Visa Transparency Anti-Trafficking Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3881 To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 23, 2019 Ms. FRANKEL (for herself, Mrs. WAGNER, Mr. DEUTCH, Mr. SCHWEIKERT, Mr. HIMES, and Mr. WEBER of Texas) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 214(c)(8) of the Immigration and Nation- ality Act to modify the data reporting requirements relat- ing to nonimmigrant employees, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Visa Transparency 4 Anti-Trafficking Act of 2019’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) BONA FIDE RESEARCH PURPOSES.—The 8 term ‘‘bona fide research purposes’’— 9 VerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3881.IH H3881 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3881 IH (A) means a systematic study or investiga- 1 tion, including research, development, testing, 2 and evaluation, designed to develop or to con- 3 tribute to fuller or generalizable knowledge or 4 understanding; and 5 (B) does not include— 6 (i) purposes that are commercial, 7 tortious, or criminal in nature; 8 (ii) purposes that are related to immi- 9 gration enforcement; or 10 (iii) nonresearch purposes that would 11 not have been practicable, but for access to 12 the information. 13 (2) EMPLOYMENT.—The term ‘‘employment’’— 14 (A) means employment in the United 15 States; 16 (B) includes cultural exchanges, training, 17 and business activities in which the non- 18 immigrant receives any form of compensation 19 (including a stipend) from any source, whether 20 paid in the United States or in the non- 21 immigrant’s country of origin, and whether or 22 not authorized by law; and 23 (C) does not include the activities of a non- 24 immigrant described in section 101(a)(15)(B) 25 VerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3881.IH H3881 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3881 IH of the Immigration and Nationality Act (8 1 U.S.C. 1101(a)(15)(B)), except— 2 (i) personal or domestic servants ac- 3 companying or following to join a non- 4 immigrant employer who seeks admission 5 into, or is already in, the United States; 6 (ii) personal or domestic servants ac- 7 companying or following to join a United 8 States citizen employer who has a perma- 9 nent home or is stationed in a foreign 10 country, and who is temporarily visiting 11 the United States; 12 (iii) nonimmigrants engaged in train- 13 ing, services, or work normally allowed 14 under other nonimmigrant visa classifica- 15 tions, including— 16 (I) services described in clause 17 (i)(b) of section 101(a)(15)(H) of the 18 Immigration and Nationality Act (8 19 U.S.C. 1101(a)(15)); and 20 (II) training described in clause 21 (iii) of such section; and 22 (iv) nonimmigrants engaged in the su- 23 pervision or training of others engaged in 24 building or construction work, but not for 25 VerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3881.IH H3881 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3881 IH the purpose of performing any such build- 1 ing or construction work themselves (as de- 2 scribed in section 214.2(b)(5) of title 8, 3 Code of Federal Regulations and section 4 41.31(b)(1) of title 22, Code of Federal 5 Regulations). 6 (3) LAW ENFORCEMENT.—The term ‘‘law en- 7 forcement’’ includes— 8 (A) Federal law enforcement officers (as 9 defined in section 115(c)(1) of title 18, United 10 States Code); 11 (B) Federal law enforcement officers and 12 local law enforcement officers (as such terms 13 are defined in paragraphs (5) and (6) of sub- 14 section (b) of the Combat Human Trafficking 15 Act of 2015 (34 U.S.C. 20709)); and 16 (C) State attorneys general (as defined in 17 section 4G(1) of the Clayton Act (15 U.S.C. 18 15g(1))). 19 (4) NONIMMIGRANT VISA CLASSIFICATION, STA- 20 TUS, OR SUBCLASSIFICATION.—The term ‘‘non- 21 immigrant visa classification, status, or subclassi- 22 fication’’ means any program, level, category, sub- 23 category, or other type of grouping that— 24 VerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3881.IH H3881 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3881 IH (A) is part of a nonimmigrant visa classi- 1 fication or status— 2 (i) described in section 101(a)(15) or 3 214(e) of the Immigration and Nationality 4 Act (8 U.S.C. 1101(a)(15) and 1184(e)); 5 or 6 (ii) otherwise established under the 7 immigration laws (as defined in section 8 101(a)(17) of the Immigration and Nation- 9 ality Act (8 U.S.C. 1101(a)(17))); and 10 (B) may be specifically created, delineated, 11 or defined in— 12 (i) any Federal statute, regulation, 13 agency guidance, directive, memo, or any 14 other source material, including the Code 15 of Federal Regulations, the Foreign Af- 16 fairs Manual, and Department of State ca- 17 bles (classified or unclassified); or 18 (ii) any official form, application, or 19 petition used by the Secretary of Home- 20 land Security, the Secretary of State, or 21 the Secretary of Labor. 22 (5) SERVICE PROVIDERS TO HUMAN TRAF- 23 FICKING VICTIMS.—The term ‘‘service providers to 24 human trafficking victims’’ means any nonprofit, 25 VerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3881.IH H3881 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3881 IH nongovernmental organization that has significant 1 knowledge and substantial experience in human traf- 2 ficking prevention and eradication, investigation and 3 identification of human trafficking, and delivering 4 wrap-around services to human trafficking victims, 5 including grant recipients under— 6 (A) section 107(b)(2)(A), 107(f), or 112A 7 of the Trafficking Victims Protection Act of 8 2000 (22 U.S.C. 7105(b)(2)(A), 7105(f), and 9 7109a); or 10 (B) section 202 or 203 of the Trafficking 11 Victims Protection Reauthorization Act of 2005 12 (34 U.S.C. 20702 and 20703). 13 (6) TEMPORARY FOREIGN NONIMMIGRANT 14 WORKER.—The term ‘‘temporary foreign non- 15 immigrant worker’’ means— 16 (A) nonimmigrants— 17 (i) who have been issued a visa under 18 section 101(a)(15) of the Immigration and 19 Nationality Act (8 U.S.C. 1101(a)(15)); 20 (ii) who have petitioned for, re- 21 quested, or otherwise applied for a visa de- 22 scribed in subparagraph (A); or 23 (iii) for whom such a visa has been 24 petitioned, requested, or applied; and 25 VerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3881.IH H3881 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3881 IH (B) any person authorized to be employed 1 in the United States under any nonimmigrant 2 visa classification, subclassification, or program 3 for nonimmigrants that authorizes employment, 4 except for persons who were issued non- 5 immigrant visas for the purpose of victim or 6 witness protection. 7 (7) THIRD PARTY INTERMEDIARY.—The term 8 ‘‘third party intermediary’’— 9 (A) means any natural person, corporation, 10 company, firm, partnership, joint stock com- 11 pany or association, or other organization or 12 entity, including municipal corporations, that 13 recruits, solicits, or engages in related activities 14 with respect to an individual who resides out- 15 side of the United States in furtherance of em- 16 ployment in the United States, including when 17 such activity occurs outside of the United 18 States; and 19 (B) includes recruiters, subrecruiters, 20 placement agencies, staffing agencies, labor 21 contractors, and sponsor organizations des- 22 ignated by the Secretary of State, including for- 23 profit and not-for-profit sponsor entities. 24 VerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3881.IH H3881 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 3881 IH (8) WORKER PROTECTION ORGANIZATIONS.— 1 The term ‘‘worker protection organizations’’ means 2 any nonprofit, nongovernmental organization that— 3 (A) promotes compliance with antidiscrimi- 4 nation, wage, occupational health and safety, 5 workers’ compensation and other labor and em- 6 ployment laws and regulations; or 7 (B) otherwise advocates for safeguarding 8 labor standards and improving workplace pro- 9 tections and working conditions. 10 SEC. 3. ANNUAL REPORT TO CONGRESS ON NON- 11 IMMIGRANT VISAS. 12 Section 214(c)(8) of the Immigration and Nationality 13 Act (8 U.S.C. 1184(c)(8)) is amended to read as follows: 14 ‘‘(8) Not later than 6 months after the end of each 15 fiscal year, the Secretary of Homeland Security shall sub- 16 mit a report to the Committee on the Judiciary of the Sen- 17 ate and the Committee on the Judiciary of the House of 18 Representatives that includes, with respect to the report- 19 ing period— 20 ‘‘(A) the number of citizens of countries with a 21 Compact of Free Association with the United States 22 who— 23 VerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3881.IH H3881 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 3881 IH ‘‘(i) are authorized by such Compact to re- 1 side indefinitely in the United States as non- 2 immigrants; and 3 ‘‘(ii) were admitted to the United States; 4 ‘‘(B) the ports of entry at which the individuals 5 described in subparagraph (A) were admitted; and 6 ‘‘(C) with respect to each nonimmigrant visa 7 classification, subclassification, or program for non- 8 immigrants that authorizes employment, as applica- 9 ble (except for visas issued for the purpose of victim 10 or witness protection), to the extent that the fol- 11 lowing data are collected by the Department of 12 Homeland Security, the Department of Labor, the 13 Department of State, or any other Federal agency to 14 which the collection of such data has been delegated 15 by any such Department, or by any successor agency 16 to any such department— 17 ‘‘(i) the number of visas that were issued; 18 ‘‘(ii) the number of persons who were ad- 19 mitted into the United States; 20 ‘‘(iii) the number of persons who were oth- 21 erwise granted legal status; 22 ‘‘(iv) the number of visas that expired, 23 were revoked, or were otherwise terminated, re- 24 spectively; 25 VerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3881.IH H3881 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 3881 IH ‘‘(v) the number of temporary foreign non- 1 immigrant workers employed in each State; 2 ‘‘(vi) the 10 employers that hired the most 3 temporary foreign nonimmigrant workers; 4 ‘‘(vii) the 10 occupations, listed by Stand- 5 ard Occupational Classification Code, in which 6 the largest number of temporary foreign non- 7 immigrant workers are employed in the United 8 States, and the average hourly and yearly sal- 9 ary paid to temporary foreign nonimmigrant 10 workers in each such occupation; 11 ‘‘(viii) the 10 most common nationalities of 12 temporary foreign nonimmigrant workers; 13 ‘‘(ix) the 10 third party intermediaries that 14 recruited or hired the most temporary foreign 15 nonimmigrant workers; 16 ‘‘(x) the percentage of temporary foreign 17 nonimmigrant workers at each major education 18 level; 19 ‘‘(xi) the percentage of temporary foreign 20 nonimmigrant workers who are younger than 21 20 years of age, between 20 and 24 years of 22 age, between 25 and 29 years of age, between 23 30 and 34 years of age, between 35 and 39 24 years of age, between 40 and 44 years of age, 25 VerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3881.IH H3881 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 3881 IH between 45 and 49 years of age, between 50 1 and 54 years of age, between 55 and 59 years 2 of age, between 60 and 64 years of age, or 3 older than 65 years of age, respectively; 4 ‘‘(xii) the percentage of temporary foreign non- 5 immigrant workers of each sex who were issued 6 visas; and 7 ‘‘(xiii) the source of the data described in 8 clauses (i) through (xii).’’. 9 SEC. 4. DATABASE. 10 (a) IN GENERAL.— 11 (1) AVAILABILITY OF INFORMATION.—At the 12 time the Secretary of Homeland Security submits 13 each annual report under section 214(c)(8) of the 14 Immigration and Nationality Act, as amended by 15 section 3, with respect to each temporary foreign 16 nonimmigrant worker, the Secretary shall make the 17 information described in subsection (b) (except for 18 information regarding visas issued for the purpose of 19 victim or witness protection) that is collected by the 20 Department of Homeland Security, the Department 21 of Labor, the Department of State, or any other 22 Federal agency to which the collection of such data 23 has been delegated by any such department, or by 24 VerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3881.IH H3881 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 3881 IH any successor agency to any such department on a 1 dedicated and searchable database. 2 (2) SOURCES; REDUNDANCIES.—The database 3 established under paragraph (1) shall indicate— 4 (A) the sources from which the information 5 described in subsection (b) is derived; and 6 (B) to the extent that any of the informa- 7 tion described in subsection (b) is available 8 from more than 1 source or Federal agency, the 9 database shall— 10 (i) reproduce the information from 11 each source or Federal agency; and 12 (ii) indicate the source from which it 13 was derived, including the Federal agency 14 and any relevant petition or application 15 form. 16 (b) REQUIRED INFORMATION.— 17 (1) BIOGRAPHICAL INFORMATION.—The infor- 18 mation made available in the database established 19 under subsection (a) shall include, for each tem- 20 porary foreign nonimmigrant worker— 21 (A) his or her age; 22 (B) his or her sex; 23 (C) his or her country of origin and local 24 region or State; 25 VerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3881.IH H3881 pamtmann on DSKBFK8HB2PROD with BILLS 13 •HR 3881 IH (D) the highest level of education attained, 1 the institution from which such education was 2 attained, and his or her primary field of study; 3 and 4 (E) the name of the university at which he 5 or she is enrolled. 6 (2) VISA INFORMATION.—The information 7 made available in the database established under 8 subsection (a) shall include, for ea [Text truncated for display. 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