, whether or not born out of wedlock, 
 provided the child had not reached the age of eighteen 
 years at the time the marriage creating the status of 
 stepchild occurred;
 (C) a child legitimated under the law of the child's 
 residence or domicile, or under the law of the father's 
 residence or domicile, whether in or outside the United 
 States, if such legitimation takes place before the 
 child reaches the age of eighteen years and the child 
 is in the legal custody of the legitimating parent or 
 parents at the time of such legitimation;
 (D) a child born out of wedlock, by, through whom, or 
 on whose behalf a status, privilege, or benefit is 
 sought by virtue of the relationship of the child to 
 its natural mother or to its natural father if the 
 father has or had a bona fide parent-child relationship 
 with the person;
 (E)(i) a child adopted while under the age of sixteen 
 years if the child has been in the legal custody of, 
 and has resided with, the adopting parent or parents 
 for at least two years or if the child has been 
 battered or subject to extreme cruelty by the adopting 
 parent or by a family member of the adopting parent 
 residing in the same household: Provided, That no 
 natural parent of any such adopted child shall 
 thereafter, by virtue of such parentage, be accorded 
 any right, privilege, or status under this Act; or
 (ii) subject to the same proviso as in clause (i), a 
 child who: (I) is a natural sibling of a child 
 described in clause (i) or subparagraph (F)(i); (II) 
 was adopted by the adoptive parent or parents of the 
 sibling described in such clause or subparagraph; and 
 (III) is otherwise described in clause (i), except that 
 the child was adopted while under the age of 18 years; 
 or
 (F)(i) a child, under the age of sixteen at the time 
 a petition is filed in his behalf to accord a 
 classification as an immediate relative under section 
 201(b), who is an orphan because of the death or 
 disappearance of, abandonment or desertion by, or 
 separation or loss from, both parents, or for whom the 
 sole or surviving parent is incapable of providing the 
 proper care and has in writing irrevocably released the 
 child for emigration and adoption; who has been adopted 
 abroad by a United States citizen and spouse jointly, 
 or by an unmarried United States citizen who is at 
 least 25 years of age, at least 1 of whom personally 
 saw and observed the child before or during the 
 adoption proceedings; or who is coming to the United 
 States for adoption by a United States citizen and 
 spouse jointly, or by an unmarried United States 
 citizen at least twenty-five years of age, who have or 
 has complied with the preadoption requirements, if any, 
 of the child's proposed residence: Provided, That the 
 Attorney General is satisfied that proper care will be 
 furnished the child if admitted to the United States: 
 Provided further, That no natural parent or prior 
 adoptive parent of any such child shall thereafter, by 
 virtue of such parentage, be accorded any right, 
 privilege, or status under this Act; or
 (ii) subject to the same provisos as in clause (i), a 
 child who: (I) is a natural sibling of a child 
 described in clause (i) or subparagraph (E)(i); (II) 
 has been adopted abroad, or is coming to the United 
 States for adoption, by the adoptive parent (or 
 prospective adoptive parent) or parents of the sibling 
 described in such clause or subparagraph; and (III) is 
 otherwise described in clause (i), except that the 
 child is under the age of 18 at the time a petition is 
 filed in his or her behalf to accord a classification 
 as an immediate relative under section 201(b).
 (G)(i) a child, younger than 16 years of age at the 
 time a petition is filed on the child's behalf to 
 accord a classification as an immediate relative under 
 section 201(b), who has been adopted in a foreign state 
 that is a party to the Convention on Protection of 
 Children and Co-operation in Respect of Intercountry 
 Adoption, done at The Hague on May 29, 1993, or who is 
 emigrating from such a foreign state to be adopted in 
 the United States by a United States citizen and spouse 
 jointly or by an unmarried United States citizen who is 
 at least 25 years of age, Provided, That--
 (I) the Secretary of Homeland 
 Security is satisfied that proper care 
 will be furnished the child if admitted 
 to the United States;
 (II) the child's natural parents (or 
 parent, in the case of a child who has 
 one sole or surviving parent because of 
 the death or disappearance of, 
 abandonment or desertion by, the other 
 parent), or other persons or 
 institutions that retain legal custody 
 of the child, have freely given their 
 written irrevocable consent to the 
 termination of their legal relationship 
 with the child, and to the child's 
 emigration and adoption;
 (III) in the case of a child having 
 two living natural parents, the natural 
 parents are incapable of providing 
 proper care for the child;
 (IV) the Secretary of Homeland 
 Security is satisfied that the purpose 
 of the adoption is to form a bona fide 
 parent-child relationship, and the 
 parent-child relationship of the child 
 and the natural parents has been 
 terminated (and in carrying out both 
 obligations under this subclause the 
 Secretary of Homeland Security may 
 consider whether there is a petition 
 pending to confer immigrant status on 
 one or both of such natural parents); 
 and
 (V) in the case of a child who has 
 not been adopted--
 (aa) the competent authority 
 of the foreign state has 
 approved the child's emigration 
 to the United States for the 
 purpose of adoption by the 
 prospective adoptive parent or 
 parents; and
 (bb) the prospective adoptive 
 parent or parents has or have 
 complied with any pre-adoption 
 requirements of the child's 
 proposed residence; and
 (ii) except that no natural parent or prior 
 adoptive parent of any such child shall 
 thereafter, by virtue of such parentage, be 
 accorded any right, privilege, or status under 
 this chapter; or
 (iii) subject to the same provisos as in 
 clauses (i) and (ii), a child who--
 (I) is a natural sibling of a child 
 described in clause (i), subparagraph 
 (E)(i), or subparagraph (F)(i);
 (II) was adopted abroad, or is coming 
 to the United States for adoption, by 
 the adoptive parent (or prospective 
 adoptive parent) or parents of the 
 sibling described in clause (i), 
 subparagraph (E)(i), or subparagraph 
 (F)(i); and
 (III) is otherwise described in 
 clause (i), except that the child is 
 younger than 18 years of age at the 
 time a petition is filed on his or her 
 behalf for classification as an 
 immediate relative under section 
 201(b).
 (2) The term ``parent'', ``father'', or ``mother'' means a 
parent, father, or mother only where the relationship exists by 
reason of any of the circumstances set forth in (1) above, 
except that, for purposes of paragraph (1)(F) (other than the 
second proviso therein) in the case of a child born out of 
wedlock described in paragraph (1)(D) (and not described in 
paragraph (1)(C)), the term ``parent'' does not include the 
natural father or the child if the father has disappeared or 
abandoned or deserted the child or if the father has in writing 
irrevocably released the child for emigration and adoption.
 (3) The term ``person'' means an individual or an 
organization.
 (4) The term ``immigration judge'' means an attorney whom the 
Attorney General appoints as an administrative judge within the 
Executive Office for Immigration Review, qualified to conduct 
specified classes of proceedings, including a hearing under 
section 240. An immigration judge shall be subject to such 
supervision and shall perform such duties as the Attorney 
General shall prescribe, but shall not be employed by the 
Immigration and Naturalization Service.
 (5) The term ``adjacent islands'' includes Saint Pierre, 
Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the 
Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, 
Trinidad, Martinique, and other British, French, and 
Netherlands territory or possessions in or bordering on the 
Caribbean Sea.
 (c) As used in title III--
 (1) The term ``child'' means an unmarried person under 
twenty-one years of age and includes a child legitimated under 
the law of the child's residence or domicile, or under the law 
of the father's residence or domicile, whether in the United 
States or elsewhere, and, except as otherwise provided in 
sections 320 and 321 of title III, a child adopted in the 
United States, if such legitimation or adoption takes place 
before the child reaches the age of 16 years (except to the 
extent that the child is described in subparagraph (E)(ii) or 
(F)(ii) of subsection (b)(1)), and the child is in the legal 
custody of the legitimating or adopting parent or parents at 
the time of such legitimation or adoption.
 (2) The terms ``parent'', ``father'', and ``mother'' include 
in the case of a posthumous child a deceased parent, father, 
and mother.
 (e) For the purpose of this Act--
 (1) The giving, loaning, or promising of support or of money 
or any other thing of value to be used for advocating any 
doctrine shall constitute the advocating of such doctrine; but 
nothing in this paragraph shall be construed as an exclusive 
definition of advocating.
 (2) The giving, loaning, or promising of support or of money 
or any other thing of value for any purpose to any organization 
shall be presumed to constitute affiliation therewith; but 
nothing in this paragraph shall be construed as an exclusive 
definition of affiliation.
 (3) Advocating the economic, international, and governmental 
doctrines of world communism means advocating the establishment 
of a totalitarian Communist dictatorship in any or all of the 
countries of the world through the medium of an internationally 
coordinated Communist movement.
 (f) For the purposes of this Act--
 No person shall be regarded as, or found to be, a person of 
good moral character who, during the period for which good 
moral character is required to be established, is, or was--
 (1) a habitual drunkard;
 (3) a member of one or more of the classes of 
 persons, whether inadmissible or not, described in 
 paragraphs (2)(D), (6)(E), and (10)(A) of section 
 212(a) of this Act; or subparagraphs (A) and (B) of 
 section 212(a)(2) and subparagraph (C) thereof of such 
 section (except as such paragraph relates to a single 
 offense of simple possession of 30 grams or less of 
 marihuana); if the offense described therein, for which 
 such person was convicted or of which he admits the 
 commission, was committed during such period;
 (4) one whose income is derived principally from 
 illegal gambling activities;
 (5) one who has been convicted of two or more 
 gambling offenses committed during such period;
 (6) one who has given false testimony for the purpose 
 of obtaining any benefits under this Act;
 (7) one who during such period has been confined, as 
 a result of conviction, to a penal institution for an 
 aggregate period of one hundred and eighty days or 
 more, regardless of whether the offense, or offenses, 
 for which he has been confined were committed within or 
 without such period;
 (8) one who at any time has been convicted of an 
 aggravated felony (as defined in subsection (a)(43)); 
 or
 (9) one who at any time has engaged in conduct 
 described in section 212(a)(3)(E) (relating to 
 assistance in Nazi persecution, participation in 
 genocide, or commission of acts of torture or 
 extrajudicial killings) or 212(a)(2)(G) (relating to 
 severe violations of religious freedom).
 The fact that any person is not within any of the foregoing 
classes shall not preclude a finding that for other reasons 
such person is or was not of good moral character. In the case 
of an alien who makes a false statement or claim of 
citizenship, or who registers to vote or votes in a Federal, 
State, or local election (including an initiative, recall, or 
referendum) in violation of a lawful restriction of such 
registration or voting to citizens, if each natural parent of 
the alien (or, in the case of an adopted alien, each adoptive 
parent of the alien) is or was a citizen (whether by birth or 
naturalization), the alien permanently resided in the United 
States prior to attaining the age of 16, and the alien 
reasonably believed at the time of such statement, claim, or 
violation that he or she was a citizen, no finding that the 
alien is, or was, not of good moral character may be made based 
on it.
 (g) For the purposes of this Act any alien ordered deported 
or removed (whether before or after the enactment of this Act) 
who has left the United States, shall be considered to have 
been deported or removed in pursuance of law, irrespective of 
the source from which the expenses of his transportation were 
defrayed or of the place to which he departed.
 (h) For purposes of section 212(a)(2)(E), the term ``serious 
criminal offense'' means--
 (1) any felony;
 (2) any crime of violence, as defined in section 16 
 of title 18 of the United States Code; or
 (3) any crime of reckless driving or of driving while 
 intoxicated or under the influence of alcohol or of 
 prohibited substances if such crime involves personal 
 injury to another.
 (i) With respect to each nonimmigrant alien described in 
subsection (a)(15)(T)(i)--
 (1) the Secretary of Homeland Security, the Attorney 
 General, and other Government officials, where 
 appropriate, shall provide the alien with a referral to 
 a nongovernmental organization that would advise the 
 alien regarding the alien's options while in the United 
 States and the resources available to the alien; and
 (2) the Secretary of Homeland Security shall, during 
 the period the alien is in lawful temporary resident 
 status under that subsection, grant the alien 
 authorization to engage in employment in the United 
 States and provide the alien with an ``employment 
 authorized'' endorsement or other appropriate work 
 permit.

 * * * * * * *

TITLE II--IMMIGRATION

 * * * * * * *

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

 * * * * * * *

 admission of nonimmigrants

 Sec. 214. (a)(1) The admission to the United States of any 
alien as a nonimmigrant shall be for such time and under such 
conditions as the Attorney General may by regulations 
prescribe, including when he deems necessary the giving of a 
bond with sufficient surety in such sum and containing such 
conditions as the Attorney General shall prescribe, to insure 
that at the expiration of such time or upon failure to maintain 
the status under which he was admitted, or to maintain any 
status subsequently acquired under section 248, such alien will 
depart from the United States. No alien admitted to Guam or the 
Commonwealth of the Northern Mariana Islands without a visa 
pursuant to section 212(l) may be authorized to enter or stay 
in the United States other than in Guam or the Commonwealth of 
the Northern Mariana Islands or to remain in Guam or the 
Commonwealth of the Northern Mariana Islands for a period 
exceeding 45 days from date of admission to Guam or the 
Commonwealth of the Northern Mariana Islands. No alien admitted 
to the United States without a visa pursuant to section 217 may 
be authorized to remain in the United States as a nonimmigrant 
visitor for a period exceeding 90 days from the date of 
admission.
 (2)(A) The period of authorized status as a nonimmigrant 
described in section 101(a)(15)(O) shall be for such period as 
the Attorney General may specify in order to provide for the 
event (or events) for which the nonimmigrant is admitted.
 (B) The period of authorized status as a nonimmigrant 
described in section 101(a)(15)(P) shall be for such period as 
the Attorney General may specify in order to provide for the 
competition, event, or performance for which the nonimmigrant 
is admitted. In the case of nonimmigrants admitted as 
individual athletes under section 101(a)(15)(P), the period of 
authorized status may be for an initial period (not to exceed 5 
years) during which the nonimmigrant will perform as an athlete 
and such period may be extended by the Attorney General for an 
additional period of up to 5 years.
 (b) Every alien (other than a nonimmigrant described in 
subparagraph (L) or (V) of section 101(a)(15), and other than a 
nonimmigrant described in any provision of section 
101(a)(15)(H)(i) except subclause (b1) of such section) shall 
be presumed to be an immigrant until he establishes to the 
satisfaction of the consular officer, at the time of 
application for a visa, and the immigration officers, at the 
time of application for admission, that he is entitled to a 
nonimmigrant status under section 101(a)(15). An alien who is 
an officer or employee of any foreign government or of any 
international organization entitled to enjoy privileges, 
exemptions, and immunities under the International 
Organizations Immunities Act, or an alien who is the attendant, 
servant, employee, or member of the immediate family of any 
such alien shall not be entitled to apply for or receive an 
immigrant visa, or to enter the United States as an immigrant 
unless he executes a written waiver in the same form and 
substance as is prescribed by section 247(b).
 (c)(1) The question of importing any alien as a nonimmigrant 
under subparagraph (H), (L), (O), or (P)(i) of section 
101(a)(15) (excluding nonimmigrants under section 
101(a)(15)(H)(i)(b1)) in any specific case or specific cases 
shall be determined by the Attorney General, after consultation 
with appropriate agencies of the Government, upon petition of 
the importing employer. Such petition shall be made and 
approved before the visa is granted. The petition shall be in 
such form and contain such information as the Attorney General 
shall prescribe. The approval of such a petition shall not, of 
itself, be construed as establishing that the alien is a 
nonimmigrant. For purposes of this subsection with respect to 
nonimmigrants described in section 101(a)(15)(H)(ii)(a), the 
term ``appropriate agencies of Government'' means the 
Department of Labor and includes the Department of Agriculture. 
The provisions of section 218 shall apply to the question of 
importing any alien as a nonimmigrant under section 
101(a)(15)(H)(ii)(a).
 (2)(A) The Attorney General shall provide for a procedure 
under which an importing employer which meets requirements 
established by the Attorney General may file a blanket petition 
to import aliens as nonimmigrants described in section 
101(a)(15)(L) instead of filing individual petitions under 
paragraph (1) to import such aliens. Such procedure shall 
permit the expedited processing of visas for admission of 
aliens covered under such a petition.
 (B) For purposes of section 101(a)(15)(L), an alien is 
considered to be serving in a capacity involving specialized 
knowledge with respect to a company if the alien has a special 
knowledge of the company product and its application in 
international markets or has an advanced level of knowledge of 
processes and procedures of the company.
 (C) The Attorney General shall provide a process for 
reviewing and acting upon petitions under this subsection with 
respect to nonimmigrants described in section 101(a)(15)(L) 
within 30 days after the date a completed petition has been 
filed.
 (D) The period of authorized admission for--
 (i) a nonimmigrant admitted to render services in a 
 managerial or executive capacity under section 
 101(a)(15)(L) shall not exceed 7 years, or
 (ii) a nonimmigrant admitted to render services in a 
 capacity that involves specialized knowledge under 
 section 101(a)(15)(L) shall not exceed 5 years.
 (E) In the case of an alien spouse admitted under section 
101(a)(15)(L), who is accompanying or following to join a 
principal alien admitted under such section, the Attorney 
General shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
``employment authorized'' endorsement or other appropriate work 
permit.
 (F) An alien who will serve in a capacity involving 
specialized knowledge with respect to an employer for purposes 
of section 101(a)(15)(L) and will be stationed primarily at the 
worksite of an employer other than the petitioning employer or 
its affiliate, subsidiary, or parent shall not be eligible for 
classification under section 101(a)(15)(L) if--
 (i) the alien will be controlled and supervised 
 principally by such unaffiliated employer; or
 (ii) the placement of the alien at the worksite of 
 the unaffiliated employer is essentially an arrangement 
 to provide labor for hire for the unaffiliated 
 employer, rather than a placement in connection with 
 the provision of a product or service for which 
 specialized knowledge specific to the petitioning 
 employer is necessary.
 (3) The Attorney General shall approve a petition--
 (A) with respect to a nonimmigrant described in 
 section 101(a)(15)(O)(i) only after consultation in 
 accordance with paragraph (6) or, with respect to 
 aliens seeking entry for a motion picture or television 
 production, after consultation with the appropriate 
 union representing the alien's occupational peers and a 
 management organization in the area of the alien's 
 ability, or
 (B) with respect to a nonimmigrant described in 
 section 101(a)(15)(O)(ii) after consultation in 
 accordance with paragraph (6) or, in the case of such 
 an alien seeking entry for a motion picture or 
 television production, after consultation with such a 
 labor organization and a management organization in the 
 area of the alien's ability.
In the case of an alien seeking entry for a motion picture or 
television production, (i) any opinion under the previous 
sentence shall only be advisory, (ii) any such opinion that 
recommends denial must be in writing, (iii) in making the 
decision the Attorney General shall consider the exigencies and 
scheduling of the production, and (iv) the Attorney General 
shall append to the decision any such opinion. The Attorney 
General shall provide by regulation for the waiver of the 
consultation requirement under subparagraph (A) in the case of 
aliens who have been admitted as nonimmigrants under section 
101(a)(15)(O)(i) because of extraordinary ability in the arts 
and who seek readmission to perform similar services within 2 
years after the date of a consultation under such subparagraph. 
Not later than 5 days after the date such a waiver is provided, 
the Attorney General shall forward a copy of the petition and 
all supporting documentation to the national office of an 
appropriate labor organization.
 (4)(A) For purposes of section 101(a)(15)(P)(i)(a), an alien 
is described in this subparagraph if the alien--
 (i)(I) performs as an athlete, individually or as 
 part of a group or team, at an internationally 
 recognized level of performance;
 (II) is a professional athlete, as defined in section 
 204(i)(2);
 (III) performs as an athlete, or as a coach, as part 
 of a team or franchise that is located in the United 
 States and a member of a foreign league or association 
 of 15 or more amateur sports teams, if--
 (aa) the foreign league or association is the 
 highest level of amateur performance of that 
 sport in the relevant foreign country;
 (bb) participation in such league or 
 association renders players ineligible, whether 
 on a temporary or permanent basis, to earn a 
 scholarship in, or participate in, that sport 
 at a college or university in the United States 
 under the rules of the National Collegiate 
 Athletic Association; and
 (cc) a significant number of the individuals 
 who play in such league or association are 
 drafted by a major sports league or a minor 
 league affiliate of such a sports league; or
 (IV) is a professional athlete or amateur athlete who 
 performs individually or as part of a group in a 
 theatrical ice skating production; and
 (ii) seeks to enter the United States temporarily and 
 solely for the purpose of performing--
 (I) as such an athlete with respect to a 
 specific athletic competition; or
 (II) in the case of an individual described 
 in clause (i)(IV), in a specific theatrical ice 
 skating production or tour.
 (B)(i) For purposes of section 101(a)(15)(P)(i)(b), an alien 
is described in this subparagraph if the alien--
 (I) performs with or is an integral and essential 
 part of the performance of an entertainment group that 
 has (except as provided in clause (ii)) been recognized 
 internationally as being outstanding in the discipline 
 for a sustained and substantial period of time,
 (II) in the case of a performer or entertainer, 
 except as provided in clause (iii), has had a sustained 
 and substantial relationship with that group 
 (ordinarily for at least one year) and provides 
 functions integral to the performance of the group, and
 (III) seeks to enter the United States temporarily 
 and solely for the purpose of performing as such a 
 performer or entertainer or as an integral and 
 essential part of a performance.
 (ii) In the case of an entertainment group that is recognized 
nationally as being outstanding in its discipline for a 
sustained and substantial period of time, the Attorney General 
may, in consideration of special circumstances, waive the 
international recognition requirement of clause (i)(I).
 (iii)(I) The one-year relationship requirement of clause 
(i)(II) shall not apply to 25 percent of the performers and 
entertainers in a group.
 (II) The Attorney General may waive such one-year 
relationship requirement for an alien who because of illness or 
unanticipated and exigent circumstances replaces an essential 
member of the group and for an alien who augments the group by 
performing a critical role.
 (iv) The requirements of subclauses (I) and (II) of clause 
(i) shall not apply to alien circus personnel who perform as 
part of a circus or circus group or who constitute an integral 
and essential part of the performance of such circus or circus 
group, but only if such personnel are entering the United 
States to join a circus that has been recognized nationally as 
outstanding for a sustained and substantial period of time or 
as part of such a circus.
 (C) A person may petition the Attorney General for 
classification of an alien as a nonimmigrant under section 
101(a)(15)(P).
 (D) The Attorney General shall approve petitions under this 
subsection with respect to nonimmigrants described in clause 
(i) or (iii) of section 101(a)(15)(P) only after consultation 
in accordance with paragraph (6).
 (E) The Attorney General shall approve petitions under this 
subsection for nonimmigrants described in section 
101(a)(15)(P)(ii) only after consultation with labor 
organizations representing artists and entertainers in the 
United States.
 (F)(i) No nonimmigrant visa under section 101(a)(15)(P)(i)(a) 
shall be issued to any alien who is a national of a country 
that is a state sponsor of international terrorism unless the 
Secretary of State determines, in consultation with the 
Secretary of Homeland Security and the heads of other 
appropriate United States agencies, that such alien does not 
pose a threat to the safety, national security, or national 
interest of the United States. In making a determination under 
this subparagraph, the Secretary of State shall apply standards 
developed by the Secretary of State, in consultation with the 
Secretary of Homeland Security and the heads of other 
appropriate United States agencies, that are applicable to the 
nationals of such states.
 (ii) In this subparagraph, the term ``state sponsor of 
international terrorism'' means any country the government of 
which has been determined by the Secretary of State under any 
of the laws specified in clause (iii) to have repeatedly 
provided support for acts of international terrorism.
 (iii) The laws specified in this clause are the following:
 (I) Section 6(j)(1)(A) of the Export Administration 
 Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or 
 successor statute).
 (II) Section 40(d) of the Arms Export Control Act (22 
 U.S.C. 2780(d)).
 (III) Section 620A(a) of the Foreign Assistance Act 
 of 1961 (22 U.S.C. 2371(a)).
 (G) The Secretary of Homeland Security shall permit a 
petition under this subsection to seek classification of more 
than 1 alien as a nonimmigrant under section 
101(a)(15)(P)(i)(a).
 (H) The Secretary of Homeland Security shall permit an 
athlete, or the employer of an athlete, to seek admission to 
the United States for such athlete under a provision of this 
Act other than section 101(a)(15)(P)(i) if the athlete is 
eligible under such other provision.
 (I) The following shall apply to the admission of any alien 
under section 101(a)(15)(P)(iv):
 (i) The mobile entertainment provider shall be 
 subject to the same program requirements that govern 
 the admission of non-immigrants pursuant to section 
 101(a)(15)(H)(ii)(b) of the Immigration and Nationality 
 Act (8 U.S.C. 1101(a) (15)(H)(ii)(b)) as promulgated by 
 the Department of Labor in section 655 of title 20 of 
 the Code of Federal Regulations.
 (ii) For purposes of section 101(a)(15)(P)(iv), 
 functions that are integral and essential to the 
 operation of a mobile entertainment provider include 
 transporting, assembly, operation, disassembly, and 
 maintenance of mobile entertainment attractions, 
 structures, and equipment, including rides, games, 
 novelties, and food or beverage concessions, as well as 
 other functions that are common in the mobile 
 entertainment industry and are necessary for the safe 
 and efficient operation of the mobile entertainment 
 provider.
 (iii) For purposes of this subparagraph, the term 
 ``mobile entertainment provider'' means--
 (I) a carnival or circus that travels around 
 the United States on a temporary or seasonal 
 basis; or
 (II) a provider of services normally 
 affiliated with a carnival or circus, such as 
 food and game concessions, that travels around 
 the United States on a seasonal or temporary 
 basis to provide services to State, county, and 
 local fairs and festivals, or support events 
 sponsored by not-for-profit organizations for 
 fundraising.
 (5)(A) In the case of an alien who is provided nonimmigrant 
status under section 101(a)(15)(H)(i)(b) or 
101(a)(15)(H)(ii)(b) and who is dismissed from employment by 
the employer before the end of the period of authorized 
admission, the employer shall be liable for the reasonable 
costs of return transportation of the alien abroad.
 (B) In the case of an alien who is admitted to the United 
States in nonimmigrant status under section 101(a)(15)(O) or 
101(a)(15)(P) and whose employment terminates for reasons other 
than voluntary resignation, the employer whose offer of 
employment formed the basis of such nonimmigrant status and the 
petitioner are jointly and severally liable for the reasonable 
cost of return transportation of the alien abroad. The 
petitioner shall provide assurance satisfactory to the Attorney 
General that the reasonable cost of that transportation will be 
provided.
 (6)(A)(i) To meet the consultation requirement of paragraph 
(3)(A) in the case of a petition for a nonimmigrant described 
in section 101(a)(15)(O)(i) (other than with respect to aliens 
seeking entry for a motion picture or television production), 
the petitioner shall submit with the petition an advisory 
opinion from a peer group (or other person or persons of its 
choosing, which may include a labor organization) with 
expertise in the specific field involved.
 (ii) To meet the consultation requirement of paragraph (3)(B) 
in the case of a petition for a nonimmigrant described in 
section 101(a)(15)(O)(ii) (other than with respect to aliens 
seeking entry for a motion picture or television production), 
the petitioner shall submit with the petition an advisory 
opinion from a labor organization with expertise in the skill 
area involved.
 (iii) To meet the consultation requirement of paragraph 
(4)(D) in the case of a petition for a nonimmigrant described 
in section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii), the 
petitioner shall submit with the petition an advisory opinion 
from a labor organization with expertise in the specific field 
of athletics or entertainment involved.
 (B) To meet the consultation requirements of subparagraph 
(A), unless the petitioner submits with the petition an 
advisory opinion from an appropriate labor organization, the 
Attorney General shall forward a copy of the petition and all 
supporting documentation to the national office of an 
appropriate labor organization within 5 days of the date of 
receipt of the petition. If there is a collective bargaining 
representative of an employer's employees in the occupational 
classification for which the alien is being sought, that 
representative shall be the appropriate labor organization.
 (C) In those cases in which a petitioner described in 
subparagraph (A) establishes that an appropriate peer group 
(including a labor organization) does not exist, the Attorney 
General shall adjudicate the petition without requiring an 
advisory opinion.
 (D) Any person or organization receiving a copy of a petition 
described in subparagraph (A) and supporting documents shall 
have no more than 15 days following the date of receipt of such 
documents within which to submit a written advisory opinion or 
comment or to provide a letter of no objection. Once the 15-day 
period has expired and the petitioner has had an opportunity, 
where appropriate, to supply rebuttal evidence, the Attorney 
General shall adjudicate such petition in no more than 14 days. 
The Attorney General may shorten any specified time period for 
emergency reasons if no unreasonable burden would be thus 
imposed on any participant in the process.
 (E)(i) The Attorney General shall establish by regulation 
expedited consultation procedures in the case of nonimmigrant 
artists or entertainers described in section 101(a)(15)(O) or 
101(a)(15)(P) to accommodate the exigencies and scheduling of a 
given production or event.
 (ii) The Attorney General shall establish by regulation 
expedited consultation procedures in the case of nonimmigrant 
athletes described in section 101(a)(15)(O)(i) or 
101(a)(15)(P)(i) in the case of emergency circumstances 
(including trades during a season).
 (F) No consultation required under this subsection by the 
Attorney General with a nongovernmental entity shall be 
construed as permitting the Attorney General to delegate any 
authority under this subsection to such an entity. The Attorney 
General shall give such weight to advisory opinions provided 
under this section as the Attorney General determines, in his 
sole discretion, to be appropriate.
 (7) If a petition is filed and denied under this subsection, 
the Attorney General shall notify the petitioner of the 
determination and the reasons for the denial and of the process 
by which the petitioner may appeal the determination.
 (8) The Attorney General shall submit annually to the 
Committees on the Judiciary of the House of Representatives and 
of the Senate a report describing, with respect to petitions 
under each subcategory of subparagraphs (H), (O), (P), and (Q) 
of section 101(a)(15) the following:
 (A) The number of such petitions which have been 
 filed.
 (B) The number of such petitions which have been 
 approved and the number of workers (by occupation) 
 included in such approved petitions.
 (C) The number of such petitions which have been 
 denied and the number of workers (by occupation) 
 requested in such denied petitions.
 (D) The number of such petitions which have been 
 withdrawn.
 (E) The number of such petitions which are awaiting 
 final action.
 (9)(A) The Attorney General shall impose a fee on an employer 
(excluding any employer that is a primary or secondary 
education institution, an institution of higher education, as 
defined in section 101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a), a nonprofit entity related to or affiliated 
with any such institution, a nonprofit entity which engages in 
established curriculum-related clinical training of students 
registered at any such institution, a nonprofit research 
organization, or a governmental research organization) filing 
before a petition under paragraph (1)--
 (i) initially to grant an alien nonimmigrant status 
 described in section 101(a)(15)(H)(i)(b);
 (ii) to extend the stay of an alien having such 
 status (unless the employer previously has obtained an 
 extension for such alien); or
 (iii) to obtain authorization for an alien having 
 such status to change employers.
 (B) The amount of the fee shall be $1,500 for each such 
petition except that the fee shall be half the amount for each 
such petition by any employer with not more than 25 full-time 
equivalent employees who are employed in the United States 
(determined by including any affiliate or subsidiary of such 
employer).
 (C) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(s).
 (10) An amended H-1B petition shall not be required 
 where the petitioning employer is involved in a 
 corporate restructuring, including but not limited to a 
 merger, acquisition, or consolidation, where a new 
 corporate entity succeeds to the interests and 
 obligations of the original petitioning employer and 
 where the terms and conditions of employment remain the 
 same but for the identity of the petitioner.
 (11)(A) Subject to subparagraph (B), the Secretary of 
Homeland Security or the Secretary of State, as appropriate, 
shall impose a fee on an employer who has filed an attestation 
described in section 212(t)--
 (i) in order that an alien may be initially granted 
 nonimmigrant status described in section 
 101(a)(15)(H)(i)(b1); or
 (ii) in order to satisfy the requirement of the 
 second sentence of subsection (g)(8)(C) for an alien 
 having such status to obtain certain extensions of 
 stay.
 (B) The amount of the fee shall be the same as the amount 
imposed by the Secretary of Homeland Security under paragraph 
(9), except that if such paragraph does not authorize such 
Secretary to impose any fee, no fee shall be imposed under this 
paragraph.
 (C) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(s).
 (12)(A) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fraud prevention 
and detection fee on an employer filing a petition under 
paragraph (1)--
 (i) initially to grant an alien nonimmigrant status 
 described in subparagraph (H)(i)(b) or (L) of section 
 101(a)(15); or
 (ii) to obtain authorization for an alien having such 
 status to change employers.
 (B) In addition to any other fees authorized by law, the 
Secretary of State shall impose a fraud prevention and 
detection fee on an alien filing an application abroad for a 
visa authorizing admission to the United States as a 
nonimmigrant described in section 101(a)(15)(L), if the alien 
is covered under a blanket petition described in paragraph 
(2)(A).
 (C) The amount of the fee imposed under subparagraph (A) or 
(B) shall be $500.
 (D) The fee imposed under subparagraph (A) or (B) shall only 
apply to principal aliens and not to the spouses or children 
who are accompanying or following to join such principal 
aliens.
 (E) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(v).
 (13)(A) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fraud prevention 
and detection fee on an employer filing a petition under 
paragraph (1) for nonimmigrant workers described in section 
101(a)(15)(H)(ii)(b).
 (B) The amount of the fee imposed under subparagraph (A) 
shall be $150.
 (14)(A) If the Secretary of Homeland Security finds, after 
notice and an opportunity for a hearing, a substantial failure 
to meet any of the conditions of the petition to admit or 
otherwise provide status to a nonimmigrant worker under section 
101(a)(15)(H)(ii)(b) or a willful misrepresentation of a 
material fact in such petition--
 (i) the Secretary of Homeland Security may, in 
 addition to any other remedy authorized by law, impose 
 such administrative remedies (including civil monetary 
 penalties in an amount not to exceed $10,000 per 
 violation) as the Secretary of Homeland Security 
 determines to be appropriate; and
 (ii) the Secretary of Homeland Security may deny 
 petitions filed with respect to that employer under 
 section 204 or paragraph (1) of this subsection during 
 a period of at least 1 year but not more than 5 years 
 for aliens to be employed by the employer.
 (B) The Secretary of Homeland Security may delegate to the 
Secretary of Labor, with the agreement of the Secretary of 
Labor, any of the authority given to the Secretary of Homeland 
Security under subparagraph (A)(i).
 (C) In determining the level of penalties to be assessed 
under subparagraph (A), the highest penalties shall be reserved 
for willful failures to meet any of the conditions of the 
petition that involve harm to United States workers.
 (D) In this paragraph, the term ``substantial failure'' means 
the willful failure to comply with the requirements of this 
section that constitutes a significant deviation from the terms 
and conditions of a petition.
 (d)(1) A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(i) until the consular officer has 
received a petition filed in the United States by the fiancee 
or fiance of the applying alien and approved by the Secretary 
of Homeland Security. The petition shall be in such form and 
contain such information as the Secretary of Homeland Security 
shall, by regulation, prescribe. Such information shall include 
information on any criminal convictions of the petitioner for 
any specified crime described in paragraph (3)(B) and 
information on any permanent protection or restraining order 
issued against the petitioner related to any specified crime 
described in paragraph (3)(B)(i). It shall be approved only 
after satisfactory evidence is submitted by the petitioner to 
establish that the parties have previously met in person within 
2 years before the date of filing the petition, have a bona 
fide intention to marry, and are legally able and actually 
willing to conclude a valid marriage in the United States 
within a period of ninety days after the alien's arrival, 
except that the Secretary of Homeland Security in his 
discretion may waive the requirement that the parties have 
previously met in person. In the event the marriage with the 
petitioner does not occur within three months after the 
admission of the said alien and minor children, they shall be 
required to depart from the United States and upon failure to 
do so shall be removed in accordance with sections 240 and 241.
 (2)(A) Subject to subparagraphs (B) and (C), the Secretary of 
Homeland Security may not approve a petition under paragraph 
(1) unless the Secretary has verified that--
 (i) the petitioner has not, previous to the pending 
 petition, petitioned under paragraph (1) with respect 
 to two or more applying aliens; and
 (ii) if the petitioner has had such a petition 
 previously approved, 2 years have elapsed since the 
 filing of such previously approved petition.
 (B) The Secretary of Homeland Security may, in the 
Secretary's discretion, waive the limitations in subparagraph 
(A) if justification exists for such a waiver. Except in 
extraordinary circumstances and subject to subparagraph (C), 
such a waiver shall not be granted if the petitioner has a 
record of violent criminal offenses against a person or 
persons.
 (C)(i) The Secretary of Homeland Security is not limited by 
the criminal court record and shall grant a waiver of the 
condition described in the second sentence of subparagraph (B) 
in the case of a petitioner described in clause (ii).
 (ii) A petitioner described in this clause is a petitioner 
who has been battered or subjected to extreme cruelty and who 
is or was not the primary perpetrator of violence in the 
relationship upon a determination that--
 (I) the petitioner was acting in self-defense;
 (II) the petitioner was found to have violated a 
 protection order intended to protect the petitioner; or
 (III) the petitioner committed, was arrested for, was 
 convicted of, or pled guilty to committing a crime that 
 did not result in serious bodily injury and where there 
 was a connection between the crime and the petitioner's 
 having been battered or subjected to extreme cruelty.
 (iii) In acting on applications under this subparagraph, the 
Secretary of Homeland Security shall consider any credible 
evidence relevant to the application. The determination of what 
evidence is credible and the weight to be given that evidence 
shall be within the sole discretion of the Secretary.
 (3) In this subsection:
 (A) The terms ``domestic violence'', ``sexual 
 assault'', ``child abuse and neglect'', ``dating 
 violence'', ``elder abuse'', and ``stalking'' have the 
 meaning given such terms in section 3 of the Violence 
 Against Women and Department of Justice Reauthorization 
 Act of 2005.
 (B) The term ``specified crime'' means the following:
 (i) Domestic violence, sexual assault, child 
 abuse and neglect, dating violence, elder 
 abuse, stalking, or an attempt to commit any 
 such crime.
 (ii) Homicide, murder, manslaughter, rape, 
 abusive sexual contact, sexual exploitation, 
 incest, torture, trafficking, peonage, holding 
 hostage, involuntary servitude, slave trade, 
 kidnapping, abduction, unlawful criminal 
 restraint, false imprisonment, or an attempt to 
 commit any of the crimes described in this 
 clause.
 (iii) At least three convictions for crimes 
 relating to a controlled substance or alcohol 
 not arising from a single act.
 (e)
 (1) An alien who is a citizen of Canada or Mexico, and the 
spouse and children of any such alien if accompanying or 
following to join such alien, who seeks to enter the United 
States under and pursuant to the provisions of Section D of 
Annex 16-A of the USMCA (as defined in section 3 of the United 
States-Mexico-Canada Agreement Implementation Act) to engage in 
business activities at a professional level as provided for in 
such Annex, may be admitted for such purpose under regulations 
of the Attorney General promulgated after consultation with the 
Secretaries of State and Labor. For purposes of this Act, 
including the issuance of entry documents and the application 
of subsection (b), such alien shall be treated as if seeking 
classification, or classifiable, as a nonimmigrant under 
section 101(a)(15). For purposes of this paragraph, the term 
``citizen of Mexico'' means ``citizen'' as defined in article 
16.1 of the USMCA.
 (2) In the case of an alien spouse admitted under section 
101(a)(15)(E), who is accompanying or following to join a 
principal alien admitted under such section, the Attorney 
General shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
``employment authorized'' endorsement or other appropriate work 
permit.
 (f)(1) Except as provided in paragraph (3), no alien shall be 
entitled to nonimmigrant status described in section 
101(a)(15)(D) if the alien intends to land for the purpose of 
performing service on board a vessel of the United States (as 
defined in section 2101(46) of title 46, United States Code) or 
on an aircraft of an air carrier (as defined in section 
40102(a)(2) of title 49, United States Code) during a labor 
dispute where there is a strike or lockout in the bargaining 
unit of the employer in which the alien intends to perform such 
service.
 (2) An alien described in paragraph (1)--
 (A) may not be paroled into the United States 
 pursuant to section 212(d)(5) unless the Attorney 
 General determines that the parole of such alien is 
 necessary to protect the national security of the 
 United States; and
 (B) shall be considered not to be a bona fide crewman 
 for purposes of section 252(b).
 (3) Paragraph (1) shall not apply to an alien if the air 
carrier or owner or operator of such vessel that employs the 
alien provides documentation that satisfies the Attorney 
General that the alien--
 (A) has been an employee of such employer for a 
 period of not less than 1 year preceding the date that 
 a strike or lawful lockout commenced;
 (B) has served as a qualified crewman for such 
 employer at least once in each of 3 months during the 
 12-month period preceding such date; and
 (C) shall continue to provide the same services that 
 such alien provided as such a crewman.
 (g)(1) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year 
(beginning with fiscal year 1992)--
 (A) under section 101(a)(15)(H)(i)(b), may not 
 exceed--
 (i) 65,000 in each fiscal year before fiscal 
 year 1999;
 (ii) 115,000 in fiscal year 1999;
 (iii) 115,000 in fiscal year 2000;
 (iv) 195,000 in fiscal year 2001;
 (v) 195,000 in fiscal year 2002;
 (vi) 195,000 in fiscal year 2003; and
 (vii) 65,000 in each succeeding fiscal year; 
 or
 (B) under section 101(a)(15)(H)(ii)(b) may not exceed 
 66,000.
 (2) The numerical limitations of paragraph (1) shall only 
apply to principal aliens and not to the spouses or children of 
such aliens.
 (3) Aliens who are subject to the numerical limitations of 
paragraph (1) shall be issued visas (or otherwise provided 
nonimmigrant status) in the order in which petitions are filed 
for such visas or status. If an alien who was issued a visa or 
otherwise provided nonimmigrant status and counted against the 
numerical limitations of paragraph (1) is found to have been 
issued such visa or otherwise provided such status by fraud or 
willfully misrepresenting a material fact and such visa or 
nonimmigrant status is revoked, then one number shall be 
restored to the total number of aliens who may be issued visas 
or otherwise provided such status under the numerical 
limitations of paragraph (1) in the fiscal year in which the 
petition is revoked, regardless of the fiscal year in which the 
petition was approved.
 (4) In the case of a nonimmigrant described in section 
101(a)(15)(H)(i)(b), the period of authorized admission as such 
a nonimmigrant may not exceed 6 years.
 (5) The numerical limitations contained in paragraph (1)(A) 
shall not apply to any nonimmigrant alien issued a visa or 
otherwise provided status under section 101(a)(15)(H)(i)(b) 
who--
 (A) is employed (or has received an offer of 
 employment) at an institution of higher education (as 
 defined in section 101(a) of the Higher Education Act 
 of 1965 (20 U.S.C. 1001(a))), or a related or 
 affiliated nonprofit entity;
 (B) is employed (or has received an offer of 
 employment) at a nonprofit research organization or a 
 governmental research organization; or
 (C) has earned a master's or higher degree from a 
 United States institution of higher education (as 
 defined in section 101(a) of the Higher Education Act 
 of 1965 (20 U.S.C. 1001(a)), until the number of aliens 
 who are exempted from such numerical limitation during 
 such year exceeds 20,000.
 (6) Any alien who ceases to be employed by an employer 
described in paragraph (5)(A) shall, if employed as a 
nonimmigrant alien described in section 101(a)(15)(H)(i)(b), 
who has not previously been counted toward the numerical 
limitations contained in paragraph (1)(A), be counted toward 
those limitations the first time the alien is employed by an 
employer other than one described in paragraph (5).
 (7) Any alien who has already been counted, within the 6 
years prior to the approval of a petition described in 
subsection (c), toward the numerical limitations of paragraph 
(1)(A) shall not again be counted toward those limitations 
unless the alien would be eligible for a full 6 years of 
authorized admission at the time the petition is filed. Where 
multiple petitions are approved for 1 alien, that alien shall 
be counted only once.
 (8)(A) The agreements referred to in section 
101(a)(15)(H)(i)(b1) are--
 (i) the United States-Chile Free Trade Agreement; and
 (ii) the United States-Singapore Free Trade 
 Agreement.
 (B)(i) The Secretary of Homeland Security shall establish 
annual numerical limitations on approvals of initial 
applications by aliens for admission under section 
101(a)(15)(H)(i)(b1).
 (ii) The annual numerical limitations described in clause (i) 
shall not exceed--
 (I) 1,400 for nationals of Chile (as defined in 
 article 14.9 of the United States-Chile Free Trade 
 Agreement) for any fiscal year; and
 (II) 5,400 for nationals of Singapore (as defined in 
 Annex 1A of the United States-Singapore Free Trade 
 Agreement) for any fiscal year.
 (iii) The annual numerical limitations described in clause 
(i) shall only apply to principal aliens and not to the spouses 
or children of such aliens.
 (iv) The annual numerical limitation described in paragraph 
(1)(A) is reduced by the amount of the annual numerical 
limitations established under clause (i). However, if a 
numerical limitation established under clause (i) has not been 
exhausted at the end of a given fiscal year, the Secretary of 
Homeland Security shall adjust upwards the numerical limitation 
in paragraph (1)(A) for that fiscal year by the amount 
remaining in the numerical limitation under clause (i). Visas 
under section 101(a)(15)(H)(i)(b) may be issued pursuant to 
such adjustment within the first 45 days of the next fiscal 
year to aliens who had applied for such visas during the fiscal 
year for which the adjustment was made.
 (C) The period of authorized admission as a nonimmigrant 
under section 101(a)(15)(H)(i)(b1) shall be 1 year, and may be 
extended, but only in 1-year increments. After every second 
extension, the next following extension shall not be granted 
unless the Secretary of Labor had determined and certified to 
the Secretary of Homeland Security and the Secretary of State 
that the intending employer has filed with the Secretary of 
Labor an attestation under section 212(t)(1) for the purpose of 
permitting the nonimmigrant to obtain such extension.
 (D) The numerical limitation described in paragraph (1)(A) 
for a fiscal year shall be reduced by one for each alien 
granted an extension under subparagraph (C) during such year 
who has obtained 5 or more consecutive prior extensions.
 (9)(A) Subject to subparagraphs (B) and (C), an alien who has 
already been counted toward the numerical limitation of 
paragraph (1)(B) during fiscal year 2013, 2014, or 2015 shall 
not again be counted toward such limitation during fiscal year 
2016. Such an alien shall be considered a returning worker.
 (B) A petition to admit or otherwise provide status under 
section 101(a)(15)(H)(ii)(b) shall include, with respect to a 
returning worker--
 (i) all information and evidence that the Secretary 
 of Homeland Security determines is required to support 
 a petition for status under section 
 101(a)(15)(H)(ii)(b);
 (ii) the full name of the alien; and
 (iii) a certification to the Department of Homeland 
 Security that the alien is a returning worker.
 (C) An H-2B visa or grant of nonimmigrant status for a 
returning worker shall be approved only if the alien is 
confirmed to be a returning worker by--
 (i) the Department of State; or
 (ii) if the alien is visa exempt or seeking to change 
 to status under section 101 (a)(15)(H)(ii)(b), the 
 Department of Homeland Security.
 (10) The numerical limitations of paragraph (1)(B) shall be 
allocated for a fiscal year so that the total number of aliens 
subject to such numerical limits who enter the United States 
pursuant to a visa or are accorded nonimmigrant status under 
section 101(a)(15)(H)(ii)(b) during the first 6 months of such 
fiscal year is not more than 33,000.
 (11)(A) The Secretary of State may not approve a number of 
initial applications submitted for aliens described in section 
101(a)(15)(E)(iii) that is more than the applicable numerical 
limitation set out in this paragraph.
 (B) The applicable numerical limitation referred to in 
subparagraph (A) is 10,500 for each fiscal year.
 (C) The applicable numerical limitation referred to in 
subparagraph (A) shall only apply to principal aliens and not 
to the spouses or children of such aliens.
 (h) The fact that an alien is the beneficiary of an 
application for a preference status filed under section 204 or 
has otherwise sought permanent residence in the United States 
shall not constitute evidence of an intention to abandon a 
foreign residence for purposes of obtaining a visa as a 
nonimmigrant described in subparagraph (H)(i)(b) or (c), (L), 
or (V) of section 101(a)(15) or otherwise obtaining or 
maintaining the status of a nonimmigrant described in such 
subparagraph, if the alien had obtained a change of status 
under section 248 to a classification as such a nonimmigrant 
before the alien's most recent departure from the United 
States.
 (i)(1) Except as provided in paragraph (3), for purposes of 
section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and 
paragraph (2), the term ``specialty occupation'' means an 
occupation that requires--
 (A) theoretical and practical application of a body 
 of highly specialized knowledge, and
 (B) attainment of a bachelor's or higher degree in 
 the specific specialty (or its equivalent) as a minimum 
 for entry into the occupation in the United States.
 (2) For purposes of section 101(a)(15)(H)(i)(b), the 
requirements of this paragraph, with respect to a specialty 
occupation, are--
 (A) full state licensure to practice in the 
 occupation, if such licensure is required to practice 
 in the occupation,
 (B) completion of the degree described in paragraph 
 (1)(B) for the occupation, or
 (C)(i) experience in the specialty equivalent to the 
 completion of such degree, and (ii) recognition of 
 expertise in the specialty through progressively 
 responsible positions relating to the specialty.
 (3) For purposes of section 101(a)(15)(H)(i)(b1), the term 
``specialty occupation'' means an occupation that requires--
 (A) theoretical and practical application of a body 
 of specialized knowledge; and
 (B) attainment of a bachelor's or higher degree in 
 the specific specialty (or its equivalent) as a minimum 
 for entry into the occupation in the United States.
 (j)
 (1) Notwithstanding any other provision of this Act, 
 an alien who is a citizen of Canada or Mexico who seeks 
 to enter the United States under and pursuant to the 
 provisions of Section B, Section C, or Section D of 
 Annex 16-A of the USMCA (as defined in section 3 of the 
 United States-Mexico-Canada Agreement Implementation 
 Act), shall not be classified as a nonimmigrant under 
 such provisions if there is in progress a strike or 
 lockout in the course of a labor dispute in the 
 occupational classification at the place or intended 
 place of employment, unless such alien establishes, 
 pursuant to regulations promulgated by the Attorney 
 General, that the alien's entry will not affect 
 adversely the settlement of the strike or lockout or 
 the employment of any person who is involved in the 
 strike or lockout. Notice of a determination under this 
 paragraph shall be given as may be required by 
 paragraph 3 of article 16.4 of the USMCA. For purposes 
 of this paragraph, the term ``citizen of Mexico'' means 
 ``citizen'' as defined in article 16.1 of the USMCA.
 (2) Notwithstanding any other provision of this Act except 
section 212(t)(1), and subject to regulations promulgated by 
the Secretary of Homeland Security, an alien who seeks to enter 
the United States under and pursuant to the provisions of an 
agreement listed in subsection (g)(8)(A), and the spouse and 
children of such an alien if accompanying or following to join 
the alien, may be denied admission as a nonimmigrant under 
subparagraph (E), (L), or (H)(i)(b1) of section 101(a)(15) if 
there is in progress a labor dispute in the occupational 
classification at the place or intended place of employment, 
unless such alien establishes, pursuant to regulations 
promulgated by the Secretary of Homeland Security after 
consultation with the Secretary of Labor, that the alien's 
entry will not affect adversely the settlement of the labor 
dispute or the employment of any person who is involved in the 
labor dispute. Notice of a determination under this paragraph 
shall be given as may be required by such agreement.
 (k)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year 
may not exceed 200. The number of aliens who may be provided a 
visa as nonimmigrants under section 101(a)(15)(S)(ii) in any 
fiscal year may not exceed 50.
 (2) The period of admission of an alien as such a 
nonimmigrant may not exceed 3 years. Such period may not be 
extended by the Attorney General.
 (3) As a condition for the admission, and continued stay in 
lawful status, of such a nonimmigrant, the nonimmigrant--
 (A) shall report not less often than quarterly to the 
 Attorney General such information concerning the 
 alien's whereabouts and activities as the Attorney 
 General may require;
 (B) may not be convicted of any criminal offense 
 punishable by a term of imprisonment of 1 year or more 
 after the date of such admission;
 (C) must have executed a form that waives the 
 nonimmigrant's right to contest, other than on the 
 basis of an application for withholding of removal, any 
 action for removal of the alien instituted before the 
 alien obtains lawful permanent resident status; and
 (D) shall abide by any other condition, limitation, 
 or restriction imposed by the Attorney General.
 (4) The Attorney General shall submit a report annually to 
the Committee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate concerning--
 (A) the number of such nonimmigrants admitted;
 (B) the number of successful criminal prosecutions or 
 investigations resulting from cooperation of such 
 aliens;
 (C) the number of terrorist acts prevented or 
 frustrated resulting from cooperation of such aliens;
 (D) the number of such nonimmigrants whose admission 
 or cooperation has not resulted in successful criminal 
 prosecution or investigation or the prevention or 
 frustration of a terrorist act; and
 (E) the number of such nonimmigrants who have failed 
 to report quarterly (as required under paragraph (3)) 
 or who have been convicted of crimes in the United 
 States after the date of their admission as such a 
 nonimmigrant.
 (l)(1) In the case of a request by an interested State 
agency, or by an interested Federal agency, for a waiver of the 
2-year foreign residence requirement under section 212(e) on 
behalf of an alien described in clause (iii) of such section, 
the Attorney General shall not grant such waiver unless--
 (A) in the case of an alien who is otherwise 
 contractually obligated to return to a foreign country, 
 the government of such country furnishes the Director 
 of the United States Information Agency with a 
 statement in writing that it has no objection to such 
 waiver;
 (B) in the case of a request by an interested State 
 agency, the grant of such waiver would not cause the 
 number of waivers allotted for that State for that 
 fiscal year to exceed 30;
 (C) in the case of a request by an interested Federal 
 agency or by an interested State agency--
 (i) the alien demonstrates a bona fide offer 
 of full-time employment at a health facility or 
 health care organization, which employment has 
 been determined by the Attorney General to be 
 in the public interest; and
 (ii) the alien agrees to begin employment 
 with the health facility or health care 
 organization within 90 days of receiving such 
 waiver, and agrees to continue to work for a 
 total of not less than 3 years (unless the 
 Attorney General determines that extenuating 
 circumstances exist, such as closure of the 
 facility or hardship to the alien, which would 
 justify a lesser period of employment at such 
 health facility or health care organization, in 
 which case the alien must demonstrate another 
 bona fide offer of employment at a health 
 facility or health care organization for the 
 remainder of such 3-year period); and
 (D) in the case of a request by an interested Federal 
 agency (other than a request by an interested Federal 
 agency to employ the alien full-time in medical 
 research or training) or by an interested State agency, 
 the alien agrees to practice primary care or specialty 
 medicine in accordance with paragraph (2) for a total 
 of not less than 3 years only in the geographic area or 
 areas which are designated by the Secretary of Health 
 and Human Services as having a shortage of health care 
 professionals, except that--
 (i) in the case of a request by the 
 Department of Veterans Affairs, the alien shall 
 not be required to practice medicine in a 
 geographic area designated by the Secretary;
 (ii) in the case of a request by an 
 interested State agency, the head of such State 
 agency determines that the alien is to practice 
 medicine under such agreement in a facility 
 that serves patients who reside in one or more 
 geographic areas so designated by the Secretary 
 of Health and Human Services (without regard to 
 whether such facility is located within such a 
 designated geographic area), and the grant of 
 such waiver would not cause the number of the 
 waivers granted on behalf of aliens for such 
 State for a fiscal year (within the limitation 
 in subparagraph (B)) in accordance with the 
 conditions of this clause to exceed 10; and
 (iii) in the case of a request by an 
 interested Federal agency or by an interested 
 State agency for a waiver for an alien who 
 agrees to practice specialty medicine in a 
 facility located in a geographic area so 
 designated by the Secretary of Health and Human 
 Services, the request shall demonstrate, based 
 on criteria established by such agency, that 
 there is a shortage of health care 
 professionals able to provide services in the 
 appropriate medical specialty to the patients 
 who will be served by the alien.
 (2)(A) Notwithstanding section 248(a)(2), the 
 Attorney General may change the status of an alien who 
 qualifies under this subsection and section 212(e) to 
 that of an alien described in section 
 101(a)(15)(H)(i)(b). The numerical limitations 
 contained in subsection (g)(1)(A) shall not apply to 
 any alien whose status is changed under the preceding 
 sentence, if the alien obtained a waiver of the 2-year 
 foreign residence requirement upon a request by an 
 interested Federal agency or an interested State 
 agency.
 (B) No person who has obtained a change of status 
 under subparagraph (A) and who has failed to fulfill 
 the terms of the contract with the health facility or 
 health care organization named in the waiver 
 application shall be eligible to apply for an immigrant 
 visa, for permanent residence, or for any other change 
 of nonimmigrant status, until it is established that 
 such person has resided and been physically present in 
 the country of his nationality or his last residence 
 for an aggregate of at least 2 years following 
 departure from the United States.
 (3) Notwithstanding any other provision of this 
 subsection, the 2-year foreign residence requirement 
 under section 212(e) shall apply with respect to an 
 alien described in clause (iii) of such section, who 
 has not otherwise been accorded status under section 
 101(a)(27)(H), if--
 (A) at any time the alien ceases to comply 
 with any agreement entered into under 
 subparagraph (C) or (D) of paragraph (1); or
 (B) the alien's employment ceases to benefit 
 the public interest at any time during the 3-
 year period described in paragraph (1)(C).
 (m)(1) An alien may not be accorded status as a nonimmigrant 
under clause (i) or (iii) of section 101(a)(15)(F) in order to 
pursue a course of study--
 (A) at a public elementary school or in a publicly 
 funded adult education program; or
 (B) at a public secondary school unless--
 (i) the aggregate period of such status at 
 such a school does not exceed 12 months with 
 respect to any alien, and (ii) the alien 
 demonstrates that the alien has reimbursed the 
 local educational agency that administers the 
 school for the full, unsubsidized per capita 
 cost of providing education at such school for 
 the period of the alien's attendance.
 (2) An alien who obtains the status of a nonimmigrant under 
clause (i) or (iii) of section 101(a)(15)(F) in order to pursue 
a course of study at a private elementary or secondary school 
or in a language training program that is not publicly funded 
shall be considered to have violated such status, and the 
alien's visa under section 101(a)(15)(F) shall be void, if the 
alien terminates or abandons such course of study at such a 
school and undertakes a course of study at a public elementary 
school, in a publicly funded adult education program, in a 
publicly funded adult education language training program, or 
at a public secondary school (unless the requirements of 
paragraph (1)(B) are met).
 (n)(1) A nonimmigrant alien described in paragraph (2) who 
was previously issued a visa or otherwise provided nonimmigrant 
status under section 101(a)(15)(H)(i)(b) is authorized to 
accept new employment upon the filing by the prospective 
employer of a new petition on behalf of such nonimmigrant as 
provided under subsection (a). Employment authorization shall 
continue for such alien until the new petition is adjudicated. 
If the new petition is denied, such authorization shall cease.
 (2) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
 (A) who has been lawfully admitted into the United 
 States;
 (B) on whose behalf an employer has filed a 
 nonfrivolous petition for new employment before the 
 date of expiration of the period of stay authorized by 
 the Attorney General; and
 (C) who, subsequent to such lawful admission, has not 
 been employed without authorization in the United 
 States before the filing of such petition.
 (o)(1) No alien shall be eligible for admission to the United 
States under section 101(a)(15)(T) if there is substantial 
reason to believe that the alien has committed an act of a 
severe form of trafficking in persons (as defined in section 
103 of the Trafficking Victims Protection Act of 2000).
 (2) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year 
under section 101(a)(15)(T) may not exceed 5,000.
 (3) The numerical limitation of paragraph (2) shall only 
apply to principal aliens and not to the spouses, sons, 
daughters, siblings, or parents of such aliens.
 (4) An unmarried alien who seeks to accompany, or follow to 
join, a parent granted status under section 101(a)(15)(T)(i), 
and who was under 21 years of age on the date on which such 
parent applied for such status, shall continue to be classified 
as a child for purposes of section 101(a)(15)(T)(ii), if the 
alien attains 21 years of age after such parent's application 
was filed but while it was pending.
 (5) An alien described in clause (i) of section 101(a)(15)(T) 
shall continue to be treated as an alien described in clause 
(ii)(I) of such section if the alien attains 21 years of age 
after the alien's application for status under such clause (i) 
is filed but while it is pending.
 (6) In making a determination under section 
101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements 
from State and local law enforcement officials that the alien 
has complied with any reasonable request for assistance in the 
investigation or prosecution of crimes such as kidnapping, 
rape, slavery, or other forced labor offenses, where severe 
forms of trafficking in persons (as defined in section 103 of 
the Trafficking Victims Protection Act of 2000) appear to have 
been involved, shall be considered.
 (7)(A) Except as provided in subparagraph (B), an alien who 
is issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(T) may be granted such status for a 
period of not more than 4 years.
 (B) An alien who is issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(T) may extend the 
period of such status beyond the period described in 
subparagraph (A) if--
 (i) a Federal, State, or local law enforcement 
 official, prosecutor, judge, or other authority 
 investigating or prosecuting activity relating to human 
 trafficking or certifies that the presence of the alien 
 in the United States is necessary to assist in the 
 investigation or prosecution of such activity;
 (ii) the alien is eligible for relief under section 
 245(l) and is unable to obtain such relief because 
 regulations have not been issued to implement such 
 section; or
 (iii) the Secretary of Homeland Security determines 
 that an extension of the period of such nonimmigrant 
 status is warranted due to exceptional circumstances.
 (C) Nonimmigrant status under section 101(a)(15)(T) shall be 
extended during the pendency of an application for adjustment 
of status under section 245(l).
 (p) Requirements Applicable to Section 101(a)(15)(U) Visas.--
 (1) Petitioning procedures for section 101(a)(15)(u) 
 visas.--The petition filed by an alien under section 
 101(a)(15)(U)(i) shall contain a certification from a 
 Federal, State, or local law enforcement official, 
 prosecutor, judge, or other Federal, State, or local 
 authority investigating criminal activity described in 
 section 101(a)(15)(U)(iii). This certification may also 
 be provided by an official of the Service whose ability 
 to provide such certification is not limited to 
 information concerning immigration violations. This 
 certification shall state that the alien ``has been 
 helpful, is being helpful, or is likely to be helpful'' 
 in the investigation or prosecution of criminal 
 activity described in section 101(a)(15)(U)(iii).
 (2) Numerical limitations.--
 (A) The number of aliens who may be issued 
 visas or otherwise provided status as 
 nonimmigrants under section 101(a)(15)(U) in 
 any fiscal year shall not exceed 10,000.
 (B) The numerical limitations in subparagraph 
 (A) shall only apply to principal aliens 
 described in section 101(a)(15)(U)(i), and not 
 to spouses, children, or, in the case of alien 
 children, the alien parents of such children.
 (3) Duties of the attorney general with respect to 
 ``u'' visa nonimmigrants.--With respect to nonimmigrant 
 aliens described in subsection (a)(15)(U)--
 (A) the Attorney General and other government 
 officials, where appropriate, shall provide 
 those aliens with referrals to nongovernmental 
 organizations to advise the aliens regarding 
 their options while in the United States and 
 the resources available to them; and
 (B) the Attorney General shall, during the 
 period those aliens are in lawful temporary 
 resident status under that subsection, provide 
 the aliens with employment authorization.
 (4) Credible evidence considered.--In acting on any 
 petition filed under this subsection, the consular 
 officer or the Attorney General, as appropriate, shall 
 consider any credible evidence relevant to the 
 petition.
 (5) Nonexclusive relief.--Nothing in this subsection 
 limits the ability of aliens who qualify for status 
 under section 101(a)(15)(U) to seek any other 
 immigration benefit or status for which the alien may 
 be eligible.
 (6) Duration of status.--The authorized period of 
 status of an alien as a nonimmigrant under section 
 101(a)(15)(U) shall be for a period of not more than 4 
 years, but shall be extended upon certification from a 
 Federal, State, or local law enforcement official, 
 prosecutor, judge, or other Federal, State, or local 
 authority investigating or prosecuting criminal 
 activity described in section 101(a)(15)(U)(iii) that 
 the alien's presence in the United States is required 
 to assist in the investigation or prosecution of such 
 criminal activity. The Secretary of Homeland Security 
 may extend, beyond the 4-year period authorized under 
 this section, the authorized period of status of an 
 alien as a nonimmigrant under section 101(a)(15)(U) if 
 the Secretary determines that an extension of such 
 period is warranted due to exceptional circumstances. 
 Such alien's nonimmigrant status shall be extended 
 beyond the 4-year period authorized under this section 
 if the alien is eligible for relief under section 
 245(m) and is unable to obtain such relief because 
 regulations have not been issued to implement such 
 section and shall be extended during the pendency of an 
 application for adjustment of status under section 
 245(m). The Secretary may grant work authorization to 
 any alien who has a pending, bona fide application for 
 nonimmigrant status under section 101(a)(15)(U).
 (7) Age determinations.--
 (A) Children.--An unmarried alien who seeks 
 to accompany, or follow to join, a parent 
 granted status under section 101(a)(15)(U)(i), 
 and who was under 21 years of age on the date 
 on which such parent petitioned for such 
 status, shall continue to be classified as a 
 child for purposes of section 
 101(a)(15)(U)(ii), if the alien attains 21 
 years of age after such parent's petition was 
 filed but while it was pending.
 (B) Principal aliens.--An alien described in 
 clause (i) of section 101(a)(15)(U) shall 
 continue to be treated as an alien described in 
 clause (ii)(I) of such section if the alien 
 attains 21 years of age after the alien's 
 application for status under such clause (i) is 
 filed but while it is pending.
 (q)(1) In the case of a nonimmigrant described in section 
101(a)(15)(V)--
 (A) the Attorney General shall authorize the alien to 
 engage in employment in the United States during the 
 period of authorized admission and shall provide the 
 alien with an ``employment authorized'' endorsement or 
 other appropriate document signifying authorization of 
 employment; and
 (B) the period of authorized admission as such a 
 nonimmigrant shall terminate 30 days after the date on 
 which any of the following is denied:
 (i) The petition filed under section 204 to 
 accord the alien a status under section 
 203(a)(2)(A) (or, in the case of a child 
 granted nonimmigrant status based on 
 eligibility to receive a visa under section 
 203(d), the petition filed to accord the 
 child's parent a status under section 
 203(a)(2)(A)).
 (ii) The alien's application for an immigrant 
 visa pursuant to the approval of such petition.
 (iii) The alien's application for adjustment 
 of status under section 245 pursuant to the 
 approval of such petition.
 (2) In determining whether an alien is eligible to be 
admitted to the United States as a nonimmigrant under section 
101(a)(15)(V), the grounds for inadmissibility specified in 
section 212(a)(9)(B) shall not apply.
 (3) The status of an alien physically present in the United 
States may be adjusted by the Attorney General, in the 
discretion of the Attorney General and under such regulations 
as the Attorney General may prescribe, to that of a 
nonimmigrant under section 101(a)(15)(V), if the alien--
 (A) applies for such adjustment;
 (B) satisfies the requirements of such section; and
 (C) is eligible to be admitted to the United States, 
 except in determining such admissibility, the grounds 
 for inadmissibility specified in paragraphs (6)(A), 
 (7), and (9)(B) of section 212(a) shall not apply.
 (r)(1) A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(ii) until the consular officer has 
received a petition filed in the United States by the spouse of 
the applying alien and approved by the Attorney General. The 
petition shall be in such form and contain such information as 
the Attorney General shall, by regulation, prescribe. Such 
information shall include information on any criminal 
convictions of the petitioner for any specified crime described 
in paragraph (5)(B) and information on any permanent protection 
or restraining order issued against the petitioner related to 
any specified crime described in subsection (5)(B)(i).
 (2) In the case of an alien seeking admission under section 
101(a)(15)(K)(ii) who concluded a marriage with a citizen of 
the United States outside the United States, the alien shall be 
considered inadmissible under section 212(a)(7)(B) if the alien 
is not at the time of application for admission in possession 
of a valid nonimmigrant visa issued by a consular officer in 
the foreign state in which the marriage was concluded.
 (3) In the case of a nonimmigrant described in section 
101(a)(15)(K)(ii), and any child of such a nonimmigrant who was 
admitted as accompanying, or following to join, such a 
nonimmigrant, the period of authorized admission shall 
terminate 30 days after the date on which any of the following 
is denied:
 (A) The petition filed under section 204 to accord 
 the principal alien status under section 
 201(b)(2)(A)(i).
 (B) The principal alien's application for an 
 immigrant visa pursuant to the approval of such 
 petition.
 (C) The principal alien's application for adjustment 
 of status under section 245 pursuant to the approval of 
 such petition.
 (4)(A) The Secretary of Homeland Security shall create a 
database for the purpose of tracking multiple visa petitions 
filed for fiance(e)s and spouses under clauses (i) and (ii) of 
section 101(a)(15)(K). Upon approval of a second visa petition 
under section 101(a)(15)(K) for a fiance(e) or spouse filed by 
the same United States citizen petitioner, the petitioner shall 
be notified by the Secretary that information concerning the 
petitioner has been entered into the multiple visa petition 
tracking database. All subsequent fiance(e) or spouse 
nonimmigrant visa petitions filed by that petitioner under such 
section shall be entered in the database.
 (B)(i) Once a petitioner has had two fiance(e) or spousal 
petitions approved under clause (i) or (ii) of section 
101(a)(15)(K), if a subsequent petition is filed under such 
section less than 10 years after the date the first visa 
petition was filed under such section, the Secretary of 
Homeland Security shall notify both the petitioner and 
beneficiary of any such subsequent petition about the number of 
previously approved fiance(e) or spousal petitions listed in 
the database.
 (ii) To notify the beneficiary as required by clause (i), the 
Secretary of Homeland Security shall provide such notice to the 
Secretary of State for inclusion in the mailing to the 
beneficiary described in section 833(a)(5)(A)(i) of the 
International Marriage Broker Regulation Act of 2005 (8 U.S.C. 
1375a(a)(5)(A)(i)).
 (5) In this subsection:
 (A) The terms ``domestic violence'', ``sexual 
 assault'', ``child abuse and neglect'', ``dating 
 violence'', ``elder abuse'', and ``stalking'' have the 
 meaning given such terms in section 3 of the Violence 
 Against Women and Department of Justice Reauthorization 
 Act of 2005.
 (B) The term ``specified crime'' means the following:
 (i) Domestic violence, sexual assault, child 
 abuse and neglect, dating violence, elder 
 abuse, stalking, or an attempt to commit any 
 such crime.
 (ii) Homicide, murder, manslaughter, rape, 
 abusive sexual contact, sexual exploitation, 
 incest, torture, trafficking, peonage, holding 
 hostage, involuntary servitude, slave trade, 
 kidnapping, abduction, unlawful criminal 
 restraint, false imprisonment, or an attempt to 
 commit any of the crimes described in this 
 clause.
 (iii) At least three convictions for crimes 
 relating to a controlled substance or alcohol 
 not arising from a single act.

 * * * * * * *

 Changes in the Application of Existing Law

 Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of 
the House of Representatives, the following statements are 
submitted describing the effect of provisions proposed in the 
accompanying bill which may be considered, under certain 
circumstances, to change the application of existing law, 
either directly or indirectly.
 In some instances, the bill provides funding for agencies 
and activities for which legislation has not yet been 
finalized. In addition, the bill in some instances carries 
language permitting the use of funds for activities not 
authorized by law. Additionally, the Committee includes a 
number of administrative and general provisions.

TITLE I--DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, 
 AND OVERSIGHT

 Office of the Secretary and Executive Management

 OPERATIONS AND SUPPORT

 The Committee includes language providing funds for the 
operations and support of the Office of the Secretary and for 
the executive management offices, including funds for official 
reception and representation expenses. The Committee provides 
two-year availability of funds for certain activities.

 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three-year availability of funds for these purposes.

 Management Directorate

 OPERATIONS AND SUPPORT

 The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses.

 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three-year and five-year availability of funds for 
these purposes.

 FEDERAL PROTECTIVE SERVICE

 The Committee includes language making funds available 
until expended for the operations of the Federal Protective 
Service.

 Intelligence, Analysis, and Situational Awareness

 OPERATIONS AND SUPPORT

 The Committee includes language providing funds for the 
Office of Intelligence and Analysis and the Office of 
Situational Awareness, including funding for facility needs 
associated with secure space at fusion centers and for official 
reception and representation expenses. The Committee provides 
two-year availability of funds for certain activities.

 Office of Inspector General

 OPERATIONS AND SUPPORT

 The Committee includes language providing funds for the 
Office of Inspector General, including certain confidential 
operational expenses such as the payment of informants.

 Administrative Provisions

 Language requiring a report on grants or contracts awarded 
by means other than full and open competition and requiring the 
Inspector General to review such grants or contracts and report 
the results to the Committees.
 Language requiring the Chief Financial Officer to submit 
monthly budget and staffing reports.
 Language requiring the Secretary to notify the Committees 
of any proposed transfers from the Department of the Treasury 
Forfeiture Fund to any DHS component.
 Language related to official costs of the Secretary and 
Deputy Secretary for official travel.
 Language requiring the Under Secretary for Management to 
report on certain acquisition programs.
 Language regarding pilot and demonstration programs.
 Language prohibiting certain collection of intelligence on 
U.S. persons.

 TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

 U.S. Customs and Border Protection

 OPERATIONS AND SUPPORT

 The Committee includes language making funds available for 
operations and support, including funds for the transportation 
of unaccompanied alien minors; air and marine assistance to 
other law enforcement agencies and humanitarian efforts; 
purchase or lease of vehicles; the purchase, maintenance, and 
procurement of marine vessels, aircraft, and unmanned aircraft 
systems; contracting with individuals for personal services 
abroad; Harbor Maintenance Fee collections; customs officers; 
official reception and representation expenses; Customs User 
Fee collections; payment of rental space in connection with 
preclearance operations; compensation of informants; and the 
repair of roads on Native American reservations. The Committee 
provides two-year availability of funds for certain activities.

 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 The Committee includes language providing funds for 
procurement, construction, and improvements, including 
procurement of marine vessels, aircraft, and unmanned aerial 
systems. The Committee provides three-year availability of 
funds for these activities.

 U.S. Immigration and Customs Enforcement

 OPERATIONS AND SUPPORT

 The Committee includes language providing funds for 
operations and support, including funds for overseas vetted 
units; the purchase or lease of vehicles; maintenance, minor 
construction, and minor improvements of owned and leased 
facilities; the enforcement of child labor laws; paid 
apprenticeships for the Human Exploitation Rescue Operations 
Corps; the investigation of intellectual property rights 
violations; official reception and representation expenses 
special operations; compensation to informants; and the 
reimbursement of other Federal agencies for certain costs. The 
Committee specifies a funding level for enforcement and removal 
operations, including transportation of unaccompanied minor 
aliens; the delegation of 287(g) agreements; and detention 
beds. The Committee provides two-year availability and no-year 
availability of funds for certain activities.

 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 The Committee includes language providing funds for 
procurement, construction, renovation, and improvements to 
include funds for facilities repair and maintenance projects. 
The Committee provides three-year and five-year availability of 
funds for these activities.

 Transportation Security Administration

 OPERATIONS AND SUPPORT

 The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses, and establishes conditions under 
which security fees are collected and credited. The Committee 
provides for two-year availability of funds for certain 
activities.

 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three-year availability of funds for these activities.

 RESEARCH AND DEVELOPMENT

 The Committee includes language providing funds for 
research and development. The Committee provides two-year 
availability of funds for these activities.

 Coast Guard

 OPERATIONS AND SUPPORT

 The Committee includes language providing funds for the 
operations and support including for the purchase or lease of 
passenger motor vehicles; small boats; repairs and service 
life-replacements; purchase, lease, or improvement of boats 
necessary for overseas deployments and activities; special pay 
allowances; recreation and welfare; environmental compliance 
and restoration; defense-related activities and official 
reception and representation expenses. The Committee includes 
language authorizing funds to be derived from the Oil Spill 
Liability Trust Fund. The Committee provides two-year, three-
year, and five-year availability of funds for certain 
activities.

 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 The Committee includes language providing funds for the 
procurement, construction, and improvements, including aids to 
navigation, shore facilities, vessels, and aircraft. The 
Committee includes language authorizing funds to be derived 
from the Oil Spill Liability Trust Fund. The Committee provides 
five-year availability of funds for these purposes.

 RESEARCH AND DEVELOPMENT

 The Committee includes language providing funds for 
research and development, and for maintenance, rehabilitation, 
lease, and operation of related facilities and equipment. The 
Committee includes language authorizing funds to be derived 
from the Oil Spill Liability Trust Fund, and authorizing funds 
received from state and local governments, other public 
authorities, private sources, and foreign countries to be 
credited to this account and used for certain purposes. The 
Committee provides three-year availability of funds for these 
purposes.

 RETIRED PAY

 The Committee includes language providing funds for retired 
pay and medical care for the retired personnel and their 
dependents and makes these funds available until expended.

 United States Secret Service

 OPERATIONS AND SUPPORT

 The Committee includes language that provides funds for 
operations and support, to include funds for the purchase and 
replacement of vehicles; hire of passenger motor vehicles and 
aircraft; purchase of motorcycles; rental of certain buildings; 
improvements to buildings as may be necessary for protective 
missions; firearms matches; presentation of awards; behavioral 
research; advance payment for commercial accommodations; per 
diem and subsistence allowances; official reception and 
representation expenses; grant activities related to missing 
and exploited children investigations; premium pay; and 
technical assistance and equipment provided to foreign law 
enforcement organizations. The Committee provides for two-year 
availability of funds for certain activities.

 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three-year and five-year availability of funds for 
these purposes.

 RESEARCH AND DEVELOPMENT

 The Committee includes language providing funds for 
research and development. The Committee provides two-year 
availability of funds for these purposes.

 Administrative Provisions

 Language regarding overtime compensation.
 Language allowing CBP to sustain or increase operations in 
Puerto Rico and the U.S. Virgin Islands with appropriated 
funds.
 Language regarding the availability of fee revenue 
collected from certain arriving passengers.
 Language allowing CBP access to certain reimbursements for 
preclearance activities.
 Language regarding the importation of prescription drugs by 
an individual for personal use.
 Language regarding waivers of the Jones Act.
 Language prohibiting DHS from establishing a border 
crossing fee.
 Language prohibiting the obligation of funds prior to the 
submission of an expenditure plan for funds made available for 
``U.S. Customs and Border Protection--Procurement, 
Construction, and Improvements''.
 Language prohibiting the construction of border security 
barriers in specified areas.
 Language regarding vetting operations at existing 
locations.
 Language regarding the use of funds provided under the 
heading ``U.S. Customs and Border Protection--Procurement, 
Construction, and Improvements''.
 Language prohibiting the admission of international 
students with certain visas if certain institutions are not 
accredited.
 Language regarding parole of Chinese nationals into the 
Commonwealth of the Northern Marianas.
 Language regarding certain drones from foreign adversary 
countries.
 Language prohibiting the use of funds to reduce 
participation in the 287(g) program.
 Language prohibiting the use of funds for the 287(g) 
program if the terms of the agreement governing the delegation 
of authority have been materially violated.
 Language prohibiting the use of funds to contract for 
detention services if the facility receives less than 
``adequate'' ratings in two consecutive performance 
evaluations.
 Language regarding the reprogramming of funds related to 
the detention of aliens.
 Language requiring ICE to provide statistics about its 
detention population.
 Language regarding previous reporting requirements.
 Language prohibiting the transportation of aliens into the 
interior of the United States for purposes other than 
enforcement.
 Language prohibiting the provision of abortion services, 
with limited exceptions, for ICE detainees.
 Language prohibiting the provision of gender-affirming care 
for ICE detainees.
 Language requiring the Secretary to make certain 
prioritizations and ensure every alien enrolled in an 
Alternatives to Detention program is equipped with mandatory 
GPS monitoring.
 Language regarding ICE obligation plans.
 Language regarding physical identification cards for 
aliens.
 Language establishing the minimum rate of allowance paid to 
certain ICE detainees.
 Language regarding inspection parameters of certain ICE 
detention facilities.
 Language regarding ICE's international presence.
 Language clarifying that certain elected and appointed 
officials are not exempt from Federal passenger and baggage 
screening.
 Language authorizing TSA to use funds from the Aviation 
Security Capital Fund for the procurement and installation of 
explosives detection systems or for other purposes authorized 
by law.
 Language requiring a report from TSA on the agency's 
investment plans.
 Language amending Section 515 of Public Law 108-334.
 Language prohibiting funds made available under the heading 
``Coast Guard--Operations and Support'' for recreational vessel 
inspection expenses, except to the extent fees are collected 
from owners of yachts and credited to this appropriation.
 Language requiring the Coast Guard to submit a future-years 
capital investment plan.
 Language allowing for the use of the Coast Guard Housing 
Fund.
 Language prohibiting funds made available to the Coast 
Guard from being used to enforce National Oceanic and 
Atmospheric Administration restrictions on vessel speed for the 
North Atlantic right whale and Rice's whale.
 Language allowing the Secret Service to obligate funds in 
anticipation of reimbursement for personnel receiving training.
 Language prohibiting funds made available to the Secret 
Service for the protection of the head of a federal agency 
other than the Secretary of Homeland Security, except when the 
Director has entered into a reimbursable agreement for such 
protection services.
 Language permitting up to $15,000,000 to be reprogrammed 
within ``United States Secret Service--Operations and 
Support''.
 Language allowing funds made available for ``United States 
Secret Service--Operations and Support'' to be available for 
travel of employees on protective missions without regard to 
limitations on such expenditures.
 Language regarding the treatment of certain individuals in 
CBP custody.
 Language prohibiting funds from detaining or deporting U.S. 
citizens.

 TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

 Cybersecurity and Infrastructure Security Agency

 OPERATIONS AND SUPPORT

 The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses. The Committee provides for two-
year availability of funds for certain activities.

 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three-year availability of funds for these purposes.

 Federal Emergency Management Agency

 OPERATIONS AND SUPPORT

 The Committee includes language providing funds for 
operations and support, including funds for official reception 
and representation expenses.

 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides three- and five-year availability of funds for these 
purposes.

 FEDERAL ASSISTANCE

 The Committee includes language providing funds for grants, 
contracts, cooperative agreements, and other activities, 
including for terrorism prevention; nonprofit organizations; 
public transportation security, including buses and railroads; 
port security; firefighter assistance; emergency management; 
flood hazard mapping and risk analysis; catastrophic 
preparedness, emergency food and shelter; warning systems; 
community project grants; education, training, exercises, and 
technical assistance; and other programs. The Committee 
provides two-year availability of funds for certain purposes.

 DISASTER RELIEF FUND

 The Committee includes language making funds available 
until expended for the Disaster Relief Fund.

 NATIONAL FLOOD INSURANCE FUND

 The Committee includes language making funds available for 
mission support associated with flood management and programs 
and activities under the National Flood Insurance Fund, 
including flood plain management and flood mapping. The 
Committee includes provisions making funds available for 
interest on Treasury borrowings and limiting amounts available 
for operating expenses, commissions and taxes of agents, and 
flood mitigation activities associated with the National Flood 
Insurance Act of 1968. The Committee includes language 
permitting additional fees collected to be credited as an 
offsetting collection and available for floodplain management; 
providing that not to exceed four percent of the total 
appropriation is available for administrative costs; and making 
funds available for the Flood Insurance Advocate.

 Administrative Provisions

 Language regarding CISA cybersecurity threat feeds.
 Language related to the administration of FEMA grants.
 Language specifying timeframes for certain FEMA grant 
applications and awards.
 Language requiring a five-day advance notification prior to 
the announcement of certain grant awards under ``Federal 
Emergency Management Agency--Federal Assistance''.
 Language addressing the use of certain grant funds for the 
installation of communications towers.
 Language requiring the submission of a monthly Disaster 
Relief Fund report.
 Language permitting the FEMA Administrator to grant waivers 
from specified requirements of section 34 of the Federal Fire 
Prevention and Control Act of 1974.
 Language providing for the receipt and expenditure of fees 
collected for the Radiological Emergency Preparedness Program.
 Language permitting the FEMA Administrator to grant waivers 
from specified requirements of section 33 of the Federal Fire 
Prevention and Control Act of 1974.
 Language related to the FEMA Pre-Disaster Mitigation Fund.
 Language related to the FEMA Flood Hazard Mapping and Risk 
Analysis Program.
 Language amending BRIC Program requirements.

 TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

 U.S. Citizenship and Immigration Services

 OPERATIONS AND SUPPORT

 The Committee includes language making funds available for 
operations and support for the E-Verify program.

 Federal Law Enforcement Training Centers

 OPERATIONS AND SUPPORT

 The Committee includes language making funds available for 
operations and support, including for official reception and 
representation expenses and purchase of police-type vehicles. 
The Committee provides two-year availability of funds for 
certain activities.

 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 The Committee includes language providing funds for 
procurement, construction, and improvements to include 
acquisition of necessary additional real property and 
facilities, construction and ongoing maintenance, facility 
improvements and related expenses. The Committee provides five-
year availability of funds for these activities.

 Science and Technology Directorate

 OPERATIONS AND SUPPORT

 The Committee includes language providing funds for 
operations and support, including the purchase or lease of 
vehicles and official reception and representation expenses. 
The Committee provides two-year availability of funds for 
certain activities.

 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

 The Committee includes language providing funds for 
procurement, construction, and improvements. The Committee 
provides five-year availability of funds for these activities.

 RESEARCH AND DEVELOPMENT

 The Committee includes language providing funds for 
research and development. The Committee provides three-year 
availability of funds for these activities.

 Administrative Provisions

 Language allowing USCIS to acquire, operate, equip, and 
dispose of up to five vehicles under certain scenarios.
 Language limiting the use of A-76 competitions by USCIS.
 Language prohibiting the use of funds to provide employment 
authorization documents for certain aliens.
 Language related to USCIS official reception and 
representation expenses.
 Language related to H-1B petitioners from entities 
identified under section 1260H of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 
2021.
 Language authorizing FLETC to distribute funds for incurred 
training expenses.
 Language directing the FLETC Accreditation Board to lead 
the Federal law enforcement training accreditation process for 
measuring and assessing Federal law enforcement training 
programs, facilities, and instructors.
 Language allowing FLETC to accept transfers from other 
government agencies for the construction of special use 
facilities.
 Language classifying FLETC instructor staff as inherently 
governmental for certain purposes.
 Language prohibiting the use of funds by USCIS to collect 
an Asylum Program Fee.
 Language regarding credible fear standards for asylum 
claims.
 Language related to eligibility for certain asylum claims.
 Language regarding H-2B visas.
 Language regarding H-2A visas.
 Language prohibiting the use of funds for implementation of 
a Final Rule related to the H-2 program.
 Language regarding certain visas.

 TITLE V--GENERAL PROVISIONS

 Language limiting the availability of appropriations to one 
year unless otherwise expressly provided.
 Language providing authority to merge unexpended balances 
of prior year appropriations with new appropriations accounts 
for the same purpose.
 Language limiting reprogramming authority and providing 
limited transfer authority.
 Language prohibiting funds appropriated or otherwise made 
available to the Department to make payment to the working 
capital fund, except for activities and amounts proposed in the 
President's budget request.
 Language providing authority regarding the availability and 
uses of prior year balances for Operations and Support 
accounts.
 Language deeming intelligence activities to be specifically 
authorized during the fiscal year until the enactment of an act 
authorizing intelligence activities for that year.
 Language requiring notification to the Committees at least 
three days before DHS announces or executes grant allocations, 
grant awards, contract awards (including contracts covered by 
the Federal Acquisition Regulation), other transaction 
agreements, letters of intent, or a task or delivery order on 
multiple award contracts, or sole-source grant awards.
 Language prohibiting all agencies from purchasing, 
constructing, or leasing additional facilities for Federal law 
enforcement training without advance notification to the 
Committees.
 Language prohibiting the use of funds for any construction, 
repair, alteration, or acquisition project for which a 
prospectus, if required under chapter 33 of title 40, United 
States Code, has not been approved.
 Language related to sensitive security information and the 
use of funds in conformance with section 303 of the Energy 
Policy Act of 1992.
 Language prohibiting the use of funds in contravention of 
the Buy American Act.
 Language prohibiting the use of funds to amend the oath of 
allegiance required by section 337 of the Immigration and 
Nationality Act.
 Language regarding reorganization authority.
 Language prohibiting the use of funds for planning, 
testing, piloting, or developing a national identification 
card.
 Language directing that any official required by this Act 
to report or certify to the Committees may not delegate such 
authority unless expressly authorized to do so.
 Language prohibiting the use of funds from being used for 
first-class travel.
 Language prohibiting the use of funds to employ workers 
described in section 274A(h)(3) of the Immigration and 
Nationality Act.
 Language prohibiting the use of funds to pay award or 
incentive fees for contractors with a below satisfactory 
performance or a performance that fails to meet the basic 
requirements of the contract.
 Language requiring that DHS computer systems block 
electronic access to pornography, except for law enforcement 
purposes.
 Language regarding the transfer of firearms by Federal law 
enforcement personnel.
 Language regarding funding restrictions and reporting 
requirements related to conferences occurring outside of the 
United States.
 Language prohibiting funds to reimburse any federal 
department or agency for its participation in a National 
Special Security Event.
 Language requiring a notification, including justification 
materials, prior to implementing any structural pay reform or 
introducing any new position classification that affects more 
than 100 full-time positions or costs more than $5,000,000.
 Language directing the Department to post reports required 
by the Committees on a public website unless public posting 
compromises homeland or national security or contains 
proprietary information.
 Language authorizing minor procurement, construction, and 
improvement activities using Operations and Support 
appropriations, as specified.
 Language authorizing DHS to use discretionary 
appropriations for the primary and secondary schooling of 
eligible dependents of DHS personnel stationed in areas of U.S. 
territories that meet certain criteria.
 Language prohibiting the use of funds to limit access to 
detention facilities by members of Congress or their designated 
staff.
 Language prohibiting the use of funds to use restraints on 
pregnant detainees in DHS custody except in certain 
circumstances.
 Language prohibiting the use of funds for the destruction 
of records related to detainees in custody.
 Language continuing by reference a prohibition on the use 
of funds for a Principal Federal Official during a declared 
disaster or emergency under the Stafford Act, with certain 
exceptions.
 Language requiring the Under Secretary for Management to 
submit a component-level report on unfunded priorities for 
which appropriated funds would be classified as budget function 
050.
 Language requiring notifications when the President 
designates a former or retired Federal official or employee for 
protection and requiring reporting on the costs of such 
protection.
 Language requiring notifications and reporting on DHS 
submissions of proposals to the Technology Modernization Fund.
 Language relating to DHS budget submission requirements 
regarding user fees and offsets.
 Language relating to the Arms Trade Treaty.
 Language prohibiting the use of funds related to certain 
entities identified under section 1260H of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 
2021.
 Language prohibiting the use of funds for the transfer or 
release of individuals detained at United States Naval Station, 
Guantanamo Bay, Cuba, into or within the United States.
 Language requiring the Secretary of Homeland Security on a 
bimonthly basis to provide estimates of the number of aliens 
anticipated to arrive at the southern border of the United 
States.
 Language regarding requests for assistance from the 
Department of Defense.
 Language regarding the employee emergency back-up care 
program.
 Language regarding transfer authority for certain 
activities.
 Language prohibiting the use of funds for a Disinformation 
Governance Board.
 Language prohibiting the use of funds to classify the 
speech of a U.S. citizen as mis-, dis-, or mal-information, or 
work with organizations to do the same.
 Language prohibiting the use of funds to discriminate 
against a person based on sincerely-held religious beliefs 
regarding marriage.
 Language prohibiting the obligation or award of funds to 
certain jurisdictions.
 Language prohibiting funds to be used to implement 
Diversity, Equity, and Inclusion, or to promote critical race 
theory.
 Language prohibiting the use of funds for the purchase of 
computers, printers or teleconferencing equipment from 
companies based in the People's Republic of China.
 Language related to Presidential Residence Protection 
grants.
 Language prohibiting the use of funds in contravention of 
certain Amendments of the Constitution.
 Language regarding the recording of federal law 
enforcement.
 Language regarding a Spending Reduction Account.

 APPROPRIATIONS NOT AUTHORIZED BY LAW

 Pursuant to clause 3(f)(1) of rule XIII of the Rules of the 
House of Representatives, the following table lists the 
appropriations in the accompanying bill that are not authorized 
by law:

 FY 2026 SCHEDULE OF UNAUTHORIZED APPROPRIATIONS
 [Gross Discretionary--Dollars in thousands]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Last Year of Appropriation in Last Appropriations in
 Agency/Program Authorization Authorized Level Year of Authorization this bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Customs and Border Protection, Operations and Support.......... \1\2004 \2\$3,083,259 \3\$4,396,750 \4\$18,088,596
Customs and Border Protection, International Cargo Screening... \5\2010 $153,300 $162,000 \6\$4,708,268
Customs and Border Protection, Customs-Trade Partnership \7\2010/2012 $75,600/$21,000 \8\$62,612/$44,979 \9\$4,508,543
 Against Terrorism (C-TPAT)....................................
Customs and Border Protection, Automated Targeting Systems..... \10\2010 $37,485 $34,560 \11\$315,112
Customs and Border Protection, Automated Commercial Environment \12\2018 $153,736 N/A \13\$498,696
Customs and Border Protection, Air and Marine Interdiction, \14\2004 $175,100 $240,200 \15\$419,289
 Operations, Maintenance, and Procurement......................
Immigration and Customs Enforcement, Operations and Support.... \16\2003/\17\2004 $4,131,811/$1,399,592 \18\$3,032,094/\19\N/A \20\$10,967,045
Transportation Security Administration, Operations and Support. \21\2021 $7,917,936 $7,793,715 \22\$7,348,064
Transportation Security Administration, EDS/ETD Systems........ \23\2011 $400,000 $110,100 \24\$258,230
Transportation Security Administration, Surface Transportation \25\2021 Such sums $169,513 $169,001
 Security, National Explosives Detection Canine Team Program...
Transportation Security Administration, Transportation Threat \26\2005 Such sums \27\$115,000 \28\$122,205
 Assessment and Credentialing..................................
Transportation Security Administration, Federal Air Marshal \29\2007 $83,000 $764,643 \30\$660,340
 Service.......................................................
Transportation Security Administration Law Enforcement Officer \31\2021 $55,000 $46,392 \32\$50,000
 Reimbursement Program.........................................
Coast Guard, Operations and Support............................ \33\2023 $10,750,000 $9,700,478 $10,802,656
Coast Guard, Procurement, Construction, and Improvements....... \33\2023 $3,477,600 $1,669,650 $1,946,790
Coast Guard, Research and Development.......................... \33\2023 $14,681 $7,476 $7,476
Countering Weapons of Mass Destruction Office.................. \34\2023 N/A $409,441 $0
Cybersecurity and Infrastructure Security Agency, Operations \35\2012 Such sums \36\$888,243 \37\$2,237,159
 and Support...................................................
FEMA, Salaries and Expenses.................................... \38\2010 $375,342 $797,650 \39\$1,474,420
FEMA, Integrated Public Alert and Warning System (IPAWS)....... \40\2018 Such sums N/A $70,697
FEMA, State and Local Programs................................. .................. ....................... ....................... .................
 Port Security Grants....................................... \41\2013 $400,000 $250,000 $100,000
 Non-Profit Security Grants................................. \42\2024 $75,000 \43\$274,500 $335,000
 Public Transportation Security Grants...................... \44\2011 $1,108,000 $250,000 $94,500
 Amtrak Security........................................ \45\2011 $175,000 $20,000 $9,000
 Over the Road Bus Security............................. \46\2011 $25,000 $5,000 $1,000
 National Domestic Preparedness Consortium.................. \47\2011 $219,000 N/A $101,000
Center for Domestic Preparedness............................... \46\2011 $66,000 N/A $71,421
FEMA, Urban Search and Rescue Response System.................. \48\2008 $45,000 $36,700 $56,000
FEMA, Emergency Management Performance Grants.................. \49\2022 $950,000 $355,000 $355,000
FEMA, Emergency Food and Shelter............................... \50\1994 $188,000 N/A $105,300
FEMA, National Flood Mapping Program........................... \51\2017 $400,000 \52\$168,363 $312,750
Immigration and Naturalization Service, Citizenship and \53\2002 $631,745 \54\$631,745 \55\$0
 Benefits, Immigration Support and Program Direction...........
Federal Law Enforcement Training Center, Salaries and Expenses. \56\1988 $50,000 \57\$40,265 \58\$364,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\P.L. 107-210, Sec. 311.
\2\P.L. 107-210 authorized what was formerly U.S. Customs Service (does not include Border Patrol).
\3\U.S. Customs Service operations only (does not include Border Patrol).
\4\Funding recommended for fiscal year 2026 is for the U.S. Customs and Border Protection, Operations and Support appropriation. This is not a true
 comparison to the legacy ``Salaries and Expenses'' appropriation.
\5\P.L. 109-347, Sec. 205(m).
\6\Funding recommended for fiscal year 2026 is for the ``Domestic Operations'' and ``International Operations'' sub-PPAs within the ``Trade and Travel
 Operations'' PPA. This is not a true comparison to the legacy ``International Cargo Screening'' PPA.
\7\P.L. 109-347, Sec. 223(a) authorized operations for fiscal year 2010 and personnel through fiscal year 2012.
\8\Funding provided for fiscal year 2010 and for fiscal year 2012 include personnel and operations.
\9\This is not a true comparison to the legacy ``Customs-Trade Partnership Against Terrorism (C-TPAT)'' PPA. These funds have been realigned to the
 ``Domestic Operations'' sub-PPA within the ``Trade and Travel Operations'' PPA.
\10\P.L. 109-347, Sec. 203(g).
\11\This is not a true comparison to the legacy ``Automated Targeting Systems'' PPA. These funds have been realigned to the ``Targeting Operations'' sub-
 PPA within the ``Trade and Travel Operations'' PPA.
\12\P.L. 114-125, Sec. 106 requires that funding shall not be less than this amount.
\13\This is not a true comparison to the legacy ``Automated Commercial Environment'' PPA; however, the preponderance of these funds were realigned into
 the ``Office of Trade'' sub-PPA within the ``Trade and Travel Operations'' PPA.
\14\P.L. 107-210, Sec. 311.
\15\These funds have been realigned to the ``Air and Marine Operations'' sub-PPA that exists within the ``Integrated Operations'' PPA.
\16\Immigration and Naturalization Service--some investigations, and detention and removals only, P.L. 107-273, Sec. 102(11).
\17\Customs Service noncommercial operations, P.L. 107-210, Sec. 311(a) (19 U.S.C. 2075(b)(1)).
\18\Includes $2,862,094,000 from fiscal year 2003 Immigration and Naturalization Service--Salaries and Expenses, P.L. 108-7, and $170,000,000 included
 in the fiscal year 2003 Wartime Supplemental Appropriations Act, P.L. 108-11.
\19\There was no fiscal year 2004 appropriation for the U.S. Customs Service.
\20\Funding recommended for fiscal year 2026 is for U. S. Immigration and Customs Enforcement, Operations and Support. This is not a true comparison to
 the legacy ``Salaries and Expenses'' appropriation.
\21\P.L. 115-254 Sec. 1903 Reauthorized TSA Activities for ``salaries, operations and maintenance'', but did not specifically authorize the current
 account structure. construction and improvements.
\22\Recommended funding is the total for TSA ``Operations and Support'' appropriation.
\23\P.L. 108-458, Sec. 4019.
\24\These funds have been realigned to the ``Aviation Screening Infrastructure'' PPA within the ``Procurement, Construction, and Improvements''
 appropriation and to the ``Research and Development'' appropriation.
\25\P.L. 115-254, Sec. 1971.
\26\P.L. 107-71, Sec. 101.
\27\Includes the Maritime and Land Security PPA and Credentialing Activities PPA.
\28\Funding recommended for fiscal year 2026 is for the ``Other Operations and Enforcement, Vetting Programs'' and ``Other Operations and Enforcement,
 Intelligence and TSOC'' sub-PPAs within the ``Operations and Support'' appropriation, and the ``Infrastructure for Other Operations, Vetting
 Programs'' sub-PPA within the Procurement, Construction, and Improvements appropriation.
\29\P.L. 108-458, Sec. 4016.
\30\Funding for the Federal Air Marshals Service is in the ``Other Operations and Enforcement, In-Flight Security'' sub-PPA. The recommended fund