113 HR 692 IH: Protecting Department of Homeland Security Personnel Act of 2013 U.S. House of Representatives 2013-02-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 692 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Barletta introduced the following bill; which was referred to the Committee on Homeland Security A BILL To provide protection for certain Federal employees with respect to implementation of the June 15, 2012, memorandum from Janet Napolitano, Secretary of Homeland Security, regarding the exercise of prosecutorial discretion with respect to individuals who came to the United States as children.

1.

Short title

This Act may be cited as the Protecting Department of Homeland Security Personnel Act of 2013.

2.

Protection for individuals who refuse to carry out unlawful provisions of the memorandum

(a)

In general

Notwithstanding any other provision of law, no adverse personnel action, including employee termination, may be taken against a protected individual which is based, in whole or in part, on the refusal of such individual to carry out a provision of the memorandum described in subsection (b) that has been determined by the Congress to be in violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (b)

Memorandum described

This Act applies with respect to the June 15, 2012, memorandum from Janet Napolitano, Secretary of Homeland Security, regarding the exercise of prosecutorial discretion with respect to individuals who came to the United States as children. (c)

Protected individuals

For purposes of this Act, the term protected individual means an individual employed in or under any of the following: (1)U.S. Immigration and Customs Enforcement. (2)U.S. Customs and Border Protection. (3)U.S. Citizenship and Immigration Services. (d)

Adverse actions include denial of benefits

The personnel actions prohibited by this Act include the withholding or denial of a promotion, an increase in pay, or other similar benefit.