Page:United States Statutes at Large Volume 122.djvu/5082

 12 2 STA T .50 5 9PUBLIC LA W 110 –4 5 7—DE C.2 3, 200 8proce e dings re lat edtoaci v il action descri b edins u c h subparagraph i f such alien is —( i ) inad m issible under paragraph ( 2 )( A )(i)( I I) , (2)( B ), (2)( C ), (2)( E ), (2)( H ), (2)(I), ( 3 )(A)(i), (3)(A)(iii), (3)(B), (3)(C), or (3)( F ) of section 2 1 2(a) of the Immigra - tion and N ationalit y Act ( 8U.S .C. 1182(a)) or (ii) deportable under paragraph (2)(A)(ii), (2)(A)(iii), ( 4 )(A)(i), (4)(A)(iii), (4)(B), or (4)(C) of section 23 7 (a) of such Act (8 U.S.C. 1227(a)). (C) F AILURETO E X ER C I S E D UE DILI G E N CE.—If the Sec- retary of Homeland Security, after consultation w ith the Attorney G eneral, determines that the nonimmigrant holding an A – 3visaoraG– 5 visa has failed to e x ercise due diligence in pursuing an action described in subpara- graph (A), the Secretary may terminate the status of the A–3 or G–5 nonimmigrant. (2) AUT H ORI Z ATION TO W OR K .— T he Attorney General and the Secretary of Homeland Security shall authori z e any non- immigrant described in paragraph (1) to engage in employment in the United States during the period the nonimmigrant is in the United States pursuant to paragraph (1). (d) STUD Y AND R E P ORT.— (1) IN V ESTIGATION REPORT.— (A) IN GENERAL.—Not later than 18 0 days after the date of the enactment of this Act, and every 2 years there- after for the following 10 years, the Secretary shall submit a report to the appropriate congressional committees on the implementation of this section. (B) CONTENTS.—The report submitted under subpara- graph (A) shall include— (i) an assessment of the actions ta k en by the D epartment of State and the Department of J ustice to investigate allegations of trafficking or abuse of nonimmigrants holding an A–3 visa or a G–5 visa; and (ii) the results of such investigations. (2) FEASI B ILITY O F OVERSIGHT OF E M PLOYEES OF DIPLOMATS AND REPRESENTATIVES OF OTHER INSTITUTIONS REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the feasibility of— (A) establishing a system to monitor the treatment of nonimmigrants holding an A–3 visa or a G–5 visa who have been admitted to the United States; (B) a range of compensation approaches, such as a bond program, compensation fund, or insurance scheme, to ensure that such nonimmigrants receive appropriate compensation if their employers violate the terms of their employment contracts; and (C) with respect to each proposed compensation approach described in subparagraph (B), an evaluation and proposal describing the proposed processes for— (i) ad j udicating claims of rights violations; (ii) determining the level of compensation; and (iii) administering the program, fund, or scheme. (e) ASSISTANCE TO L AW ENFORCEMENT INVESTIGATIONS.—The Secretary shall cooperate, to the fullest extent possible consistent

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