Returning Worker Accountability Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 2758 To amend the Immigration and Nationality Act to make the exception for returning workers permanent, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 20, 2023 Mr. HIGGINS of Louisiana introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to make the exception for returning workers permanent, 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 ‘‘Returning Worker Ac- 4 countability Act of 2023’’. 5 SEC. 2. RETURNING WORKER EXCEPTION MADE PERMA- 6 NENT. 7 Section 214(g)(9) of the Immigration and Nationality 8 Act (8 U.S.C. 1184(g)(9)) is amended— 9 VerDate Sep 11 2014 22:10 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2758.IH H2758 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2758 IH (1) in subparagraph (A), by striking ‘‘who has 1 already been counted toward the numerical limita- 2 tion of paragraph (1)(B) during fiscal year 2019, 3 2020, or 2021 shall not again be counted toward 4 such limitation during fiscal year 2022’’ and insert- 5 ing ‘‘shall not be counted toward the numerical limi- 6 tation of paragraph (1)(B) for a fiscal year if that 7 alien has already been counted toward such limita- 8 tion during any of the 3 fiscal years immediately 9 preceding that fiscal year and shall satisfy the re- 10 quirements under subparagraph (D)’’; and 11 (2) by adding at the end the following: 12 ‘‘(D) The requirement under this subpara- 13 graph is as follows: 14 ‘‘(i) An alien shall participate in the 15 biometric entry and exit system (as such 16 term is defined in section 7208(b) of the 17 Intelligence Reform and Terrorism Preven- 18 tion Act of 2004 (8 U.S.C. 1365b(b))). 19 Any information collected by reason of par- 20 ticipation in such system shall be shared 21 with the Biometric Identification 22 Transnational Migration Alert Program of 23 US Immigration and Customs Enforce- 24 ment and the Office of Biometric Identity 25 VerDate Sep 11 2014 22:10 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2758.IH H2758 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2758 IH Management of the Department of Home- 1 land Security. 2 ‘‘(ii) The information referred to in 3 clause (i) shall be used to investigate an 4 alien who has been counted toward the nu- 5 merical limitation of paragraph (1)(B) for 6 a fiscal year, and to determine if that alien 7 has ever used an alias while working or 8 present in the United States. If an alias is 9 identified, that alien shall be evaluated to 10 determine if the alien poses a national se- 11 curity threat, if the alien has a criminal 12 history, and if the alien is inadmissible.’’. 13 SEC. 3. ENHANCED VETTING. 14 The Secretary of Homeland Security shall use the bi- 15 ometric data to vet named workers against supporting evi- 16 dence (including copies of passport, current and previous 17 visas, entry documents) and identify any aliases. If an 18 alias is identified, the Secretary shall vet named workers 19 and aliases for potential national security threat, criminal 20 history, and inadmissibility. If the alien is found to violate 21 the factors, the alien shall not be banned from partici- 22 pating in the H–2B program. 23 Æ VerDate Sep 11 2014 22:10 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2758.IH H2758 kjohnson on DSK79L0C42PROD with BILLS