    [Congressional Bills 111th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 4321 Introduced in House (IH)]

    111th CONGRESS
      1st Session
                                    H. R. 4321

        To provide for comprehensive immigration reform, and for other
                                   purposes.

    _______________________________________________________________________

                        IN THE HOUSE OF REPRESENTATIVES

                               December 15, 2009

       Mr. Ortiz (for himself, Mr. Conyers, Mr. Serrano, Mr. Rangel, Mr.
     Pastor of Arizona, Mr. Stark, Mr. Gutierrez, Mr. Waxman, Mr. Becerra,
        Mr. Frank of Massachusetts, Ms. Roybal-Allard, Mr. Berman, Ms.
     Velazquez, Mrs. Christensen, Mr. Hinojosa, Mr. Towns, Mr. Reyes, Mr.
      Lewis of Georgia, Mr. Baca, Mr. Pallone, Mr. Gonzalez, Mr. Andrews,
     Mrs. Napolitano, Mr. McDermott, Mr. Grijalva, Mr. Engel, Mr. Cuellar,
     Mr. Faleomavaega, Mr. Salazar, Mr. Neal of Massachusetts, Mr. Sires,
      Mr. Abercrombie, Mr. Lujan, Ms. Norton, Mr. Pierluisi, Mr. Moran of
     Virginia, Mr. Sablan, Mr. Nadler of New York, Mr. Olver, Ms. Waters,
     Ms. Corrine Brown of Florida, Mr. Farr, Mr. Filner, Mr. Gene Green of
      Texas, Mr. Hastings of Florida, Ms. Eddie Bernice Johnson of Texas,
        Mrs. Maloney, Mr. Rush, Mr. Scott of Virginia, Ms. Woolsey, Mr.
      Blumenauer, Mr. Fattah, Mr. Jackson of Illinois, Ms. Jackson-Lee of
     Texas, Mrs. Capps, Mr. Davis of Illinois, Ms. DeGette, Ms. Kilpatrick
      of Michigan, Mr. Kucinich, Ms. Lee of California, Mr. McGovern, Mr.
       Meeks of New York, Ms. Schakowsky, Ms. Berkley, Mr. Capuano, Mr.
     Crowley, Mr. Weiner, Mr. Clay, Mr. Honda, Mr. Israel, Ms. Watson, Ms.
    Bordallo, Mr. Meek of Florida, Mr. Cleaver, Mr. Al Green of Texas, Ms.
    Matsui, Ms. Moore of Wisconsin, Mr. Carson of Indiana, Ms. Clarke, Ms.
    Edwards of Maryland, Mr. Ellison, Ms. Fudge, Ms. Hirono, Mr. Johnson of
       Georgia, Mr. Perlmutter, Ms. Richardson, Mr. Welch, Ms. Chu, Mr.
    Heinrich, Ms. Pingree of Maine, Mr. Polis of Colorado, and Mr. Quigley)
     introduced the following bill; which was referred to the Committee on
    the Judiciary, and in addition to the Committees on Homeland Security,
      Armed Services, Foreign Affairs, Natural Resources, Ways and Means,
        Education and Labor, Oversight and Government Reform, and House
       Administration, for a period to be subsequently determined by the
      Speaker, in each case for consideration of such provisions as fall
               within the jurisdiction of the committee concerned

    _______________________________________________________________________

                                     A BILL

        To provide for comprehensive immigration reform, and for other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Comprehensive
    Immigration Reform for America's Security and Prosperity Act of 2009'',
    the ``Comprehensive Immigration Reform ASAP Act of 2009'', or as the
    ``CIR ASAP Act of 2009''.
        (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Findings.
    Sec. 3. Reference to the Immigration and Nationality Act.
    Sec. 4. Definitions.
    Sec. 5. Severability.
                    TITLE I--BORDER SECURITY AND ENFORCEMENT

    Sec. 101. Sense of Congress.
                          Subtitle A--Border Security

    Sec. 111. National Strategy for Border Security.
    Sec. 112. Increase in number of Customs and Border Protection Officers.
    Sec. 113. Improving ports of entry for border security and other
                                purposes.
    Sec. 114. Inventory of personnel.
    Sec. 115. Standards of professional conduct.
    Sec. 116. Inventory of assets.
    Sec. 117. Customs border patrol and border protection assets.
    Sec. 118. Technological assets.
    Sec. 119. Secure communication.
    Sec. 120. Surveillance plan.
    Sec. 121. Surveillance technologies programs.
    Sec. 122. Border security searches of electronic devices.
    Sec. 123. Border relief grant program.
    Sec. 124. Northern and Southern border drug prosecution initiative.
    Sec. 125. Operation Streamline prosecution initiative.
    Sec. 126. Project Gunrunner.
    Sec. 127. Operation Armas Cruzadas.
    Sec. 128. Combating human smuggling.
    Sec. 129. Report on deaths and strategy study.
    Sec. 130. United States-Mexico Border Enforcement Commission.
    Sec. 131. Prohibition on military involvement in nonemergency border
                                enforcement.
    Sec. 132. Definitions.
    Sec. 133. Border protection strategy.
    Sec. 134. Actions to further secure operational control of the
                                international land borders of the United
                                States.
    Sec. 135. Borderlands monitoring and mitigation.
    Sec. 136. Border Communities Liaison Office.
    Sec. 137. Office of Civil Rights and Civil Liberties and Office of
                                Inspector General.
    Sec. 138. Improving ports of entry for border security and other
                                purposes.
    Sec. 139. Ports of entry.
    Sec. 140. Ports of entry infrastructure and operations assessment
                                study.
    Sec. 141. National Land Border Ports of Entry Security Plan.
    Sec. 142. Ports of entry technology demonstration program.
    Sec. 143. Reports on improving the exchange of information on North
                                American security.
    Sec. 144. Southern Border Security Task Force.
    Sec. 145. Cooperation with the Government of Mexico.
    Sec. 146. Enhanced international cooperation.
    Sec. 147. Expansion of commerce security programs.
    Sec. 148. Authorization of appropriations.
                             Subtitle B--Detention

    Sec. 151. Definitions.
    Sec. 152. Detention conditions.
    Sec. 153. Specific detention requirements for short-term detention
                                facilities.
    Sec. 154. Rulemaking and enforcement.
    Sec. 155. Immigration Detention Commission.
    Sec. 156. Death in custody reporting requirement.
    Sec. 157. Protection of community-based organizations, faith-based
                                organizations and other institutions.
    Sec. 158. Apprehension procedures for immigration-related enforcement
                                activities.
    Sec. 159. Protections against unlawful detentions of United States
                                citizens.
    Sec. 160. Basic protections for vulnerable populations.
    Sec. 161. Report on protections for vulnerable populations impacted by
                                immigration enforcement activities.
    Sec. 162. Family Detention and Unity Protections.
    Sec. 163. Apprehension procedures for families and parents.
    Sec. 164. Child welfare services for children separated from parents
                                detained or removed from the United States
                                for immigration violations.
    Sec. 165. Vulnerable population and child welfare training for
                                immigration enforcement officers.
    Sec. 166. Access for parents, legal guardians, and, primary caregiver
                                relatives.
    Sec. 167. Enhanced protections for vulnerable unaccompanied alien
                                children and female detainees.
    Sec. 168. Preventing unnecessary detention of refugees.
    Sec. 169. Reports on protections from unlawful detention.
    Sec. 170. Rulemaking.
                            Subtitle C--Enforcement

    Sec. 181. Labor enforcement.
    Sec. 182. Mandatory address reporting requirements.
    Sec. 183. Preemption of State and local law.
    Sec. 184. Delegation of immigration authority.
    Sec. 185. Immigration and Customs Enforcement Ombudsman.
    Sec. 186. Eliminating arbitrary bar to asylum.
    Sec. 187. Restoration of judicial review.
                       TITLE II--EMPLOYMENT VERIFICATION

    Sec. 201. Employment verification.
    Sec. 202. Parity with Civil Rights Act of 1964.
    Sec. 203. Amendments to the Social Security Act.
                            TITLE III--VISA REFORMS

    Sec. 301. Elimination of existing backlogs.
    Sec. 302. Reclassification of spouses and minor children of legal
                                permanent residents as immediate relatives.
    Sec. 303. Country limits.
    Sec. 304. Promoting family unity.
    Sec. 305. Surviving relatives.
    Sec. 306. Extension of waiver authority.
    Sec. 307. Discretionary waiver for long-term lawful permanent
                                residents.
    Sec. 308. Continuous presence.
    Sec. 309. Bar on the removal of certain refugees, parolees or asylees.
    Sec. 310. Exemption from immigrant visa limit for certain veterans who
                                are natives of Philippines.
    Sec. 311. Fiancee or fiance child status protection.
    Sec. 312. Equal treatment for all stepchildren.
    Sec. 313. Sons and daughters of Filipino World War II veterans.
    Sec. 314. Determinations under the Haitian Refugee Immigration Fairness
                                Act of 1998.
    Sec. 315. Discretionary authority.
    Sec. 316. Affidavit of support.
    Sec. 317. Visa to prevent unauthorized migration.
    Sec. 318. Adjustment of status.
    Sec. 319. Rulemaking.
    Sec. 320. United States-educated immigrants.
    Sec. 321. Retaining workers subject to green card backlog.
    Sec. 322. Return of talent program.
           TITLE IV--EARNED LEGALIZATION OF UNDOCUMENTED INDIVIDUALS

                     Subtitle A--Conditional Nonimmigrants

    Sec. 401. Conditional nonimmigrants.
    Sec. 402. Adjustment of status for conditional nonimmigrants.
    Sec. 403. Administrative and judicial review.
    Sec. 404. Mandatory disclosure of information.
    Sec. 405. Penalties for false statements in applications.
    Sec. 406. Aliens not subject to direct numerical limitations.
    Sec. 407. Employer protections.
    Sec. 408. Limitations on eligibility.
    Sec. 409. Rulemaking.
    Sec. 410. Correction of Social Security records.
    Sec. 411. Restoration of State option to determine residency for
                                purposes of higher education benefits.
    Sec. 412. Authorization of appropriations.
       Subtitle B--Agricultural Job Opportunities, Benefits, and Security

                        Chapter 1--Title and Definitions

    Sec. 421. Short title.
    Sec. 422. Definitions.
     Chapter 2--Pilot Program for Earned Status Adjustment of Agricultural
                                    Workers

                         subchapter a--blue card status

    Sec. 431. Requirements for blue card status.
    Sec. 432. Treatment of aliens granted blue card status.
    Sec. 433. Adjustment to permanent residence.
    Sec. 434. Applications.
    Sec. 435. Waiver of numerical limitations and certain grounds for
                                inadmissibility.
    Sec. 436. Administrative and judicial review.
    Sec. 437. Use of information.
    Sec. 438. Regulations, effective date, authorization of appropriations.
              subchapter b--correction of social security records

    Sec. 441. Correction of Social Security records.
                    Chapter 3--Reform of H-2A Worker Program

    Sec. 451. Amendments to the Immigration and Nationality Act.
                      Chapter 4--Miscellaneous Provisions

    Sec. 461. Determination and use of user fees.
    Sec. 462. Regulations.
    Sec. 463. Reports to Congress.
    Sec. 464. Effective date.
             TITLE V--STRENGTHENING THE U.S. ECONOMY AND WORKFORCE

                       Subtitle A--Immigration and Labor

                    Chapter 1--Immigration and Labor Markets

    Sec. 501. Commission on Immigration and Labor Markets.
    Sec. 502. Security and prosperity account.
    Sec. 503. American recruit and match system.
               Chapter 2--Protection of Workers Recruited Abroad

    Sec. 511. Protections for workers recruited abroad.
    Sec. 512. Enforcement provisions.
    Sec. 513. Procedures in addition to other rights of employees.
    Sec. 514. Authority to prescribe regulations.
    Sec. 515. Definitions.
                        Chapter 3--Technical Correction

    Sec. 521. Technical correction.
        Subtitle B--Reforms of Certain Classes of Employment-based Visas

                Chapter 1--H-1B Visa Fraud and Abuse Protections

              subchapter a--h-1b employer application requirements

    Sec. 531. Modification of application requirements.
    Sec. 532. New application requirements.
    Sec. 533. Application review requirements.
     subchapter b--investigation and disposition of complaints against h-1b

    Sec. 541. General modification of procedures for investigation and
                                disposition.
    Sec. 542. Investigation, working conditions, and penalties.
    Sec. 543. Waiver requirements.
    Sec. 544. Initiation of investigations.
    Sec. 545. Information sharing.
    Sec. 546. Conforming amendment.
                      subchapter c--other h-1b provisions

    Sec. 551. Posting available H-1B positions through the Department of
                                Labor.
    Sec. 552. H-1B government authority and requirements.
    Sec. 553. Additional Department of Labor employees.
                          Chapter 2--L-1 Nonimmigrants

    Sec. 561. Prohibition on outplacement of L-1 nonimmigrants.
    Sec. 562. L-1 employer petition requirements for employment at new
                                offices.
    Sec. 563. Cooperation with Secretary of State.
    Sec. 564. Investigation and disposition of complaints against L-1
                                employers.
    Sec. 565. Wage rate and working conditions for L-1 nonimmigrant.
    Sec. 566. Penalties.
    Sec. 567. Prohibition on retaliation against L-1 nonimmigrants.
    Sec. 568. Technical amendments.
    Sec. 569. Reports on L-1 nonimmigrants.
    Sec. 570. Application.
    Sec. 571. Report on L-1 blanket petition process.
    Sec. 572. Requirements for information for H-1B and L-1 nonimmigrants.
                  Chapter 3--Protection of H-2B Nonimmigrants

    Sec. 581. Enforcement of federal labor laws relating to H-2B
                                nonagricultural guest workers.
    Sec. 582. Recruitment of United States workers.
    Sec. 583. Prevailing wages for United States workers and H-2B workers.
    Sec. 584. Certification requirement.
    Sec. 585. Protections for workers.
    Sec. 586. Petitions by employers that have signed labor agreements with
                                unions that operate hiring halls.
    Sec. 587. H-2B nonimmigrant labor certification application fees.
                Chapter 4--Adjustments to the EB-5 Visa Program

    Sec. 591. Permanent reauthorization of EB-5 regional center program;
                                application fee.
    Sec. 592. Premium processing fee for EB-5 immigrant investors.
    Sec. 593. Concurrent filing of EB-5 petitions and applications for
                                adjustment of status.
    Sec. 594. Improved set-aside for targeted employment areas.
    Sec. 595. Set-aside of visas for regional center program.
    Sec. 596. Extension.
    Sec. 597. Study.
    Sec. 598. Full-time equivalents.
    Sec. 599. Eligibility for adjustment of status.
    Sec. 599A. Expansion of EB-5 eligibility to include qualified
                                immigrants who complete investment
                                agreements.
                           Chapter 5--Effective Date

    Sec. 599B. Application.
                     TITLE VI--INTEGRATION OF NEW AMERICANS

                       Subtitle A--Citizenship Promotion

    Sec. 601. Immigration service fees.
    Sec. 602. Administration of tests for naturalization; fulfillment by
                                elderly persons of requirement for
                                naturalization relating to knowledge of
                                english language.
    Sec. 603. Voluntary electronic filing of applications.
    Sec. 604. Timely background checks.
    Sec. 605. National citizenship promotion program.
    Sec. 606. Effective date.
                           Subtitle B--Miscellaneous

    Sec. 611. Grants to support public education and community training.
    Sec. 612. Grant program to assist applicants for naturalization.
    Sec. 613. Naturalization for certain U.S. high school graduates.
    Sec. 614. Family integration.
    Sec. 615. Consideration for domestic resettlement of refugees.
    Sec. 616. Credits for teachers of English language learners.
    Sec. 617. Credits for employer-provided adult english literacy and
                                basic education programs.
    Sec. 618. Grants to States to form New American Councils.
    Sec. 619. Independence Day Ceremonies for oaths of allegiance.

    SEC. 2. FINDINGS.

        Congress makes the following findings:
                (1) Federal immigration laws must uphold America's long
            history of being a Nation of immigrants from every continent in
            the world, and reaffirm our Nation's commitment to strong and
            united families, civil rights, economic opportunity and
            diversity.
                (2) The Government of the United States should reduce the
            deficit by ensuring that all individuals and employers pay
            their fair share of taxes and contribute equally to the
            prosperity of our great Nation.
                (3) The Government of the United States has an obligation
            to ensure the labor rights of all workers in our country, and
            end the driving down of wages and workplace standards that
            exists today due to our broken immigration system. Unscrupulous
            employers should not be able to profit off of the backs of a
            workforce with no voice in the workplace or civic society.
                (4) The Government of the United States also has an
            obligation to ensure the growth and vitality of honest American
            businesses that are playing by the rules and fueling our
            economic recovery.
                (5) The labor and immigration policies of the United States
            Government should be modernized to reflect the current needs of
            American workers and the American economy.
                (6) The Government of the United States cannot effectively
            carry out its national security policies unless it requires
            undocumented immigrants to come forward and participate fully
            in our communities and legally in the economy of the United
            States, so that enforcement efforts are concentrated on the
            truly bad actors.
                (7) Elimination of America's immigrant workforce is not an
            effective or honest solution to Americas economic crisis. We
            need a solution that levels the playing field and promotes
            equal rights for all.
                (8) Dividing American families in not a moral or just
            solution to the broken immigration system. We need policies
            that treat all families equally and keep them together, to
            support each other and build strong communities.
                (9) Flawed immigration laws and persistent unequal
            administration of justice at the local level, based on race or
            national origin, has undermined effective community policing by
            discouraging the reporting of crime and cooperation with
            prosecutors in immigrant communities, due to well-founded fears
            of immigration enforcement action against them. This puts
            entire communities at risk and undermines public safety for
            all.
                (10) The Government of the United States should ensure that
            racial profiling and unequal administration of the law based on
            race or national origin is not permitted by any agency of
            Federal, State or local government bodies.
                (11) Our Government should ensure that our Nation's borders
            are secure by investing in effective strategies, eliminating
            the millions of dollars currently being allocated to
            ineffective ones, and by requiring consultation with state and
            local communities on both the northern and southern borders
            before implementing new border enforcement strategies.
                (12) Foreign governments, particularly those that share an
            international border with the United States, must play a
            critical role in securing international borders and deterring
            illegal entry of foreign nationals into the United States.
                (13) The Government of the United States has an obligation
            to reaffirm its commitment to effective immigrant integration
            by supporting the teaching and promoting the learning of
            English.
                (14) Comprehensive immigration reform and strong
            enforcement of immigration laws will encourage legal
            immigration, deter illegal immigration, and promote the
            economic and national security interests of the United States.

    SEC. 3. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

        Except as otherwise expressly provided, whenever in this Act an
    amendment or repeal is expressed in terms of an amendment to, or repeal
    of, a section or other provision, the reference shall be considered to
    be made to a section or other provision of the Immigration and
    Nationality Act (8 U.S.C. 1101 et seq.).

    SEC. 4. DEFINITIONS.

        In this Act:
                (1) Department.--Except as otherwise provided, the term
            ``Department'' means the Department of Homeland Security.
                (2) Secretary.--Except as otherwise provided, the term
            ``Secretary'' means the Secretary of Homeland Security.

    SEC. 5. SEVERABILITY.

        If any provision of this Act, any amendment made by this Act, or
    the application of such provision or amendment to any person or
    circumstance is held to be invalid for any reason, the remainder of
    this Act, the amendments made by this Act, and the application of the
    provisions of such to any other person or circumstance shall not be
    affected by such holding.

                    TITLE I--BORDER SECURITY AND ENFORCEMENT

    SEC. 101. SENSE OF CONGRESS.

        It is the sense of Congress that--
                (1) the Secretary of Homeland Security should establish a
            national strategic plan for short-term and long-term border
            security with improved accountability and transparency in
            agency functions;
                (2) the Secretary's border security priorities must support
            and strengthen the significant advances in operational control
            of the border;
                (3) the Secretary must secure our Nation's ports of entry
            and facilitate the flow of commerce and travel;
                (4) the ports of entry to the United States require
            additional assets, personnel, infrastructure and improvements
            in technology;
                (5) although states along the Southern and Northern borders
            play a unique role in supporting the Federal Government, border
            security and enforcement of the immigration laws are the
            responsibility of the Federal Government;
                (6) combating human smuggling, arms trafficking and drug
            trafficking are essential to border security;
                (7) protecting the economic and civic vitality of the
            border region is central to border security; and
                (8) effective border security depends on sustained
            international cooperation.

                          Subtitle A--Border Security

    SEC. 111. NATIONAL STRATEGY FOR BORDER SECURITY.

        (a) Requirement for Strategy.--The Secretary, in consultation with
    the heads of other appropriate Federal agencies, shall develop a
    National Strategy for Border Security that describes actions to be
    carried out to maintain operational control over all ports of entry
    into the United States and the international land and maritime borders
    of the United States.
        (b) Content.--The National Strategy for Border Security shall
    include the following:
                (1) An assessment of the threat posed by terrorists and
            terrorist groups that may try to infiltrate the United States
            at locations along the international land and maritime borders
            of the United States.
                (2) A risk assessment for all United States ports of entry
            and all portions of the international land and maritime borders
            of the United States that includes a description of activities
            being undertaken--
                        (A) to prevent the entry of terrorists, unlawful
                    aliens, instruments of terrorism, narcotics, and other
                    contraband into the United States; and
                        (B) to protect critical infrastructure at or near
                    such ports of entry or borders.
                (3) An assessment of the most appropriate, practical, and
            cost-effective means of defending the international land and
            maritime borders of the United States against threats to
            security and illegal transit, including intelligence
            capacities, technology, equipment, personnel, and training
            needed to address security vulnerabilities to include--
                        (A) a comprehensive assessment of risks in terms of
                    cost, probability, and threats to society and risk
                    prevention and response measures currently taken and
                    potentially taken relative to that assessment of risks;
                        (B) prevention efforts and response measures to
                    address such risks, whether already underway or
                    planned;
                        (C) recommendations on realignment of programs,
                    locations, and resources to best address the
                    comprehensive assessment of risks.
                (4) An assessment of staffing needs for all border security
            functions, taking into account threat and vulnerability
            information pertaining to the borders and the impact of new
            security programs, policies, and technologies.
                (5) A description of the border security roles and missions
            of Federal, State, regional, local, and tribal authorities, and
            recommendations regarding actions the Secretary can carry out
            to improve coordination with such authorities to enable border
            security and enforcement activities to be carried out in a more
            efficient and effective manner.
                (6) An assessment of existing programs, activities and
            technologies used for border security and the effect of the use
            of such efforts and technologies on civil rights, family unity,
            private property rights, privacy rights, and civil liberties,
            including an assessment of efforts to take into account asylum
            seekers, trafficking victims, unaccompanied minor aliens, and
            other vulnerable populations.
                (7) A prioritized list of research and development
            objectives to enhance the security of the international land
            and maritime borders of the United States.
                (8) A description of ways to ensure that the free flow of
            legitimate travel and commerce is not diminished by efforts,
            activities, and programs aimed at securing the international
            land and maritime borders of the United States.
                (9) A description of the performance metrics to be used to
            ensure accountability by the bureaus of the Department in
            implementing such Strategy.
                (10) A schedule for the implementation of the security
            measures described in such Strategy, including a prioritization
            of security measures, realistic deadlines for addressing the
            security and enforcement needs, an estimate of the resources
            needed to carry out such measures, and a description of how
            such resources should be allocated.
        (c) Consultation.--In developing the National Strategy for Border
    Security, the Secretary shall consult with representatives of--
                (1) State, local, and tribal authorities with
            responsibility for locations along the international land and
            maritime borders of the United States; and
                (2) appropriate private sector entities, nongovernmental
            organizations, and affected communities that have expertise in
            areas related to border management.
        (d) Coordination.--The National Strategy for Border Security shall
    be consistent with the National Strategy for Maritime Security
    developed pursuant to Homeland Security Presidential Directive 13,
    dated December 21, 2004.
        (e) Submission to Congress.--
                (1) Strategy.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall submit to Congress
            the National Strategy for Border Security.
                (2) Updates.--The Secretary shall submit to Congress any
            change of such Strategy that the Secretary determines is
            necessary, not later than 30 days after such determination.
        (f) Immediate Action.--Nothing in this section may be construed to
    relieve the Secretary of the responsibility to take all actions
    necessary and appropriate to maintain and enhance operational control
    of the international land and maritime borders of the United States.

    SEC. 112. INCREASE IN NUMBER OF CUSTOMS AND BORDER PROTECTION OFFICERS.

        (a) Customs and Border Protection Officers.--During the 5-year
    period between fiscal years 2010 and 2014, the Secretary of Homeland
    Security shall, subject to the availability of appropriations for such
    purpose, increase by not fewer than 5,000 the total number of full-
    time, active-duty Customs and Border Protection Officers within United
    States Customs and Border Protection for posting at United States ports
    of entry above the number of such officers for which funds were made
    available during fiscal year 2009.
        (b) Agriculture Specialists.--During the 5-year period between
    fiscal years 2010 and 2014, the Secretary of Homeland Security shall,
    subject to the availability of appropriations for such border security
    purposes, increase by not fewer than a total of 1,200 the number of
    full-time Customs and Border Protection agriculture specialists for
    United States ports of entry above the number of such support personnel
    for which funds were made available during fiscal year 2009.
        (c) Border Security Support Personnel.--During the 5-year period
    between fiscal years 2010 and 2014, the Secretary of Homeland Security
    shall, subject to the availability of appropriations for such purpose,
    increase by not fewer than a total of 350 the number of full-time
    border security support personnel for United States ports of entry
    above the number of such support personnel for which funds were made
    available during fiscal year 2009.

    SEC. 113. IMPROVING PORTS OF ENTRY FOR BORDER SECURITY AND OTHER
                  PURPOSES.

        (a) In General.--There are authorized to be appropriated to the
    Administrator of the General Services Administration $1,000,000,000 for
    each of fiscal years 2010 through 2014 to make improvements to existing
    ports of entry in the United States to improve border security and for
    other purposes.
        (b) Priority.--In making improvements described in subsection (a),
    the Administrator of the General Services Administration, in
    coordination with the Commissioner of Customs and Border Protection,
    shall give priority to the ports of entry that the Administrator
    determines are in most need of repair to improve border security and
    for other purposes in accordance with port of entry infrastructure
    assessment studies required in section 603 of title VI, division E, of
    the Consolidated Appropriations Act of 2008 (Public Law 101-161).

    SEC. 114. INVENTORY OF PERSONNEL.

        (a) Inventory.--The Secretary shall identify and inventory the
    current personnel or other human resources dedicated to border security
    and enforcement prior to any increase in personnel or other human
    resources.
        (b) Report.--The Secretary shall submit the inventory required in
    subsection (a) to the following congressional committees, 90 days after
    the enactment of this Act--
                (1) the Committee on Homeland Security and Governmental
            Affairs and the Committee on the Judiciary of the Senate;
                (2) the Committee on Homeland Security and the Committee on
            the Judiciary of the House of Representatives; and
                (3) the Committee on Oversight and Government Reform of the
            House of Representatives.

    SEC. 115. STANDARDS OF PROFESSIONAL CONDUCT.

        (a) Establishment of Standards.--Not more than 90 days after the
    date of enactment of this Act, the Secretary of Homeland Security shall
    establish clear standards of professional conduct for interaction with
    the public, for all Customs and Border Protection agents, U.S. Border
    Patrol agents, Immigration and Customs Enforcement agents, and
    Agricultural Inspectors stationed within 100 miles of all land and
    marine borders and at ports of entry.
        (b) Purpose.--These standards of professional conduct will provide
    agents with a better understanding of the prohibitions and limitations
    pertaining to their conduct and activities while representing the
    Department of Homeland Security. These standards are intended to--
                (1) alert agents to some of the more sensitive and often
            problematic matters involved in agent conduct;
                (2) specify, where possible, actions and inactions that are
            contrary to and that conflict with the duties and
            responsibilities of Department of Homeland security agents; and
                (3) guide agents in conducting themselves in a manner that
            reflects standards of deportment and professionalism.
        (c) Standards.--Department of Homeland Security agents stationed
    within 100 miles of all land and marine borders and at ports of entry--
                (1) shall not violate any law or any agency policy, rule,
            or procedure;
                (2) shall obey all lawful orders;
                (3) shall not engage in any conduct or activities on- or
            off-duty that reflect discredit on the agents, tend to bring
            the agency into disrepute, or impair its efficient and
            effective operation;
                (4) shall conduct themselves toward the public in a civil
            and professional manner that connotes a service orientation and
            that will foster public respect and cooperation;
                (5) shall treat violators, or perceived violators, with
            respect and courtesy, guard against employing an officious or
            overbearing attitude or language that may belittle, ridicule,
            or intimidate the individual, or act in a manner that
            unnecessarily delays the performance of their duty;
                (6) while recognizing the need to demonstrate authority and
            control over suspects and detainees, agents shall adhere to
            this agency's use-of-force policy and shall observe the civil
            rights and protect the well-being of those in their charge; and
                (7) shall not use their agency powers to resolve personal
            grievances (e.g., those involving the officer, family members,
            relatives, or friends) with individuals. In cases where there
            is personal involvement with a member of the public that would
            reasonably require law enforcement intervention, agents shall
            summon other on-duty personnel and a supervisor.
        (d) Oversight and Evaluation.--The Department of Homeland Security
    shall develop and implement a plan that applies the aforementioned
    standards in officer evaluation and supervisor evaluation. This plan
    shall include the following provisions to ensure responsibility and
    protect civil rights:
                (1) Adherence to the standards of professional conduct
            shall be a central criterion in the change from probationary to
            journeyman status, as well as periodic evaluations and
            promotions of officers.
                (2) Managers and senior officers will be held responsible
            for--
                        (A) performance according to these standards;
                        (B) assessments of subordinates according to these
                    standards; and
                        (C) performance of their subordinates on these
                    standards, with meaningful penalties to supervisors for
                    failures of subordinates to adhere to such standards.
                (3) The Department shall establish strong penalties for
            failures to follow the standards of professional conduct that
            were unaddressed until exposed by complaint processes or
            Inspector General investigations. However, organizational peers
            and superiors who uncover and act on failures or abuses shall
            be exempt from such penalties.
                (4) Agents should not be indemnified when it is determined
            that a violation of civil rights standards occurred.
        (e) Exception.--The standards of conduct set forth in this section
    are not intended to serve as an exhaustive treatment of requirements,
    limitations, or prohibitions on agent conduct and activities
    established by the Secretary of Homeland Security.
        (f) Notice.--The standards of conduct established under this
    section shall be posted at all ports of entry in locations easily
    viewed by members of the public.
        (g) Complaints.--Not more than 180 days after enactment, the
    Secretary shall, in consultation with the Office of Civil Rights and
    Civil Liberties, establish a uniform and standardized process for the
    public regarding complaints against all Customs and Border Protection
    agents, U.S. Border Patrol agents, and Agricultural Inspectors for
    violations of standards of professional conduct. The complaint process
    shall--
                (1) quickly review, effectively investigate, meaningfully
            resolve complaints and identify patterns of abuse or
            malfeasance and be accessible, transparent, consistent,
            effective, and fair;
                (2) apply uniformly to all Border Patrol Sectors and Ports
            of Entry;
                (3) specify to whom, how, and where complaints are to be
            filed;
                (4) be visible to the public at all ports of entry and
            interior checkpoints, and be accessible in multiple languages;
                (5) receive staff and funding commensurate with the
            quantity of complaints submitted and with the funding disbursed
            to Department enforcement initiatives;
                (6) establish a publicly accessible national, standardized
            database capable of tracking and analyzing complaints and their
            resolution; and
                (7) provide publicly accessible records, with copies of
            complaints and their resolutions permanently preserved and
            available for inspection, while maintaining the confidentiality
            of complainants' identities.
        (h) Complainants.--The following shall apply to all complainants:
                (1) Any interested party may file a complaint through the
            complaint procedure, including a legal representative.
                (2) Complainants shall be protected from retaliatory action
            by law enforcement.
                (3) No officer of the US may use the information from a
            complaint to initiate removal proceedings or removals against
            any person filing a complaint or identified in the complaint,
            nor remove any individual involved in a complaint while the
            complaint is pending.
                (4) There shall be no publication of information to related
            to an individual involved in a complaint which would result in
            identification of the individual.
                (5) Complainants shall receive full assistance from the
            Department in filing complaints, including language assistance,
            accommodations for disabilities, and accurate and complete
            responses to their questions.
        (i) Reporting.--The Secretary shall report annually to the
    following Congressional Committees on the number and type of complaints
    received in each sector, demographic of complainants, results of
    investigations including violations of standards and any disciplinary
    actions taken, and identifying any complaint patterns that could be
    prevented or reduced by policy or practice changes--
                (1) the Committee on Homeland Security and Governmental
            Affairs and the Committee on the Judiciary of the Senate;
                (2) the Committee on Homeland Security and the Committee on
            the Judiciary of the House of Representatives; and
                (3) the Committee on Oversight and Government Reform of the
            House of Representatives.

    SEC. 116. INVENTORY OF ASSETS.

        (a) Inventory.--The Secretary shall identify and inventory the
    current assets, equipment, supplies, or other physical resources
    dedicated to border security and enforcement prior to any increase in
    assets, equipment, supplies or other physical resources.
        (b) Report.--The Secretary shall submit the inventory required in
    subsection (a) to the following congressional committees, 90 days from
    the enactment of this Act--
                (1) the Committee on Homeland Security and Governmental
            Affairs and the Committee on the Judiciary of the Senate;
                (2) the Committee on Homeland Security and the Committee on
            the Judiciary of the House of Representatives; and
                (3) the Committee on Oversight and Government Reform of the
            House of Representatives.

    SEC. 117. CUSTOMS BORDER PATROL AND BORDER PROTECTION ASSETS.

        (a) Personal Equipment.--
                (1) Body armor.--The Secretary shall ensure that every
            agent is issued high-quality body armor that is appropriate for
            the climate and risks faced by the agent. Each agent shall be
            permitted to select from among a variety of approved brands and
            styles. Agents shall be strongly encouraged, but not required,
            to wear such body armor whenever practicable. All body armor
            shall be replaced not less often than once every five years.
                (2) Weapons.--The Secretary shall ensure that agents are
            equipped with weapons that are reliable and effective to
            protect themselves, their fellow agents, and innocent third
            parties from the threats posed by armed criminals. The
            Secretary shall ensure that the policies of the Department
            authorize all agents to carry weapons that are suited to the
            potential threats that they face.
                (3) Uniforms.--The Secretary shall ensure that all agents
            are provided with all necessary uniform items, including
            outerwear suited to the climate, footwear, belts, holsters, and
            personal protective equipment, at no cost to such agents. Such
            items shall be replaced at no cost to such agents as such items
            become worn or unserviceable or no longer fit properly
        (b) Helicopters and Power Boats.--
                (1) Helicopters.--The Secretary shall conduct a review of
            asset needs, and if determined to be insufficient, shall
            increase the number of helicopters under the control of the
            Border Patrol. The Secretary shall ensure that appropriate
            types of helicopters are procured for the various missions
            being performed.
                (2) Power boats.--The Secretary shall conduct a review of
            asset needs and if determined to be insufficient, shall
            increase the number of power boats under the control of the
            Border Patrol. The Secretary shall ensure that the types of
            power boats that are procured are appropriate for both the
            waterways in which they are used and the mission requirements.
                (3) Use and training.--The Secretary shall--
                        (A) establish an overall policy on how the
                    helicopters and power boats procured under this
                    subsection will be used; and
                        (B) implement training programs for the agents who
                    use such assets, including safe operating procedures
                    and rescue operations.
        (c) Motor Vehicles.--
                (1) Quantity.--The Secretary shall conduct a review of
            asset needs and if determined to be insufficient, establish a
            fleet of motor vehicles appropriate for use by the Border
            Patrol. The Secretary shall ensure that there are sufficient
            numbers and types of other motor vehicles to support the
            mission of the Border Patrol.
                (2) Features.--All motor vehicles purchased for the Border
            Patrol shall--
                        (A) be appropriate for the mission of the Border
                    Patrol; and
                        (B) have a panic button and a global positioning
                    system device that is activated solely in emergency
                    situations to track the location of agents in distress.
        (d) Electronic Equipment.--
                (1) Portable computers.--The Secretary shall ensure that
            each police-type motor vehicle in the fleet of the Border
            Patrol is equipped with a portable computer with access to all
            necessary law enforcement databases and otherwise suited to the
            unique operational requirements of the Border Patrol.
                (2) Radio equipment.--The Secretary shall augment the
            existing radio communications system so that all law
            enforcement personnel working in each area where Border Patrol
            operations are conducted have clear and encrypted 2-way radio
            communication capabilities at all times. Each portable
            communications device shall be equipped with a panic button and
            a global positioning system device that is activated solely in
            emergency situations to track the location of agents in
            distress.
                (3) Handheld global positioning system devices.--The
            Secretary shall ensure that each Border Patrol agent who is
            determined by the Secretary to need a handheld global
            positioning device to effectively and safely carry out his or
            her duties is issued a state-of-the-art handheld global
            positioning system device for navigational purposes.
                (4) Night vision equipment.--The Secretary shall ensure
            that sufficient quantities of state-of-the-art night vision
            equipment are procured and maintained to enable each Border
            Patrol agent working during the hours of darkness to be
            equipped with a portable night vision device.
        (e) Appropriations.--There are authorized to be appropriated to the
    Secretary such sums as may be necessary for each of fiscal years 2011
    through 2015 to carry out this section.

    SEC. 118. TECHNOLOGICAL ASSETS.

        (a) Increased Availability of Equipment.--The Secretary and the
    Secretary of Defense shall analyze use of authorities provided to the
    Secretary of Defense under chapter 18 of title 10, United States Code,
    and whether to increase the availability and use of Department of
    Defense equipment, including unmanned aerial vehicles, tethered
    aerostat radars, and other surveillance equipment, to assist the
    Secretary in carrying out surveillance activities conducted at or near
    the international land borders of the United States to deter criminal
    activity and terrorist threats.
        (b) Report.--Not later than 180 days after the date of enactment of
    this Act, the Secretary and the Secretary of Defense shall submit to
    Congress a report that contains
                (1) an analysis of the current use of Department of Defense
            equipment to assist the Secretary in carrying out surveillance
            of the international land borders of the United States and
            assessment of the risks to citizens of the United States and
            foreign policy interests associated with the use of such
            equipment;
                (2) an analysis of projected future use of Department of
            Defense equipment to assist such surveillance activities,
            including any increases;
                (3) an analysis of the types of equipment and other support
            to be provided by the Secretary of Defense under such plan
            during the one-year period beginning on the date of the
            submission of the report;
                (4) an analysis of costs and cost-effectiveness related to
            any increase in the availability and use of Department of
            Defense equipment; and
                (5) an analysis of projected schedules for implementation.
        (c) Construction.--Nothing in this section may be construed as
    altering or amending the prohibition on the use of any part of the Army
    or the Air Force as a posse comitatus under section 1385 of title 18,
    United States Code.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary such sums as may be necessary for each of
    fiscal years 2011 through 2015 to carry out this section.

    SEC. 119. SECURE COMMUNICATION.

        The Secretary shall, as expeditiously as practicable, develop and
    implement a plan to improve the use of satellite communications and
    other technologies to ensure clear and secure 2-way communication
    capabilities--
                (1) among all Border Patrol agents conducting operations
            between ports of entry;
                (2) between Border Patrol agents and their respective
            Border Patrol stations;
                (3) between Border Patrol agents and residents in remote
            areas along the international land borders of the United
            States; and
                (4) between all appropriate border security agencies of the
            Department and State, local, and tribal law enforcement
            agencies.

    SEC. 120. SURVEILLANCE PLAN.

        (a) Requirement for Plan.--The Secretary shall develop a
    comprehensive plan for the systematic surveillance of the international
    land and maritime borders of the United States.
        (b) Content.--The plan required by subsection (a) shall include the
    following:
                (1) An assessment of existing technologies employed on the
            international land and maritime borders of the United States.
                (2) A description of the compatibility of new surveillance
            technologies with surveillance technologies in use by the
            Secretary on the date of enactment of this Act.
                (3) A description of how the Commissioner of the United
            States Customs and Border Protection is working, or is expected
            to work, with the Under Secretary for Science and Technology of
            the Department to identify and test surveillance technology.
                (4) A description of the specific surveillance technology
            to be deployed.
                (5) Identification of any obstacles that may impede such
            deployment.
                (6) A detailed estimate of all costs associated with such
            deployment and with continued maintenance of such technologies.
                (7) A description of how the Secretary is working with the
            Administrator of the Federal Aviation Administration on safety
            and airspace control issues associated with the use of unmanned
            aerial vehicles.
                (8) A description of the demonstration program to fully
            integrate and utilize aerial surveillance technologies
            developed pursuant to section 121(a).
                (9) A description of the Integrated and Automated
            Surveillance demonstration program established pursuant to
            section 121(b).
        (c) Submission to Congress.--Not later than 180 days after the date
    of enactment of this Act, the Secretary shall submit to Congress the
    plan required by this section.

    SEC. 121. SURVEILLANCE TECHNOLOGIES PROGRAMS.

        (a) Aerial Surveillance Demonstration Program.--
                (1) In general.--In conjunction with the border
            surveillance plan developed under section 5201 of the
            Intelligence Reform and Terrorism Prevention Act of 2004
            (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not
            later than 90 days after the date of enactment of this Act,
            shall develop a demonstration program to fully integrate and
            utilize aerial surveillance technologies, including unmanned
            aerial vehicles, to enhance the security of the international
            border between the United States and Canada and the
            international border between the United States and Mexico.
                (2) Assessment and consultation requirements.--In
            developing the program under this subsection, the Secretary
            shall--
                        (A) consider current and proposed aerial
                    surveillance technologies;
                        (B) assess the feasibility and advisability of
                    utilizing such technologies to address border threats,
                    including an assessment of the technologies considered
                    best suited to address respective threats, cost-
                    effectiveness, reliability, and minimal impact on
                    border residential areas;
                        (C) consult with the Secretary of Defense regarding
                    any technologies or equipment, which the Secretary may
                    deploy along an international border of the United
                    States;
                        (D) consult with the Administrator of the Federal
                    Aviation Administration regarding safety, airspace
                    coordination and regulation, and any other issues
                    necessary for implementation of the program; and
                        (E) conduct a privacy impact assessment with the
                    Officer for Civil Rights and Civil Liberties with the
                    Department that includes recommendations with respect
                    to ensuring the civil liberties and civil rights of
                    individuals in surrounding communities.
                (3) Additional requirements.--
                        (A) In general.--The demonstration program
                    developed under this subsection may include the use of
                    a variety of aerial surveillance technologies in a
                    variety of topographies and areas, including populated
                    and unpopulated areas located on or near an
                    international border of the United States, in order to
                    evaluate, for a range of circumstances--
                                (i) the significance of previous
                            experiences with such technologies in border
                            security or critical infrastructure protection;
                                (ii) the cost and effectiveness of various
                            technologies for border security, including
                            varying levels of technical complexity; and
                                (iii) liability, safety, and privacy
                            concerns relating to the utilization of such
                            technologies for border security.
                (4) Continued use of aerial surveillance technologies.--The
            Secretary may continue the operation of aerial surveillance
            technologies while developing the demonstration program and
            assessing the effectiveness of the utilization of such
            technologies.
                (5) Report to congress.--Not later than 180 days after
            developing the demonstration program under this subsection, the
            Secretary shall submit to Congress a report regarding such
            program. The Secretary shall include in the report a
            description of such program together with any recommendations
            that the Secretary finds appropriate for implementing or
            terminating the program.
        (b) Integrated and Automated Surveillance Demonstration Program.--
                (1) Requirement for program.--Subject to the availability
            of appropriations, the Secretary shall establish a
            demonstration program to procure additional unmanned aerial
            vehicles, cameras, poles, sensors, satellites, radar coverage,
            and other technologies necessary to enhance operational control
            of the international borders of the United States. Such program
            shall be known as the Integrated and Automated Surveillance
            Demonstration Program.
                (2) Program components.--The Secretary shall ensure, to the
            maximum extent feasible, that--
                        (A) the technologies utilized in the Integrated and
                    Automated Surveillance Demonstration Program are
                    integrated and function cohesively in an automated
                    fashion, including the integration of motion sensor
                    alerts and cameras in a manner where a sensor alert
                    automatically activates a corresponding camera to pan
                    and tilt in the direction of the triggered sensor;
                        (B) cameras utilized in the Program do not have to
                    be manually operated;
                        (C) such camera views and positions are not fixed;
                        (D) surveillance video taken by such cameras is
                    able to be viewed at multiple designated communications
                    centers;
                        (E) a standard process is used to collect, catalog,
                    and report intrusion and response data collected under
                    the Program;
                        (F) future remote surveillance technology
                    investments and upgrades for the Program can be
                    integrated with existing systems;
                        (G) performance measures are developed and applied
                    that can evaluate whether the Program is providing
                    desired results and increasing response effectiveness
                    in monitoring and detecting illegal intrusions along
                    the international borders of the United States;
                        (H) plans are developed under the Program to
                    streamline site selection, site validation, and
                    environmental assessment processes to minimize delays
                    of installing surveillance technology infrastructure;
                        (I) standards are developed under the Program to
                    expand the shared use of existing private and
                    governmental structures to install remote surveillance
                    technology infrastructure where possible; and
                        (J) standards are developed under the Program to
                    identify and deploy the use of nonpermanent or mobile
                    surveillance platforms that will increase the
                    Secretary's mobility and ability to identify illegal
                    border intrusions.
                (3) Report to congress.--Not later than one year after the
            initial implementation of the Integrated and Automated
            Surveillance Demonstration Program, the Secretary shall submit
            to Congress a report regarding the Program. The Secretary shall
            include in the report a description of the Program together
            with any recommendation that the Secretary finds appropriate
            for enhancing or terminating the program.
                (4) Evaluation of contractors.--
                        (A) Requirement for standards.--The Secretary shall
                    develop appropriate standards to evaluate the
                    performance of any contractor providing goods or
                    services to carry out the Integrated and Automated
                    Surveillance Demonstration Program.
                        (B) Review by the inspector general.--
                                (i) In general.--The Inspector General of
                            the Department shall review each new contract
                            related to the Program that has a value of more
                            than $5,000,000 in a timely manner, to
                            determine whether such contract fully complies
                            with applicable cost requirements, performance
                            objectives, program milestones, and schedules.
                                (ii) Reports.--The Inspector General shall
                            report the findings of each review carried out
                            under clause (i) to the Secretary in a timely
                            manner. Not later than 30 days after the date
                            the Secretary receives a report of findings
                            from the Inspector General, the Secretary shall
                            submit to the Committee on Homeland Security
                            and Governmental Affairs of the Senate and the
                            Committee on Homeland Security of the House of
                            Representatives a report of such findings and a
                            description of any the steps that the Secretary
                            has taken or plans to take in response to such
                            findings.
                (5) Authorization of appropriations.--There are authorized
            to be appropriated such sums as may be necessary to carry out
            this section.

    SEC. 122. BORDER SECURITY SEARCHES OF ELECTRONIC DEVICES.

        (a) Rule.--Not later than 180 days after the date of the enactment
    of this Act, the Secretary, acting through the Commissioner of United
    States Customs and Border Protection, in coordination with the
    Assistant Secretary of Homeland Security for United States Immigration
    and Customs Enforcement and the senior official appointed pursuant to
    section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142), shall
    issue a rule with respect to the scope of and procedural and record
    keeping requirements associated with border security searches of
    electronic devices.
        (b) Content.--The rule issued pursuant to subsection (a) shall
    include the following:
                (1) A requirement that information collected during a
            border security search of an electronic device that is
            determined to be commercial information, including trade
            secrets, information subject to attorney-client privilege,
            information subject to doctor-patient privilege, or information
            subject to another privilege or protection shall be handled
            consistent with the laws, rules, and regulations governing such
            information and shall not be shared with a Federal, State,
            local, tribal, or foreign agency unless it is determined that
            such agency has the mechanisms in place to comply with such
            laws, rules, and regulations.
                (2) A requirement that authorized agents, to the greatest
            extent practicable, conduct all border security searches of
            electronic devices at a port of entry in the presence of a
            supervisor and, where appropriate, in the presence of the
            individuals whose electronic devices are subject to such
            searches.
                (3) A determination of the number of days that an
            electronic device subjected to a border security search or the
            information collected from such device may be retained, unless
            probable cause exists, that prohibits retention exceeding the
            period necessary to translate, decrypt, or reasonably search
            such device or information and that requires such information
            to be destroyed if in the custody of an authorized agent after
            such number of days.
                (4) A requirement that if information collected from an
            electronic device subjected to a border security search is
            copied, shared, retained, or entered into an electronic
            database, the individual from whose electronic device such
            information is collected shall receive written notification of
            such copying, sharing, retention, or entry unless such
            notification would hinder an investigation involving national
            security or would meet another criteria established by the
            Secretary in the rule.
                (5) A requirement that an individual subjected to a border
            security search of an electronic device shall receive a receipt
            for such device if such device is removed from the possession
            of such individual.
                (6) A requirement that an individual subjected to a border
            security search of an electronic device shall receive notice of
            how to report abuses or concerns and how to seek redress from
            the Department of Homeland Security.
                (7) A requirement that information on the rights of
            individuals with respect to border security searches and
            Department of Homeland Security redress procedures shall be
            posted at all ports of entry in locations that are likely to be
            viewed by individuals subject to border security searches.
                (8) A privacy impact assessment of the rule, as prepared by
            the senior official appointed pursuant to section 222 of the
            Homeland Security Act of 2002, that includes recommendations
            with respect to the copying, sharing, retention, and entry into
            an electronic database of personally identifiable information
            collected from electronic devices subjected to a border
            security search.
                (9) A civil liberties impact assessment of the rule, as
            prepared by the Officer for Civil Rights and Civil Liberties of
            the Department of Homeland Security.
        (c) Training and Auditing With Respect to Searches.--
                (1) Training.--The Secretary shall provide each authorized
            agent with appropriate training to conduct border security
            searches of electronic devices at ports of entry in accordance
            with the rule issued pursuant to subsection (a). The training
            shall include instruction on constitutional, privacy, civil
            rights, and civil liberties issues related to such searches.
                (2) Auditing.--The Secretary, acting through the Inspector
            General of the Department of Homeland Security, shall develop
            and annually administer an auditing mechanism to review whether
            authorized agents are conducting border security searches of
            electronic devices at ports of entry in accordance with the
            rule issued pursuant to subsection (a).
        (d) Report.--Not later than 180 days after the effective date of
    the rule issued pursuant to subsection (a), and quarterly thereafter,
    the Secretary shall submit to the Committee on Homeland Security of the
    House of Representatives and to the Committee on Homeland Security and
    Governmental Affairs of the Senate a report that shall include the
    following:
                (1) A description of the activities of authorized agents
            with respect to border security searches of electronic devices
            at ports of entry.
                (2) A description of the manner in which the Department of
            Homeland Security has complied with this Act.
                (3) The number, by port of entry, of border security
            searches of electronic devices at ports of entry conducted
            during the reporting period.
                (4) The number, by port of entry, of instances during the
            reporting period that information from an electronic device
            subjected to a border security search was retained, copied,
            shared, or entered in an electronic database, including the
            number of electronic devices retained as the result of a border
            security search.
                (5) The race, ethnicity, national origin, and citizenship
            of each individual whose electronic device was subjected to a
            border security at a port of entry search during the reporting
            period, to determine the existence or absence of racial
            profiling.
                (6) The number of instances during the reporting period
            that information collected from an electronic device subjected
            to a border security search at a port of entry was referred to
            a law enforcement or intelligence agency for further action,
            including whether such information resulted in a prosecution or
            conviction.
        (e) Definitions.--In this section, the following definitions apply:
                (1) Authorized agent.--The term ``authorized agent'' means
            an agent, officer, or official of United States Customs and
            Border Protection, United States Immigration and Customs
            Enforcement, or any other office or agency of the Department of
            Homeland Security who is authorized to conduct a border
            security search.
                (2) Border security search.--The term ``border security
            search'' means a search by an authorized agent of persons,
            baggage, or cargo entering, departing, or passing through the
            United States through any port of entry.
                (3) Electronic device.--The term ``electronic device''
            means an electronic, magnetic, optical, electrochemical, or
            other high-speed data processing device performing logical,
            arithmetic, or storage functions, such as a computer, a
            cellular telephone, or any other device used for electronic
            communication or for storing electronic, digital or analog
            data, and which includes any data storage facility or
            communications facility directly related to or operating in
            conjunction with such device.

    SEC. 123. BORDER RELIEF GRANT PROGRAM.

        (a) Grants Authorized.--
                (1) In general.--The Attorney General is authorized to
            award grants to--
                        (A) eligible law enforcement agencies, or a
                    coalition of such agencies, including sheriff's
                    offices, police departments and tribal police
                    departments; and
                        (B) institutions of higher education that provide
                    assistance to law enforcement agencies in counties
                    described in subparagraph (A) or (B) of subsection
                    (d)(1) to provide the resources described in subsection
                    (b)(4).
                (2) Competitive basis.--The Attorney General shall award
            grants under this section on a competitive basis.
                (3) Priority.--In awarding grants for the uses described in
            paragraphs (1) through (3) of subsection (b), the Attorney
            General shall give priority to law enforcement agencies:
                        (A) located in a county that is within 100 miles
                    from the United States border with Mexico or Canada;
                    and
                        (B) in compliance with Federal and State racial
                    profiling laws and guidelines.
                (4) Duration.--Grants awarded under this section shall not
            exceed two years. Prior awardees must reapply to be considered
            for continued funding.
                (5) Prohibition.--The Attorney General shall not award a
            grant to any applicant that is under investigation for
            violations of federal or state racial profiling laws or
            guidelines.
        (b) Use of Funds.--Grants awarded under this section may only be
    used to provide additional resources for eligible law enforcement
    agencies to address drug-related criminal activity, and for the
    training and assistance described in paragraph (4) for organizations
    described in subsection (a)(3), including resources to--
                (1) combat criminal activities along the Northern and
            Southern border by--
                        (A) obtaining, upgrading, or maintain equipment;
                        (B) hiring additional personnel;
                        (C) reimbursing operational expenditures, including
                    overtime and transportation costs; and
                        (D) providing other assistance necessary to address
                    drug-related criminal activity;
                (2) facilitate information sharing and collaboration by--
                        (A) establishing, maintaining, or enhancing multi-
                    jurisdictional intelligence gathering and sharing
                    activities;
                        (B) facilitating regional crime prevention and
                    reduction efforts; and
                        (C) strengthening partnerships between Federal,
                    tribal, State, and local law enforcement agencies;
                (3) enhance jails, community corrections, and detention
            operations by--
                        (A) improving the administration and operations of
                    correction functions related to reducing and preventing
                    criminal narcotics activity;
                        (B) improving access to intelligence and
                    collaboration between law enforcement and correctional
                    system personnel;
                        (C) reducing the recidivism rates of drug
                    offenders; and
                        (D) hiring detention, probation, parole, and other
                    corrections personnel for implementation of the efforts
                    described in this paragraph; and
                (4) provide training and technical assistance, including
            training and assistance related to--
                        (A) narcotics-related kidnapping negotiation and
                    rescue tactics;
                        (B) intelligence and information sharing on drug
                    trafficking organizations; and
                        (C) the interdiction of narcotics, weapons, and
                    illegal drug proceeds.
        (c) Application.--
                (1) In general.--Each eligible law enforcement agency, or
            coalition of such agencies, seeking a grant under this section
            shall submit an application to the Attorney General at such
            time, in such manner, and accompanied by such information as
            the Attorney General may reasonably require.
                (2) Contents.--Each application submitted under paragraph
            (1) shall--
                        (A) describe the activities for which assistance
                    under this section is sought;
                        (B) disclose whether the applicant has ever been
                    investigated for or convicted of violation of Federal
                    or State racial profiling laws or guidelines; and
                        (C) provide such additional assurances as the
                    Attorney General determines to be essential to ensure
                    compliance with the requirements under this section.
        (d) Monitoring and Oversight.--
                (1) Each grantee shall submit to the Attorney General
            documentation of the use of grant funds, including an
            assessment of their utility in protecting border community
            safety, the prevention of smuggling activities, and the
            apprehension of persons involved in violence and organized
            crime.
                (2) These reports will determine whether the grantee uses
            funds appropriately and should be considered for a renewal
            grant.
        (e) Definitions.--In this section:
                (1) Eligible law enforcement agency.--The term ``eligible
            law enforcement agency'' means a tribal, State, or local law
            enforcement agency, including a community corrections agency
            and any agency that employs prosecutors, probation officers, or
            parole officers, which is located or performs duties in--
                        (A) a county that is not more than 100 miles from a
                    United States border with Mexico;
                        (B) a county that is not more than 100 miles from a
                    United States border with Canada; or
                        (C) a jurisdiction that has been designated by the
                    Director of the Office of Drug Control Policy as a High
                    Intensity Drug Trafficking Area.
                (2) High intensity drug trafficking area.--The term ``High
            Intensity Drug Trafficking Area'' means any jurisdiction
            designated as a ``High Intensity Drug Trafficking Area'' by the
            National Drug Control Program under section 707 of the Office
            of National Drug Control Policy Reauthorization Act of 1998 (21
            U.S.C. 1706).
        (f) Assessment and Report.--The Attorney General shall submit a bi-
    annual report assessing the success of the program in combating and
    reducing drug-trafficking and drug-related criminal activity, cost-
    effectiveness of the program, and future value and viability of the
    program to--
                (1) the Committee on the Judiciary of the House of
            Representatives; and
                (2) the Committee on the Judiciary of the Senate.
        (g) Authorization of Appropriations.--
                (1) In general.--There are authorized to be appropriated
            $100,000,000 for each of the fiscal years 2011 through 2015 to
            carry out the provisions of this section.
                (2) Allocation of authorized funds.--Of the amounts
            appropriated pursuant to paragraph (1)--
                        (A) not more than 33 percent may be set aside for
                    High Intensity Drug Trafficking Areas; and
                        (B) not more than 30 percent may be used for
                    activities described in paragraphs (3) and (4) of
                    subsection (b).
                (3) Supplement not supplant.--Amounts appropriated for
            grants pursuant to paragraph (1) shall be used to supplement
            and not to supplant other tribal, State, and local public funds
            obligated for the purposes provided under this section.

    SEC. 124. NORTHERN AND SOUTHERN BORDER DRUG PROSECUTION INITIATIVE.

        (a) Reimbursement to State and Local Prosecutors for Prosecuting
    Federally Initiated Drug Cases.--The Attorney General shall, subject to
    the availability of appropriations, reimburse State and county
    prosecutors located in States along the Northern or Southern border of
    the United States for prosecuting federally initiated and referred drug
    cases.
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as necessary for each of the fiscal years 2011
    through 2015 to carry out subsection (a).

    SEC. 125. OPERATION STREAMLINE PROSECUTION INITIATIVE.

        (a) Suspension of Operation Streamline.--The Secretary shall
    suspend the program pending submission of the report in subsection (b)
    to the relevant congressional committees in subsection (c) and a
    revaluation of the program's future viability.
        (b) Reporting Requirement.--Not later than 180 days after the date
    of the enactment of this Act, the Secretary of Homeland Security, in
    coordination with the Attorney General, shall submit a report to the
    relevant congressional committees set forth in subsection (c) that
    provides details about--
                (1) operational goals and oversight mechanisms of
            ``Operation Streamline'' and similar programs;
                (2) costs of seeking Federal court prosecution and jail
            time for all illegal entrants prior to referral to immigration
            court removal proceedings, as compared to initial referral of
            such entrants to immigration courts upon apprehension;
                (3) costs of detentions, prosecutions, and incarcerations
            for immigrant offenses under Operation Streamline programs over
            the three years prior to enactment of this Act;
                (4) cost estimates for federal resources that would be
            necessary to implement Operation Streamline effectively in each
            Border Patrol sector, including sufficient judicial resources,
            Federal Public Defenders, U.S. Marshals, detention facilities,
            United States Attorneys, and costs already being incurred in
            active areas;
                (5) the impact of Operation Streamline programs on federal
            prosecutorial initiatives focused on curbing border violence,
            including enhanced use of investigations and prosecutions for
            money laundering or other financial offenses to disrupt the
            illicit firearms trade, human smuggling, and cross-border drug
            and currency trafficking;
                (6) the impact of Operation Streamline programs on
            discretionary prosecutorial decisions;
                (7) the numbers of Federal prosecutions for drug
            trafficking, human smuggling, white-collar, civil rights,
            environmental, and other criminal cases over the three years
            prior to enactment of this Act in areas utilizing Operation
            Streamline initiatives;
                (8) lengths of imprisonment, names, convictions, and
            locations of prisons used for those arrested under Operation
            Streamline programs over the three years prior to enactment of
            this Act;
                (9) Federal convictions obtained under Operation Streamline
            including number of non-violent immigration offenses;
                (10) comparison of rates of Federal prosecutions and
            convictions in districts along the southern border in relation
            to other districts nationwide; and
                (11) interviews with criminal defense attorneys who have
            represented defendants charged under Operation Streamline,
            including review of the opportunity of arrestees to consult
            with immigration attorneys prior to conviction, and the ratio
            of defendants to defense attorneys.
        (c) Relevant Congressional Committees in This Section.--
                (1) The Committee on Appropriations of the Senate.
                (2) The Committee on the Judiciary of the Senate.
                (3) The Committee on Appropriations of the House of
            Representatives.
                (4) The Committee on the Judiciary of the House of
            Representatives.
                (5) The Committee on Homeland Security and Governmental
            Affairs of the Senate.
                (6) The Committee on Homeland Security of the House of
            Representatives.
        (d) Re-evaluation of Program.--The Secretary of Homeland Security,
    in coordination with the Attorney General, shall have 180 additional
    days, after submission of the report in subsection (b) to the relevant
    congressional committees, to re-evaluate the future viability of the
    program. At the end of the 180 day period, the Secretary shall
    determine whether to continue or terminate the program.

    SEC. 126. PROJECT GUNRUNNER.

        (a) In General.--The Attorney General shall dedicate and expand the
    resources provided for the Project Gunrunner initiative of the Bureau
    of Alcohol, Tobacco, Firearms, and Explosives to identify, investigate,
    and prosecute individuals involved in the trafficking of firearms
    across the international border between the United States and Mexico.
        (b) Activities.--In carrying out this section, the Attorney General
    shall
                (1) assign additional agents of the Bureau of Alcohol,
            Tobacco, Firearms, and Explosives to the area of the United
            States adjacent to the international border between the United
            States and Mexico to support the expansion of Project Gunrunner
            teams;
                (2) establish not fewer than one Project Gunrunner team in
            each State along the international border between the United
            States and Mexico; and
                (3) coordinate with the heads of other relevant Federal law
            enforcement agencies and State and local law enforcement
            agencies to address firearms trafficking in a comprehensive
            manner.
        (c) Additional Staff.--The Attorney General may hire Bureau of
    Alcohol, Tobacco, Firearms, and Explosives agents for, and otherwise
    expend additional resources needed to adequately support, Project
    Gunrunner.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated $15,000,000 for each of fiscal years 2011 and 2015 to
    carry out this section.

    SEC. 127. OPERATION ARMAS CRUZADAS.

        (a) In General.--In accordance with subsection (b), the Secretary
    of Homeland Security shall dedicate and expand the resources provided
    for Operation Armas Cruzadas of United States Immigration and Customs
    Enforcement (ICE) to identify, investigate, and prosecute individuals
    involved in the trafficking and smuggling of firearms across the
    international border between the United States and Mexico.
        (b) Resources.--To achieve the goal described in subsection (a),
    the Secretary of Homeland Security shall--
                (1) increase the number of ICE agents assigned to Operation
            Armas Cruzadas over the number of such agents who are so
            assigned as of the date of the enactment of this section;
                (2) increase the number of Border Enforcement Security Task
            Force (BEST) teams stationed along the border over the number
            of such teams so stationed as of the date of the enactment of
            this section; and
                (3) coordinate with the heads of other relevant Federal,
            State, and local law enforcement agencies to address firearms
            trafficking in a comprehensive manner.
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated $15,000,000 for each of fiscal years 2011 and 2012 to
    carry out this section.

    SEC. 128. COMBATING HUMAN SMUGGLING.

        (a) Requirement for Plan.--The Secretary shall develop and
    implement a plan to improve coordination among United States
    Immigration and Customs Enforcement and United States Customs and
    Border Protection and any other Federal, State, local, or tribal
    authorities, as determined appropriate by the Secretary, to improve
    coordination efforts to combat human smuggling.
        (b) Content.--In developing the plan required by subsection (a),
    the Secretary shall consider--
                (1) the interoperability of databases utilized to prevent
            human smuggling;
                (2) adequate and effective personnel training, including
            methods to ascertain crime victims and vulnerable populations
            as described in subtitle B of this title;
                (3) methods and programs to effectively target networks
            that engage in such smuggling;
                (4) effective utilization of--
                        (A) visas for victims of trafficking and other
                    crimes; and
                        (B) investigatory techniques, equipment, and
                    procedures that prevent, detect, and prosecute
                    international money laundering and other operations
                    that are utilized in smuggling;
                (5) joint measures, with the Secretary of State, to enhance
            intelligence sharing and cooperation with foreign governments
            whose citizens are preyed on by human smugglers; and
                (6) other measures that the Secretary considers appropriate
            to combat human smuggling.
        (c) Report.--Not later than one year after implementing the plan
    described in subsection (a), the Secretary shall submit to Congress a
    report on such plan, including any recommendations for legislative
    action to improve efforts to combating human smuggling.

    SEC. 129. REPORT ON DEATHS AND STRATEGY STUDY.

        (a) In General.--The Commissioner of the United States Customs and
    Border Protection shall do the following:
                (1) Collection of statistics.--Collect statistics relating
            to deaths occurring at the border between the United States and
            Mexico, including--
                        (A) the causes of the deaths; and
                        (B) the total number of deaths.
                (2) Publication of statistics.--Publish the statistics
            collected in paragraph (1) quarterly.
                (3) Report.--Not later than 1 year after the date of
            enactment of this Act, and annually thereafter, submit to the
            Secretary a report that--
                        (A) analyzes trends with respect to the statistics
                    collected under subsection (a) during the preceding
                    year; and
                        (B) recommends actions to reduce and prevent the
                    deaths described in subsection (a).
        (b) Southwest Border Strategy Study & Analysis.--The Secretary
    shall conduct a study of Southwest Border Enforcement operations since
    1994 and its relationship to death rates on the US-Mexico border.
                (1) Substance.--The study shall include--
                        (A) an analysis on the relationship of border
                    enforcement and deaths on the border;
                        (B) an analysis of whether physical barriers,
                    technology, and enforcement programs have contributed
                    to the rate of migrant deaths;
                        (C) an analysis of the effectiveness of
                    geographical terrain as a natural barrier for entry
                    into the United States in achieving Department goals
                    and its role in contributing to rates of migrant
                    deaths; and
                        (D) consultation with nongovernmental organizations
                    and other community stakeholders involved in recovering
                    and identifying migrant deaths; and
                        (E) an assessment of existing protocol related to
                    reporting, tracking and inter-agency communications
                    between CBP and local first responders and consular
                    services.
                (2) Report.--The studies shall be submitted to--
                (3) the United States-Mexico Border Enforcement Commission
            as established in section 130;
                (4) the Committee on Homeland Security and Governmental
            Affairs and the Committee on the Judiciary of the Senate;
                (5) the Committee on Homeland Security and the Committee on
            the Judiciary of the House of Representatives; and
                (6) the Committee on Oversight and Government Reform of the
            House of Representatives.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.

    SEC. 130. UNITED STATES-MEXICO BORDER ENFORCEMENT COMMISSION.

        (a) Establishment of Commission.--
                (1) In general.--There is established an independent
            commission to be known as the Immigration and United States-
            Mexico Border Enforcement Commission (referred to in this
            section as the ``Commission'').
                (2) Purposes.--The purposes of the Commission are--
                        (A) to study the overall enforcement strategies,
                    programs and policies of Federal agencies along the
                    United States-Mexico border, including the Department
                    of Homeland Security, Justice and other relevant
                    agencies;
                        (B) to strengthen relations and collaboration
                    between communities in the border regions and the
                    Department of Homeland Security, Justice and other
                    Federal agencies that carry out such strategies,
                    programs and policies;
                        (C) to ensure the strategies, programs and policies
                    of Federal agencies along the United States-Mexico
                    border and the agents and employees charged to
                    implement them protect the due process and civil and
                    human rights of all individuals and communities at and
                    near the border; and
                        (D) to make recommendations to the President and
                    Congress with respect to such strategies, programs, and
                    policies.
                (3) Membership.--The Commission shall be composed of 16
            voting members, who shall be appointed as follows:
                        (A) The Governors of the States of California, New
                    Mexico, Arizona, and Texas shall each appoint 4 voting
                    members of whom--
                                (i) 1 shall be a local elected official
                            from the State's border region;
                                (ii) 1 shall be a local law enforcement
                            official from the State's border region; and
                                (iii) 2 shall be from the State's
                            communities of academia, religious leaders,
                            civic leaders or community leaders.
                        (B) 2 nonvoting members, of whom--
                                (i) 1 shall be appointed by the Secretary;
                            and
                                (ii) 1 shall be appointed by the Attorney
                            General.
                (4) Qualifications.--
                        (A) In general.--Members of the Commission shall
                    be--
                                (i) individuals with expertise in
                            migration, border enforcement and protection,
                            civil and human rights, community relations,
                            cross-border trade and commerce or other
                            pertinent qualifications or experience; and
                                (ii) representative of a broad cross
                            section of perspectives from the region along
                            the international border between the United
                            States and Mexico.
                        (B) Political affiliation.--Not more than 2 members
                    of the Commission appointed by each Governor under
                    paragraph (3)(A) may be members of the same political
                    party.
                        (C) Nongovernmental appointees.--An individual
                    appointed as a voting member to the Commission may not
                    be an officer or employee of the Federal Government.
                (5) Deadline for appointment.--All members of the
            Commission shall be appointed not later than 6 months after the
            enactment of this Act. If any member of the Commission
            described in paragraph (3)(A) is not appointed by such date,
            the Commission shall carry out its duties under this section
            without the participation of such member.
                (6) Term of service.--The term of office for members shall
            be for the life of the Commission, or 3 years, whichever is
            shorter.
                (7) Vacancies.--Any vacancy in the Commission shall not
            affect its powers, but shall be filled in the same manner in
            which the original appointment was made.
                (8) Meetings.--
                        (A) Initial meeting.--The Commission shall meet and
                    begin the operations of the Commission as soon as
                    practical.
                        (B) Subsequent meetings.--After its initial
                    meeting, the Commission shall meet upon the call of the
                    chairman or a majority of its members.
                        (C) Outreach.--The Commission shall formulate and
                    implement an effective outreach strategy to border
                    communities.
                (9) Quorum.--Nine members of the Commission shall
            constitute a quorum.
                (10) Chair and vice chair.--The voting members of the
            Commission shall elect a Chairman and Vice Chairman from among
            its members. The term of office shall be for the life of the
            Commission or by a vote of a minimum of quorum members of the
            Commission.
                (11) Structure.--The Review Commission will have a Federal,
            regional and local review structure, and will be divided into
            two subcommittees--one focused on border technology, equipment
            and infrastructure, and a second to focus on border and
            immigration enforcement policies and programs.
        (b) Duties.--The Commission shall review, examine, and make
    recommendations regarding immigration and border enforcement policies,
    strategies, and programs, including recommendations regarding--
                (1) the compliance of the Department of Homeland Security
            and other immigration and border-related agencies with existing
            laws and regulations;
                (2) the extent to which agency policies and practices
            protect the civil rights of migrants and border community
            residents, including but not limited to the contexts of
            engagement, detention, apprehension, use of force, definition
            and use of reasonable suspicion and probable cause, and racial
            profiling;
                (3) the frequency, adequacy and effectiveness of human and
            civil rights training of border enforcement personnel and
            others from Federal agencies who have contact with the public
            in the border regions;
                (4) the complaint process and the extent to which the
            process is transparent and accessible to the public,
            investigations are opened as necessary and effectively pursued
            and complaints are resolved in a timely and transparent manner;
                (5) the effectiveness and capacity of agency oversight,
            accountability, and management including prevention and
            disciplinary policies involving use of force, abuse,
            malfeasance, corruption and illegal activity,
                (6) the effect of operations, technology, and enforcement
            infrastructure along such border on the--
                        (A) environment;
                        (B) crossborder traffic and commerce;
                        (C) privacy rights and other civil liberties; and
                        (D) the quality of life of border communities;
                (7) the extent to which State and local law enforcement
            engage in the enforcement of Federal immigration law;
                (8) the extent of compliance with due process standards and
            equal protection of the law for immigrants and other
            individuals at and near the border;
                (9) whether border policies and agencies are accomplishing
            their stated goals; and
                (10) any other matters regarding immigration and border
            enforcement policies, strategies, and programs the Commission
            determines appropriate.
        (c) Powers of Commission.--
                (1) In general.--
                        (A) Hearings and evidence.--The Commission or, on
                    the authority of the Commission, any subcommittee or
                    member thereof, may, for the purpose of carrying out
                    this title--
                                (i) hold such hearings and sit and act at
                            such times and places, take such testimony,
                            receive such evidence, administer such oaths;
                            and
                                (ii) subject to paragraph (2)(A), require,
                            by subpoena or otherwise, the attendance and
                            testimony of such witnesses and the production
                            of such books, records, correspondence,
                            memoranda, papers, and documents, as the
                            Commission or such designated subcommittee or
                            designated member may determine advisable.
                        (B) Subpoenas.--
                                (i) Issuance.--A subpoena may be issued
                            under this subsection only--
                                        (I) by the agreement of the
                                    chairman and the vice chairman; or
                                        (II) by the affirmative vote of 6
                                    members of the Commission.
                                (ii) Signature.--Subject to clause (i),
                            subpoenas issued under this subsection may be
                            issued under the signature of the chairman or
                            any member designated by a majority of the
                            Commission, and may be served by any person
                            designated by the chairman or by a member
                            designated by a majority of the Commission.
                                (iii) Enforcement.--In the case of
                            contumacy or failure to obey a subpoena issued
                            under subsection (a), the United States
                            district court for the judicial district in
                            which the subpoenaed person resides, is served,
                            or may be found, or where the subpoena is
                            returnable, may issue an order requiring such
                            person to appear at any designated place to
                            testify or to produce documentary or other
                            evidence. Any failure to obey the order of the
                            court may be punished by the court as a
                            contempt of that court.
                (2) Recommendations.--
                        (A) The Commission has the ability to make
                    recommendations to the Secretary of Homeland Security
                    on the disposition of cases and discipline of personnel
                    under the Immigration and Naturalization Act.
                        (B) Within 180 days of receipt of a Commission
                    report, the Secretary of Homeland Security shall issue
                    a response, which shall describe how the Department of
                    Homeland Security, the Department of Justice, and the
                    Department of Defense have addressed the
                    recommendation.
                (3) Contracting.--The Commission may, to such extent and in
            such amounts as are provided in appropriation Acts, enter into
            contracts to enable the Commission to discharge its duties
            under this title.
                (4) Information from federal agencies.--
                        (A) In general.--The Commission is authorized to
                    secure directly from any executive department, bureau,
                    agency, board, commission, office, independent
                    establishment, or instrumentality of the Government,
                    information, suggestions, estimates, and statistics for
                    the purposes of this title. Each department, bureau,
                    agency, board, commission, office, independent
                    establishment, or instrumentality shall, to the extent
                    authorized by law, furnish such information,
                    suggestions, estimates, and statistics directly to the
                    Commission, upon request made by the chairman, the
                    chairman of any subcommittee created by a majority of
                    the Commission, or any member designated by a majority
                    of the Commission.
                        (B) Receipt, handling, storage, and
                    dissemination.--Information shall only be received,
                    handled, stored, and disseminated by members of the
                    Commission and its staff consistent with all applicable
                    statutes, regulations, and Executive orders.
                (5) Assistance from federal agencies.--
                        (A) General services administration.--The
                    Administrator of General Services shall provide to the
                    Commission on a reimbursable basis administrative
                    support and other services for the performance of the
                    Commission's functions.
                        (B) Other departments and agencies.--In addition to
                    the assistance prescribed in paragraph (1), departments
                    and agencies of the United States may provide to the
                    Commission such services, funds, facilities, staff, and
                    other support services as they may determine advisable
                    and as may be authorized by law.
                (6) Postal services.--The Commission may use the United
            States mails in the same manner and under the same conditions
            as departments and agencies of the United States.
        (d) Compensation.--
                (1) In general.--Members of the Commission shall serve
            without pay.
                (2) Reimbursement of expenses.--All members of the
            Commission shall be reimbursed for reasonable travel expenses
            and subsistence, and other reasonable and necessary expenses
            incurred by them in the performance of their duties.
        (e) Training.--The Commission shall establish a process and
    criteria by which Commission members receive orientation and training
    on human, constitutional and civil rights.
        (f) Report.--Not later than 2 years after the date of the first
    meeting called pursuant to (a)(8)(A), the Commission shall submit a
    report to the President and Congress that contains--
                (1) findings with respect to the duties of the Commission;
                (2) recommendations regarding border and immigration
            enforcement policies, strategies, and programs;
                (3) suggestions for the implementation of the Commission's
            recommendations; and
                (4) a recommendation as to whether the Commission should
            continue to exist after the date of termination described in
            subsection (g), and if so, a description of the purposes and
            duties recommended to be carried out by the Commission after
            such date.
        (g) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary to carry out this section.
        (h) Sunset.--Unless the Commission is re-authorized by Congress,
    the Commission shall terminate on the date that is 60 days after the
    date the Commission submits the report described in subsection (f).

    SEC. 131. PROHIBITION ON MILITARY INVOLVEMENT IN NONEMERGENCY BORDER
                  ENFORCEMENT.

        (a) In General.--The Armed Forces of the United States, including
    the National Guard, are prohibited from assisting in Federal, State and
    local and civilian law enforcement of immigration laws.
        (b) Exception.--The Armed Forces of the United States, including
    the National Guard may assist in Federal, State and local and civilian
    law enforcement of immigration laws when the President of the United
    States has declared a national emergency or when required for specific
    counter-terrorism duties. In the case that, Armed Forces of the United
    States, including the National Guard are required to perform such
    duties, those duties in support of Federal, State and local and
    civilian law enforcement of immigration laws shall be limited to--
                (1) rear echelon support duties, including logistical
            support, construction, and intelligence collection from
            positions at least 25 miles from the border;
                (2) nonarmed operations within 25 miles of the border,
            including listening posts and observation post operations; and
                (3) armed operations outside 25 miles of the border,
            including listening posts and observation post operations.
        (c) Report.--The Secretary shall submit on an annual basis a report
    to Congress that details the involvement of the Armed Forces in border
    security and the enforcement of Federal immigration laws.

    SEC. 132. DEFINITIONS.

        For sections 124 through 128:
         (a) Indian Tribe.--The term ``Indian tribe'' has the meaning given
    such term in section 4 of the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 450b).
        (b) Secretary Concerned.--The term ``Secretary concerned'' means
    the Secretary of Agriculture with respect to land under the
    jurisdiction of the Secretary of Agriculture, the Secretary of the
    Interior with respect to land under the jurisdiction of the Secretary
    of the Interior, the Secretary of Defense with respect to land under
    the jurisdiction of the Secretary of Defense or the secretary of a
    military department, or the Secretary of Commerce with respect to land
    under the jurisdiction of the Secretary of Commerce.

    SEC. 133. BORDER PROTECTION STRATEGY.

        (a) In General.--Not later than September 30, 2010, the Secretary,
    the Secretary of the Interior, the Secretary of Agriculture, the
    Secretary of Defense, and the Secretary of Commerce, in consultation
    with tribal, State, and local officials, shall jointly develop and
    submit to Congress a border protection strategy for the international
    land borders of the United States.
        (b) Elements of the Strategy.--The strategy developed in accordance
    with subsection (a) shall include the following components:
                (1) A comparative analysis of the levels of operational
            control, based on auditable and verifiable data, achievable
            through alternative tactical infrastructure and other security
            measures. Measures assessed shall include, at a minimum--
                        (A) pedestrian fencing;
                        (B) vehicle barriers, especially in the vicinity of
                    existing or planned roads;
                        (C) additional Border Patrol agents;
                        (D) efficacy of natural barriers and open space in
                    response to unauthorized or unlawful border crossing;
                        (E) fielding of advanced remote sensing and
                    information integration technology, including the use
                    of unmanned aerial vehicles and other advanced
                    technologies and systems, including systems developed
                    and employed, or under development, for tactical
                    surveillance, multisource information integration, and
                    response analysis in difficult terrain and under
                    adverse environmental conditions;
                        (F) regional as well as urban and rural variation
                    in border security methodologies, and incorporation of
                    natural barriers;
                        (G) enhanced cooperation with, and assistance to,
                    intelligence, security, and law enforcement agencies in
                    Mexico and Canada in detecting, reporting, analyzing,
                    and successfully responding to unauthorized or unlawful
                    border crossings from or into Mexico or Canada; and
                        (H) removal of obstructive non-native vegetation.
                (2) A comprehensive analysis of cost and other impacts of
            security measures assessed in paragraph (1), including an
            assessment of--
                        (A) land acquisition costs, including related
                    litigation and other costs;
                        (B) construction costs, including both labor and
                    material costs;
                        (C) maintenance costs over 25 years;
                        (D) contractor costs;
                        (E) management and overhead costs;
                        (F) the impacts on wildlife, wildlife habitat,
                    natural communities, and functioning cross-border
                    wildlife migration corridors and hydrology (including
                    water quantity, quality, and natural hydrologic flows)
                    on Federal, tribal, State, local, and private lands
                    along the border; and
                        (G) costs of fully mitigating the adverse impacts
                    to Federal, tribal, State, local, and private lands,
                    waters (including water quality, quantity, and
                    hydrological flows), wildlife, and wildlife habitats,
                    including, where such action is possible, the full
                    costs of the replacement or restoration of severed
                    wildlife migration corridors with protected corridors
                    of equivalent biological functionality, as determined
                    by each Secretary concerned, in consultation with
                    appropriate authorities of tribal, State, and local
                    governments and appropriate authorities of Mexico and
                    Canada.
                (3) A comprehensive compilation of the fiscal investments
            in acquiring or managing Federal, tribal, State, local, and
            private lands and waters in the vicinity of, or ecologically
            related to, the land borders of the United States that have
            been acquired or managed in whole or in part for conservation
            purposes (including the creation or management of protected
            wildlife migration corridors) in--
                        (A) units of the National Park System;
                        (B) National Forest System land;
                        (C) land under the jurisdiction of the Bureau of
                    Land Management;
                        (D) land under the jurisdiction of the United
                    States Fish and Wildlife Service;
                        (E) other relevant land under the jurisdiction of
                    the Department of the Interior or the Department of
                    Agriculture;
                        (F) land under the jurisdiction of the Department
                    of Defense or the individual military department;
                        (G) land under the jurisdiction of the Department
                    of Commerce;
                        (H) tribal lands;
                        (I) State and private lands; and
                        (J) lands within Mexico and Canada.
                (4) Recommendations for strategic border security
            management based on comparative security as detailed in
            paragraph (1), the cost-benefit analysis as detailed in
            paragraph (2), as well as protection of investments in public
            lands specified in paragraph (3).
        (c) Training.--
                (1) Required training.--The Secretary, in cooperation with
            the Secretary concerned, shall provide--
                        (A) natural resource protection training for
                    Customs and Border Protection agents or other Federal
                    personnel assigned to plan or oversee the construction
                    or operation of border security tactical infrastructure
                    or to patrol land along or in the vicinity of a land
                    border of the United States; and
                        (B) cultural resource training for Customs and
                    Border Protection agents and other Federal personnel
                    assigned to plan or oversee the construction or
                    operation of border security tactical infrastructure or
                    to patrol tribal lands.
                (2) Additional considerations.--In developing and providing
            training under subparagraph (A) of paragraph (1), the Secretary
            shall coordinate with the Secretary concerned and the relevant
            tribal government to ensure that such training is appropriate
            to the mission of the relevant agency and is focused on
            achieving border security objectives while avoiding or
            minimizing the adverse impact on natural and cultural resources
            resulting from border security tactical infrastructure,
            operations, or other activities.

    SEC. 134. ACTIONS TO FURTHER SECURE OPERATIONAL CONTROL OF THE
                  INTERNATIONAL LAND BORDERS OF THE UNITED STATES.

        (a) In General.--Section 102 of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103
    note) is amended to read as follows:

    ``SEC. 102. IMPROVEMENT OF OPERATIONAL CONTROL OF BORDER.

        ``(a) In General.--The Secretary of Homeland Security shall take
    such actions as may be required to gain operational control of the
    international land borders of the United States. Such actions may be
    taken only in accordance with the border protection strategy developed
    under section 124(a).
        ``(b) Priority of Methods.--In carrying out the requirements of
    subsection (a), the Secretary of Homeland Security shall, where
    practicable, give first priority to the use of remote cameras, sensors,
    removal of nonnative vegetation, incorporation of natural barriers,
    additional manpower, unmanned aerial vehicles, or other low impact
    border enforcement techniques.
        ``(c) Consultation.--
                ``(1) In general.--In carrying out this section, the
            Secretary of Homeland Security shall consult with the Secretary
            of the Interior, the Secretary of Agriculture, the Secretary of
            Defense, Secretary of Commerce, States, local governments,
            tribal governments, and private property owners in the United
            States to minimize the impact on the environment, culture,
            commerce, safety, and quality of life for the communities and
            residents located near the sites at which actions under
            subsection (a) are proposed to be taken.
                ``(2) Rule of construction.--Nothing in this subsection may
            be construed to--
                        ``(A) create or negate any right of action for a
                    State, local government, tribal government, or other
                    person or entity affected by this subsection;
                        ``(B) affect the eminent domain laws of the United
                    States or of any State; or
                        ``(C) waive the application of any other applicable
                    Federal, State, local, or tribal law.
                ``(3) Limitation on requirements.--Notwithstanding
            subsection (a), nothing in this section shall require the
            Secretary of Homeland Security to install fencing, physical
            barriers, roads, lighting, cameras, or sensors in a particular
            location along an international border of the United States if
            the Secretary determines that the use or placement of such
            resources is not the most effective and appropriate means to
            achieve and maintain operational control over the international
            border at such location, or if the Secretary determines that
            the direct and indirect costs of or the impacts on the
            environment, culture, commerce, safety, or quality of life for
            the communities and residents along the border likely to result
            from the use or placement of such resources outweigh the
            benefits of such use or placement.''.
        (b) Preconditions.--In fulfilling the requirements of section 102
    of the Illegal Immigration Reform and Immigrant Responsibility Act of
    1996, as amended by this section, the Secretary of Homeland Security
    shall not commence any construction of fencing, physical barriers,
    roads, lighting, cameras, sensors, or other tactical infrastructure
    along or in the vicinity of an international land border of the United
    States, or award or expend funds pursuant to any contract or other
    agreement related thereto, prior to 90 days following the submission to
    Congress of the border protection strategy required under section
    133(a) of this subtitle.

    SEC. 135. BORDERLANDS MONITORING AND MITIGATION.

        (a) In General.--The Secretary, in consultation with the Secretary
    of the Interior, the Secretary of Agriculture, the Secretary of
    Defense, the Secretary of Commerce, and the heads of appropriate State
    and tribal wildlife agencies and entities, shall develop and implement
    a comprehensive monitoring and mitigation plan to address the
    ecological and environmental impacts of border security infrastructure,
    measures, and activities along the international land borders of the
    United States.
        (b) Requirements.--The mitigation plan required under subsection
    (a) shall include, at a minimum, measures to address and mitigate the
    full range of ecological and environmental impacts of border security
    infrastructure, measures, and activities, including--
                (1) preserving, maintaining, and, if necessary, restoring
            wildlife migration corridors, key habitats, and the
            ecologically functional connectivity between and among key
            habitats sufficient to ensure that species (whether or not
            designated as rare, protected, or of concern) remain viable and
            are able to adapt to the impacts of climate change;
                (2) addressing control of invasive species and implementing
            measures necessary to avoid the spread of such species;
                (3) maintaining hydrological functionality, including water
            quantity and quality;
                (4) incorporating adaptive management, including detailed
            provisions for long-term monitoring of the mitigation plan's
            effectiveness and for necessary adjustments to such plan based
            on such monitoring results; and
                (5) protection of cultural and historical resources.
        (c) Preemption.--
                (1) In general.--Notwithstanding any other provision of
            law, the Secretary may, subject to paragraph (2), carry out the
            mitigation plan required under subsection (a) on any Federal,
            State, local, tribal, or private lands in the vicinity of or
            ecologically related to an international land border of the
            United States regardless of which individual, agency, or entity
            has ownership of or principal responsibility for the management
            of any such lands.
                (2) Conditions.--Activities carried out pursuant to
            paragraph (1) in connection with the mitigation plan shall be
            carried out in full consultation with, and with the concurrence
            of, the owner of, or entity with principal responsibility for,
            the management of the lands described in such paragraph.
        (d) Administration.--
                (1) Authorization.--The Secretary of Homeland Security may
            transfer funds of the Department of Homeland Security to other
            Federal agencies for--
                        (A) expenditure under programs (including any
                    international programs) of such agencies that are
                    designed to fund conservation related activities
                    (directly or through grants or similar mechanisms) on
                    non-Federal lands, including land acquisition programs;
                    and
                        (B) mitigation activities on Federal lands managed
                    by such agencies, if such activities are required to
                    implement the mitigation plan required under subsection
                    (a) and if the costs of such activities are higher than
                    the costs associated with managing such lands in the
                    absence of such activities.
                (2) Exemption from reprogramming requirements.--Funds
            transferred pursuant to the authorization under paragraph (1)
            shall not be subject to reprogramming requirements.
                (3) Acceptance and use of donations.--The Secretary may
            accept and use donations for the purpose of developing and
            implementing the mitigation plan required under subsection (a),
            and may transfer such funds to any other Federal agency for
            expenditure under such plan pursuant to paragraph (1).
        (e) Authorization of Appropriations.--Notwithstanding any other
    provision of law, funds appropriated to the Department of Homeland
    Security for border security infrastructure and activities may be used
    by the Secretary to develop and implement the mitigation plan required
    under subsection (a).

    SEC. 136. BORDER COMMUNITIES LIAISON OFFICE.

        (a) Establishment.--The Secretary shall establish, in consultation
    with the Office of Civil Rights and Civil Liberties, a Border
    Communities Liaison Office in every border patrol sector at the
    southern and northern borders.
        (b) Purpose.--The purpose of the Border Communities Liaison Office
    shall be--
                (1) to foster and institutionalize consultation with border
            communities;
                (2) to consult with border communities on agency policies,
            directives and laws;
                (3) to consult with border communities on agency strategies
            and strategy development;
                (4) to consult with border communities on agency services
            and operational issues;
                (5) to receive assessments on agency performance from
            border communities; and
                (6) to receive complaints regarding agency performance and
            agent conduct.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.

    SEC. 137. OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES AND OFFICE OF
                  INSPECTOR GENERAL.

        There are authorized to be appropriated such sums as are necessary
    for the Department's Office of Inspector General and the Department's
    Office of Civil Rights and Civil Liberties to be comparable to those of
    other Federal agencies and commensurate with the size and scope of the
    DHS operational budget.

    SEC. 138. IMPROVING PORTS OF ENTRY FOR BORDER SECURITY AND OTHER
                  PURPOSES.

        (a) In General.--There are authorized to be appropriated to the
    Administrator of the General Services Administration such sums as may
    be necessary for each of fiscal years 2011 through 2015 to make
    improvements to existing ports of entry in the United States to improve
    border security and for other purposes.
        (b) Priority.--In making improvements described in subsection (a),
    the Administrator of the General Services Administration, in
    coordination with the Commissioner of Customs and Border Protection,
    shall give priority to the ports of entry that the Administrator
    determines are in most need of repair to improve border security and
    for other purposes in accordance with port of entry infrastructure
    assessment studies required in section 603 of title VI, division E, of
    the Consolidated Appropriations Act of 2008 (Public Law 101-161).

    SEC. 139. PORTS OF ENTRY.

        (a) In General.--In order to aid in the enforcement of Federal
    customs, immigration, and agriculture laws, and national security goals
    the Customs and Border Protection Commissioner may--
                (1) design, construct, and modify land ports of entry and
            other structures and facilities, including living quarters for
            officers, agents, and personnel;
                (2) acquire, by purchase, donation, or exchange, land or
            any interest in land determined to be necessary to carry out
            the Commissioner's duties under this section; and
                (3) construct additional ports of entry along the southern
            border and the northern border.
        (b) Consultation.--
                (1) Locations for new ports of entry.--The Secretary of
            Homeland Security shall consult with the Secretary of the
            Interior, the Secretary of Agriculture, the Secretary of State,
            the International Boundary and Water Commission, the
            International Joint Commission, and appropriate representatives
            of States, local governments, Indian tribes, and property
            owners to--
                        (A) determine locations for new ports of entry; and
                        (B) minimize adverse impacts from such ports on the
                    environment, historic and cultural resources, commerce,
                    and quality of life for the communities and residents
                    located near such ports.
                (2) Acquisition of leasehold interest.--The Secretary of
            Homeland Security may acquire a leasehold interest in real
            property, and may construct or modify any facility on the
            leased property, if the Secretary determines that the
            acquisition of such interest, and such construction or
            modification, are necessary to facilitate the implementation of
            this Act.
                (3) Construction of border control facilities.--Subject to
            the availability of appropriations, the Secretary may construct
            all-weather roads and acquire additional vehicle barriers and
            facilities necessary to maintain and enhance operational
            control of the international borders of the United States.

    SEC. 140. PORTS OF ENTRY INFRASTRUCTURE AND OPERATIONS ASSESSMENT
                  STUDY.

        (a) Requirement To Update.--Not later than January 31 of each year,
    the Administrator of General Services shall update the Port of Entry
    Infrastructure and Operations Assessment Study prepared by United
    States Customs and Border Protection in accordance with the matter
    relating to the ports of entry infrastructure assessment that is set
    out in the joint explanatory statement in the conference report
    accompanying H.R. 2490 of the 106th Congress, 1st session (House of
    Representatives Rep. No. 106-319, on page 67) and submit such updated
    study to Congress.
        (b) Consultation.--In preparing the updated studies required in
    subsection (a), the Administrator of General Services shall consult
    with the Director of the Office of Management and Budget, the
    Secretary, and the Commissioner of U.S. Customs and Border Protection.
        (c) Content.--Each updated study required in subsection (a) shall--
                (1) identify port of entry infrastructure and technology
            improvement projects that would enhance border security and
            facilitate the flow of legitimate travel and commerce if
            implemented;
                (2) identify port operations and practices (to include, but
            not be limited to training and staffing levels) that would
            enhance border security and facilitate the flow of legitimate
            individual travel and commerce if implemented;
                (3) establish a process to identify and prioritize needs at
            ports for shelter from the elements, Americans with Disability
            Act compliance, and related issues;
                (4) include the projects identified in the National Land
            Border Ports of Entry Security Plan required by section 141;
            and
                (5) prioritize the projects described in paragraphs (1),
            (2), (3), and (4) based on the ability of a project to--
                        (A) fulfill immediate security requirements;
                        (B) facilitate trade across the borders of the
                    United States;
                        (C) facilitate individual travel; and
                        (D) reduce individual and commercial wait times for
                    pedestrians and vehicles.
        (d) Project Implementation.--The Commissioner shall implement the
    infrastructure, operations, and technology improvement projects
    described in subsection (c) in the order of priority assigned to each
    project under paragraph (3) of such subsection.
        (e) Divergence From Priorities.--The Commissioner may diverge from
    the priority order if the Commissioner determines that significantly
    changed circumstances, such as immediate security needs or changes in
    infrastructure in Mexico or Canada, compellingly alter the need for a
    project in the United States.

    SEC. 141. NATIONAL LAND BORDER PORTS OF ENTRY SECURITY PLAN.

        (a) In General.--Not later than one year after the date of
    enactment of this Act, and annually thereafter, the Secretary, after
    consultation with representatives of Federal, State, and local law
    enforcement agencies and private entities that are involved in
    international trade across Northern or Southern ports of entry, shall
    submit a National Land Border Ports of Entry Security Plan to Congress.
        (b) Vulnerability Assessment.--
                (1) In general.--The plan required in subsection (a) shall
            include a vulnerability assessment of each port of entry
            located on the northern border or the southern border.
                (2) Port security coordinators.--The Secretary may
            establish 1 or more port security coordinators at each port of
            entry located on the northern border or the southern border--
                        (A) to assist in conducting a vulnerability
                    assessment at such port; and
                        (B) to provide other assistance with the
                    preparation of the plan required in subsection (a).

    SEC. 142. PORTS OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

        (a) Demonstration Program.--The Secretary shall carry out a
    technology demonstration program to--
                (1) test and evaluate new port of entry technologies;
                (2) refine port of entry technologies and operational
            concepts; and
                (3) train personnel under realistic conditions.
        (b) Technology and Facilities.--
                (1) Technology testing.--Under the technology demonstration
            program, the Secretary shall test technologies that enhance
            port of entry operations, including operations related to--
                        (A) inspections;
                        (B) communications;
                        (C) port tracking;
                        (D) identification of persons and cargo;
                        (E) sensory devices;
                        (F) personal detection;
                        (G) decision support; and
                        (H) the detection and identification of weapons,
                    including weapons of mass destruction.
                (2) Development of facilities.--At a demonstration site
            selected pursuant to subsection (c)(2), the Secretary shall
            develop facilities to provide appropriate training to law
            enforcement personnel who have responsibility for border
            security, including--
                        (A) cross-training among agencies;
                        (B) advanced law enforcement training; and
                        (C) equipment orientation.
        (c) Demonstration Sites.--
                (1) Number.--The Secretary shall carry out the
            demonstration program at not less than three sites and not more
            than five sites.
                (2) Selection criteria.--To ensure that at least 1 of the
            facilities selected as a port of entry demonstration site for
            the demonstration program has the most up-to-date design,
            contains sufficient space to conduct the demonstration program,
            has a traffic volume low enough to easily incorporate new
            technologies without interrupting normal processing activity,
            and is able to efficiently carry out demonstration and port of
            entry operations, at least 1 port of entry selected as a
            demonstration site shall--
                        (A) have been established not more than 15 years
                    before the date of enactment of this Act;
                        (B) consist of not less than 65 acres, with the
                    possibility of expansion to not less than 25 adjacent
                    acres; and
                        (C) have serviced an average of not more than
                    50,000 vehicles per month during the one-year period
                    ending on the date of enactment of this Act.
        (d) Relationship With Other Agencies.--The Secretary shall permit
    personnel from an appropriate Federal or State agency to utilize a
    demonstration site described in subsection (c) to test technologies
    that enhance port of entry operations, including technologies described
    in subparagraphs (A) through (H) of subsection (b)(1).
        (e) Report.--
                (1) Requirement.--Not later than one year after the date of
            enactment of this Act, and annually thereafter, the Secretary
            shall submit to Congress a report on the activities carried out
            at each demonstration site under the technology demonstration
            program established under this section.
                (2) Content.--The report submitted under paragraph (1)
            shall include an assessment by the Secretary of the feasibility
            of incorporating any demonstrated technology for use throughout
            United States Customs and Border Protection.

    SEC. 143. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH
                  AMERICAN SECURITY.

        (a) Requirement for Reports.--Not later than one year after the
    date of enactment of this Act, and annually thereafter, the Secretary
    of State, in coordination with the Secretary and the heads of other
    appropriate Federal agencies, shall submit to Congress a report on the
    status of improvements to information exchange related to the security
    of North America.
        (b) Contents.--Each report submitted under subsection (a) shall
    contain a description of the following:
                (1) Security clearances and document integrity.--The status
            of the development of common enrollment, security, technical,
            and biometric standards for the issuance, authentication,
            validation, and repudiation of secure documents, including--
                        (A) technical and biometric standards based on best
                    practices and consistent with international standards
                    for the issuance, authentication, validation, and
                    repudiation of travel documents, including--
                                (i) passports;
                                (ii) visas; and
                                (iii) permanent resident cards;
                        (B) working with Canada and Mexico to encourage
                    foreign governments to enact laws to combat alien
                    smuggling and trafficking, and laws to forbid the use
                    and manufacture of fraudulent travel documents; and
                        (C) applying the necessary pressures and support to
                    ensure that other countries meet proper travel document
                    standards and are committed to travel document
                    verification before the citizens of such countries
                    travel internationally, including travel by such
                    citizens to the United States.
                (2) Immigration and visa management.--The progress of
            efforts to share information regarding high-risk individuals
            who may attempt to enter Canada, Mexico, or the United States,
            including the progress made--
                        (A) in implementing the Statement of Mutual
                    Understanding on Information Sharing, signed by Canada
                    and the United States in February 2003; and
                        (B) in identifying trends related to immigration
                    fraud, including asylum and document fraud, and to
                    analyze such trends.
                (3) Visa policy coordination and immigration security.--The
            progress made by Canada, Mexico, and the United States to
            enhance the security of North America by cooperating on visa
            policy and identifying best practices regarding immigration
            security, including the progress made--
                        (A) in enhancing consultation among officials who
                    issue visas at the consulates or embassies of Canada,
                    Mexico, or the United States throughout the world to
                    share information, trends, and best practices on visa
                    flows;
                        (B) in comparing the procedures and policies of
                    Canada and the United States related to visitor visa
                    processing, including--
                                (i) application process;
                                (ii) interview policy;
                                (iii) general screening procedures;
                                (iv) visa validity;
                                (v) quality control measures; and
                                (vi) access to appeal or review;
                        (C) in exploring methods for Canada, Mexico, and
                    the United States to waive visa requirements for
                    nationals and citizens of the same foreign countries;
                        (D) in developing and implementing an immigration
                    security strategy for North America that works toward
                    the development of a common security perimeter by
                    enhancing technical assistance for programs and systems
                    to support advance automated reporting and risk
                    targeting of international passengers;
                        (E) in sharing information on lost and stolen
                    passports on a real-time basis among immigration or law
                    enforcement officials of Canada, Mexico, and the United
                    States; and
                        (F) in collecting 10 fingerprints from each
                    individual who applies for a visa.
                (4) North american visitor overstay program.--The progress
            made by Canada and the United States in implementing parallel
            entry-exit tracking systems that, while respecting the privacy
            laws of both countries, share information regarding third
            country nationals who have overstayed their period of
            authorized admission in either Canada or the United States.
                (5) Terrorist watch lists.--The status of the capacity of
            the United States to combat terrorism through the coordination
            of counterterrorism efforts, including any progress made--
                        (A) in developing and implementing bilateral
                    agreements between Canada and the United States and
                    between Mexico and the United States to govern the
                    sharing of terrorist watch list data and to
                    comprehensively enumerate the uses of such data by the
                    governments of each country;
                        (B) in establishing appropriate linkages among
                    Canada, Mexico, and the United States Terrorist
                    Screening Center;
                        (C) in exploring with foreign governments the
                    establishment of a multilateral watch list mechanism
                    that would facilitate direct coordination between the
                    country that identifies an individual as an individual
                    included on a watch list, and the country that owns
                    such list, including procedures that satisfy the
                    security concerns and are consistent with the privacy
                    and other laws of each participating country; and
                        (D) in establishing transparent standards and
                    processes that enable innocent individuals to remove
                    their names from a watch list.
                (6) Money laundering, currency smuggling, and alien
            smuggling.--The progress made in improving information sharing
            and law enforcement cooperation in combating organized crime,
            including the progress made--
                        (A) in combating currency smuggling, money
                    laundering, alien smuggling, and trafficking in
                    alcohol, firearms, and explosives;
                        (B) in determining the feasibility of formulating a
                    firearms trafficking action plan between Mexico and the
                    United States;
                        (C) in developing a joint threat assessment on
                    organized crime between Canada and the United States;
                        (D) in determining the feasibility of formulating a
                    joint threat assessment on organized crime between
                    Mexico and the United States;
                        (E) in developing mechanisms to exchange
                    information on findings, seizures, and capture of
                    individuals transporting undeclared currency; and
                        (F) in developing and implementing a plan to combat
                    the transnational threat of illegal drug trafficking.
                (7) Law enforcement cooperation.--The progress made in
            enhancing law enforcement cooperation among Canada, Mexico, and
            the United States through enhanced technical assistance for the
            development and maintenance of a national database built upon
            identified best practices to identify suspected criminals or
            terrorists, including exploring the formation of law
            enforcement teams that include personnel from the United States
            and Mexico, and appropriate procedures for such teams.

    SEC. 144. SOUTHERN BORDER SECURITY TASK FORCE.

        (a) Establishment.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Homeland Security shall
    establish a Southern Border Security Task Force (in this Act referred
    to as the ``Task Force'') to coordinate the efforts of Federal, State,
    and local border and law enforcement officials and task forces to
    protect United States border cities and communities from violence
    associated with drug trafficking, gunrunning, illegal alien smuggling,
    violence, and kidnapping along and across the international border
    between the United States and Mexico.
        (b) Composition and Deployment.--
                (1) Composition.--The Task Force shall be comprised of
            personnel from--
                        (A) United States Customs and Border Protection;
                        (B) United States Immigration and Customs
                    Enforcement;
                        (C) the Coast Guard;
                        (D) other Federal agencies, as appropriate;
                        (E) southern border State law enforcement agencies;
                    and
                        (F) local law enforcement agencies from affected
                    southern border cities and communities.
                (2) Deployment.--The Secretary of Homeland Security shall
            deploy the Task Force along the international border between
            the United States and Mexico in cities and communities most
            affected by violence, as determined by the Secretary.
        (c) Director.--The Secretary of Homeland Security shall appoint as
    a Director of the Task Force an individual who is experienced and
    knowledgeable in law enforcement generally and border security issues
    specifically.
        (d) Report.--Not later than 180 days after the date of the
    establishment of the Task Force under subsection (a) and annually
    thereafter, the Secretary of Homeland Security shall submit to the
    Committee on Homeland Security of the House of Representatives and the
    Committee on Homeland Security and Governmental Affairs of the Senate a
    report on the effectiveness of the Task Force in reducing the drug
    trafficking, gunrunning, illegal alien smuggling, violence, and
    kidnapping along and across the international border between the United
    States and Mexico as measured by crime statistics, including violent
    deaths, incidents of violence, and drug related arrests.
        (e) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary of Homeland Security $10,000,000 for each
    of fiscal years 2010 through 2014--
                (1) to establish and operate the Task Force, including to
            provide for operational, administrative, and technological
            costs to Federal, State, and local law enforcement agencies
            participating in the Task Force; and
                (2) to investigate, apprehend, and prosecute individuals
            engaged in drug trafficking, gunrunning, illegal alien
            smuggling, violence, and kidnapping along and across the
            international border between the United States and Mexico.

    SEC. 145. COOPERATION WITH THE GOVERNMENT OF MEXICO.

        (a) Cooperation Regarding Border Security.--The Secretary of State,
    in cooperation with the Secretary and representatives of Federal,
    State, and local law enforcement agencies that are involved in border
    security and immigration enforcement efforts, shall work with the
    appropriate officials from the Government of Mexico to improve
    coordination between the United States and Mexico regarding--
                (1) improved border security along the international border
            between the United States and Mexico;
                (2) the reduction of human trafficking and smuggling
            between the United States and Mexico;
                (3) the reduction of drug trafficking and smuggling between
            the United States and Mexico;
                (4) the reduction of gang membership in the United States
            and Mexico;
                (5) the reduction of violence against women in the United
            States and Mexico; and
                (6) the reduction of other violence and criminal activity.
        (b) Cooperation Regarding Education on Immigration Laws.--The
    Secretary of State, in cooperation with other appropriate Federal
    officials, shall work with the appropriate officials from the
    Government of Mexico to carry out activities to educate citizens and
    nationals of Mexico regarding eligibility for status as a nonimmigrant
    under Federal law to ensure that the citizens and nationals are not
    exploited while working in the United States.
        (c) Cooperation Regarding Circular Migration.--The Secretary of
    State, in cooperation with the Secretary of Labor and other appropriate
    Federal officials, shall work with the appropriate officials from the
    Government of Mexico to improve coordination between the United States
    and Mexico to encourage circular migration, including assisting in the
    development of economic opportunities and providing job training for
    citizens and nationals in Mexico.
        (d) Consultation Requirement.--Federal, State, and local
    representatives in the United States shall work to cooperate with their
    counterparts in Mexico concerning border security structures along the
    international border between the United States and Mexico, as
    authorized by this title, in order to--
                (1) solicit the views of affected communities;
                (2) lessen tensions; and
                (3) foster greater understanding and stronger cooperation
            on this and other important security issues of mutual concern.
        (e) Annual Report.--Not later than 180 days after the date of
    enactment of this Act, and annually thereafter, the Secretary of State
    shall submit to Congress a report on the actions taken by the United
    States and Mexico under this section.

    SEC. 146. ENHANCED INTERNATIONAL COOPERATION.

        (a) In General.--The Attorney General, in cooperation with the
    Secretary of State, shall--
                (1) assign agents of the Bureau of Alcohol, Tobacco,
            Firearms, and Explosives to the United States mission in
            Mexico, to work with Mexican law enforcement agencies in
            conducting investigations relating to firearms trafficking and
            other criminal enterprises;
                (2) provide the equipment and technological resources
            necessary to support investigations and to trace firearms
            recovered in Mexico; and
                (3) support the training of Mexican law enforcement
            officers in serial number restoration techniques, canine
            explosive detection, and anti-trafficking tactics.
        (b) Authorization of Appropriations.--There is authorized to be
    appropriated $9,500,000 for each of fiscal years 2011 and 2012 to carry
    out this section.

    SEC. 147. EXPANSION OF COMMERCE SECURITY PROGRAMS.

        (a) Customs-trade Partnership Against Terrorism.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Commissioner, in consultation with
            the Secretary, shall develop a plan to expand the programs of
            the Customs-Trade Partnership Against Terrorism established
            pursuant to section 211 of the SAFE Port Act (6 U.S.C. 961),
            including adding additional personnel for such programs, along
            the northern border and southern border, including the
            following programs:
                        (A) The Business Anti-Smuggling Coalition.
                        (B) The Carrier Initiative Program.
                        (C) The Americas Counter Smuggling Initiative.
                        (D) The Container Security Initiative established
                    pursuant to section 205 of the SAFE Port Act (6 U.S.C.
                    945).
                        (E) The Free and Secure Trade Initiative.
                        (F) Other industry partnership programs
                    administered by the Commissioner.
                (2) Southern border demonstration program.--Not later than
            180 days after the date of enactment of this Act, the
            Commissioner shall implement, on a demonstration basis, at
            least 1 Customs-Trade Partnership Against Terrorism program,
            which has been successfully implemented along the northern
            border, along the southern border.
        (b) Demonstration Program.--Not later than 180 days after the date
    of enactment of this Act, the Commissioner shall establish a
    demonstration program to develop a cooperative trade security system to
    improve supply chain security.

    SEC. 148. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--In addition to any funds otherwise available,
    there are authorized to be appropriated such sums as may be necessary
    for the fiscal years 2011 through 2015 to carry out this subtitle.
        (b) International Agreements.--Amounts appropriated pursuant to the
    authorization of appropriations in subsection (a) may be used for the
    implementation of projects described in the Declaration on Embracing
    Technology and Cooperation to Promote the Secure and Efficient Flow of
    People and Commerce across our Shared Border between the United States
    and Mexico, agreed to March 22, 2002, Monterrey, Mexico or the Smart
    Border Declaration between the United States and Canada, agreed to
    December 12, 2001, Ottawa, Canada that are consistent with the
    provisions of this subtitle.

                             Subtitle B--Detention

    SEC. 151. DEFINITIONS.

        In this subtitle:
                (1) Detention.--The term ``detention'', in the context of
            an immigration-related enforcement activity, means government
            custody or any other deprivation of an individual's freedom of
            movement by government agents.
                (2) Detention facility.--The term ``detention facility''
            means any Federal, State, local government facility, or
            privately owned and operated facility that is used to hold
            immigration detainees for more than 72 hours.
                (3) Short-term detention facility.--The term ``short-term
            detention facility'' means any Federal, State, local government
            facility, or privately owned and operated facility that is used
            to hold immigration detainees for 72 hours or less.
                (4) Immigration-related enforcement activity.--The term
            ``immigration-related enforcement activity'' means any
            government action in which--
                        (A) an individual suspected of an immigration
                    violation is detained for such violation; or
                        (B) an individual who has been detained by
                    government agents is questioned about possible
                    immigration violations.
                (5) Secure alternatives programs.--The term ``secure
            alternatives'' means custodial or non-custodial programs under
            which aliens are screened and provided with appearance
            assistance services or placed in supervision programs as needed
            to ensure they appear at all immigration interviews,
            appointments and hearings.
                (6) Unaccompanied alien children.--The term ``unaccompanied
            alien child or children'' shall be defined as found in section
            462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))
                (7) Apprehension.--The term ``apprehension'', in the
            context of an immigration enforcement related activity, means
            government detention, arrest, or custody, or any significant
            deprivation of an individuals freedom of action by government
            officials or entities acting under agreement with the
            Department of Homeland Security for suspicion of violations
            under the Immigration and Nationality Act (8 U.S.C. 1101 et
            seq.).
                (8) SSA.--The term ``SSA'' means the appropriate State or
            local service agency, including relevant nongovernmental
            organizations, child welfare agencies, child protective service
            agencies, school and head start administrators, mental health
            and legal service providers, and hospitals.

    SEC. 152. DETENTION CONDITIONS.

        (a) In General.--The Secretary shall--
                (1) ensure that all detainees are treated humanely and
            granted the protections described in this section; and
                (2) comply with the minimum requirements set forth in this
            section.
        (b) Quality of Medical Care.--
                (1) Right to medical care.--Each detainee has the right
            to--
                        (A) prompt and adequate medical care, designed to
                    ensure continuity of care, at no cost to the detainee;
                        (B) care to address medical needs that existed
                    prior to detention; and
                        (C) primary care, emergency care, chronic care,
                    prenatal care, dental care, eye care, mental health
                    care, and other medically necessary specialized care.
                (2) Screenings and examinations.--Each detainee shall
            receive--
                        (A) a comprehensive medical, dental, and mental
                    health intake screening, including screening for sexual
                    abuse or assault by a licensed health care professional
                    upon arrival at a detention facility or short-term
                    detention facility; and
                        (B) a comprehensive medical and mental health
                    examination by a licensed health care professional not
                    later than 14 days after the detainee's arrival at a
                    detention facility.
                (3) Medications and treatment.--
                        (A) Prescriptions.--Each detainee taking prescribed
                    medications prior to detention shall be allowed to
                    continue taking such medications, on schedule and
                    without interruption, until and unless a licensed
                    health care professional examines the immigration
                    detainee and decides upon an alternative course of
                    treatment. Detainees who arrive at a detention facility
                    without prescription medications and report being on
                    such medications shall be evaluated by a qualified
                    health care professional not later than 24 hours after
                    arrival. All decisions to discontinue or modify a
                    detainee's reported prescription medication regimen
                    shall be conveyed to the detainee in a language that
                    the detainee understands and shall be recorded in
                    writing in the detainee's medical records.
                        (B) Psychotropic medication.--Medication may not be
                    forcibly administered to a detainee to facilitate
                    transport, removal, or otherwise to control the
                    detainee's behavior. Involuntary psychotropic
                    medication may only be used, to the extent authorized
                    by applicable law, in emergency situations after a
                    physician has personally examined the detainee and
                    determined that--
                                (i) the detainee is imminently dangerous to
                            self or others due to a mental illness; and
                                (ii) involuntary psychotropic medication is
                            medically appropriate to treat the mental
                            illness and necessary to prevent harm.
                        (C) Treatment.--Each detainee shall be provided
                    medically necessary treatment, including prenatal care,
                    prenatal vitamins, hormonal therapies, and birth
                    control. Female detainees shall be provided with
                    adequate access to sanitary products.
                (4) Medical care decisions.--Any decision regarding
            requested medical care for a detainee--
                        (A) shall be made in writing by an on-site licensed
                    health care professional not later than 72 hours after
                    such medical care is requested; and
                        (B) shall be immediately communicated to the
                    detainee.
                (5) Administrative appeals process.--
                        (A) In general.--Detention facilities, in
                    conjunction with the Department of Homeland Security,
                    shall ensure that detainees, medical providers, and
                    legally appointed advocates have the opportunity to
                    appeal a denial of requested health care services by an
                    on-site provider to an independent appeals board.
                        (B) Appeals board.--The appeals board shall include
                    health care professionals in the fields relevant to the
                    request for medical or mental health care.
                        (C) Decision.--Not later than 7 days after an
                    appeal is received by the appeals board under this
                    paragraph, or earlier if medically necessary, the
                    appeals board shall issue a written decision regarding
                    the appeal and notify the detention facility and the
                    appellee of such decision.
                (6) Review of on-site medical provider requests.--
                        (A) In general.--The Secretary shall respond within
                    72 hours to any request by an on-site medical provider
                    for authorization to provide medical or mental health
                    care to a detainee.
                        (B) Written explanation.--If the Secretary denies
                    or fails to grant a request described in subparagraph
                    (A), the Secretary shall immediately provide a written
                    explanation of the reasons for such decision to the on-
                    site medical provider and the detainee.
                        (C) Appeals board.--The on-site medical provider
                    and the detainee (or the detainee's legally appointed
                    advocate) shall be permitted to appeal the denial of,
                    or failure to grant, a request described in
                    subparagraph (A) to an independent appeals board.
                        (D) Decision.--Not later than 7 days after an
                    appeal is received by the appeals board under this
                    paragraph, or earlier if medically necessary, the
                    appeals board shall issue a written decision regarding
                    the appeal and notify the on-site medical provider, the
                    detainee, and the detention facility of such decision.
                (7) Conditional release.--
                        (A) In general.--If a licensed health care
                    professional determines that a detainee has a medical
                    or mental health care condition, is pregnant, or is a
                    nursing mother, the Secretary shall consider releasing
                    the detainee on parole, on bond, or into a secure
                    alternatives program.
                        (B) Reevaluation.--If a detainee described in
                    subparagraph (A) is not initially released under this
                    paragraph, the Secretary shall periodically reevaluate
                    the situation of the detainee to determine if such a
                    release would be appropriate.
                        (C) Discharge planning.--Upon removal or release,
                    all detainees with medical or mental health conditions
                    and women who are pregnant, post-natal, and nursing
                    mothers shall receive discharge planning to ensure
                    continuity of care for a reasonable period of time.
                (8) Medical records.--
                        (A) In general.--The Secretary shall maintain
                    complete, confidential medical records for every
                    detainee and make such records available to a detainee
                    or to individuals authorized by the detainee not later
                    than 72 hours after receiving a request for such
                    records.
                        (B) Transfer of medical records.--Immediately upon
                    a detainee's transfer between detention facilities, the
                    detainee's complete medical records, including any
                    transfer summary, shall be provided to the receiving
                    detention facility.
        (c) Access to Telephones.--Detention facilities shall provide to
    detainees reasonable and equitable access to working telephones, and
    the ability to contact, through confidential toll-free numbers, legal
    representatives, family courts, child protective services, foreign
    consulates, the immigration courts, Federal and state courts in which
    the detainee is, or may become, involved in a legal proceeding, the
    Board of Immigration Appeals, nongovernmental organizations designated
    by the Secretary, all government immigration agencies and adjudicatory
    bodies including the Office of the Inspector General of the Department
    of Homeland Security and the Office for Civil Rights and Civil
    Liberties of the Department of Homeland Security, in addition to
    persons and offices contacted for the purpose of obtaining legal
    representation. Detention facilities shall provide to detainees access
    to telephones during facility working hours and on an emergency basis
    in accordance with the following:
                (1) The detention facility shall provide to each detainee a
            copy of its rules governing telephone access and shall post
            those rules, together with an explanation of how to make calls,
            within sight of each telephone available to detainees. These
            rules shall be translated into Spanish and two additional
            languages spoken by a substantial part of the detainee
            population of the detention facility. If a detention facility
            has determined that more than 5 percent of its population is of
            a certain language group, the document should be translated
            into that language group's appropriate language. The detention
            facility shall also provide oral interpretation and written
            translation assistance to detainees in reading any relevant
            materials required to request telephone access, including oral
            interpretation assistance for those who are not literate in
            English, Spanish, and other languages spoken by the detainee
            population of the facility.
                (2) The rates charged for telephone calls shall be
            reasonable and equitable and shall not significantly impair
            detainees' access to telephones.
                (3) The detention facility shall not restrict the number of
            calls detainees may place to their legal representatives or
            consular officials, or to any others for the purpose of
            obtaining legal representation, or limit the duration of those
            calls by rule or automatic cut-off, unless necessary for
            security reasons. The detention facility shall have a
            reasonable number of working phones available to detainees, and
            at a minimum one phone per each 25 users.
                (4) The detention facility shall ensure the privacy of
            telephone conversations between detainees and legal
            representatives or consular officials, and calls made for the
            purpose of obtaining legal representation. Means to ensure
            privacy may include the use of privacy panels, the placement of
            phones in housing pods, and other appropriate measures.
                (5) Detainees' telephone calls to a court, legal
            representative, or consular official, or for the purpose of
            obtaining legal representation, shall not be monitored or
            recorded without a court order and without prior notification
            to the detainee.
                (6) The detention facility shall take and deliver telephone
            messages to detainees as promptly as possible, but no less
            often than twice a day. Detainees shall be permitted to make
            confidential telephone calls promptly within 8 hours of receipt
            of messages left by a court, legal representative, prospective
            legal representative, or consular official as soon as
            reasonably possible after the delivery of the message.
        (d) Sexual Abuse Regulations Concerning Care and Custody of
    Detainees.--
                (1) In general.--Detention facilities shall take all
            necessary measures to prevent sexual abuse of detainees,
            including sexual assaults, and shall observe the minimum
            standards under the Prison Rape Elimination Act of 2003 (42
            U.S.C. 15601 et seq.).
                (2) Measures where abuse occurs.--Where sexual abuse
            occurs, detention facilities shall ensure that--
                        (A) prompt and appropriate medical intervention is
                    taken to minimize medical and psychological trauma;
                        (B) a medical history is taken and a physical
                    examination is conducted by qualified and culturally
                    appropriate licensed medical professionals to determine
                    the extent of physical injury and whether referral to
                    another medical facility is indicated;
                        (C) prophylactic treatment and follow-up for
                    sexually transmitted diseases are provided within the
                    appropriate time frame;
                        (D) the case is evaluated by a qualified and
                    culturally appropriate mental health professional for
                    crisis intervention counseling and long-term follow-up;
                        (E) victims are separated from their abusers and
                    are considered for release on parole or for an
                    alternative to detention program--
                                (i) shall not result in the transfer of the
                            victim away from counsel absent expectional
                            circumstances; and
                                (ii) shall never result in the placement of
                            the victim in solitary confinement; and
                        (F) any and all medical and mental health records
                    arising out of a detainee's allegation of sexual abuse
                    shall be treated as confidential, as required by the
                    Health Insurance Portability and Accountability Act of
                    1996.
                (3) Reporting.--A detention facility shall not subject any
            person to punishment or any other form of retaliation for
            reporting incidents of sexual abuse.
                (4) Investigation.--In all cases of alleged sexual abuse,
            the detention facility shall conduct a thorough and timely
            investigation and shall provide to the Secretary of Homeland
            Security a report of the circumstances and the response of the
            detention facility. If the report is not completed within 30
            days after alleged sexual abuse comes to the attention of the
            detention facility, the detention facility shall submit to the
            Secretary of Homeland Security a description of the status of
            the investigation and an estimated date of completion 30 days
            after the alleged sexual abuse comes to the attention of the
            detention facility and every 30 days thereafter until the
            report is provided to the Secretary of Homeland Security. The
            report required by this subsection shall include at minimum a
            determination of whether the alleged sexual abuse occurred, an
            in-depth analysis of the relevant facts including the causes of
            any sexual abuse that may have occurred and whether and to what
            extent the alleged abuse indicates a failure of policy, a
            failure of training, a failure of oversight, or a failure of
            management, and a description of the actions that the facility
            will take to prevent the occurrence of similar incidents in the
            future and a plan for monitoring the implementation of those
            actions. The detention facility shall provide to the Secretary
            of Homeland Security periodic reports monitoring the
            implementation of the plan in accordance with the schedule set
            forth in such plan as approved by the Secretary of Homeland
            Security.
        (e) Transfer of Detainees.--
                (1) Procedures.--In adopting procedures governing the
            transfer of individuals detained under the Immigration and
            Nationality Act (8 U.S.C. 1226), the Secretary of Homeland
            Security shall prohibit transfer of a detainee if such transfer
            would--
                        (A) negatively affect an existing attorney-client
                    relationship;
                        (B) negatively affect the detainee's legal
                    proceedings, including merits or calendar hearings, or
                    a pending application with United States Citizenship
                    and Immigration Services or the Executive Office for
                    Immigration Review, by--
                                (i) limiting the detainee's access to
                            securing legal representation;
                                (ii) limiting the detainee's ability to
                            prepare a legal defense to removal; or
                                (iii) removing the detainee from the legal
                            venue of such proceeding;
                        (C) negatively affect the detainee's health and
                    medical fitness; or
                        (D) to the extent it does not conflict with clauses
                    (i), (ii), and (iii)--
                                (i) place the detainee in a location more
                            distant from the detainee's residence than the
                            original detention location; or
                                (ii) place the detainee in a location more
                            distant from family members than the original
                            detention location.
                (2) Notice.--Unless exigent circumstances dictate an
            immediate transfer--
                        (A) the Secretary of Homeland Security shall
                    provide not less than 72 hours notice to any detainee
                    prior to transferring the detainee to another detention
                    facility;
                        (B) detainees shall be afforded at least one toll-
                    free call and the Secretary of Homeland Security shall
                    notify the detainee's legal representative or if
                    unrepresented, an adult family member or other person
                    designated by the detainee, of the transfer and the
                    detainee's new location by telephone and in writing;
                        (C) if removal proceedings are pending, the
                    Secretary of Homeland Security shall also promptly
                    notify the Immigration Court, Board of Immigration
                    Appeals, or the Circuit Court of Appeals, as
                    appropriate of the transfer and the detainee's new
                    address; and
                        (D) the Secretary of Homeland Security shall not
                    transfer any detainee who has already requested, and is
                    awaiting, a bond hearing or a bond redetermination
                    hearing.
                (3) Exception.--The Secretary may transfer a detainee who
            has an existing attorney-client relationship to an alternate
            detention facility if such transfer is necessitated by a highly
            unusual emergency, such as a natural disaster or comparable
            emergency.
                (4) Protecting detainees legal rights.--If the Secretary
            determines that a transfer is necessary due to a highly unusual
            emergency, the Secretary shall ensure that the detainee's legal
            rights are not prejudiced and the existing attorney-client
            relationship is not impaired, including evaluating the location
            of the detention facility based on it proximity to the
            detainee's counsel or nongovernmental or pro bono organizations
            providing free or low cost immigration legal services.
                (5) Record.--In cases in which a detainee is transferred,
            the Secretary shall make a record of the reasons and
            circumstances necessitating such transfer.

    SEC. 153. SPECIFIC DETENTION REQUIREMENTS FOR SHORT-TERM DETENTION
                  FACILITIES.

        (a) Access to Basic Needs, People, and Property.--
                (1) Basic needs.--All detainees in short-term detention
            facilities shall receive--
                        (A) potable water;
                        (B) food, if detained for more than 5 hours;
                        (C) basic toiletries, diapers, sanitary products,
                    and blankets;
                        (D) access to bathroom facilities; and
                        (E) access to telephones.
                (2) People.--The Secretary shall provide consular officials
            with access to detainees held at any short-term detention
            facility. Detainees shall be afforded reasonable access to a
            licensed health care professional. The Secretary shall ensure
            that nursing mothers in such facilities have access to their
            children.
                (3) Property.--Any property belonging to a detainee that
            was confiscated by an official of the Department of Homeland
            Security shall be returned to the detainee upon repatriation or
            transfer.
        (b) Protections for Children.--
                (1) Qualified staff.--The Secretary shall ensure that
            adequately trained and qualified staff are stationed at each
            major port of entry at which, during the most recent 2 fiscal
            years, an average of not fewer than 50 unaccompanied alien
            children per year have been held by United States Customs and
            Border Protection, such staff shall include--
                        (A) independent licensed social workers dedicated
                    to ensuring the proper temporary care for the children
                    while in the custody of United States Customs and
                    Border Protection; and
                        (B) agents charged primarily with the safe, swift,
                    and humane transportation of such children to the
                    custody of the Office of Refugee Resettlement.
                (2) Specific rights.--The social workers described in
            paragraph (1)(A) shall ensure that each unaccompanied alien
            child--
                        (A) receives emergency medical care;
                        (B) receives mental health care in case of trauma;
                        (C) has access to psychosocial health services;
                        (D) is provided with--
                                (i) a pillow, linens, and sufficient
                            blankets to rest at a comfortable temperature;
                            and
                                (ii) a bed and mattress placed in an area
                            specifically designated for residential use;
                        (E) receives adequate nutrition;
                        (F) enjoys a safe and sanitary living environment;
                        (G) receives educational materials; and
                        (H) has access to at least 3 hours of indoor and
                    outdoor recreational programs and activities per day.
        (c) Confidentiality.--
                (1) In general.--The Secretary of Health and Human Services
            shall maintain the privacy and confidentiality of all
            information gathered in the course of providing care, custody,
            placement, and follow-up services to unaccompanied alien
            children and separated children as defined in section 164(c),
            consistent with the best interest of such children, by not
            disclosing such information to other government agencies or
            nonparental third parties, except as provided under paragraph
            (2).
                (2) Limited disclosure of information.--The Secretary may
            only disclose information regarding an unaccompanied alien
            child if--
                        (A) the child authorizes such disclosure and such
                    is consistent with the child's best interest; or
                        (B) the disclosure is to a duly recognized law
                    enforcement entity and is necessary to prevent imminent
                    and serious harm to another individual.
                (3) Written record.--All disclosures under paragraph (2)
            shall be duly recorded in writing and placed in the child's
            file.

    SEC. 154. RULEMAKING AND ENFORCEMENT.

        (a) Regulations.--
                (1) Notice of proposed rulemaking.--Not later than 60 days
            after the date of the enactment of this Act, the Secretary
            shall issue a notice of proposed rulemaking regarding the
            implementation of this Act.
                (2) Final regulations.--Not later than 180 days after the
            date of the enactment of this Act, the Secretary shall
            promulgate regulations, which shall be binding upon all
            detention facilities and short-term detention facilities, to
            ensure that the detention requirements under sections 142 and
            143 are fully implemented and enforced and that all facilities
            comply with the regulations.
        (b) Enforcement.--
                (1) In general.--The Secretary shall enforce all
            regulations and standards promulgated under subsection (a). Not
            later than 180 days after the date of the enactment of this
            Act, the Secretary shall issue guidance to detention facilities
            and short-term detention facilities to ensure compliance with
            all the detention requirements under sections 142 and 143.
                (2) Investigation.--
                        (A) Grievances.--Each detainee has the right to
                    file grievances with the staff of detention facilities,
                    short-term detention facilities, and the Department of
                    Homeland Security, and shall be protected from
                    retaliation for exercising such right.
                        (B) Review.--The Secretary shall--
                                (i) review any grievance or other complaint
                            containing evidence that a detention facility
                            or short-term detention facility has violated
                            any requirement under this Act;
                                (ii) issue a determination in writing to
                            the complainant indicating the Secretary's
                            findings regarding the alleged violation not
                            later than 30 days after receiving such
                            complaint;
                                (iii) remedy any violation not later than
                            30 days after issuing a determination under
                            clause (ii); and
                                (iv) promptly advise the complainant of the
                            remedy referred to in clause (iii).
                        (C) Written response.--If the Secretary issues a
                    written response under subparagraph (B)(ii) indicating
                    that no violation has occurred, such response shall
                    constitute final agency action for the purposes of
                    section 702 of title 5, United States Code.
                (3) Penalties.--The Secretary shall enforce compliance with
            the detention requirements under sections 142 and 143 by--
                        (A) imposing financial penalties upon detention
                    facilities and short-term detention facilities that are
                    not in compliance with such requirements; and
                        (B) terminating the contracts of such facilities if
                    such noncompliance persists.
                (4) Compliance officer.--
                        (A) Designation.--Each detention facility and
                    short-term detention facility shall designate an
                    officer to ensure compliance with the provisions of
                    this Act.
                        (B) Duties.--Each officer designated under
                    subparagraph (A) shall--
                                (i) investigate all evidence pertaining to
                            a violation of this Act; and
                                (ii) if a violation is identified, remedy
                            the violation within 30 days.
                        (C) Judicial review.--A detainee may not seek
                    judicial review of the detention facility's
                    determination until after the passage of the 30-day
                    period, except where irreparable harm would result.
        (c) Rule of Construction.--Nothing in this section may be construed
    to preclude review of noncompliance with this Act under--
                (1) section 1331 or 2241 of title 28, United States Code;
            or
                (2) section 1979 of the Revised Statutes (42 U.S.C. 1983).
        (d) Punitive Damages.--No individual may seek punitive damages for
    any violation under this Act.

    SEC. 155. IMMIGRATION DETENTION COMMISSION.

        (a) Appointment.--The Secretary shall appoint and convene an
    Immigration Detention Commission (referred to in this section as the
    ``Commission''), which shall be comprised of--
                (1) experts from United States Immigration and Customs
            Enforcement, United States Customs and Border Protection, the
            Office of Refugee Resettlement, and the Division of Immigration
            Health Services of the Department of Health and Human Services;
            and
                (2) independent experts, in a number equal to the number of
            experts appointed under paragraph (1), from nongovernmental
            organizations and intergovernmental organizations with
            expertise in working on behalf of detainees and other
            vulnerable populations.
        (b) Duties.--The Commission shall conduct independent
    investigations, and evaluate and report on the compliance of detention
    facilities, short-term detention facilities, and the Department of
    Homeland Security with the detention requirements under sections 142
    and 143.
        (c) Biennial Reports.--Not later than 60 days after the end of the
    first fiscal year beginning after the date of the enactment of this
    Act, and every 2 years thereafter, the Commission shall submit a report
    containing the findings of its investigations and evaluations under
    subsection (b) to--
                (1) the Committee on the Judiciary of the Senate;
                (2) the Committee on Homeland Security and Governmental
            Affairs of the Senate;
                (3) the Committee on the Judiciary of the House of
            Representatives; and
                (4) the Committee on Homeland Security of the House of
            Representatives.

    SEC. 156. DEATH IN CUSTODY REPORTING REQUIREMENT.

        (a) In General.--If an individual dies while in the custody of the
    Department of Homeland Security or en route to or from such custody--
                (1) the supervising official at the detention facility or
            short-term detention facility at which the death took place
            shall immediately notify the Secretary of such death; and
                (2) not later than 48 hours after receiving a notification
            under paragraph (1), the Secretary shall report the death to--
                        (A) the Office of the Inspector General of the
                    Department of Homeland Security; and
                        (B) the Department of Justice.
        (b) Morbidity and Mortality Review.--The Department of Homeland
    Security shall complete an investigation of each detainee death that
    shall be conducted consistent with established medical practice for
    morbidity and mortality reviews and examine both individual and
    systemic contributors to the death. The investigation shall be
    conducted by a panel of physicians with experience in morbidity and
    mortality reviews and shall include the medical staff of the facility
    or facilities that cared for the deceased detainee, physicians from
    within the Department, and independent physicians not affiliated with
    the Department or facility. The panel shall complete a report and
    corrective action plan in each case.
        (c) Report to Congress.--Not later than 60 days after the end of
    each fiscal year, the Secretary shall submit a report containing
    detailed information regarding all the deaths of individuals in the
    custody of the Department of Homeland Security during the preceding
    fiscal year to the committees set forth in section 155(c).
        (d) Contents.--The reports submitted under subsection (a)(2) and
    subsection (c) shall include--
                (1) the name, gender, race, ethnicity, and age of the
            deceased;
                (2) the date, time, and location of death;
                (3) the law enforcement agency that detained, arrested, or
            was in the process of arresting the deceased;
                (4) a description of the circumstances surrounding the
            death;
                (5) the status and results of any investigation that has
            been conducted into the circumstances surrounding the death;
            and
                (6) all medical records of the deceased.

    SEC. 157. PROTECTION OF COMMUNITY-BASED ORGANIZATIONS, FAITH-BASED
                  ORGANIZATIONS AND OTHER INSTITUTIONS.

        (a) In General.--The Secretary shall issue regulations requiring
    officials of the Department of Homeland Security to--
                (1) prohibit the apprehension of persons on the premises or
            in the immediate vicinity of--
                        (A) a childcare provider;
                        (B) a school;
                        (C) a legal-service provider;
                        (D) a Federal court or State court proceeding;
                        (E) an administrative proceeding;
                        (F) a funeral home;
                        (G) a cemetery;
                        (H) a college, university, or community college;
                        (I) a victim services agency;
                        (J) a social service agency;
                        (K) a hospital or emergency care center;
                        (L) a health care clinic;
                        (M) a place of worship;
                        (N) a day care center;
                        (O) a head start center;
                        (P) a school bus stop;
                        (Q) a recreation center;
                        (R) a mental health facility; and
                        (S) a community center; and
                (2) tightly control investigative operations at the
            locations described in paragraph (1).
        (b) Notice to Appear.--The Secretary shall amend the Notice to
    Appear form to include a statement that no immigration enforcement
    activity was undertaken in any of the locations described in subsection
    (a)(1).

    SEC. 158. APPREHENSION PROCEDURES FOR IMMIGRATION-RELATED ENFORCEMENT
                  ACTIVITIES.

        (a) In General.--Any immigration-related enforcement activity
    engaged in by the Department of Homeland Security or by other entities
    under agreement with the Department of Homeland Security for alleged
    violations under the Immigration and Nationality Act (8 U.S.C. 1101 et
    seq.), which results in the apprehension of at least 1 alien shall be
    carried out in accordance with the procedures described in this
    section.
        (b) Apprehension Procedures.--The Department of Homeland Security
    and entities under agreement with the Department of Homeland Security
    shall--
                (1) conduct an initial review of each individual
            apprehended in an immigration-related enforcement activity to
            ascertain whether such individual may be a United States
            citizen, a lawful permanent resident of the United States, or
            an alien lawfully present in the United States;
                (2) if an individual claims to be a United States citizen,
            a lawful permanent resident of the United States, or an alien
            lawfully present in the United States, ensure that personnel of
            the Department of Homeland Security or personnel under
            agreement with the Department of Homeland Security investigates
            the individual's claims and considers the individual for
            release under section 160(c);
                (3) notify SSAs of such immigration-related enforcement
            activity not later than 24 hours before the commencement of
            such activity, specifically notifying the SSAs of--
                        (A) the specific area of the State that will be
                    affected; and
                        (B) the languages anticipated may be spoken by
                    individuals at the targeted site;
                (4) if such immigration-related enforcement activities
            cannot be planned more than 24 hours in advance, notify SSAs in
            a timely fashion before the activity commences or, if this is
            not possible, immediately following the commencement of such
            activity;
                (5) provide SSAs with ongoing confidential access to
            individuals apprehended by the Department of Homeland Security
            or any entity operating under agreement with the Department of
            Homeland Security within six hours of the individual's
            apprehension, to assist the Department of Homeland Security in
            determining if he or she is a member of a vulnerable population
            as described in section 160(a)(2);
                (6) notify local law enforcement of the specific area of
            the State that will be affected by such immigration-related
            enforcement activity not later than 24 hours before the
            commencement of such activity or, if such immigration-related
            enforcement activity cannot be planned more than 24 hours in
            advance, notify local law enforcement in a timely fashion
            before the activity commences, or if this is not possible,
            immediately following the commencement of such activity;
                (7) provide all Department of Homeland Security personnel,
            personnel from entities under agreement with the Department of
            Homeland Security participating, SSAs, and medical personnel
            with detailed instructions on what steps to take if they
            encounter individuals who are a member of a vulnerable
            population;
                (8) ensure that not fewer than one independent certified
            interpreter who is fluent in Spanish or any language other than
            English spoken by more than 5 percent of the target population
            of the immigration-related enforcement activity is available
            for in-person translation for every 5 individuals targeted by
            an immigration-related enforcement activity, and that the
            Department of Homeland Security and entities operating under
            agreement with the Department of Homeland Security utilize
            appropriate translation services where interpreters cannot or
            have not been retained prior to commencement of an immigration-
            related enforcement activity;
                (9) permit nonprofit legal service providers,
            organizations, and attorneys to offer free legal services to
            individuals subject to an immigration-related enforcement
            activity at the time of the apprehension of such individuals;
            and
                (10) permit access to a telephone within 6 hours after an
            individual is detained.

    SEC. 159. PROTECTIONS AGAINST UNLAWFUL DETENTIONS OF UNITED STATES
                  CITIZENS.

        (a) Notifications.--
                (1) In general.--Prior to questioning an individual who has
            been detained on the basis of a suspected immigration violation
            or has been detained during an immigration-related enforcement
            activity, a Department of Homeland Security or other officer
            must first advise the detainee, in the language spoken by the
            detainee that--
                        (A) the detainee has the right to be represented by
                    counsel at no expense to the Federal Government;
                        (B) the detainee may remain silent; and
                        (C) any statement made by the detainee may be used
                    against the detainee in a subsequent removal or
                    criminal proceeding.
                (2) Effect of violation.--Any evidence obtained by an
            officer from a detainee in violation of paragraph (1) may not
            be--
                        (A) admissible in a removal proceeding against the
                    detainee; or
                        (B) used to confirm that the detainee is a
                    noncitizen for purposes of issuing an immigration
                    detainer.
        (b) Legal Orientation Program.--
                (1) In general.--The Attorney General, in consultation with
            the Secretary, shall ensure that all detained aliens who are
            in, or may be subject to, detention by the Department of
            Homeland Security, Immigration and Customs Enforcement, and who
            are, or may be, in EOIR Immigration Court proceedings pursuant
            to sections 235, 238, 240, and 241 of the Immigration and
            Nationality Act receive legal orientation through a program
            administered and implemented by the Executive Office of
            Immigration Review of the Department of Justice.
                (2) Content of the program.--The legal orientation program
            developed pursuant to this section shall be based on the Legal
            Orientation Program carried out by the Executive Office for
            Immigration Review on the date of the enactment of this Act.
                (3) Authorization of appropriations.--There are authorized
            to be appropriated such sums as may be necessary to carry out
            suchlegal orientation program.
        (c) Access to Counsel.--
                (1) In general.--An individual who is subject to or
            detained during an immigration-related enforcement activity may
            be represented by legal counsel at any time.
                (2) List of free legal services.--The examining officer
            shall, in the language spoken by the individual being
            detained--
                        (A) provide the individual, prior to transferring
                    the individual from the point of apprehension to the
                    detention facility for an immigration-related violation
                    with a list of available free or low-cost legal
                    services provided by organizations and attorneys that
                    are located in the region in which the arrest occurred;
                    and
                        (B) certify on the Notice to Appear issued to such
                    individual that such a list was provided to the
                    individual.
                (3) Amendment.--Section 236 of the Immigration and
            Nationality Act (8 U.S.C. 1226) is amended--
                        (A) by redesignating subsection (e) as subsection
                    (l);
                        (B) by redesignating subsections (b), (c), (d), and
                    (e) as subsections (f), (g), and (h), and (i)
                    respectively; and
                        (C) by inserting before subsection (l), as
                    redesignated, the following:
        ``(k) Right of Access to Counsel.--An individual may be represented
    by counsel of the individual's choosing while being subject to any
    immigration-related enforcement activity, including--
                ``(1) interviews;
                ``(2) processing appointments;
                ``(3) booking or intake questions;
                ``(4) hearings; and
                ``(5) any procedure that may result in a conclusion that
            the detainee will be detained or removed from the United
            States.''.
        (d) Representation of Disabled Aliens; Access to Counsel.--The
    Attorney General shall ensure that any alien with a legal, mental or
    physical disability that prevents him from meaningfully representing
    himself in proceedings shall have counsel, including counsel appointed
    by the Attorney General at the expense of the Government.
        (e) Notice.--
                (1) Amendment.--Section 236 of such Act, as amended by
            subsection (b)(3), is further amended by inserting before
            subsection (k), the following:
        ``(j) Notice and Charges.--
                ``(1) In general.--Not later than 48 hours after the
            commencement of a detention of an individual under this
            section, the Secretary of Homeland Security shall--
                        ``(A) file a Notice to Appear or other relevant
                    charging document with the immigration court closest to
                    the location at which the individual was apprehended;
                    and
                        ``(B) serve such notice or charging document on the
                    individual.
                ``(2) Custody determination.--Any individual who is
            detained under this section for more than 48 hours shall be
            brought before an immigration judge for a custody determination
            not later than 72 hours after the commencement of such
            detention unless the individual waives the right in accordance
            with paragraph (3).
                ``(3) Waiver.--The requirements of this subsection may be
            waived for not more than 7 days if the detainee--
                        ``(A) enters into a written agreement with the
                    Department of Homeland Security to waive such
                    requirements; and
                        ``(B) is prima facie eligible for immigration
                    benefits or demonstrates prima facie eligibility for a
                    defense against removal.''.
                (2) Applicability of other law.--Nothing in section 236(f)
            of the Immigration and Nationality Act, as added by paragraph
            (1), may be construed to repeal section 236A of such Act (8
            U.S.C. 1226a).
        (f) Issuance of Detainers.--
                (1) In general.--Section 287(d) is amended by adding at the
            end the following: ``The alien and his or her attorney in the
            criminal proceeding shall be provided with a written notice of
            the detainer indicating the intention of the Secretary to
            assume custody of the alien upon completion of the pending
            criminal proceedings. The written notice shall include
            information about the specific basis for issuing the detainer
            and instructions about how individuals can challenge a detainer
            lodged in error. Where the state or federal criminal court has
            granted pre-trial release, and the alien has complied with
            conditions of such release, DHS shall not take custody of the
            alien until resolution of the pending criminal charges. The
            existence of a detainer shall not be used as a basis for
            denying pre-trial release. This section is the sole authority
            for issuance of immigration detainers.''.
                (2) Rulemaking.--The Secretary shall issue regulations that
            require officials of the Department of Homeland Security to
            confirm, before issuing a detainer, the alienage of the
            individual to be made subject to such detainer. The regulations
            shall require officials of the Department of Homeland Security
            to confirm--
                        (A) the alienage of an individual through lawfully
                    obtained information, including the name of the
                    individual; the date of birth of the individual; or the
                    fingerprints of the individual; and
                        (B) whether the individual is removable from the
                    United States.
                (3) Data collection.--The Secretary of Homeland Security
            shall collect data regarding detainers issued under section
            287(d) of the Immigration and Nationality Act (8 U.S.C.
            1357(d)) including--
                        (A) the criminal charge for which the individual
                    was arrested and/or convicted;
                        (B) the date the detainer was issued;
                        (C) the basis for issuance of the detainer;
                        (D) the date(s) the detainer was lifted;
                        (E) the date(s) of release of the individual
                    ordered by a State or Federal criminal court or other
                    government entity;
                        (F) the date that DHS took custody of the
                    individual;
                        (G) the race and ethnicity and country of origin of
                    the individual against whom the detainer was issued;
                        (H) the disposition of criminal case;
                        (I) the ultimate disposition of immigration case or
                    whether individual was discovered to be a United States
                    citizen;
                        (J) the grounds of removal if applicable and any
                    charges brought by the Secretary; and
                        (K) the number of individuals removed after the
                    Secretary took custody while any criminal matter was
                    still pending.
                (4) Report on detainers.--On a yearly basis beginning one
            year after the date of the enactment of this Act, the Secretary
            of Homeland Security shall report the results of the
            Secretary's data collection to the Department of Homeland
            Security Inspector General, the Department of Justice Civil
            Rights Division, Congress, and the Department of Homeland
            Security Office of Civil Rights and Civil Liberties for
            purposes of ascertaining the extent to which detainers are
            erroneously lodged against individuals who are United States
            citizens or not deportable, how often individuals remain in
            detention unlawfully past the expiration of the detainer,
            whether detainers are lodged disproportionately against certain
            ethnicities, whether the lodging of detainers results in longer
            incarceration times, and whether detainers are lodged for an
            investigatory purpose to investigate criminal activity instead
            of placing individuals in removal proceedings.
                (5) Authorization of appropriations.--There are authorized
            to be appropriated such sums as may be necessary to carry out
            this section for each of fiscal years 2008 through 2012 to
            carry out this section.

    SEC. 160. BASIC PROTECTIONS FOR VULNERABLE POPULATIONS.

        (a) Vulnerable Populations.--
                (1) In general.--Not later than 48 hours after the
            commencement of an immigration-related enforcement activity,
            the Department of Homeland Security shall screen each detainee
            to determine whether the detainee is a member of a vulnerable
            population.
                (2) Vulnerable populations.--A member of a vulnerable
            population includes any of the following:
                        (A) Individuals with a nonfrivolous claim to United
                    States citizenship.
                        (B) Individuals who have a disability or have been
                    determined by a medically trained professional to have
                    medical or mental health needs.
                        (C) Pregnant or nursing women.
                        (D) Individuals who are detained with 1 or more of
                    their children, and their detained children.
                        (E) Individuals who provide financial, physical,
                    and other direct support to their minor children,
                    parents, or other dependents.
                        (F) Individuals who are at least 65 years of age.
                        (G) Children (as defined in section 101(b)(1) of
                    the Immigration and Nationality Act (8 U.S.C.
                    1101(b)(1))).
                        (H) Victims of abuse, violence, crime, or human
                    trafficking.
                        (I) Individuals who have been referred for a
                    credible fear interview, a reasonable fear interview,
                    or an asylum hearing.
                        (J) Stateless individuals.
                        (K) Individuals who have applied or intend to apply
                    for asylum, withholding of removal, or protection under
                    the Convention Against Torture and Other Cruel, Inhuman
                    or Degrading Treatment or Punishment, done at New York,
                    December 10, 1984, and entered into force June 26,
                    1987.
                        (L) Individuals who make a prima facie case for
                    eligibility for relief under any provision of the
                    Immigration and Nationality Act (8 U.S.C. 1101 et
                    seq.), including returning lawful permanent residents.
                        (M) Any group designated by the Secretary as a
                    vulnerable population.
        (b) Options Regarding Detention Decisions for Vulnerable
    Populations.--Section 236 of the Immigration and Nationality Act, as
    amended by this Act, is further amended--
                (1) in subsection (a)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``(c)'' and inserting ``(g)''; and
                        (B) in paragraph (2)--
                                (i) in subparagraph (A), by striking ``or''
                            at the end;
                                (ii) in subparagraph (B), by striking
                            ``but'' and inserting ``or''; and
                                (iii) by adding at the end the following:
                        ``(C) the individual's own recognizance;'';
                        (C) by redesignating paragraph (3) as paragraph
                    (4); and
                        (D) by inserting after paragraph (2) the following:
                ``(3) may enroll the alien in a secure alternatives
            program; but''; and
                (2) by inserting after subsection (a) the following:
        ``(b) Detention Decision Standards.--
                ``(1) Criteria to be considered.--If an alien is not
            subject to mandatory detention under subsection (g) or section
            236A, the criteria that the Secretary or the Attorney General
            shall use to demonstrate that detention of the alien is
            necessary are the following:
                        ``(A) Whether the alien poses a risk to public
                    safety, including a risk to national security.
                        ``(B) Whether--
                                ``(i) the alien poses a risk of flight; and
                                ``(ii) there are no conditions of release
                            that will reasonably ensure that the alien will
                            appear for immigration proceedings, including
                            bond or other conditions of release that reduce
                            the risk of flight.
                ``(2) Exception for mandatory detainees.--The requirements
            described in paragraph (1) shall not apply if the Secretary of
            Homeland Security demonstrates by substantial evidence that the
            alien is subject to detention under subsection (g).
        ``(c) Custody Decisions for Vulnerable Populations.--
                ``(1) In general.--Not later than 72 hours after an
            individual is detained under this section (unless the 72-hour
            requirement is waived in writing by the individual), an
            individual who is a member of a vulnerable population (as
            defined by section 5(a)(3) of the Protect Citizens and
            Residents from Unlawful Detention Act) shall be released from
            the custody of the Department of Homeland Security and shall
            not be subject to electronic monitoring unless the Department
            demonstrates by a preponderance of the evidence that the
            individual--
                        ``(A) is subject to mandatory custody or mandatory
                    detention under subsection (g) or section 236A;
                        ``(B) poses a risk to the national security of the
                    United States; or
                        ``(C) is a flight risk and the risk cannot be
                    mitigated through supervision in a non-custodial secure
                    alternatives program.
                ``(2) Release.--An individual shall be released from
            custody under this subsection--
                        ``(A) on the individual's own recognizance;
                        ``(B) by posting a minimum bond under subsection
                    (a)(2)(a); or
                        ``(C) on parole in accordance with section
                    212(d)(5)(A).
        ``(d) Decisions To Detain Aliens.--
                ``(1) In general.--All detention decisions under this
            section shall--
                        ``(A) be made in writing by an official of the
                    Department of Homeland Security;
                        ``(B) specify the reasons for the decision, if the
                    decision is made to continue the detention without bond
                    or parole; and
                        ``(C) be served upon the detainee, in the language
                    spoken by the alien, not later than 72 hours after--
                                ``(i) the commencement of the detention; or
                                ``(ii) a positive determination of credible
                            fear of persecution or reasonable fear of
                            persecution or torture, if the detainee is
                            subject to section 235 or 241(a)(5).
                ``(2) Redetermination.--
                        ``(A) Request.--Any alien detained by the
                    Department of Homeland Security, at any time after
                    being served with the decision described in paragraph
                    (1)(A), may request a redetermination of such decision
                    by an immigration judge.
                        ``(B) Other decisions.--All custody decisions by
                    the Secretary of Homeland Security shall be subject to
                    redetermination by an immigration judge.
                        ``(C) Savings provision.--Nothing in this paragraph
                    may be construed to prevent a detainee from requesting
                    a bond redetermination.
        ``(e) Secure Alternatives Programs.--
                ``(1) In general.--The Secretary of Homeland Security shall
            establish secure alternatives programs to ensure public safety
            and appearances at immigration proceedings.
                ``(2) Contract authority.--The Secretary shall contract
            with nongovernmental organizations to conduct screening of
            detainees, provide appearance assistance services, and operate
            community-based supervision programs.
                ``(3) Individualized determinations.--When deciding whether
            to use secure alternatives, the Secretary shall make an
            individualized determination and review each case on a monthly
            basis.
                ``(4) Custody.--If an individual is not eligible for
            release from custody, the Secretary shall consider the alien
            for placement in secure alternatives that maintain custody over
            the alien, including the use of electronic ankle devices. The
            Secretary may use secure alternatives programs to maintain
            custody over any alien detained under this Act except for
            aliens detained under section 236A.''.

    SEC. 161. REPORT ON PROTECTIONS FOR VULNERABLE POPULATIONS IMPACTED BY
                  IMMIGRATION ENFORCEMENT ACTIVITIES.

        (a) Requirement for Reports.--Not later than 1 year after the date
    of the enactment of this Act, and annually thereafter, the Secretary of
    Homeland Security shall submit a report to Congress that describes the
    impact of immigration-related enforcement activities and fugitive
    operations on United States citizens, lawful permanent residents,
    individuals otherwise lawfully present in the United States, and, where
    possible, undocumented aliens present in the United States.
        (b) Content.--The report submitted under subsection (a) shall
    include an assessment of--
                (1) the number of individuals apprehended during
            immigration-related enforcement activities who are children,
            United States citizens, lawful permanent residents, lawfully
            present non-citizens;
                (2) immigration-related apprehensions at homes, schools,
            school bus stops, day care centers, colleges, places of
            worship, hospitals, health care clinics, funeral homes,
            cemeteries, victim services agencies, social services agencies,
            head start centers, recreation centers, legal service
            providers, courts and community centers;
                (3) apprehensions, detentions, and removals of sole
            caregivers, primary breadwinners, pregnant and nursing mothers,
            and other vulnerable populations during an immigration-related
            enforcement activity;
                (4) the extent to which the Department of Homeland Security
            cooperates and coordinates with State and local law enforcement
            during immigration-related enforcement activities;
                (5) the number of immigration-related enforcement
            apprehensions resulting from cooperation with State and local
            law enforcement;
                (6) whether apprehended individuals are provided access to
            a telephone;
                (7) how quickly apprehended individuals are provided access
            to a telephone;
                (8) the manner through which family members of the target
            population of the immigration-related enforcement activity are
            notified of their family member's detention;
                (9) the number of parents, guardians, or caregivers of
            children removed from the United States;
                (10) the number of parents, guardians, or caregivers of
            children removed from the United States whose children
            accompany or join them;
                (11) the number of parents, guardians, or caregivers of
            children removed from the United States who are removed without
            their children;
                (12) the number of occasions on which both parents of a
            particular children are removed from the United States without
            their children;
                (13) the length of time the parents, guardians, or
            caregivers of children were present in the United States before
            their removal from the United Sates;
                (14) the number of United States citizen children that
            remain in the United States after the removal of a parent,
            guardian, or caregiver;
                (15) the number of individuals apprehended determined to be
            part of a vulnerable population released within specified time
            limit under section 160(c);
                (16) the length of time between when an individual is
            determined to be part of a vulnerable population and that
            individual is released under section 160(c);
                (17) the methodology of the Department of Homeland Security
            for notifying agents and entities under agreement with the
            Department of Homeland Security about standards regarding
            enforcement actions concerning vulnerable populations and
            holding them accountable when such standards are violated;
                (18) the number of officials of the Department of Homeland
            Security disciplined for violations during apprehensions and in
            making detention decisions;
                (19) transfers of immigrants during the course of an
            immigration-related enforcement activity, including--
                        (A) whether the immigrants had access to legal
                    counsel before being transferred;
                        (B) whether the immigrant received notice of an
                    impending transfer; and
                        (C) whether the immigrant was evaluated for
                    vulnerability under section 160(a) before being
                    transferred;
                (20) apprehension procedures for immigration-related
            enforcement activities, and compliance with screening
            procedures for vulnerable populations;
                (21) recommendations for improving immigration-related
            enforcement activities and fugitive operations by reducing the
            negative impact on children and vulnerable populations;
                (22) secure alternatives programs, including the types of
            programs used, number of individuals placed in theses programs,
            reasons for not placing immigrants that qualify as a member of
            a vulnerable population as defined in section 160(a) in these
            programs, percentage of cases in which adjustment of
            immigration status is granted, percentage of cases in which
            removal is undertaken, and frequency of absconding; and
                (23) the number of individuals apprehended after officials
            were notified by a health or mental health professional.

    SEC. 162. FAMILY DETENTION AND UNITY PROTECTIONS.

        (a) Definition of Families With Children.--- Family with Children
    is defined as any parent or legal guardian who is apprehended with one
    or more of their children.
        (b) Placement in Removal Proceedings.--Any family with children
    sought to be removed by the Department of Homeland Security shall be
    placed in removal proceedings under section 240 of the Immigration and
    Nationality Act (8 U.S.C. 1229a).
        (c) Custody of Families With Children.--The following requirements
    shall apply with respect to families with children:
                (1) Families with children shall not be separated or taken
            into custody except when justified by exceptional
            circumstances, or when required by law.
                (2) In exceptional circumstances where release or a secure
            alternatives program is not an option, the Secretary shall
            ensure that--
                        (A) special non-penal, residential, home-like
                    facilities that enable families to live as a family
                    unit are designed to house families with children,
                    taking into account the particular needs and
                    vulnerabilities of the children;
                        (B) procedures and conditions of custody are
                    appropriate for families with children;
                        (C) entities with demonstrated experience and
                    expertise in child welfare shall staff and be
                    responsible for the management of facilities housing
                    families with children;
                        (D) no restrictions on freedom of movement;
                    visitations; telephone, internet, library, and law
                    library access; possession of personal property,
                    including personal clothing; age appropriate education;
                    or religious practice shall apply other than to prevent
                    flight and ensure the safety of residents;
                        (E) individualized reviews by an immigration judge
                    of each family's well being, custody status and the
                    need for continued detention are conducted every 30
                    days for any family held in such a facility for more
                    than three weeks, and all families shall be notified in
                    writing of the decision and of the individualized
                    reasons for the decision; and
                        (F) parents retain fundamental parental rights and
                    responsibilities, including the discipline of children,
                    in keeping with applicable State laws.
        (d) Discretionary Waiver Authority for Families With Children.--
    Section 235(b)(1)(B)(iii) of the Immigration and Nationality Act (8
    U.S.C. 1225(b)(1)(B)(iii)) is amended--
                (1) in subclause (IV), by striking ``Any alien'' and
            inserting ``Except as provided in subclause (V), any alien'';
            and
                (2) by adding at the end the following:
                                        ``(V) Discretionary waiver
                                    authority for families with children.--
                                    The Secretary of Homeland Security may
                                    decide for humanitarian reasons or
                                    significant public benefit not to
                                    detain families with children who are
                                    otherwise subject to mandatory
                                    detention under subclause (IV).''.

    SEC. 163. APPREHENSION PROCEDURES FOR FAMILIES AND PARENTS.

        The Department of Homeland Security and entities under agreement
    with the Department of Homeland Security shall--
                (1) offer confidential psychosocial and mental health
            services to children and family members of such individuals at
            the time of the apprehension;
                (2) provide, and advertise in the mainstream and foreign
            language media, as well as make available to the public via the
            website of the Department of Homeland Security, a toll-free
            number through which family members of persons apprehended as a
            result of an immigration enforcement-related activity may
            report information relevant to the release of an apprehended
            family member as a member of a vulnerable population, which
            will be conveyed to the appropriate Department of Homeland
            Security official and applicable SSA, and through which State
            child welfare service providers, family members, and legal
            counsel representing those who are apprehended may obtain
            information about the apprehended family members, including
            their location, in English and the majority language of those
            who are apprehended;
                (3) if there is reason to believe that an individual who is
            apprehended is a parent, legal guardian, or primary caregiver
            relative of a dependent child in the United States, provide
            this parent, legal guardian, or primary caregiver relative
            with--
                        (A) confidential and toll-free telephone calls to
                    arrange for care of dependent children within 2 hours
                    of screening;
                        (B) information regarding and contact information
                    for legal service providers, organizations, and
                    attorneys that can offer free legal advice regarding
                    child welfare and custody determinations; and
                        (C) information regarding and contact information
                    for multiple State and local child welfare providers;
                (4) ensure that personnel of the Department of Homeland
            Security and of entities operating under agreement with the
            Department do not--
                        (A) interrogate or screen individuals in the
                    immediate presence of children;
                        (B) interrogate, arrest, or detain any child
                    apprehended with his or her parent or parents without
                    the presence or consent of a parent, family member,
                    legal guardian, or legal counsel; or
                        (C) compel or request children to translate for
                    other individuals who are encountered as part of an
                    immigration enforcement-related activity; and
                (5) ensure that the best interests of children are
            considered in decisions and actions relating to the detention
            or release of any individual apprehended by the Department of
            Homeland Security, and that there be a preference for family
            unity whenever appropriate.

    SEC. 164. CHILD WELFARE SERVICES FOR CHILDREN SEPARATED FROM PARENTS
                  DETAINED OR REMOVED FROM THE UNITED STATES FOR
                  IMMIGRATION VIOLATIONS.

        (a) State Plan Requirements.--Section 471(a) of the Social Security
    Act (42 U.S.C. 671(a)) is amended--
                (1) by striking ``and'' at the end of paragraph (32);
                (2) by striking the period at the end of paragraph (33) and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(34) provides that the State shall--
                        ``(A) create and implement protocols to provide
                    guidance on how all employees of State agencies
                    providing services to children under the State plan
                    should handle cases of separated children that take
                    into account the best interest of the child, including
                    consideration of the best outcome for the family of the
                    child;
                        ``(B) develop and implement memoranda of
                    understanding or protocols with the Department of
                    Homeland Security, Federal, State, and local government
                    agencies to facilitate communication between the
                    agencies and such a child, a parent, guardian, or
                    relative referred to in section 475(9)(B), family
                    members of such a child, family courts, providers of
                    services to such a child under the State plan,
                    providers of long-term care to such a child, and legal
                    representatives of such a child or of such a parent,
                    guardian, or relative;
                        ``(C) develop and implement joint protocols and
                    training with law enforcement agencies to minimize the
                    trauma, at the time of the apprehension of such a
                    parent, guardian, or relative, to a child who will
                    become a separated child as a result of the
                    apprehension, including protocols and training for
                    apprehension of such a parent, guardian, or relative in
                    the presence of the child and how to best ensure
                    appropriate and prompt care arrangements for the child;
                        ``(D) ensure that the case manager for such a child
                    is capable of communicating in the native language of
                    the child and of the family of the child, or an
                    interpreter who is so capable is provided to
                    communicate with the child and the family of the child
                    at no cost to the child or the family of the child;
                        ``(E) require that, in all decisions and actions
                    relating to the care, custody, and placement of such a
                    child, the best interest of the child, including the
                    best outcome for the family of the child, be
                    considered, and ensure that the decisions are based on
                    clearly articulated factors that do not include
                    predictions or conclusions about immigration status or
                    pending Federal immigration proceedings; and
                        ``(F) coordinate with the Department of Homeland
                    Security, foreign consular officials and
                    nongovernmental organizations designated by the
                    Secretary to ensure that parents of such a child who
                    wish for the child to accompany them to their country
                    of origin are given adequate time to obtain a passport
                    and visa, collect all relevant vital documents such as
                    birth certificate, health and educational records, and
                    other information.''.
        (b) Additional Information To Be Included in Case Plan.--Section
    475(1) of such Act (42 U.S.C. 675(1)) is amended by adding at the end
    the following:
                        ``(H) In the case of a separated child with respect
                    to whom the State plan requires the State to provide
                    services pursuant to section 471(a)(34)--
                                ``(i) the location of the parent, guardian,
                            or relative referred to in paragraph (9)(B) of
                            this subsection from whom the child has been
                            separated; and
                                ``(ii) a written record of each disclosure
                            to a government agency or person (other than
                            such a parent, guardian, or relative) of
                            information gathered in the course of tracking
                            the care, custody, and placement of, and
                            follow-up services provided to, the child.''.
        (c) Separated Children Defined.--Section 475 of such Act (42 U.S.C.
    675) is amended by adding at the end the following:
                ``(9) The term `separated children' means individuals who--
                        ``(A) have a parent, legal guardian, or primary
                    caregiver relative who has been detained by a Federal,
                    State, or local law enforcement agency in the
                    enforcement of an immigration law, or removed from the
                    United States as a result of a violation of such a law;
                    and
                        ``(B) are in foster care under the responsibility
                    of a State.''.

    SEC. 165. VULNERABLE POPULATION AND CHILD WELFARE TRAINING FOR
                  IMMIGRATION ENFORCEMENT OFFICERS.

        (a) Mandatory Training.--
                (1) In general.--The Secretary of Homeland Security, in
            consultation with the Secretary of Health and Human Services,
            and independent child welfare experts shall mandate live
            specialized training of all Federal personnel, relevant
            personnel employed by those States reimbursed for activities
            related to care and services for separated children, and State
            and local personnel and relevant SSAs, who come into contact
            with vulnerable populations as defined at section 160(a) in all
            relevant legal authorities, policies, and procedures pertaining
            to the humanitarian and due process protections for these
            vulnerable populations.
                (2) Vulnerable populations.--Such personnel shall be
            trained to work with vulnerable populations, including
            identifying members of a vulnerable population, and identifying
            members of a vulnerable population for whom asylum or special
            juvenile immigrant relief may be appropriate.
                (3) Mental health needs.--Personnel shall establish
            collaborative relationships with local mental health
            professionals to provide training in preparation for
            apprehensions of individuals with mental health needs.
                (4) Best practices.--Participants will be required to
            undertake periodic and continuing training on best practices
            and changes in the law, policies, and procedures for these
            vulnerable populations.
        (b) Memoranda of Understanding.--The Secretary of Homeland Security
    shall require all law enforcement agencies under agreement with the
    Department of Homeland Security to establish Memoranda of Understanding
    with SSAs with respect to the availability of services relevant to the
    humanitarian and due process protections for vulnerable populations as
    defined in section 160(a).

    SEC. 166. ACCESS FOR PARENTS, LEGAL GUARDIANS, AND, PRIMARY CAREGIVER
                  RELATIVES.

        (a) In General.--The Secretary of the Department of Homeland
    Security shall ensure that all detention facilities operated by or
    under agreement with the Department take steps to preserve family unity
    and ensure that the best outcome for families can be considered in
    decisions and actions relating to the custody of children whose parent,
    legal guardian, or primary caregiver relative is detained by reason of
    the parent's, legal guardian's, or primary caregiver relative's
    immigration status.
        (b) Training.--The Secretary of Homeland Security, in consultation
    with the Department of Health and Human Services, the Department of
    Justice, the Department of State, and independent family law experts,
    shall mandate live, specialized training of all personnel at detention
    facilities operated by the Department of Homeland Security or under
    agreement with the Department of Homeland Security in all relevant
    legal authorities, policies and procedures related to ensuring that
    parents, legal guardians, and primary caregiver relatives of children
    have regular, ongoing and in-person access to children, State family
    courts, consular officers and staff of State social service agencies
    responsible for administering child welfare programs. Such personnel
    shall be required to undertake periodic and continuing training on best
    practices and changes in relevant law, policies, and procedures
    pertaining to the preservation of family unity.
        (c) Access to Children, Local and State Courts, Child Protective
    Services, and Consular Officials.--The Secretary of Homeland Security
    shall be responsible for--
                (1) ensuring that detained parents, legal guardians, and
            primary caregiver relatives of children under 18 years of age
            are granted free and confidential phone calls with their
            children on a daily basis;
                (2) ensuring that detained parents, legal guardians, and
            primary caregiver relatives of children under 18 years of age
            are permitted regular contact visits with their children;
                (3) ensuring that detained parents, legal guardians, and
            primary caregiver relatives of children under 18 years of age
            are able to participate fully, and to the extent possible in-
            person, in all family court proceedings and any other
            proceeding impacting upon custody of their children;
                (4) ensuring that detained parents, legal guardians, and
            primary caregiver relatives of children under 18 years of age
            are able to fully participate in and comply with all family
            court orders impacting upon custody of their child;
                (5) ensuring that detained parents, legal guardians, and
            primary caregiver relatives of children under 18 years of age
            have regular, on-site access to reunification programming
            including parenting classes;
                (6) ensuring that detained parents, legal guardians, and
            primary caregiver relatives of children under 18 years of age
            are provided with contact information for child protective
            services entities and family courts in all fifty States, the
            District of Columbia, all United States territories, and are
            granted free, confidential, and unlimited telephone access to
            child protective services entities and family courts to report
            child abuse, abandonment or neglect;
                (7) ensuring that detained parents, legal guardians, and
            primary caregiver relatives of children under 18 years of age
            are granted regular, confidential and in-person access to
            consular officials; free, unlimited, confidential phone calls
            to consular officials; and access to United States passport
            applications for the purpose of obtaining travel documents for
            their children;
                (8) ensuring that detained parents, legal guardians, and
            primary caregiver relatives of children under 18 years of age
            who wish to take their children with them to their country of
            origin are granted adequate time prior to being removed to
            obtain a passport and other relevant travel documents necessary
            for children to accompany them on their return to their country
            of origin or join them in their country of origin; and
                (9) facilitating detained parents', legal guardians', and
            primary caregiver relatives' ability to reunify with their
            children under 18 years of age at the time of removal to their
            country of origin, including providing information about the
            detained parent, legal guardian, or primary caregiver
            relative's travel arrangements to State social service agencies
            or other caregivers.

    SEC. 167. ENHANCED PROTECTIONS FOR VULNERABLE UNACCOMPANIED ALIEN
                  CHILDREN AND FEMALE DETAINEES.

        (a) Mandatory Training.--The Secretary of Homeland Security, in
    consultation with the Office of Refugee Resettlement of the Department
    of Health and Human Services and independent child welfare experts,
    shall mandate live training of all personnel who come into contact with
    unaccompanied alien children (as defined in section 462 of the Homeland
    Security Act of 2002 (6 U.S.C. 279)) in all relevant legal authorities,
    policies, and procedures pertaining to this vulnerable population.
        (b) Care and Transportation.--Notwithstanding any other provision
    of law, the Secretary of Homeland Security shall ensure that all
    unaccompanied children who will undergo any immigration proceedings
    before the Department of Homeland Security and the Executive Office for
    Immigration Review are duly transported and placed in the care and
    legal and physical custody of the Office of Refugee Resettlement within
    a maximum of 24 hours of their apprehension absent narrowly defined
    exceptional circumstances, including a natural disaster or comparable
    emergency beyond the control of the Secretary of Homeland Security or
    the Office of Refugee Resettlement. The Secretary of Homeland Security
    shall ensure that female officers are responsible and at all times
    present during the transfer and transport of female detainees who are
    in the custody of the Secretary of Homeland Security.
        (c) Notification.--The Secretary of Homeland Security shall
    immediately notify the Office of Refugee Resettlement of an
    unaccompanied alien child in the custody of the Department of Homeland
    Security to effectively and efficiently coordinate the child's transfer
    to and placement with the Office of Refugee Resettlement.
        (d) Notice of Rights and Access to Counsel.--The Secretary of
    Homeland Security shall ensure that an independent licensed social
    worker, as described in section 153(b)(1)(A), provides all
    unaccompanied alien children upon apprehension with both a video
    orientation and oral and written notice of their rights under the
    Immigration and Nationality Act including their rights to relief from
    removal and their rights to confer with counsel (as guaranteed under
    section 292 of such Act), family, or friends while in the Department of
    Homeland Security's temporary custody and relevant complaint mechanisms
    to report any abuse or misconduct they may have experienced. The
    Secretary of Homeland Security shall ensure that the video orientation
    and written notice of rights is available in English and in the five
    most common native languages spoken by the unaccompanied children held
    in custody at that location during the preceding fiscal year, and that
    the oral notice of rights is available in English and in the most
    common native language spoken by the unaccompanied children held in
    custody at that location during the preceding fiscal year.
        (e) Confidentiality.--The Secretary of Health and Human Services
    shall maintain the privacy and confidentiality of all information
    gathered in the course of providing care, custody, placement and
    follow-up services to unaccompanied alien children, consistent with the
    best interest of the unaccompanied alien child, by not disclosing such
    information to other government agencies or nonparental third parties.
    The Secretary may share information when authorized to do so by the
    child and when consistent with the child's best interest. The Secretary
    may provide information to a duly recognized law enforcement entity, if
    such disclosure would prevent imminent and serious harm to another
    individual. All disclosures shall be duly recorded in writing and
    placed in the child's files.
        (f) Other Policies and Procedures.--The Secretary shall further
    adopt fundamental child protection policies and procedures--
                (1) for reliable age-determinations of children which
            exclude the use of fallible forensic testing of children's bone
            and teeth developed in consultation with medical and child
            welfare experts;
                (2) to ensure the safe and secure repatriation and
            reintegration of unaccompanied alien children to their home
            countries through specialized programs developed in close
            consultation with the Secretary of State, the Office of the
            Refugee Resettlement and reputable independent child welfare
            experts including placement of children with their families or
            nongovernmental agencies to provide food, shelter and
            vocational training and microfinance opportunities;
                (3) to utilize all legal authorities to defer the child's
            removal if the child faces a risk of life-threatening harm upon
            return including due to the child's mental health or medical
            condition; and
                (4) to ensure that unaccompanied alien children (as defined
            in section 462 of the Homeland Security Act of 2002 (6 U.S.C.
            279)) are physically separated from any adult who is not a
            family member, guardian, or caregiver and are separated by
            sight and sound from immigration detainees and inmates with
            criminal convictions, pretrial inmates facing criminal
            prosecution, children who have been adjudicated delinquents or
            convicted of adult offenses or are pending delinquency or
            criminal proceedings, and those inmates exhibiting violent
            behavior while in detention as is consistent with the Juvenile
            Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
            et seq.).

    SEC. 168. PREVENTING UNNECESSARY DETENTION OF REFUGEES.

        Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159)
    is amended--
                (1) in subsection (a)(1) by striking ``return or be
            returned to the Department of Homeland Security for inspection
            and examination for admission'' and also ``in accordance with
            the provisions of sections 235, 240, and 241'' and inserting
            ``be eligible for adjustment of status'';
                (2) in subsection (a)(2) by striking ``upon inspection and
            examination''; and
                (3) in subsection (c) by adding at the end ``An application
            for adjustment under this section may be filed up to 3 months
            before the date the applicant would first otherwise be eligible
            for adjustment under this section.''.

    SEC. 169. REPORTS ON PROTECTIONS FROM UNLAWFUL DETENTION.

        (a) Report Requirement.--Not later than 1 year after the date of
    the enactment of this Act, and annually thereafter, the Secretary shall
    prepare and submit a report to Congress that describes the impact of
    worksite and fugitive operations on United States citizens, lawful
    permanent residents, and individuals otherwise lawfully present in the
    United States.
        (b) Content.--The report submitted under subsection (a) shall
    include an assessment of--
                (1)(A) United States Immigration and Customs Enforcement
            protocol for humanitarian screening during a worksite
            enforcement action;
                (B) the compliance with such protocol; and
                (C) the nature of any related protocol in smaller worksite
            or nonworksite actions;
                (2) collateral arrests under the National Fugitive
            Operations Program and worksite enforcement initiatives;
                (3) whether individuals detained in an immigration-related
            enforcement activity are notified of their right to counsel;
                (4) whether United States Immigration and Customs
            Enforcement agents--
                        (A) use excessive force in executing warrants,
                    arrests, detentions, or other immigration-enforcement
                    activities;
                        (B) enter private homes or residences without a
                    search warrant or consent; or
                        (C) display and use weapons during immigration-
                    enforcement activities or interrogations;
                (5) whether United States Immigration and Customs
            Enforcement agents identify themselves when entering a location
            for enforcement purposes;
                (6) the conditions under which individuals are confined;
                (7) whether detainees are notified of their rights in a
            language they can understand;
                (8) whether individuals detained during a raid or an
            immigration enforcement activity are forced or coerced to sign
            any documents or waive any rights without consulting with an
            attorney;
                (9) the procedures used by the Department of Homeland
            Security--
                        (A) to notify agents about humanitarian standards
                    regarding enforcement actions; and
                        (B) hold agents accountable when they violate such
                    standards;
                (10) the per detainee cost of each raid involving more than
            50 detainees;
                (11) the number of United States Immigration and Customs
            Enforcement agents disciplined for violations in detention
            proceedings; and
                (12) recommendations for improving worksite operations and
            fugitive operations.
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated such sums as may be necessary to carry out this section.

    SEC. 170. RULEMAKING.

        Not later than 1 year after the date of the enactment of this Act,
    the Secretary shall promulgate regulations to implement this subtitle
    and the amendments made by this subtitle.

                            Subtitle C--Enforcement

    SEC. 181. LABOR ENFORCEMENT.

        (a) Labor Enforcement Actions.--Section 274A(e) of the Immigration
    and Nationality Act (8 U.S.C. 1324a(e)) is amended to add a new
    paragraph (10).
                ``(10) Conduct in enforcement actions.--
                        ``(A) Enforcement action.--When an enforcement
                    action is undertaken by the Department of Homeland
                    Security and the Department receives information that
                    there is a labor dispute in progress, or that
                    information was provided to the Department of Homeland
                    Security to retaliate against employees for exercising
                    their employment rights, the Department shall ensure
                    that any aliens who are arrested or detained and are
                    necessary for the prosecution of any labor or
                    employment law violations are not removed from the
                    country without notifying the appropriate law
                    enforcement agency that has jurisdiction over the
                    violations and providing the agency with the
                    opportunity to interview such aliens. The Department
                    shall ensure that no aliens entitled to a stay of
                    removal under this section are removed.
                        ``(B) Interviews.--Any arrangements for aliens to
                    be held or interviewed shall be made in consultation
                    with the relevant labor and employment law enforcement
                    agencies.
                        ``(C) Stay of removal.--
                                ``(i) An alien against whom removal
                            proceedings have been initiated pursuant to
                            chapter 4 of title III of the Immigration and
                            Nationality Act, who has filed a workplace
                            claim or who is a material witness in any
                            pending or anticipated proceeding involving a
                            workplace claim, shall be entitled to a stay of
                            removal and to an employment authorized
                            endorsement unless the Department establishes
                            by a preponderance of the evidence in
                            proceedings before the immigration judge
                            presiding over that alien's removal hearing
                            that--
                                        ``(I) the Department initiated the
                                    alien's removal proceeding for wholly
                                    independent reasons and not in any
                                    respect based on, or as a result of,
                                    any information provided to or obtained
                                    by the Department from the aliens
                                    employer, from any outside source,
                                    including any anonymous source, or as a
                                    result of the filing or prosecution of
                                    the workplace claim; and
                                        ``(II) the workplace claim was
                                    filed in a bad faith with the intent to
                                    delay or avoid the alien's removal.
                                ``(ii) Any stay of removal or work
                            authorization issued pursuant to subsection (i)
                            shall remain valid and in effect at least
                            during the pendency of the proceedings
                            concerning such workplace claim. The Secretary
                            of Homeland Security shall extend such relief
                            for a period of not longer than 3 additional
                            years upon determining that--
                                        ``(I) such relief would enable the
                                    alien asserting the workplace claim to
                                    be made whole;
                                        ``(II) the deterrent goals of any
                                    statute underlying the workplace claim
                                    would thereby be served; or
                                        ``(III) such extension would
                                    otherwise further the interests of
                                    justice.
                                ``(iii) In this section--
                                        ``(I) the term `workplace claim'
                                    shall include any claim, charge,
                                    complaint, or grievance filed with or
                                    submitted to the employer, a Federal or
                                    State or local agency or court, or an
                                    arbitrator, to challenge an employer's
                                    alleged civil or criminal violation of
                                    any legal or administrative rule or
                                    requirement affecting the terms or
                                    conditions of its workers employment,
                                    the treatment of workers, or the hiring
                                    or firing of its workers; and
                                        ``(II) the term `material witness'
                                    means an individual who presents a
                                    declaration from an attorney
                                    investigating, prosecuting, or
                                    defending the workplace claim or from
                                    the presiding officer overseeing the
                                    workplace claim attesting that, to the
                                    best of the declarant's knowledge and
                                    belief, reasonable cause exists to
                                    believe that the testimony of the
                                    individual will be relevant to the
                                    outcome of the workplace claim.''
        (b) Whistle Blower Protections; Victims of Criminal Activity.--
    Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(15)(U)) is amended--
                (1) in clause (ii), by striking ``and'' at the end;
                (2) in clause (iii)--
                        (A) by striking ``or'' before ``attempt''; and
                        (B) by adding at the end the following: ``a civil
                    violation of Federal, State, orlocal employment or
                    labor laws; and''; and
                (3) by adding at the end the following:
                                ``(iv) the Secretary may not grant a
                            petition filed by an alien based on a civil
                            violation of Federal employment or labor laws
                            unless the alien has--
                                        ``(I) a reasonable fear of
                                    retaliation based on immigration
                                    status;
                                        ``(II) has been threatened with
                                    retaliation based on immigration; or
                                        ``(III) has been retaliated against
                                    based on immigration status for
                                    attempting to remedy such violations;
                                    or''.

    SEC. 182. MANDATORY ADDRESS REPORTING REQUIREMENTS.

        (a) Clarifying Address Reporting Requirements.--Section 265 (8
    U.S.C. 1305) is amended--
                (1) in subsection (a)--
                        (A) by striking ``notify the Attorney General in
                    writing'' and inserting ``submit written or electronic
                    notification to the Secretary of Homeland Security, in
                    a manner approved by the Secretary,'';
                        (B) by striking ``the Attorney General may
                    require'' and inserting ``the Secretary may require'';
                    and
                        (C) by adding at the end the following: ``If the
                    alien is involved in proceedings before an immigration
                    judge or in an administrative appeal of such
                    proceedings, the alien shall submit to the Attorney
                    General the alien's current address and a telephone
                    number, if any, at which the alien may be contacted.'';
                (2) in subsection (b), by striking ``Attorney General''
            each place such term appears and inserting ``Secretary of
            Homeland Security'';
                (3) in subsection (c), by striking ``given to such parent''
            and inserting ``given by such parent''; and
                (4) by adding at the end the following:
        ``(d) Address To Be Provided.--
                ``(1) In general.--Except as otherwise provided by the
            Secretary under paragraph (2), an address provided by an alien
            under this section shall be the alien's current residential
            mailing address, and shall not be a post office box or other
            nonresidential mailing address or the address of an attorney,
            representative, labor organization, or employer.
                ``(2) Specific requirements.--The Secretary may provide
            specific requirements with respect to--
                        ``(A) designated classes of aliens and special
                    circumstances, including aliens who are employed at a
                    remote location; and
                        ``(B) the reporting of address information by
                    aliens who are incarcerated in a Federal, State, or
                    local correctional facility.
                ``(3) Detention.--An alien who is being detained by the
            Secretary under this Act is not required to report the alien's
            current address under this section during the time the alien
            remains in detention, but shall be required to notify the
            Secretary of the alien's address under this section at the time
            of the alien's release from detention.
        ``(e) Use of Most Recent Address Provided by the Alien.--
                ``(1) In general.--Notwithstanding any other provision of
            law, the Secretary may provide for the appropriate coordination
            and cross referencing of address information provided by an
            alien under this section with other information relating to the
            alien's address under other Federal programs, including--
                        ``(A) any information pertaining to the alien,
                    which is submitted in any application, petition, or
                    motion filed under this Act with the Secretary of
                    Homeland Security, the Secretary of State, or the
                    Secretary of Labor;
                        ``(B) any information available to the Attorney
                    General with respect to an alien in a proceeding before
                    an immigration judge or an administrative appeal or
                    judicial review of such proceeding;
                        ``(C) any information collected with respect to
                    nonimmigrant foreign students or exchange program
                    participants under section 641 of the Illegal
                    Immigration Reform and Immigrant Responsibility Act of
                    1996 (8 U.S.C. 1372); and
                        ``(D) any information collected from State or local
                    correctional agencies pursuant to the State Criminal
                    Alien Assistance Program.
                ``(2) Reliance.--The Secretary may rely on the most recent
            address provided by the alien under this section or section 264
            to send to the alien any notice, form, document, or other
            matter pertaining to Federal immigration laws, including
            service of a notice to appear. The Attorney General and the
            Secretary may rely on the most recent address provided by the
            alien under section 239(a)(1)(F) to contact the alien about
            pending removal proceedings.
                ``(3) Obligation.--The alien's provision of an address for
            any other purpose under the Federal immigration laws does not
            excuse the alien's obligation to submit timely notice of the
            alien's address to the Secretary under this section (or to the
            Attorney General under section 239(a)(1)(F) with respect to an
            alien in a proceeding before an immigration judge or an
            administrative appeal of such proceeding).
        ``(f) Requirement for Database.--The Secretary of Homeland Security
    shall establish an electronic database to timely record and preserve
    addresses provided under this section.''.
        (b) Conforming Changes With Respect to Registration Requirements.--
    Chapter 7 of title II (8 U.S.C. 1301 et seq.) is amended--
                (1) in section 262(c), by striking ``Attorney General'' and
            inserting ``Secretary of Homeland Security'';
                (2) in section 263(a), by striking ``Attorney General'' and
            inserting ``Secretary of Homeland Security''; and
                (3) in section 264--
                        (A) in subsections (a), (b), (c), and (d), by
                    striking ``Attorney General'' each place it appears and
                    inserting ``Secretary of Homeland Security''; and
                        (B) in subsection (f)--
                                (i) by striking ``Attorney General is
                            authorized'' and inserting ``Secretary of
                            Homeland Security and Attorney General are
                            authorized''; and
                                (ii) by striking ``Attorney General or the
                            Service'' and inserting ``Secretary or the
                            Attorney General''.
        (c) Effect on Eligibility for Immigration Benefits.--If an alien
    fails to comply with section 262, 263, or 265 of the Immigration and
    Nationality Act (8 U.S.C. 1302, 1303, and 1305) or section 264.1 of
    title 8, Code of Federal Regulations, or removal orders or voluntary
    departure agreements based on any such section for acts committed prior
    to the enactment of this Act such failure shall not affect the
    eligibility of the alien to apply for a benefit under the Immigration
    and Nationality Act (8 U.S.C. 1101 et seq.).
        (d) Technical Amendments.--Section 266 (8 U.S.C. 1306) is amended
    by striking ``Attorney General'' each place it appears and inserting
    ``Secretary of Homeland Security''.
        (e) Effective Dates.--
                (1) In general.--Except as provided in paragraph (2), the
            amendments made by this section shall take effect on the date
            of the enactment of this Act.
                (2) Exceptions.--The amendments made by paragraphs (1)(A),
            (1)(B), (2), and (3) of subsection (a) shall take effect as if
            enacted on March 1, 2003.

    SEC. 183. PREEMPTION OF STATE AND LOCAL LAW.

        (a) Preemption.--This Act preempts any State or local law,
    contract, license, or other standard, requirement, action or
    instrument--
                (1) discriminating among persons on the basis of
            immigration status, except as specifically authorized in
            Federal law; or
                (2) imposing any sanction or liability--
                        (A) on any individual based on his or her
                    immigration status;
                        (B) on any person or entity based on the
                    immigration status of its clients, employees, tenants,
                    or other associates; or
                        (C) relating to a violation or alleged violation of
                    immigration law.
        (b) Definition.--For purposes of this section, ``immigration
    status'' refers to a person's present or previous: visa classification,
    refugee status, temporary protected status, status as an immigrant
    lawfully admitted for permanent residence, lawful presence, work
    authorization, or other classification or category created by, or
    related to this, Act or the Immigration and Nationality Act.

    SEC. 184. DELEGATION OF IMMIGRATION AUTHORITY.

        Section 287(g) (8 U.S.C. 1357(g)) is amended to read as follows:
        ``(g) Except as provided in section 103(a)(10), 242, or 274(c), the
    authority to investigate, identify, apprehend, arrest, or detain
    persons for a violation of any section of this Act or regulation
    pursuant to this Act is restricted to immigration officers and
    employees of the Department. Any such authority is further subject to
    any specific limitations set forth in this Act.''.

    SEC. 185. IMMIGRATION AND CUSTOMS ENFORCEMENT OMBUDSMAN.

        (a) Establishment.--Subtitle D of title III of the Homeland
    Security Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the
    end the following:

    ``SEC. 447. IMMIGRATION AND CUSTOMS ENFORCEMENT OMBUDSMAN.

        ``(a) In General.--There established in the Department of Homeland
    Security a position of Immigration and Customs Enforcement Ombudsman
    (referred to in this section as the `Ombudsman').
        ``(b) Requirements.--The Ombudsman shall--
                ``(1) report directly to the Assistant Secretary for
            Immigration and Customs Enforcement (referred to in this
            section as the `Assistant Secretary'); and
                ``(2) have a background in immigration law.
        ``(c) Functions.--The Ombudsman shall--
                ``(1) undertake regular and unannounced inspections of
            detention facilities and local offices of United States
            Immigration and Customs Enforcement to determine whether the
            facilities and offices comply with relevant policies,
            procedures, standards, laws, and regulations;
                ``(2) report all findings of compliance or noncompliance of
            the facilities and local offices described in paragraph (1) to
            the Secretary and the Assistant Secretary;
                ``(3) develop procedures for detainees or their
            representatives to submit confidential written complaints
            directly to the Ombudsman;
                ``(4) investigate and resolve all complaints, including
            confidential and anonymous complaints, related to decisions,
            recommendations, acts, or omissions made by the Assistant
            Secretary or the Commissioner of United States Customs and
            Border Protection in the course of custody and detention
            operations;
                ``(5) initiate investigations into allegations of systemic
            problems at detention facilities;
                ``(6) conduct any review or audit relating to detention, as
            directed by the Secretary or Assistant Secretary;
                ``(7) refer matters, as appropriate, to the Office of
            Inspector General of the Department of Justice, the Office of
            Civil Rights and Civil Liberties of the Department, or any
            other relevant office or agency;
                ``(8) propose changes in the policies or practices of
            United States Immigration and Customs Enforcement to improve
            the treatment of United States citizens and residents,
            immigrants, detainees, and others subject to immigration-
            related enforcement operations;
                ``(9) establish a public advisory group consisting of
            nongovernmental organization representatives and Federal,
            State, and local government officials with expertise in
            detention and vulnerable populations to provide the Ombudsman
            with input on--
                        ``(A) the priorities of the Ombudsman; and
                        ``(B) current practices of United States
                    Immigration and Customs Enforcement; and
                ``(10) recommend to the Assistant Secretary personnel
            action based on any finding of noncompliance.
        ``(d) Annual Report.--
                ``(1) Objectives.--Not later than June 30 of each year, the
            Ombudsman shall prepare and submit a report to the Committee on
            the Judiciary of the Senate and the Committee on the Judiciary
            of the House of Representatives on the objectives of the Office
            of the Ombudsman for the next fiscal year.
                ``(2) Contents.--Each report submitted under paragraph (1)
            shall include--
                        ``(A) full and substantive analysis of the
                    objectives of the Office of the Ombudsman;
                        ``(B) statistical information regarding such
                    objectives;
                        ``(C) a description of each detention facility
                    found to be in noncompliance with the detention
                    standards of the Department of Homeland Security or
                    other applicable regulations;
                        ``(D) a description of the actions taken by the
                    Department of Homeland Security to remedy any findings
                    of noncompliance or other identified problems;
                        ``(E) information regarding whether the actions
                    described in subparagraph (D) resulted in compliance
                    with detention standards;
                        ``(F) a summary of the most pervasive and serious
                    problems encountered by individuals subject to the
                    enforcement operations of the Department of Homeland
                    Security, including a description of the nature of such
                    problems; and
                        ``(G) such other information as the Ombudsman may
                    consider advisable.''.
        (b) Amendment.--The table of contents in section 1(b) of the
    Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
    inserting after the item relating to section 446 the following:

    ``Sec. 447. Immigration and Customs Enforcement Ombudsman.''.

    SEC. 186. ELIMINATING ARBITRARY BAR TO ASYLUM.

        Section 208(a)(2) (8. U.S.C. 1158(a)(2)) is amended--
                (1) by striking subparagraph (B);
                (2) in subparagraph (C), by striking ``(D)'' and inserting
            ``(C)'';
                (3) in subparagraph (D), by striking ``subparagraphs (B)
            and (C),'' and inserting ``subparagraph (B),''; and
                (4) by redesignating subparagraphs (C) and (D) as
            subparagraphs (B) and (C), respectively.

    SEC. 187. RESTORATION OF JUDICIAL REVIEW.

        Section 242 (8 U.S.C. 1252) is amended--
                (1) by striking subsection (a)(2) (matters not subject to
            judicial review);
                (2) in subsection (b)(1), by striking ``30 days'' and
            inserting ``60 days'';
                (3) in subsection (b)(3)(B), by striking ``does not'' and
            inserting ``shall'';
                (4) in subsection (b)(3)(C), by striking ``shall'' and
            inserting ``may'';
                (5) in subsection (b)(4)(B), by striking ``any reasonable
            adjudicator would be compelled to conclude to the contrary''
            and inserting ``the findings are not supported by substantial
            evidence'';
                (6) in subsection (b)(8)(C), by inserting ``unless a stay
            is automatically granted by any provision of law or any court
            of competent jurisdiction'' after ``to defer removal of the
            alien'';
                (7) in subsection (b)(9), by striking ``Except as otherwise
            provided in this section, no court shall have jurisdiction, by
            habeas corpus under section 2241 of title 28 or any other
            habeas corpus provision, by section 1361 or 1651 of such title,
            or by any other provision of law (statutory or nonstatutory),
            to review such an order or such questions of law or fact.'';
                (8) by striking subsection (e)(1)(B);
                (9) in subsection (e)(2)(B) by inserting ``lawfully'' after
            ``was'' and before ``ordered'';
                (10) by striking subsection (e)(3);
                (11) by redesignating subsection (e)(4) as subsection
            (e)(3);
                (12) by redesignating subsection (e)(5) as subsection
            (e)(4);
                (13) by striking subsection (f);
                (14) by redesignating subsection (g) as subsection (f); and
                (15) in subsection (g) (as so redesignated), by striking
            ``and notwithstanding any other provision of law (statutory or
            nonstatutory), including section 2241 of title 28, or any other
            habeas corpus provision, and sections 1361 and 1651 of such
            title,''.

                       TITLE II--EMPLOYMENT VERIFICATION

    SEC. 201. EMPLOYMENT VERIFICATION.

        (a) In General.--Section 274A (8 U.S.C. 1324a) is amended to read
    as follows:

    ``SEC. 274A. EMPLOYMENT VERIFICATION.

        ``(a) Making Employment of Unauthorized Aliens Unlawful.--
                ``(1) In general.--It is unlawful for an employer--
                        ``(A) to hire, recruit, or refer for a fee an alien
                    for employment in the United States knowing or with
                    reckless disregard that the alien is an unauthorized
                    alien with respect to such employment; or
                        ``(B) to hire in the United States an individual
                    unless such employer meets the requirements of
                    subsections (b) and (c).
                ``(2) Continuing employment.--It is unlawful for an
            employer, after lawfully hiring an alien for employment, to
            continue to employ the alien in the United States knowing that
            the alien is (or has become) an unauthorized alien with respect
            to such employment.
                ``(3) Use of labor through contract.--An employer who uses
            a contract, subcontract, or exchange entered into,
            renegotiated, or extended after the date of the enactment of
            this Act to obtain the labor of an alien in the United States
            knowing or with reckless disregard that the alien is an
            unauthorized alien with respect to performing such labor, shall
            be considered to have hired the alien for employment in the
            United States in violation of paragraph (1)(A).
                ``(4) Treatment of documentation for certain employees.--
                        ``(A) In general.--For purposes of this section,
                    if--
                                ``(i) an individual is a member of a
                            collective-bargaining unit and is employed,
                            under a collective bargaining agreement entered
                            into between one or more employee organizations
                            and an association of two or more employers, by
                            an employer that is a member of such
                            association; and
                                ``(ii) within the period specified in
                            subparagraph (B), another employer that is a
                            member of the association (or an agent of such
                            association on behalf of the employer) has
                            complied with the requirements of subsection
                            (b) of this section with respect to the
                            employment of the individual, the subsequent
                            employer shall be deemed to have complied with
                            the requirements of subsection (b) of this
                            section with respect to the hiring of the
                            employee and shall not be liable for civil
                            penalties described in subsection (d)(4) of
                            this section.
                        ``(B) Period.--The period described in this
                    subparagraph is 3 years, or, if less, the period of
                    time that the individual is authorized to be employed
                    in the United States.
                        ``(C) Liability.--
                                ``(i) In general.--If any employer that is
                            a member of an association hires for employment
                            in the United States an individual and relies
                            upon the provisions of subparagraph (A) to
                            comply with the requirements of subsection (b)
                            of this section and the individual is an alien
                            not authorized to work in the United States,
                            then for the purposes of paragraph (1)(A),
                            subject to clause (ii), the employer shall be
                            presumed to have known at the time of hiring or
                            afterward that the individual was an alien not
                            authorized to work in the United States.
                                ``(ii) Rebuttal of presumption.--The
                            presumption established by clause (i) may be
                            rebutted by the employer only through the
                            presentation of clear and convincing evidence
                            that the employer did not know (and could not
                            reasonably have known) that the individual at
                            the time of hiring or afterward was an alien
                            not authorized to work in the United States.
                                ``(iii) Exception.--Clause (i) shall not
                            apply in any prosecution under subsection
                            (e)(1) of this section.
                ``(5) Order of internal review and certification of
            compliance.--
                        ``(A) Authority to require certification.--If the
                    Secretary has reasonable cause to believe that an
                    employer has failed to comply with this section, the
                    Secretary is authorized, at any time, to require that
                    the employer certify that the employer is in compliance
                    with this section or has instituted a program to come
                    into compliance with the section.
                        ``(B) Content of certification.--Not later than 60
                    days after the date an employer receives a request for
                    a certification under subparagraph (A) the employer
                    shall certify under penalty of perjury that--
                                ``(i) the employer is in compliance with
                            the requirements of subsections (b) and (c); or
                                ``(ii) that the employer has instituted a
                            program to come into compliance with such
                            requirements.
                        ``(C) Extension.--The 60-day period referred to in
                    subparagraph (B), may be extended by the Secretary for
                    good cause, at the request of the employer.
                        ``(D) Publication.--The Secretary is authorized to
                    publish in the Federal Register standards or methods
                    for certification under subparagraph (A) and for
                    specific recordkeeping practices with respect to such
                    certification, and procedures for the audit of any
                    records related to such certification.
                ``(6) Defense.--
                        ``(A) In general.--Subject to subparagraph (B), an
                    employer that establishes that the employer has
                    complied in good faith, notwithstanding a technical or
                    procedural failure, with the requirements of
                    subsections (b) and (c) with respect to the hiring of
                    an individual has established an affirmative defense
                    that the employer has not violated paragraph (1)(B)
                    with respect to such hiring.
                        ``(B) Exception.--Until the date that an employer
                    is required to participate in the Electronic Employment
                    Verification System under subsection (c), the employer
                    may establish an affirmative defense under subparagraph
                    (A) without a showing of compliance with subsection
                    (c).
                ``(7) No authorization of national identification cards.--
            Nothing in this title may be construed to authorize, directly
            or indirectly, the issuance, use, or establishment of a
            national identification card or a national identification
            system.
        ``(b) Document Verification Requirements.--An employer hiring an
    individual for employment in the United States shall verify that the
    individual is eligible for such employment by meeting the following
    requirements:
                ``(1) Attestation by employer.--
                        ``(A) Requirements.--
                                ``(i) In general.--The employer shall
                            attest, under penalty of perjury and on a form
                            prescribed by the Secretary, that the employer
                            has verified the identity and eligibility for
                            employment of the individual by examining an
                            original, unexpired document or documents
                            described in section 274a.2(b)(1)(v) of title
                            8, Code of Federal Regulation as evidence of
                            the individual's employment authorization and
                            identity.
                                ``(ii) Signature requirements.--An
                            attestation required by clause (i) may be
                            manifested by a handwritten or electronic
                            signature.
                                ``(iii) Standards for examination.--An
                            employer has complied with the requirement of
                            this paragraph with respect to examination of a
                            document if the document examined reasonably
                            appears on its face to be genuine and relates
                            to the individual whose identity and
                            eligibility for employment in the United States
                            is being verified. Nothing in this paragraph
                            may be construed as requiring the employer to
                            solicit the production of any other document or
                            as requiring the individual to produce such
                            other document.
                        ``(B) Authority to prohibit use of certain
                    documents.--
                                ``(i) Authority.--If the Secretary finds
                            that a document or class of documents described
                            in subparagraph (A)(i) is not reliable to
                            establish identity or eligibility for
                            employment (as the case may be) or is being
                            used fraudulently to an unacceptable degree,
                            the Secretary is authorized to prohibit, or
                            impose conditions on, the use of such document
                            or class of documents for purposes of this
                            subsection.
                                ``(ii) Requirement for publication.--The
                            Secretary shall publish notice of any findings
                            under clause (i) in the Federal Register.
                ``(2) Attestation of individual.--
                        ``(A) In general.--The individual shall attest,
                    under penalty of perjury on a form prescribed by the
                    Secretary, that the individual is--
                                ``(i) a national of the United States;
                                ``(ii) an alien lawfully admitted for
                            permanent residence; or
                                ``(iii) an alien who is authorized under
                            this Act or by the Secretary to be employed in
                            the United States.
                        ``(B) Signature for examination.--An attestation
                    required by subparagraph (A) may be manifested by a
                    handwritten or electronic signature.
                        ``(C) Penalties.--An individual who falsely attests
                    that he or she is eligible for employment in the United
                    States shall be subject to the terms and penalties
                    regarding document fraud described in section 274C of
                    the Immigration and Nationality Act.
                        ``(D) Schedule.--
                                ``(i) Replacement documents.--An employer
                            shall accept a receipt for the application for
                            a replacement document or a document described
                            in subparagraph (B) of subsection (b)(1) in
                            lieu of the required document in order to
                            comply with any requirement to examine
                            documentation imposed by this section, in the
                            following circumstances:
                                        ``(I) The individual is unable to
                                    provide the required document within
                                    the time specified in this section
                                    because the document was lost, stolen,
                                    or damaged.
                                        ``(II) The individual presents a
                                    receipt for the application for the
                                    document within the time specified in
                                    this section.
                                        ``(III) The individual presents the
                                    document within 90 days of the hire. If
                                    the actual document or replacement
                                    document is to be issued by the United
                                    States Citizenship and Immigration
                                    Services and the application is still
                                    under review 60 days after receipt of
                                    the application, United States
                                    Citizenship and Immigration Services
                                    shall, not later than the 60th day
                                    after receipt of the application, issue
                                    a letter for the applicant to take to
                                    the employer which shall automatically
                                    grant the individual an additional 90
                                    days from the original deadline in
                                    subsection (b)(6)(A)(i)(II) to present
                                    the document or replacement document;
                                    and
                                ``(ii) Prohibition on acceptance of a
                            receipt for short-term employment.--An employer
                            may not accept a receipt in lieu of the
                            required document if the individual is hired
                            for a duration of less than 10 working days.
                ``(3) Document retention and recordkeeping requirements.--
            The System described in subsection (c) shall include an auto-
            save feature allowing the employer to retain an electronic
            version of an attestation submitted under paragraph (1) or (2)
            for an individual and a record of any action taken, and copies
            of any correspondence written or received, with respect to the
            verification of an individual's identity or eligibility for
            employment in the United States, including records received
            through the Electronic Employment Verification System under
            subsection (c). The employer shall retain such records, either
            in electronic, paper, microfiche, or microfilm form, and make
            such attestations available for inspection by an officer of the
            Department of Homeland Security, any other person designated by
            the Secretary, the Special Counsel for Immigration-Related
            Unfair Employment Practices of the Department of Justice, or
            the Secretary of Labor--
                        ``(A) during a period beginning on the date of the
                    hiring of the individual and ending on the date that is
                    the later of--
                                ``(i) 3 years after the date of such
                            hiring; or
                                ``(ii) 1 year after the date the
                            individual's employment is terminated; or
                        ``(B) during a shorter period determined by the
                    Secretary, if the Secretary reduces the period
                    described in subparagraph (A) for the employer or a
                    class of employers that includes the employer.
                        ``(C) Use of retained documents.--An employer shall
                    use copies retained under clause (i) or (ii) of
                    subparagraph (A) only for the purposes of complying
                    with the requirements of this subsection, except as
                    otherwise permitted under law.
                ``(4) Penalties.--An employer that fails to comply with the
            requirement of this subsection shall be subject to the
            penalties described in subsection (d)(4)(B).
        ``(c) Electronic Employment Verification System.--
                ``(1) Requirement for system.--The Secretary, in
            cooperation with the Commissioner of Social Security, shall
            implement an Electronic Employment Verification System
            (referred to in this subsection as the `System') as described
            in this subsection.
                ``(2) Technology standard to verify employment
            eligibility.--
                        ``(A) In general.--The Secretary, based upon
                    recommendations from the Director of the National
                    Institute of Standards and Technology, shall not later
                    than 180 days after the date of the enactment of the
                    this Act develop and certify a technology standard as
                    described in this subparagraph. The Secretary shall
                    have discretion to extend the 180-day period if the
                    Secretary determines that such extension will result in
                    substantial improvement of the System.
                        ``(B) Integrated.--Notwithstanding any other
                    provision of Federal law, the technology standard
                    developed shall be the technological basis for a secure
                    cross-agency, cross-platform electronic system that is
                    a cost-effective, efficient, fully integrated means to
                    share immigration and Social Security information
                    necessary to confirm the employment eligibility of all
                    individuals seeking employment while protecting
                    individual privacy.
                        ``(C) Report.--Not later than 18 months after the
                    date of the enactment of this Act, the Secretary and
                    the Director of the National Institute of Standards and
                    Technology shall jointly submit to Congress a report
                    describing the development, implementation, efficacy,
                    and privacy implications of the technology standard and
                    the System.
                ``(3) Identity and employment eligibility verification.--An
            employer shall verify the identity and eligibility for
            employment of an individual hired by the employer through the
            System as follows:
                        ``(A) Initial inquiry.--The employer shall submit
                    through the Internet or other electronic media, or over
                    a telephone line an inquiry through the System to seek
                    confirmation of the individual's identity and
                    eligibility for employment in the United States not
                    earlier than on the first day such employment actually
                    commences and not later than 5 working days after the
                    date such employment actually commences.
                                ``(i) In general.--The Secretary, through
                            the System, shall confirm or tentatively
                            nonconfirm an individual's identity and
                            eligibility for employment in the United States
                            not later than 1 working day after an employer
                            submits an inquiry regarding the employee.
                                ``(ii) Manual verification.--If the System
                            provides a tentative nonconfirmation with
                            respect to an individual under clause (i), the
                            Secretary and/or Commissioner shall complete a
                            secondary manual verification not later than 6
                            working days after such tentative
                            nonconfirmation is made.
                                ``(iii) Determination.--Not later than 10
                            days after the employer submits an inquiry
                            under subparagraph (A) the Secretary, through
                            the System, shall provide to the employer the
                            results of the verification required by clause
                            (i) and (ii). Such results shall be a
                            determination that--
                                        ``(I) confirms the individual's
                                    identity and eligibility for employment
                                    in the United States; or
                                        ``(II) the System is tentatively
                                    unable to confirm the individual's
                                    identity or eligibility for employment
                                    (referred to in this section as a
                                    `tentative nonconfirmation').
                        ``(B) Submission of information.--An individual who
                    is the subject of a tentative nonconfirmation may
                    submit to the Secretary or Commissioner, through the
                    System, information to confirm such individual's
                    identity or eligibility for employment or to otherwise
                    contest such tentative nonconfirmation not later than
                    15 working days after the individual receives notice of
                    such tentative nonconfirmation.
                        ``(C) Extension.--The 15-day period referred to in
                    subparagraph (B) may be extended by the Secretary for
                    good cause at the request of the individual.
                        ``(D) Prohibition on termination for tentative
                    nonconfirmation.--An employer may not terminate the
                    employment of an individual based on tentative
                    nonconfirmation.
                        ``(E) Final determination.--Not later than 10 days
                    after the individual contests such tentative
                    nonconfirmation or, in the case of an individual who
                    fails to contest such tentative nonconfirmation, not
                    later than 25 days after the date of the initial
                    tentative nonconfirmation, the Secretary shall provide,
                    through the system to the employer the results of the
                    verification. Such results shall be a determination
                    that--
                                ``(i) confirms the individual's identity
                            and eligibility for employment in the United
                            States; or
                                ``(ii) the System is unable to confirm the
                            individual's identity or eligibility for
                            employment (referred to in this section as a
                            `final nonconfirmation').
                        ``(F) Administrative and judicial review.--If the
                    Secretary, through the System, provides a final
                    nonconfirmation with respect to an individual, the
                    individual shall have the right to administrative
                    review under paragraph (21) and judicial review under
                    paragraph (22) of such final nonconfirmation.
                        ``(G) Termination of employee.--If an employer
                    receives a final nonconfirmation with respect to an
                    individual under paragraph (E), the employer shall
                    terminate the employment of such individual after the
                    conclusion of the 30-day period for the individual to
                    file an administrative appeal as described in paragraph
                    (21), unless the Secretary or the Commissioner stays
                    the final nonconfirmation notice pending the resolution
                    of the administrative appeal or judicial review.
                        ``(H) Right to review and correct system
                    information.--
                                ``(i) The Secretary, in consultation with
                            the Commissioner of Social Security, shall
                            establish procedures to permit an individual to
                            verify the individual's eligibility for
                            employment in the United States prior to
                            obtaining or changing employment, to view the
                            individual's own records in the System in order
                            to ensure the accuracy of such records, and to
                            correct or update the information used by the
                            System regarding the individual. To the
                            greatest practicable extent such procedures
                            shall allow electronic submission of such
                            information.
                                ``(ii) The Secretary, in consultation with
                            the Commissioner of Social Security, shall
                            establish procedures for an Enhanced
                            Verification System under paragraph (25)
                            through which an individual who has viewed the
                            individual's own record may electronically
                            block he use of the individual's social
                            security number and may register a phone number
                            or e-mail address to be contacted upon removal
                            of the block under the System and remove such
                            block in order to prevent the fraudulent or
                            other misuse of a social security account
                            number, prevent employer misuse of the system,
                            protect privacy, and limit erroneous non-
                            confirmations during employment verification.
                        ``(H) Reverification.--
                                ``(i) In general.--It is an unfair
                            immigration-related employment practice under
                            section 274B for an employer to reverify an
                            individual's identity and employment
                            eligibility unless--
                                        ``(I) the individual's work
                                    authorization expires as described in
                                    section 274a.2(b)(1)(vii) of title 8,
                                    Code of Federal Regulation or a
                                    subsequent similar regulation, in which
                                    case--
                                                ``(aa) not later than 30
                                            days prior to the expiration of
                                            the individual's work
                                            authorization, the Secretary
                                            shall notify the employer of
                                            such expiration and of the
                                            employer's need to reverify the
                                            individual's employment
                                            eligibility; and
                                                ``(bb) the individual may
                                            present, and the employer shall
                                            accept, a receipt for the
                                            application for a replacement
                                            document, extension of work
                                            authorization, or a document
                                            described in clause (i) through
                                            (v) of subparagraph (B) of
                                            subsection (b)(1) in lieu of
                                            the required document by the
                                            expiration date in order to
                                            comply with any requirement to
                                            examine documentation imposed
                                            by this section, and the
                                            individual shall present the
                                            required document within 90
                                            days from the date the
                                            employment authorization
                                            expires. If the actual document
                                            or replacement document is to
                                            be issued by United States
                                            Citizenship and Immigration
                                            Services and the application is
                                            still under review 60 days
                                            after the employment
                                            authorization expiration date,
                                            United States Citizenship and
                                            Immigration Services shall by
                                            the 60th day after the
                                            expiration date of the
                                            employment authorization, issue
                                            a letter for the applicant to
                                            take to the employer which
                                            shall automatically grant the
                                            individual an additional 90
                                            days to present the document or
                                            replacement document; and
                                        ``(II) the employer has actual or
                                    constructive knowledge that the
                                    individual is not authorized to work in
                                    the United States; or
                                        ``(III) unless otherwise required
                                    by law.
                                ``(ii) Continuing employment.--An employer
                            may not verify an individual's employment
                            eligibility if the individual is continuing in
                            his or her employment as described in section
                            274a.2(b)(1)(viii) of title 8, Code of Federal
                            Regulation or any subsequent similar
                            regulation.
                ``(4) Design and operation of system.--The Secretary, in
            consultation with the Commissioner of Social Security, shall
            design and operate the System--
                        ``(A) to maximize reliability and ease of use by
                    employers and employees in a manner that protects and
                    maintains the privacy and security of the information
                    maintained in the System;
                        ``(B) to permit an employer to submit an inquiry to
                    the System through the Internet or other electronic
                    media or over a telephone line;
                        ``(C) to respond to each inquiry made by an
                    employer;
                        ``(D) to maintain a record of each such inquiry and
                    each such response;
                        ``(E) to track and record any occurrence when the
                    System is unable to receive such an inquiry;
                        ``(F) to include appropriate administrative,
                    technical, and physical safeguards to prevent
                    unauthorized disclosure of personal information during
                    use, transmission, storage, or disposal of that
                    information, including the use of encryption, carrying
                    out periodic testing of the System to detect, prevent,
                    and respond to vulnerabilities or other failures, and
                    utilizing periodic security updates;
                        ``(G) to allow for monitoring of the use of the
                    System and provide an audit capability;
                        ``(H) to have reasonable safeguards, developed in
                    consultation with the Attorney General, to prevent
                    employers from engaging in unlawful discriminatory
                    practices;
                        ``(I) to permit an employer to submit the
                    attestations required by subsection (b); and
                        ``(J) to permit an employer to utilize any
                    technology that is consistent with this section and
                    with any regulation or guidance from the Secretary to
                    streamline the procedures to comply with the
                    attestation and employment eligibility verification
                    requirements contained in this section.
                ``(5) Limitation on data elements stored.--
                        ``(A) The System and any databases created by the
                    Commissioner of Social Security or the Secretary for
                    use in the System shall store only the minimum data
                    about each individual for whom an inquiry was made
                    through the System to facilitate the successful
                    operation of the System, and in no case shall the data
                    stored be other than--
                                ``(i) the individual's full legal name;
                                ``(ii) the individual's date of birth;
                                ``(iii) the individual's social security
                            account number or employment authorization
                            status identification number;
                                ``(iv) the address of the employer making
                            the inquiry and the dates of any prior
                            inquiries concerning the identity and
                            authorization of the individual by the employer
                            or any other employer and the address of such
                            employer;
                                ``(v) a record of each prior determination
                            regarding the individual's identity and
                            employment eligibility issued through the
                            System; and
                                ``(vi) in the case of the individual who
                            successfully contested or appealed a tentative
                            nonconfirmation or final nonconfirmation,
                            explanatory information concerning the
                            successful resolution of any erroneous data or
                            confusion regarding the identity or eligibility
                            for employment of the individual, including the
                            source of that error.
                        ``(B) Information provided pursuant to subsection
                    (c)(5)(A)(i)-(v) shall be deleted from the System one
                    year after the date of entry unless the Secretary shall
                    determine it is relevant to an ongoing determination or
                    appeal, a review of errors or compensation for errors,
                    or an ongoing investigation of fraud or misuse of the
                    system. The Secretary shall not retain any data
                    pursuant to this subsection after the completion of an
                    appeal or investigation except as described in
                    subsection (c)(5)(A)(vi).
                ``(6) Responsibilities of the commissioner of social
            security.--The Commissioner of Social Security shall establish
            a reliable, secure method to provide through the System, within
            the time periods required by subparagraphs (B) and (C) of
            paragraph (2)--
                        ``(A) a confirmation of whether or not the
                    individual is a United States citizen;
                        ``(B) a determination of whether the name and
                    social security account number provided, with respect
                    to an individual, in an inquiry by an employer, match
                    such information maintained by the Commissioner in
                    order to confirm the validity of the information
                    provided;
                        ``(C) a determination of whether such social
                    security account number was issued to the individual;
                    and
                        ``(D) a determination described in subparagraph (B)
                    or (C) of paragraph (2), in a manner that ensures that
                    other information maintained by the Commissioner is not
                    disclosed or released to employers through the System.
                ``(7) Responsibilities of the secretary.--The Secretary
            shall establish a reliable, secure method to provide, through
            the System, within the time periods required by subparagraphs
            (B) and (C) of paragraph (2)--
                        ``(A) a determination of whether the name and alien
                    identification or authorization number provided, with
                    respect to an individual, in an inquiry by an employer
                    match such information maintained by the Secretary in
                    order to confirm the validity of the information
                    provided;
                        ``(B) a determination of whether such number was
                    issued to the individual;
                        ``(C) a determination of whether the individual is
                    authorized to be employed in the United States; and
                        ``(D) any other related information that the
                    Secretary determines is appropriate.
                ``(8) Privacy impact assessment.--The Commissioner of
            Social Security and the Secretary shall each complete a privacy
            impact assessment as described in section 208 of the E-
            Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501
            note) with regard to the System.
                ``(9) Training.--Not later than 6 months before
            implementation of the EEVS, the Commissioner of Social Security
            and the Secretary shall institute a comprehensive program of
            outreach and training for employers regarding the operation of
            the verification system described in this section and informing
            them of ongoing assistance resources for the implementation and
            use of such systems.
                ``(10) Public education.--Not later than 6 months before
            implementation of the EEVS, the Commissioner of Social Security
            and the Secretary shall develop a public education campaign
            regarding the obligations imposed by this section as well as
            instructional materials provided without cost to the public
            regarding how to use the EEVS.
                ``(11) Hotline.--The Secretary shall establish a fully
            staffed 24-hour toll-free hotline that shall receive inquiries
            from individuals or employers concerning determinations made by
            the System and shall identify for an individual, at the time of
            inquiry, the particular data that resulted in a determination
            that the System was unable to verify the individual's identity
            or eligibility for employment.
                ``(12) Participation.--
                        ``(A) Requirements for participation.--Except as
                    provided in subparagraphs (D) and (E), the Secretary
                    shall require employers to participate in the System as
                    follows:
                                ``(i) Critical employers.--Not later than 6
                            months after the date of enactment of this Act,
                            the Secretary shall require all agencies and
                            departments of the United States (including the
                            Armed Forces), a State government (including a
                            State employment agency before making a
                            referral), or any other employer if it employs
                            individuals working in a location that is a
                            Federal, State, or local government building, a
                            military base, a nuclear energy site, a weapon
                            site, or an airport, but only to the extent of
                            such individuals, to participate in the System,
                            with respect to all individuals hired after the
                            date the Secretary requires such participation.
                                ``(ii) Large employers.--Not later than 1
                            year after the date of enactment of this Act
                            the Secretary shall require an employer with
                            5,000 or more employees in the United States to
                            participate in the System, with respect to all
                            employees hired by the employer after the date
                            the Secretary requires such participation.
                                ``(iii) Midsized employers.--Not later than
                            2 years after the date of enactment of this Act
                            the Secretary shall require an employer with
                            less than 5,000 employees and 1,000 or more
                            employees in the United States to participate
                            in the System, with respect to all employees
                            hired by the employer after the date the
                            Secretary requires such participation.
                                ``(iv) Small employers.--Not later than 3
                            years after the date of the enactment of the
                            this Act, the Secretary shall require all
                            employers with less than 1,000 employees in the
                            United States to participate in the System,
                            with respect to all employees hired by the
                            employer after the date the Secretary requires
                            such participation.
                        ``(B) Requirement to publish.--The Secretary shall
                    publish in the Federal Register the requirements for
                    participation in the System for employers described in
                    clauses (i) through (iv) of subparagraph (A) prior to
                    the effective date of such requirements.
                        ``(C) Other participation in system.--
                    Notwithstanding subparagraph (A), the Secretary has the
                    authority to permit any employer that is not required
                    to participate in the System under subparagraph (A) to
                    participate in the System on a voluntary basis
                        ``(D) Waiver.--
                                ``(i) Authority to provide a waiver.--The
                            Secretary is authorized to waive or delay the
                            participation requirements of subparagraph (A)
                            with respect to any employer or class of
                            employers if the Secretary provides notice to
                            Congress of such waiver prior to the date such
                            waiver is granted.
                                ``(ii) Requirement to provide a waiver.--
                            The Secretary shall waive or delay the
                            participation requirements of subparagraph (A)
                            with respect to any employer or class of
                            employers until the date that the Comptroller
                            General of the United States submits the
                            initial certification described in paragraph
                            (19)(E) and shall waive or delay such
                            participation during a year if the Comptroller
                            General fails to submit a certification of
                            paragraph (19)(E) for such year.
                        ``(E) Consequence of failure to participate.--If an
                    employer is required to participate in the System and
                    fails to comply with the requirements of the System
                    with respect to an individual--
                                ``(i) such failure shall be treated as a
                            violation of subsection (a)(1)(B); and
                                ``(ii) a rebuttable presumption is created
                            that the employer has violated subsection
                            (a)(1)(A), however, such presumption may not
                            apply to a prosecution under subsection (e)(1).
                ``(13) Employer requirements.--
                        ``(A) In general.--An employer that participates in
                    the System, with respect to the hiring of an individual
                    for employment in the United States, shall--
                                ``(i) notify the individual of the use of
                            the System and that the System may be used for
                            immigration enforcement purposes;
                                ``(ii) obtain from the individual the
                            documents required by subsection (b)(1) and
                            record on the form designated by the
                            Secretary--
                                        ``(I) the individual's social
                                    security account number; and
                                        ``(II) in the case of an individual
                                    who does not attest that the individual
                                    is a national of the United States
                                    under subsection (b)(2), such
                                    identification or authorization number
                                    that the Secretary shall require;
                                ``(iii) retain such form in electronic,
                            paper, microfilm, or microfiche form and make
                            such form available for inspection for the
                            periods and in the manner described in
                            subsection (b)(3); and
                                ``(iv) safeguard any information collected
                            for purposes of the System and protect any
                            means of access to such information to ensure
                            that such information is not used for any
                            purpose other than to determine the identity
                            and employment eligibility of the individual
                            and to protect the confidentiality of such
                            information, including ensuring that such
                            information is not provided to any person other
                            than a person who carries out the employer's
                            responsibilities under this subsection. Failure
                            to safeguard such information shall be a
                            violation of subsection (c)(14).
                        ``(B) Confirmation, tentative nonconfirmation, or
                    final nonconfirmation.--
                                ``(i) Confirmation.--If an employer
                            receives a determination through the System
                            under paragraph (3) for an individual, the
                            employer shall retain either an electronic,
                            paper, or microfiche form record of such
                            confirmation for the period required by
                            subsection (b)(4)(A).
                                ``(ii) Tentative nonconfirmation and
                            verification.--
                                        ``(I) Nonconfirmation.--If an
                                    employer receives a tentative
                                    nonconfirmation with respect to an
                                    individual, the employer shall retain
                                    either an electronic or paper record of
                                    such nonconfirmation for the period
                                    required by subsection (b)(4)(A) and
                                    inform such individual not later than 3
                                    working days after the issuance of such
                                    notice in the manner prescribed by the
                                    Secretary that includes information
                                    regarding the individual's right to
                                    submit information to contest the
                                    tentative nonconfirmation and the
                                    address and telephone numbers
                                    established by the Commissioner and the
                                    Secretary to obtain information on how
                                    to submit such information. The
                                    individual must acknowledge in writing
                                    whether or not the individual chooses
                                    to contest or not contest the tentative
                                    nonconfirmation. The employer shall
                                    submit to the System the individual's
                                    action.
                                        ``(II) No contest.--If the
                                    individual does not contest the
                                    tentative nonconfirmation notice within
                                    15 working days of receiving notice
                                    from the individual's employer, the
                                    notice shall become final and the
                                    employer shall retain either an
                                    electronic or paper record of such
                                    final nonconfirmation for the period
                                    required by subsection (b)(4)(A). An
                                    individual's failure to contest a
                                    tentative nonconfirmation may not be
                                    the basis for determining that the
                                    employer acted in a knowing (as defined
                                    in section 274a.1 of title 8, Code of
                                    Federal Regulations, or any
                                    corresponding similar regulation)
                                    manner.
                                        ``(III) Contest.--If the individual
                                    contests the tentative nonconfirmation
                                    notice under subclause (I), the
                                    individual shall submit appropriate
                                    information to contest such notice to
                                    the Secretary or Commissioner of Social
                                    Security within 15 working days of
                                    receiving notice from the individual's
                                    employer and shall utilize the
                                    verification process developed under
                                    paragraph (3)(B).
                                        ``(IV) Effective period of
                                    tentative nonconfirmation.--A tentative
                                    nonconfirmation notice shall remain in
                                    effect until such notice becomes final
                                    under clause (II) or a final
                                    confirmation notice or final
                                    nonconfirmation notice is issued by the
                                    System.
                                        ``(V) Prohibition.--An employer may
                                    not terminate the employment of an
                                    individual based on a tentative
                                    nonconfirmation notice. Nothing in this
                                    clause shall apply to termination of
                                    employment for any legitimate reason
                                    other than because of such a tentative
                                    nonconfirmation.
                                ``(iii) Final nonconfirmation.--
                                        ``(I) If an employer has received a
                                    final nonconfirmation with respect to
                                    an individual, the employer shall
                                    terminate the employment of the
                                    individual after the expiration of the
                                    time period prescribed in paragraph
                                    (21) for the individual to file an
                                    administrative appeal of a final
                                    nonconfirmation notice, unless the
                                    Secretary or the Commissioner stays the
                                    final nonconfirmation notice pending
                                    the resolution of the administrative
                                    appeal, or a stay is issued pending
                                    judicial review.
                                        ``(II) Continued employment after
                                    final nonconfirmation.--If the employer
                                    continues to employ (or to recruit or
                                    refer) an individual after the
                                    expiration of the period for the
                                    individual to file an administrative
                                    appeal of a final nonconfirmation
                                    notice under paragraph (21) (unless the
                                    Secretary or the Commissioner stayed
                                    the final nonconfirmation notice
                                    pending the resolution of the
                                    administrative appeal or a stay is
                                    issued pending judicial review), a
                                    rebuttable presumption is created that
                                    the employer has violated subsections
                                    paragraphs (1)(A) and (2) of subsection
                                    (a). Such presumption may not apply to
                                    a prosecution under subsection (e)(1).
                ``(14) Prohibition of unlawful accessing and obtaining of
            information.--
                        ``(A) In general.--It shall be unlawful for any
                    individual other than an employee of the Social
                    Security Administration or the Department of Homeland
                    Security specifically charged with maintaining the
                    System to intentionally and knowingly--
                                ``(i) access the System or the databases
                            utilized to verify identity or employment
                            eligibility for the System for any purpose
                            other than verifying identity or employment
                            eligibility or modifying the System pursuant to
                            law or regulation; or
                                ``(ii) obtain the information concerning an
                            individual stored in the System or the
                            databases utilized to verify identity or
                            employment eligibility for the System for any
                            purpose other than verifying identity or
                            employment authorization or modifying the
                            System pursuant to law or regulation.
                        ``(B) Penalties.--
                                ``(i) Unlawful access.--Any individual who
                            unlawfully accesses the System or the databases
                            as described in subparagraph (A)(i) shall be
                            fined no more than $1,000 per individual or
                            sentenced to no more than 6 months imprisonment
                            or both per individual whose file was
                            compromised.
                                ``(ii) Unlawful use.--Any individual who
                            unlawfully obtains information stored in the
                            System in the database utilized to verify
                            identity or employment eligibility for the
                            System and uses the information to commit
                            identity theft for financial gain or to evade
                            security or to assist another in gaining
                            financially or evading security, shall be fined
                            no more than $10,000 per individual or
                            sentenced to no more than 1 year of
                            imprisonment or both per individual whose
                            information was obtained and misappropriated.
                ``(15) Protection from liability.--No employer that
            participates in the System and complies in good faith with the
            attestation in subsection (b)(1) and the employer requirements
            of this section shall be liable under any law for any
            employment-related action taken with respect to an individual
            in good faith reliance on information provided by the System
            regarding that individual.
                ``(16) Limitation on use of the system.--Notwithstanding
            any other provision of law, nothing in this subsection shall be
            construed to permit or allow any department, bureau, or other
            agency of the United States to utilize any information,
            database, or other records used in the System for any purpose
            other than as provided for under this subsection.
                ``(17) Access to database.--No officer or employee of any
            agency or department of the United States, other than such an
            officer or employee who is responsible for the verification of
            employment eligibility or for the evaluation of an employment
            eligibility verification program at the Social Security
            Administration, the Department of Homeland Security, and the
            Department of Labor, may have access to any information,
            database, or other records utilized by the System.
                ``(18) Modification authority.--The Secretary, after notice
            is submitted to Congress and provided to the public in the
            Federal Register, is authorized to modify the requirements of
            this subsection, including requirements with respect to
            completion of forms, method of storage, attestations, copying
            of documents, signatures, methods of transmitting information,
            and other operational and technical aspects to improve the
            efficiency, accuracy, and security of the System.
                ``(19) Annual study and report.--
                        ``(A) Requirement for study.--The Comptroller
                    General of the United States shall conduct an annual
                    study of the System as described in this paragraph.
                        ``(B) Purpose of the study.--The Comptroller
                    General shall, for each year, undertake a study to
                    determine whether the System meets the following
                    requirements:
                                ``(i) Demonstrated accuracy of the
                            databases.--New information and information
                            changes submitted by an individual to the
                            System is updated in all of the relevant
                            databases not later than 3 working days after
                            submission in at least 99 percent of all cases.
                                ``(ii) Low error rates and delays in
                            verification.--
                                        ``(I) Rates of incorrect final
                                    nonconfirmation notices.--That, during
                                    a year, not more than .5 percent of all
                                    final nonconfirmations provided through
                                    the System during such year are
                                    incorrect.
                                        ``(II) Rates of incorrect tentative
                                    nonconfirmation notices.--
                                                ``(aa) That, during a year,
                                            not more than 1 percent of
                                            native-born United States
                                            citizens whose identity and
                                            work eligibility are submitted
                                            to the system is the subject of
                                            a tentative nonconfirmation.
                                                ``(bb) That, during a year,
                                            not more than 3 percent of
                                            foreign-born, work authorized
                                            individuals whose identity and
                                            work eligibility are submitted
                                            to the System are the subject
                                            of a tentative nonconfirmation.
                                ``(iii) Containment of error rates.--That,
                            during a year, the rate of incorrect final and
                            incorrect tentative nonconfirmations shall not
                            have increased by more than 3 percent over the
                            previous year.
                                ``(iv) Measurable employer compliance with
                            system requirements.--
                                        ``(I) No discrimination based on
                                    system operations.--The System has not
                                    resulted in increased employment
                                    discrimination on the basis of race or
                                    national origin.
                                        ``(II) Requirement for independent
                                    study.--The determination described in
                                    subclause (I) shall be based on an
                                    independent study commissioned by the
                                    Comptroller General in each phase of
                                    expansion of the System.
                                ``(v) Protection of workers' private
                            information.--At least 97 percent of employers
                            who participate in the System are in full
                            compliance with the privacy requirements
                            described in this subsection.
                                ``(vi) Effective security.--An assessment
                            of the privacy and confidentiality of the
                            system and of the overall security of the
                            system with respect to cybertheft and theft and
                            misuse of private data.
                                ``(vii) Adequate agency staffing and
                            funding.--The Secretary and Commissioner of
                            Social Security have sufficient funding to meet
                            all of the deadlines and requirements of this
                            subsection.
                        ``(C) Consultation.--In conducting a study under
                    this paragraph, the Comptroller General shall consult
                    with representatives of business, labor, immigrant
                    communities, State governments, privacy advocates, and
                    appropriate departments of the United States.
                        ``(D) Requirement for reports.--Not later than 21
                    months after the date of the enactment of this Act and
                    annually thereafter, the Comptroller General shall
                    submit to the Secretary and to Congress a report
                    containing the findings of the study carried out under
                    this paragraph.
                        ``(E) Certification.--If the Comptroller General
                    determines that the System meets the requirements set
                    out in clauses (i) through (vii) of subparagraph (B)
                    for a year, the Comptroller shall certify such
                    determination and submit such certification to Congress
                    with the report required by subparagraph (D).
                ``(20) Annual audit and report.--
                        ``(A) Purpose of the audit and report.--The Office
                    for Civil Rights and Civil Liberties shall conduct
                    annual audits of the system described in section 403(a)
                    of the Illegal Immigration Reform and Responsibility
                    Act of 1996, Public Law 104-208, Div. C, 110 Stat.
                    3009-546, to assess employer compliance with System
                    requirements, including civil rights and civil
                    liberties protections, and compliance with the System
                    rules and procedures set forth in the Memorandum of
                    Understanding between employers and the Social Security
                    Administration and the Department of Homeland Security.
                        ``(B) Requirements of audit.--Annual audits shall
                    include, but are not limited to, the following
                    activities:
                                ``(i) Use of testers to check if employers
                            are using E-Verify as outlined in the
                            Memorandum of Understanding between employers
                            and the Department of Homeland Security and the
                            Social Security Administration, including if
                            employers are misusing the system to prescreen
                            job applicants, if employers are giving proper
                            notification to employees' regarding tentative
                            non-confirmations, and if employers are taking
                            adverse actions against workers based upon
                            tentative non-confirmations.
                                ``(ii) Random audits of employers to
                            confirm that employers are using the system as
                            outlined in the Memorandum of Understanding and
                            in a manner consistent with civil rights and
                            civil liberties protections.
                                ``(iii) Periodic audits of employers for
                            which the Special Counsel has received
                            information or complaints and/or actual charges
                            of citizenship/national origin discrimination
                            or document abuse.
                        ``(C) Authority of office for civil rights and
                    civil liberties.--The Office shall have the authority
                    to obtain from users of the E-Verify program relevant
                    documents and testimony and answers to written
                    interrogatories. The Office shall also have the
                    authority to conduct site visits, and interview
                    employees.
                        ``(D) Failure of employers to cooperate.--Employers
                    that fail to cooperate with the Office for Civil Rights
                    and Civil Liberties shall be noted in the annual report
                    set forth below in subsection (E).
                        ``(E) Requirement for reports.--Not later than 18
                    months after the date of enactment of this Act, and
                    annually thereafter, the Office for Civil Rights and
                    Civil Liberties shall submit to the President of the
                    Senate, the Speaker of the House of Representatives,
                    and the appropriate committees and subcommittees of
                    Congress a report containing the findings of the audit
                    carried out under this paragraph.
                ``(21) Administrative review.--
                        ``(A) In general.--An individual who receives a
                    final nonconfirmation may, not later than 30 days after
                    the date of such notice, file an appeal of such final
                    nonconfirmation. An individual subject to a final
                    nonconfirmation may file an appeal thereof after the
                    30-day period if the appeal is accompanied by evidence
                    that the individual did not receive timely notice of a
                    tentative or final nonconfirmation, or that there was
                    good cause for the failure to file an appeal within the
                    30-day period.
                        ``(B) Procedures.--
                                ``(i) The Secretary and Commissioner of
                            Social Security shall develop procedures to
                            review appeals filed under subparagraph (A) and
                            to make final determinations on such appeals.
                            The review on appeal may include any additional
                            or newly discovered evidence presented by the
                            appellant during the time of the pending appeal
                            or subsequently by motion to reopen.
                                ``(ii) The Secretary or the Commissioner
                            shall stay the final nonconfirmation notice
                            pending the resolution of the administrative
                            appeal unless the Secretary or the Commissioner
                            determines that the administrative appeal is
                            frivolous, unlikely to succeed on the merits,
                            or filed for purposes of delay.
                        ``(C) Review for errors.--If a final determination
                    on an appeal filed under subparagraph (A) results in a
                    confirmation of an individual's eligibility for
                    employment in the United States, the administrative
                    review process shall require the Secretary to determine
                    if the final nonconfirmation issued for the individual
                    was the result of--
                                ``(i) an error or negligence on the part of
                            an employee or official operating or
                            responsible for the System;
                                ``(ii) an error or negligence on the part
                            of an employer or entity acting on behalf of
                            the employer;
                                ``(iii) the decision rules, processes, or
                            procedures utilized by the System; or
                                ``(iv) erroneous system information that
                            was not the result of acts or omissions of the
                            individual.
                        ``(D) Compensation for error.--
                                ``(i) In general.--If the individual was
                            denied a stay under subparagraph (B)(2) and
                            Secretary makes a determination under
                            subparagraph (C) that the final nonconfirmation
                            issued for an individual was not caused by an
                            act or omission of the individual or the
                            employer, the Secretary shall compensate the
                            individual for lost wages and for reasonable
                            costs and attorneys' fees not exceeding
                            $75,000, subject to annual inflation
                            adjustments per the US Consumer Price Index -
                            All Urban Consumers (CPI-U) compiled by the
                            Bureau of Labor Statistics.
                                ``(ii) Calculation of lost wages.--Lost
                            wages shall be calculated based on the wage
                            rate and work schedule that prevailed prior to
                            termination. The individual shall be
                            compensated for wages lost beginning on the
                            first scheduled work day after employment was
                            terminated and ending 180 days after completion
                            of the administrative review process described
                            in this paragraph, or judicial review if any,
                            or the day after the individual is reinstated
                            or obtains employment elsewhere, whichever
                            occurs first. If the individual obtains
                            employment elsewhere at a lower wage rate, the
                            individual shall be compensated for the
                            difference in wages for the period ending 180
                            days after completion of the administrative
                            review process or judicial review, if any.
                                ``(iii) Limitation on compensation.--For
                            purposes of determining an individual's
                            compensation for the loss of employment, such
                            compensation shall not include any period in
                            which the individual was ineligible for
                            employment in the United States.
                                ``(iv) Source of funds.--Compensation or
                            reimbursement provided under this paragraph
                            shall not be provided from funds appropriated
                            in annual appropriations Acts to the Secretary
                            for the Department of Homeland Security.
                        ``(E) Temporary stay of final administrative
                    decision denying appeal.--If the appeal is denied, the
                    Secretary shall stay the decision for a period of 15
                    days to permit the individual to seek judicial review
                    of the decision pursuant to paragraph (21).
                ``(22) Judicial review.--
                        ``(A) In general.--After the Secretary makes a
                    final determination on an appeal filed by an individual
                    under paragraph (19), the individual may obtain
                    judicial review of such determination in a civil action
                    commenced not later than 90 days after notice of such
                    decision, or such further time as the Secretary may
                    allow.
                        ``(B) Jurisdiction.--A civil action for such
                    judicial review shall be brought in the district court
                    of the United States for the judicial district in which
                    the plaintiff resides, or has a principal place of
                    business, or, if the plaintiff does not reside or have
                    a principal place of business within any such judicial
                    district, in the District Court of the United States
                    for the District of Columbia.
                        ``(C) Answer.--As part of the Secretary's answer to
                    a complaint for such judicial review, the Secretary
                    shall file a certified copy of the administrative
                    record compiled during the administrative review under
                    paragraph (21), including the evidence upon which the
                    findings and decision complained of are based. The
                    court shall have power to enter, upon the pleadings and
                    transcript of the record, a judgment affirming or
                    reversing the result of that administrative review,
                    with or without remanding the cause for a rehearing.
                        ``(D) Compensation for error.--
                                ``(i) In general.--In cases in which the
                            individual was denied a stay under subparagraph
                            (19)(B)(2) and such judicial review reverses
                            the final determination of the Secretary made
                            under paragraph (21), the court shall
                            compensate the individual for lost wages and
                            for reasonable costs and attorneys' fees not
                            exceeding $75,000, subject to annual inflation
                            adjustments per the US Consumer Price Index -
                            All Urban Consumers (CPI-U) compiled by the
                            Bureau of Labor Statistics.
                                ``(ii) Calculation of lost wages.--Lost
                            wages shall be calculated based on the wage
                            rate and work schedule that prevailed prior to
                            termination. The individual shall be
                            compensated for wages lost beginning on the
                            first scheduled work day after employment was
                            terminated and ending 180 days after completion
                            of the judicial review described in this
                            paragraph or the day after the individual is
                            reinstated or obtains employment elsewhere,
                            whichever occurs first. If the individual
                            obtains employment elsewhere at a lower wage
                            rate, the individual shall be compensated for
                            the difference in wages for the period ending
                            180 days after completion of the administrative
                            and judicial review process.
                ``(23) Private right of action.--If the Secretary makes a
            determination under paragraph (21) that the final
            nonconfirmation issued for an individual was caused by an act
            or negligence on the part of the employer, the individual may
            seek recovery of damages, reinstatement, back pay, and other
            appropriate remedies in a civil action against the employer.
            Such action must be commenced not later than 90 days after
            notice of the Secretary's decision. The action shall be brought
            in the district court of the United States for the judicial
            district in which the plaintiff resides, or has a principal
            place of business, or, if the plaintiff does not reside or have
            a principal place of business within any such judicial
            district, in the District Court of the United States for the
            District of Columbia.
                ``(24) Statutory construction.--Nothing in this subsection
            shall affect any existing rights and obligations of employers
            or employees under other Federal, State, or local laws.
                ``(25) Enhanced verification system.--The Secretary, in
            consultation with the Commissioner of Social Security, shall
            establish a voluntary self-verification system in order to
            prevent the fraudulent or other misuse of the individual's
            Social Security number during employment verification, to
            prevent employer misuse of the system, to protect privacy, and
            to limit erroneous nonconfirmation during employment
            verification. The voluntary system shall allow an individual to
            verify the individual's own record, to block and unblock the
            use of the individual's Social Security number, and to register
            a phone number or e-mail address to be contacted upon removal
            of the block.
                        ``(A) Voluntary enrollment.--An individual may
                    enroll in the Enhanced Verification System on a
                    voluntary basis.
                        ``(B) Select entities required to participate in
                    the enhanced verification system.--
                                ``(i) Executive departments.--Each
                            Department of the Federal Government shall
                            elect to participate in the Enhanced
                            Verification System and shall comply with the
                            terms and conditions of such an election.
                                ``(ii) Legislative branch.--Each Member of
                            Congress, each officer of Congress, and the
                            head of each agency of the legislative branch
                            shall elect to participate in the Enhanced
                            Verification System and shall comply with the
                            terms and conditions of such an election.
                        ``(C) Electronic access.--The Secretary shall
                    establish procedures allowing individuals to use a
                    Personal Identification Number (PIN) or other
                    biographic information to authenticate the individual's
                    identity and to block and unblock the individual's
                    Social Security number electronically.
                        ``(D) Use of enhanced verification system receipt
                    for purpose of employment verification.--
                                ``(i) Encrypted code.--The Secretary shall
                            establish procedures to allow an individual who
                            has authenticated the individual's identity and
                            unblocked the individual's Social Security
                            number to receive a single-use encrypted code
                            which may be presented to the employer instead
                            of the documents described in subsection (b)
                            and for the employer to submit the encrypted
                            single-use code to the system.
                                ``(ii) Confirmation.--An employer who
                            submits a valid single-use encrypted code with
                            respect to an individual shall immediately
                            receive a confirmation through the system.
                                ``(iii) Expedited review process.--The
                            Secretary shall establish an expedited review
                            process to allow an individual who has
                            authenticated the individual's identity and
                            unblocked the individual's Social Security
                            number immediately to correct user or system
                            errors which result in an erroneous non-
                            confirmation of work eligibility.
                        ``(E) Reports.--
                                ``(i) In general.--The Secretary of
                            Homeland Security shall submit to the
                            Committees on the Judiciary of the House of
                            Representatives and of the Senate reports on
                            the Enhanced Verification System within 3
                            months after the end of the third and fourth
                            years in which the programs are in effect. Such
                            reports shall--
                                        ``(I) assess the degree of
                                    fraudulent attesting of United States
                                    citizenship;
                                        ``(II) assess the benefits of the
                                    Enhanced Verification System to
                                    employers and the degree to which it
                                    prevents fraudulent claims of United
                                    States citizenship or legal residence
                                    and strengthens the enforcement of
                                    section 274A;
                                        ``(III) assess the benefits of the
                                    Enhanced Verification System to
                                    individuals and the degree to which
                                    they prevent misuse of the System and
                                    erroneous non-confirmations during
                                    employment verification;
                                        ``(IV) assess if the Enhanced
                                    Verification System aides in reducing
                                    discrimination during the employment
                                    verification process;
                                        ``(V) assess the degree to which
                                    the Enhanced Verification System
                                    protects employee civil liberties and
                                    privacy; and
                                        ``(VI) include recommendations on
                                    whether or not Enhanced Verification
                                    System should be continued or modified,
                                    and
                                ``(ii) Report on expansion.--Not later than
                            6 months after the end of the fourth year in
                            which the programs are in effect, the Secretary
                            of Homeland Security shall submit to the
                            Committees on the Judiciary of the House of
                            Representatives and the Senate a report--
                                        ``(I) evaluating whether the
                                    problems identified by the report
                                    submitted under subsection (i) have
                                    been substantially resolved; and
                                        ``(II) describing what actions the
                                    Secretary of Homeland Security shall
                                    take before requiring any individuals
                                    to participate in the Enhanced
                                    Verification System.
                        ``(F) Limitation on use of the confirmation system
                    and any related systems.--Notwithstanding any other
                    provision of law, nothing in this subtitle shall be
                    construed to permit or allow any department, bureau, or
                    other agency of the United States Government to utilize
                    any information, data base, or other records assembled
                    under this subtitle for any other purpose other than as
                    provided for under the Enhanced Verification System.
        ``(d) Compliance.--
                ``(1) Complaints and investigations.--The Secretary shall
            establish procedures--
                        ``(A) for a person to file a complaint regarding a
                    potential violation of paragraph (1)(A), (1)(B), or (2)
                    of subsection (a);
                        ``(B) for the investigation of any such complaint
                    that the Secretary determines is appropriate to
                    investigate; and
                        ``(C) for the investigation of such other violation
                    of paragraph (1)(A), (1)(B), or (2) of subsection (a)
                    that the Secretary determines is appropriate.
                ``(2) Authority in investigations.--
                        ``(A) In general.--In conducting investigations and
                    hearings under this subsection, officers and employees
                    of the Department of Homeland Security, if designated
                    by the Secretary, may compel by subpoena the attendance
                    of witnesses and the production of evidence at any
                    designated place in an investigation or case under this
                    subsection.
                        ``(B) Failure to cooperate.--In case of refusal to
                    obey a subpoena lawfully issued under subparagraph (A),
                    the Secretary may request that the Attorney General
                    apply in an appropriate district court of the United
                    States for an order requiring compliance with such
                    subpoena, and any failure to obey such order may be
                    punished by such court as contempt.
                        ``(C) Department of labor.--The Secretary of Labor
                    shall have the investigative authority provided under
                    section 11(a) of the Fair Labor Standards Act of 1938
                    (29 U.S.C. 211(a)) to ensure compliance with the
                    provisions of this section, or any regulation or order
                    issued under this section.
                        ``(D) Agency representation and coordination.--
                    United States Immigration and Customs Enforcement
                    officials may not misrepresent to employees or
                    employers that they are a member of any agency or
                    organization that provides domestic violence services,
                    enforces health and safety law or other labor laws,
                    provides health care services, or any other services
                    intended to protect life and safety.
                ``(3) Compliance procedures.--
                        ``(A) Prepenalty notice.--If the Secretary has
                    reasonable cause to believe that there has been a
                    violation of a requirement of this section and
                    determines that further proceedings related to such
                    violation are warranted, the Secretary shall issue to
                    the employer concerned a written notice of the
                    Secretary's intention to issue a claim for a fine or
                    other penalty. Such notice shall--
                                ``(i) describe the violation;
                                ``(ii) specify the laws and regulations
                            allegedly violated;
                                ``(iii) disclose the material facts which
                            establish the alleged violation; and
                                ``(iv) inform such employer that the
                            employer shall have a reasonable opportunity to
                            make representations as to why a claim for a
                            monetary or other penalty should not be
                            imposed.
                        ``(B) Remission or mitigation of penalties.--
                                ``(i) Petition by employer.--If an employer
                            receives written notice of a fine or other
                            penalty in accordance with subparagraph (A),
                            the employer may file within 45 days from
                            receipt of such notice, with the Secretary a
                            petition for the remission or mitigation of
                            such fine or penalty, or a petition for
                            termination of the proceedings. The petition
                            may include any relevant evidence or proffer of
                            evidence the employer wishes to present, and
                            shall be filed and considered in accordance
                            with procedures to be established by the
                            Secretary.
                                ``(ii) Review by secretary.--If the
                            Secretary finds that such fine or other penalty
                            was incurred erroneously, or finds the
                            existence of such mitigating circumstances as
                            to justify the remission or mitigation of such
                            fine or penalty, the Secretary may remit or
                            mitigate such fine or other penalty on the
                            terms and conditions as the Secretary
                            determines are reasonable and just, or order
                            termination of any proceedings related to the
                            notice. Such mitigating circumstances may
                            include good faith compliance and participation
                            in, or agreement to participate in, the System,
                            if not otherwise required.
                                ``(iii) Applicability.--This subparagraph
                            may not apply to an employer that has or is
                            engaged in a pattern or practice of violations
                            of paragraph (1)(A), (1)(B), or (2) of
                            subsection (a) or of any other requirements of
                            this section.
                        ``(C) Penalty claim.--After considering evidence
                    and representations offered by the employer pursuant to
                    subparagraph (B), the Secretary shall determine whether
                    there was a violation and promptly issue a written
                    final determination setting forth the findings of fact
                    and conclusions of law on which the determination is
                    based and the appropriate penalty.
                ``(4) Civil penalties.--
                        ``(A) Hiring or continuing to employ unauthorized
                    aliens.--Any employer that violates paragraph (1)(A) or
                    (2) of subsection (a) shall pay civil penalties as
                    follows:
                                ``(i) Pay a civil penalty of not less than
                            $500 and not more than $4,000 for each
                            unauthorized alien with respect to each such
                            violation.
                                ``(ii) If the employer has previously been
                            fined 1 time within the preceding 12 months
                            under this subparagraph, pay a civil penalty of
                            not less than $4,000 and not more than $10,000
                            for each unauthorized alien with respect to
                            each such violation.
                                ``(iii) If the employer has previously been
                            fined more than 1 time within the preceding 12
                            months under this subparagraph or has failed to
                            comply with a previously issued and final order
                            related to any such provision, pay a civil
                            penalty of not less than $6,000 and not more
                            than $20,000 for each unauthorized alien with
                            respect to each such violation.
                        ``(B) Recordkeeping or verification practices.--Any
                    employer that violates or fails to comply with
                    paragraph (1)(B) of subsection (a) shall pay a civil
                    penalty as follows:
                                ``(i) Pay a civil penalty of not less than
                            $200 and not more than $2,000 for each such
                            violation or failure.
                                ``(ii) If the employer has previously been
                            fined 1 time within the preceding 12 months
                            under this subparagraph, pay a civil penalty of
                            not less than $400 and not more than $4,000 for
                            each such violation of failure.
                                ``(iii) If the employer has previously been
                            fined more than 1 time within the preceding 12
                            months under this subparagraph or has failed to
                            comply with a previously issued and final order
                            related to such requirements, pay a civil
                            penalty of $6,000 for each such violation or
                            failure.
                                ``(iv) Special rule governing paperwork
                            violation.--In the case where an employer
                            commits a violation of this section that is
                            deemed to be purely a paperwork violation where
                            the Secretary fails to establish any intent to
                            hire an individual who is not unauthorized for
                            employment in the United States, the Secretary
                            shall permit the employer to correct such
                            paperwork error within 30 days of receiving
                            notice from the Secretary of such violation.
                        ``(C) Other penalties.--Notwithstanding
                    subparagraphs (A) and (B), the Secretary may impose
                    additional penalties for violations, including cease
                    and desist orders, specially designed compliance plans
                    to prevent further violations, suspended fines to take
                    effect in the event of a further violation, and in
                    appropriate cases, the civil penalty described in
                    subsection (e)(2).
                ``(5) Judicial review.--
                        ``(A) In general.--An employer adversely affected
                    by a final determination may, within 45 days after the
                    date the final determination is issued, obtain judicial
                    review of such determination.
                        ``(B) Report.--Not later than 180 days after the
                    date of enactment of the this Act, the Director of the
                    Federal Judicial Center shall submit to Congress a
                    report on judicial review of a final determination. The
                    report shall contain recommendations on jurisdiction
                    and procedures that shall be instituted to seek
                    adequate and timely review of such decision.
                ``(6) Enforcement of orders.--If an employer fails to
            comply with a final determination issued against that employer
            under this subsection, and the final determination is not
            subject to review as provided in paragraph (5), the Attorney
            General may file suit to enforce compliance with the final
            determination, not earlier than 46 days and not later than 90
            days, after the date the final determination is issued, in any
            appropriate district court of the United States. The burden
            shall remain on the employer to show that the final
            determination was not supported by a preponderance of the
            evidence.
                ``(7) Recovery of costs and attorneys' fees.--In any appeal
            brought under paragraph (5) or suit brought under paragraph
            (6), the employer shall be entitled to recover from the
            Secretary reasonable costs and attorneys' fees if such employer
            prevails on the merits of the case. The award of attorneys'
            fees shall not exceed $75,000. Such amount shall be subject to
            annual inflation adjustments per the United States Consumer
            Price Index - All Urban Consumers (CPI-U) compiled by the
            Bureau of Labor Statistics. Any costs and attorneys' fees
            assessed against the Secretary shall be charged against the
            operating expenses of the Department of Homeland Security for
            the fiscal year in which the assessment is made, and shall not
            be reimbursed from any other source.
                ``(8) Coordination.--An investigation under paragraph
            (1)(C) shall be coordinated with the appropriate regional
            office of the National Labor Relations Board, the Department of
            Labor, and all relevant State and local agencies that are
            charged with enforcing workplace standards. Evidence gathered
            from such agencies shall be considered in determining whether
            the entity under investigation has violated subsection (a).
        ``(e) Criminal Penalties and Injunctions for Pattern or Practice
    Violations.--
                ``(1) Criminal penalty.--An employer that engages in a
            pattern or practice of knowing violations of paragraph (1)(A)
            or (2) of subsection (a) shall be fined not more than $20,000
            for each unauthorized alien with respect to whom such a
            violation occurs, imprisoned for not more than 3 years for the
            entire pattern or practice, or both.
                ``(2) Enjoining of pattern or practice violations.--If the
            Secretary or the Attorney General has reasonable cause to
            believe that an employer is engaged in a pattern or practice of
            employment in violation of paragraph (1)(A) or (2) of
            subsection (a), the Attorney General may bring a civil action
            in the appropriate district court of the United States
            requesting such relief, including a permanent or temporary
            injunction, restraining order, or other order against the
            employer, as the Secretary deems necessary.
        ``(f) Adjustment for Inflation.--All penalties and limitations on
    the recovery of costs and attorney's fees in this section shall be
    increased every 4 years beginning January 2010 to reflect the
    percentage increase in the consumer price index for all urban consumers
    (all items; United States city average) for the 48 month period ending
    with September of the year preceding the year such adjustment is made.
    Any adjustment under this subparagraph shall be rounded to the nearest
    dollar.
        ``(g) Prohibition of Indemnity Bonds.--
                ``(1) Prohibition.--It is unlawful for an employer, in the
            hiring of an individual, to require the individual to post a
            bond or security, to pay or agree to pay an amount, or
            otherwise to provide a financial guaranty or indemnity, against
            any potential liability arising under this section relating to
            such hiring of the individual.
                ``(2) Civil penalty.--Any employer which is determined,
            after notice and opportunity for mitigation of the monetary
            penalty under subsection (d), to have violated paragraph (1)
            shall be subject to a civil penalty of $10,000 for each
            violation and to an administrative order requiring the return
            of any amounts received in violation of such paragraph to the
            individual.
        ``(h) Prohibition on Award of Government Contracts, Grants, and
    Agreements.--
                ``(1) Employers with no contracts, grants, or agreements.--
                        ``(A) In general.--If an employer who does not hold
                    a Federal contract, grant, or cooperative agreement is
                    determined by the Secretary to be a repeat violator of
                    this section the employer shall be debarred from the
                    receipt of a Federal contract, grant, or cooperative
                    agreement for a period of 5 years. The Secretary or the
                    Attorney General shall advise the Administrator of
                    General Services of such a debarment, and the
                    Administrator of General Services shall list the
                    employer on the List of Parties Excluded from Federal
                    Procurement and Nonprocurement Programs for a period of
                    5 years.
                        ``(B) Waiver.--The Administrator of General
                    Services, in consultation with the Secretary and the
                    Attorney General, may waive operation of this
                    subsection or may limit the duration or scope of the
                    debarment.
                ``(2) Employers with contracts, grants, or agreements.--
                        ``(A) In general.--An employer who holds a Federal
                    contract, grant, or cooperative agreement and is
                    determined by the Secretary to be a repeat violator of
                    this section or is convicted of a crime under this
                    section, shall be debarred from the receipt of new
                    Federal contracts, grants, or cooperative agreements
                    for a period of 5 years.
                        ``(B) Notice to agencies.--Prior to debarring the
                    employer under subparagraph (A), the Secretary, in
                    cooperation with the Administrator of General Services,
                    shall advise any agency or department holding a
                    contract, grant, or cooperative agreement with the
                    employer of the Government's intention to debar the
                    employer from the receipt of new Federal contracts,
                    grants, or cooperative agreements for a period of 5
                    years.
                        ``(C) Review.--The decision of whether to debar or
                    take alternate action under this paragraph shall be
                    reviewable pursuant to section 9, Federal Acquisition
                    Regulation.
                ``(3) Suspension.--Indictments for violations of this
            section or adequate evidence of actions that could form the
            basis for debarment under this subsection shall be considered a
            cause for suspension under the procedures and standards for
            suspension prescribed by the Federal Acquisition Regulation.
                ``(4) Repeat violator defined.--In this subsection, the
            term `repeat violator' means, with respect to an employer, that
            the employer has violated paragraph (1)(A), (1)(B), or (2) of
            subsection (a) more than 1 time and that such violations were
            discovered as a result of more than 1 separate investigation of
            the employer. A violation of such paragraph (1)(B) that is
            inadvertent and unrelated to a violation of subsection
            (a)(1)(A) and (a)(2) may not be considered to be a violation of
            such paragraph (1)(B) for the purposes of this paragraph.
        ``(i) Miscellaneous Provisions.--
                ``(1) Documentation.--In providing documentation or
            endorsement of authorization of aliens (other than aliens
            lawfully admitted for permanent residence) eligible to be
            employed in the United States, the Secretary shall provide that
            any limitations with respect to the period or type of
            employment or employer shall be conspicuously stated on the
            documentation or endorsement.
                ``(2) Preemption.--The provisions of this section preempt
            any State or local law, contract license, or other standard,
            requirement, action or instrument from--
                        ``(A) imposing sanctions or liabilities for
                    employing, or recruiting or referring for employment,
                    unauthorized aliens, or for working without employment
                    authorization;
                        ``(B) requiring those hiring, recruiting, or
                    referring individuals for employment to ascertain or
                    verify the individuals' employment authorization or to
                    participate in an employment authorization verification
                    system, or requiring individuals to demonstrate
                    employment authorization; and
                        ``(C) requiring, authorizing or permitting the use
                    of an employment verification system, unless otherwise
                    mandated by Federal law, for any other purpose
                    including, but without limitation, such purposes as
                    verifying the status of renters, determining
                    eligibility for receipt of benefits, enrollment in
                    school, obtaining or retaining a business license or
                    other license, or conducting a background check.
        ``(j) Backpay Remedies.--Neither backpay nor any other monetary
    remedy for unlawful employment practices, workplace injuries or other
    causes of action giving rise to liability shall be denied to a present
    or former employee on account of: the employer's or the employee's
    failure to comply with the requirements of this section in establishing
    or maintaining the employment relationship; the employee's violation of
    the provisions of federal law related to the employment verification
    system set forth in subsection (a); or the employee's continuing status
    as an unauthorized alien both during and after termination of
    employment.
        ``(k) Definitions.--In this section--
                ``(1) Employer.--The term `employer' means any person or
            entity, including any entity of the Government of the United
            States, hiring an individual for employment in the United
            States.
                ``(2) Secretary.--Except as otherwise provided, the term
            `Secretary' means the Secretary of Homeland Security.
                ``(3) Unauthorized alien.--The term `unauthorized alien'
            means, with respect to the employment of an alien at a
            particular time, that the alien is not at that time either--
                        ``(A) an alien lawfully admitted for permanent
                    residence; or
                        ``(B) authorized to be so employed by this Act or
                    by the Secretary.''.
        (b) Conforming Amendments.--
                (1) Amendments.--
                        (A) Repeal of e-verify.--Sections 401, 402, 403,
                    404, and 405 of the Illegal Immigration Reform and
                    Immigrant Responsibility Act of 1996 (division C of
                    Public Law 104-208; 8 U.S.C. 1324a note) are repealed.
                        (B) Repeal of reporting requirements.--
                                (i) Report on earnings of aliens not
                            authorized to work.--Subsection (c) of section
                            290 (8 U.S.C. 1360) is repealed.
                                (ii) Report on fraudulent use of social
                            security account numbers.--Subsection (b) of
                            section 414 of the Illegal Immigration Reform
                            and Immigrant Responsibility Act of 1996
                            (division C of Public Law 104-208; 8 U.S.C.
                            1360 note) is repealed.
                        (C) Repeal of definition.--Paragraph (1)(F) of
                    section 1961 of title 18, United States Code, is
                    repealed.
                (2) Construction.--Nothing in this subsection or in
            subsection (c) of section 274A, as amended by subsection (a),
            may be construed to limit the authority of the Secretary to
            allow or continue to allow the participation of employers who
            participated in the E-Verify program under such sections 401,
            402, 403, 404, and 405 of the Illegal Immigration Reform and
            Immigrant Responsibility Act of 1996 (division C of Public Law
            104-208; 8 U.S.C. 1324a note) in the Electronic Employment
            Verification System established pursuant to such subsection
            (d).
        (c) Technical Amendments.--
                (1) Definition of unauthorized alien.--Sections 218(i)(1)
            (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)),
            274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) (8
            U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' and
            inserting ``274A(h)''.
                (2) Document requirements.--Section 274B (8 U.S.C. 1324b)
            is amended--
                        (A) in subsections (a)(6) and (g)(2)(B), by
                    striking ``274A(b)'' and inserting ``274A(d)''; and
                        (B) in subsection (g)(2)(B)(ii), by striking
                    ``274A(b)(5)'' and inserting ``274A(d)(9)''.
        (d) Employment Verification Advisory Panel.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Secretary shall establish an
            Employment Verification Advisory Panel (hereinafter in the
            subsection referred to as the ``Advisory Panel'').
                (2) Membership.--The Advisory Panel should consist of
            members appointed by the Secretary, after consulting with the
            Commissioner of Social Security, the Director of National
            Institutes of Standards and Technology, and other appropriate
            Federal agencies. Such members should include representatives
            from appropriate Federal agencies and private sector
            representatives of affected industries and groups, including
            immigration policy, human resource, employer and employee
            organizations, experts in fields including database security,
            employment verification, biometrics, and privacy.
                (3) Functions.--
                        (A) Advice on implementation and deployment.--The
                    Advisory Panel shall advise the Secretary and the
                    Commissioner of Social Security on the implementation
                    and deployment of the verification systems established
                    under the amendments made by this section, including--
                                (i) the best means of promoting efficiency,
                            compliance responsiveness, accuracy, public
                            education, user support, interoperability, and
                            cost-effectiveness of the systems established
                            under this section;
                                (ii) the best practices and procedures in
                            order to protect the privacy and identities of
                            individuals enrolled in the systems established
                            under this section;
                                (iii) standards of database accuracy, error
                            rates, privacy, and measurable compliance with
                            system rules that must be met before
                            implementation begins and before each
                            additional phase of implementation; and
                                (iv) the best means by which data obtained
                            through such systems may be used to timely
                            improve the accuracy of databases maintained by
                            the Secretary and the Commissioner of Social
                            Security.
                (B) Study and report on identity fraud and alternatives for
            strengthening identity authentication.--
                        (i) Study.--The Advisory Panel shall evaluate the
                    vulnerability of the System to identity fraud and the
                    degree to which individuals not authorized for
                    employment in the United States are able to be
                    confirmed by the System.
                        (ii) Report.--Not later than 180 days after its
                    establishment, the Advisory Panel shall issue a report
                    to the Secretary on alternatives for strengthening
                    identity authentication and preventing fraudulent
                    confirmations by the System. The report shall--
                                (I) survey available technologies for
                            identity authentication, including but not
                            limited to biometric and biographical identity
                            assurance systems;
                                (II) analyze alternatives to identity
                            assurance technologies, including the enhanced
                            verification system described in subsection
                            (c)(25) of section 274A of the Immigration and
                            Nationality Act, as amended by this section;
                                (III) analyze the technical feasibility of
                            adding new identity authentication requirements
                            to the System described in subsection (c) of
                            such section, including by considering:
                                (IV) process burdens (at the point of
                            collection, information processing, etc.);
                                (V) performance burdens (anticipated system
                            throughputs, scalability, reconfigurability,
                            etc);
                                (VI) accuracy and realistic failure rates
                            and projected increases in erroneous
                            nonconfirmations of work authorized
                            individuals;
                                (VII) projected compliance and non-
                            compliance rates,
                                (VIII) data Security, data storage
                            requirements, and added risk to individuals'
                            privacy;
                                (IX) estimate the costs and benefits of
                            different strategies for strengthening identity
                            authentication and evaluate their overall
                            strengths and weaknesses, including but not
                            limited to requirements that employers collect
                            biometric, biographical, or other data from new
                            employees instead of or in addition to the data
                            identified in subsections (b) and (c) of such
                            section and requirements that individuals
                            participate in the enhanced verification system
                            described in subsection (c)(25) of such
                            section.
                (4) Termination.--The Advisory Panel shall terminate 5
            years after the date of the enactment of this Act.
        (e) Effective Date.--The amendments made by subsections (a), (b),
    and (c) shall take effect on the date that is 180 days after the date
    of the enactment of this Act.

    SEC. 202. PARITY WITH CIVIL RIGHTS ACT OF 1964.

         (a) Prohibition of Employment Discrimination.--Section 274B(a) (8
    U.S.C. 1324b(a)) is amended--
                (1) by amending paragraph (1) to read as follows:
                ``(1) In general.--It is an unfair immigration-related
            employment practice for a person or other entity to
            discriminate against any individual (other than an unauthorized
            alien defined in section 274A(h)(3)) with respect to--
                        ``(A) the hiring, or recruitment or referral for a
                    fee, of the individual for employment, the verification
                    of the individual's eligibility for employment, or the
                    discharging of the individual from employment--
                                ``(i) because of such individual's national
                            origin; or
                                ``(ii) because of such individual's
                            citizenship status;
                        ``(B) the compensation, terms, or conditions of the
                    employment of the individual.'';
                (2) by amending paragraph (2)(A) to read as follows:
                        ``(A) a person or other entity that employs three
                    or fewer employees, except for an `employment agency,'
                    meaning any person regularly undertaking with or
                    without compensation to procure employees for an
                    employer or to procure for employees opportunities to
                    work for an employer and includes an agent of such a
                    person.'';
                (3) by repealing section 274(a)(3) (8 U.S.C. 1324(a)(3));
                (4) in paragraph (6), by striking ``if made for the purpose
            or with the intent of discriminating against an individual in
            violation of paragraph (1)'' and inserting ``in violation of
            paragraph (1). Additional information and compliance assistance
            will be provided to employers to assist them in complying with
            the law'';
                (5) by inserting a new paragraph (7) as follows:
                ``(7) Antidiscrimination requirements of the electronic
            employment verification system.--It is an unfair immigration-
            related employment practice for a person or other entity, in
            the course of the Electronic Employment Verification System
            described in section 274A(c)--
                        ``(A) to terminate the employment of an individual
                    or take any adverse employment action due to a
                    tentative nonconfirmation issued by such System, with
                    respect to that individual;
                        ``(B) to use the System for screening of an
                    applicant for employment prior to making the individual
                    an offer of employment;
                        ``(C) to use the System for the reverification of
                    an employee after the employee has satisfied the
                    process described in (b)(1), unless otherwise required
                    by Federal law.
                        ``(D) to use the System selectively to exclude
                    certain individuals from consideration for employment
                    as a result of a perceived likelihood that additional
                    verification will be required, beyond what is required
                    for most job applicants; or
                        ``(E) to use the System to deny workers' employment
                    benefits or otherwise interfere with their labor
                    rights, or to engage in any other unlawful employment
                    practice.'';
                (6) by inserting a new paragraph (8) as follows:
                ``(8) Burden of proof in disparate impact cases.--
                        ``(A) An unlawful immigration-related employment
                    practice or unfair labor practice case based on
                    disparate impact is established under this general rule
                    only if--
                                ``(i) a complaining party demonstrates that
                            a respondent uses a particular employment
                            practice that causes a disparate impact on the
                            basis of national origin or citizenship status
                            and the respondent fails to demonstrate that
                            the challenged practice is job related for the
                            position in question and consistent with
                            business necessity; or
                                ``(ii) the complaining party makes the
                            demonstration with respect to an alternative
                            employment practice and the respondent refuses
                            to adopt such an alternative employment
                            practice. An alternative employment practice is
                            defined as a policy that would satisfy the
                            employer's legitimate interests without having
                            a disparate impact on a protected class.
                        ``(B) With respect to demonstrating that a
                    particular employment practice causes a disparate
                    impact as described in subparagraph (8)(A), the
                    complaining party shall demonstrate that each
                    particular challenged employment practice causes a
                    disparate impact, except that if the complaining party
                    can demonstrate to the court that the elements of a
                    respondent's decision-making process are not capable of
                    separation for analysis, the decisionmaking process may
                    be analyzed as one employment practice.
                        ``(C) If the respondent demonstrates that a
                    specific employment practice does not cause the
                    disparate impact, the respondent shall not be required
                    to demonstrate that such practice is required by
                    business necessity.
                        ``(D) A demonstration that an employment practice
                    is required by business necessity may not be used as a
                    defense against a claim of intentional discrimination
                    under this statute.''; and
                (7) by inserting a new paragraph (9) as follows:
                ``(9) Except as otherwise provided in this subchapter, an
            unlawful immigration-related unfair employment practice is
            established when the charging party demonstrates that
            citizenship status or national origin was a motivating factor
            for any employment practice, even though other factors also
            motivated the practice.''
        (b) Charges and Complaints.--Section 274B(d) (8 U.S.C. 1324b(d)) is
    amended--
                (1) in paragraph (1), by striking ``within 120 days of the
            date of the receipt of the charge'' and ``subject to paragraph
            (3)'';
                (2) by striking ``The Special Counsel's failure to file
            such a complaint within such 120-day period shall not affect
            the right of the Special Counsel to investigate the charge or
            to bring a complaint before an administrative law judge during
            such 90-day period.'' and inserting at the end of paragraph (2)
            ``Nothing contained in this Act shall relieve any Government
            agency or official of his or her responsibility for unlawful
            electronic employment verification practices.'';
                (3) by striking paragraph (3).
        (c) Increase in Civil Money Penalties.--Section 274B(g)(2)(B)(iv)
    (8 U.S.C. 1324b(g)(2)(B)(iv)) is amended--
                (1) in subclause (I), by striking ``$250 and not more than
            $1,000'' and inserting ``$2,000 and not more than $4,000'';
                (2) in subclause (II), by striking ``$2,000 and not more
            than $5,000'' and inserting ``$4,000 and not more than
            $10,000'';
                (3) in subclause (III), by striking ``$3,000 and not more
            than $10,000'' and inserting ``$6,000 and not more than
            $20,000'';
                (4) in subclause (IV), by striking ``$100 and not more than
            $1,000'' and inserting ``$500 and not more than $5,000.''
        (d) Orders Finding Violations.--Section 274B(g) (8 U.S.C. 1324b(g))
    is amended--
                (1) in paragraph (2)(B)(iii), by inserting ``, and to
            provide such other relief as the administrative law judge
            determines appropriate to make the individual whole'' before
            the semicolon at the end; and
                (2) by inserting the following at the end of paragraph
            (2)(B)(viii):
                                ``(ix)(I) No order of the court shall
                            require the admission or reinstatement of an
                            individual as a member of a union, or the
                            hiring, reinstatement, or promotion of an
                            individual as an employee, or the payment to
                            him of any back pay, if such individual was
                            refused admission, suspended, or expelled, or
                            was refused employment or advancement or was
                            suspended or discharged for any reason other
                            than discrimination on account of citizenship
                            status or national origin or in violation of
                            this section.
                                ``(II) On a claim in which an individual
                            proves a violation under subsection (a)(7) and
                            a respondent demonstrates that the respondent
                            would have taken the same action in the absence
                            of the impermissible motivating factor, the
                            court may grant declaratory relief, injunctive
                            relief (except as provided in clause (b)), and
                            attorney's fees and costs demonstrated to be
                            directly attributable only to the pursuit of a
                            claim under subsection (a)(7); and shall not
                            award damages or issue an order requiring any
                            admission, reinstatement, hiring, promotion, or
                            payment, described in subparagraph (I).'';
                (3) by inserting at the end of paragraph (2) a new
            subparagraph (E) as follows:
                        ``(E) Compensatory and punitive damages.--
                                ``(i) Determination of punitive damages.--A
                            complaining party may acquire punitive damages
                            against a respondent (other than the federal
                            government or a federal government agency) if
                            the complaining party demonstrates that the
                            respondent engaged in discriminatory practice
                            or practices with malice or reckless
                            indifference to the federally protected rights
                            of an aggrieved individual under subsection
                            (a)(1).
                                ``(ii) Compensatory damages awarded under
                            this section.--Compensatory damages awarded
                            under this section shall not include backpay,
                            interest on backpay, or any other type of
                            relief authorized under subparagraphs (B) and
                            (C) of subsection (g)(2).
                                ``(iii) Limitations.--The sum of
                            compensatory damages awarded under this section
                            for future pecuniary losses, emotional pain,
                            suffering, inconvenience, mental anguish, loss
                            of enjoyment of life, and other nonpecuniary
                            losses on account of national origin
                            discrimination shall not exceed $50,000 for
                            each complaining party. In the case of
                            citizenship status discrimination, the
                            limitations should be as follows:
                                        ``(I) In the case of a respondent
                                    who has more than 3 and fewer than 101
                                    employees in each of 20 or more
                                    calendar weeks in the current or
                                    preceding calendar year, $50,000.
                                        ``(II) In the case of a respondent
                                    who has more than 100 and fewer than
                                    201 employees in each of 20 or more
                                    calendar weeks in the current or
                                    preceding calendar year, $100,000.
                                        ``(III) In the case of a respondent
                                    who has more than 200 and fewer than
                                    501 employees in each of 20 or more
                                    calendar weeks in the current or
                                    preceding calendar year, $200,000.
                                        ``(IV) In the case of a respondent
                                    who has more than 500 employees in each
                                    of 20 or more calendar weeks in the
                                    current or preceding calendar year,
                                    $300,000.''.
        (e) Dissemination of Information.--Section 274B is amended--
                (1) in subparagraph (l)(3), by striking ``$10,000,000'' and
            inserting ``$50,000,000''.
                (2) by adding at the end the following:
        ``(m) Reports.--The Secretary of Homeland Security shall make
    transactional data and citizenship status data available upon request
    by the Special Counsel (appointed under subsection (c) of this
    section).''.
        (f) Effective Date.--The amendments made by this section shall take
    effect on the date of the enactment of this Act and shall apply to
    violations occurring on or after such date.

    SEC. 203. AMENDMENTS TO THE SOCIAL SECURITY ACT.

        (a) Social Security Act.--Section 205(c)(2) of the Social Security
    Act (42 U.S.C. 405(c)(2)) is amended by adding at the end the following
    new subparagraphs:
                        ``(I)(i) The Commissioner of Social Security shall,
                    subject to the provisions of title III of the this Act,
                    establish a reliable, secure method to provide through
                    the employment verfication systems established pursuant
                    to section 274A of the Immigration and Nationality Act
                    (referred to in this subparagraph as the `System'),
                    within the time periods required by such section--
                                ``(I) a determination of whether the name,
                            date of birth, employer identification number,
                            and social security account number of an
                            individual provided in an inquiry made to the
                            System by an employer is consistent with such
                            information maintained by the Commissioner in
                            order to confirm the validity of the
                            information provided;
                                ``(II) a determination of the citizenship
                            status associated with such name and social
                            security account number, according to the
                            records maintained by the Commissioner;
                                ``(III) a determination of whether the name
                            and number belongs to an individual who is
                            deceased, according to the records maintained
                            by the Commissioner;
                                ``(IV) a determination of whether the name
                            and number is blocked in accordance with clause
                            (ii); and
                                ``(V) a confirmation or a nonconfirmation
                            described in such subsection (c), in a manner
                            that ensures that other information maintained
                            by the Commissioner is not disclosed or
                            released to employers through the System.
                        ``(ii) The Commissioner of Social Security shall
                    prevent the fraudulent or other misuse of a social
                    security account number by establishing procedures
                    under which an individual who has been assigned a
                    social security account number may block the use of
                    such number under the System and remove such block.
                        ``(J) In assigning social security account numbers
                    to aliens who are authorized to work in the United
                    States under section 218A of the Immigration and
                    Nationality Act, the Commissioner of Social Security
                    shall, to the maximum extent practicable, assign such
                    numbers by employing the enumeration procedure
                    administered jointly by the Commissioner, the Secretary
                    of State, and the Secretary.''.
        (b) Authorization of Appropriations.--
                (1) In general.--There are authorized to be appropriated to
            the Secretary such sums as are necessary to carry out the
            amendments made by this section.
                (2) Limitation on verification responsibilities of
            commissioner of social security.--The Commissioner of Social
            Security is authorized to perform activities with respect to
            carrying out the Commissioner's responsibilities in this title
            or the amendments made by this title, but only to the extent
            the Secretary has provided, in advance, funds to cover the
            Commissioner's full costs in carrying out such
            responsibilities. In no case shall funds from the Federal Old-
            Age and Survivors Insurance Trust Fund or the Federal
            Disability Insurance Trust Fund be used to carry out such
            responsibilities.
        (c) Effective Date.--The amendments made by this section shall take
    effect on the date that is 180 days after the date of the enactment of
    this Act.

                            TITLE III--VISA REFORMS

    SEC. 301. ELIMINATION OF EXISTING BACKLOGS.

        (a) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c)
    of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to
    read as follows:
        ``(c) Worldwide Level of Family-Sponsored Immigrants.--
                ``(1) In general.--Subject to subparagraph (B), the
            worldwide level of family-sponsored immigrants under this
            subsection for a fiscal year is equal to the sum of--
                        ``(A) 480,000; and
                        ``(B) the sum of--
                                ``(i) the number computed under paragraph
                            (2); and
                                ``(ii) the number computed under paragraph
                            (3).
                ``(2) Unused visa numbers from previous fiscal year.--The
            number computed under this paragraph for a fiscal year is the
            difference, if any, between--
                        ``(A) the worldwide level of family-sponsored
                    immigrant visas established for the previous fiscal
                    year; and
                        ``(B) the number of visas issued under section
                    203(a), subject to this subsection, during the previous
                    fiscal year.
                ``(3) Unused visa numbers from fiscal years 1992 through
            2009.--The number computed under this paragraph is the
            difference, if any, between--
                        ``(A) the difference, if any, between--
                                ``(i) the sum of the worldwide levels of
                            family-sponsored immigrant visas established
                            for each of fiscal years 1992 through 2008; and
                                ``(ii) the number of visas issued under
                            section 203(a), subject to this subsection,
                            during such fiscal years; and
                        ``(B) the number of unused visas from fiscal years
                    1992 through 2008 that were issued after fiscal year
                    2007 under section 203(a), subject to this
                    subsection.''.
        (b) Worldwide Level of Employment-Based Immigrants.--Section 201(d)
    of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to
    read as follows:
        ``(d) Worldwide Level of Employment-Based Immigrants.--
                ``(1) In general.--The worldwide level of employment-based
            immigrants under this subsection for a fiscal year is equal to
            the sum of--
                        ``(A) 290,000;
                        ``(B) the number computed under paragraph (2); and
                        ``(C) the number computed under paragraph (3).
                ``(2) Unused visa numbers from previous fiscal year.--The
            number computed under this paragraph for a fiscal year is the
            difference, if any, between--
                        ``(A) the worldwide level established under
                    paragraph (1) for the previous fiscal year; and
                        ``(B) the number of visas actually issued under
                    section 203(b), subject to this subsection, during the
                    previous fiscal year.
                ``(3) Unused visa numbers from fiscal years 1992 through
            2009.--The number computed under this paragraph is the
            difference, if any, between--
                        ``(A) the difference, if any, between--
                                ``(i) the sum of the worldwide levels
                            established under paragraph (1) for fiscal
                            years 1992 through 2009; and
                                ``(ii) the number of visas actually issued
                            under section 203(b), subject to this
                            subsection, during such fiscal years; and
                        ``(B) the number of visas actually issued after
                    fiscal year 2009 pursuant to an immigrant visa number
                    issued under section 203(b), subject to this
                    subsection, during fiscal years 1992 through 2009.''.
        (c) Exception to Nondiscrimination.--Section 202(a)(1)(A) (8 U.S.C.
    1152(a)(1)(A)) is amended by striking ``201(b)(2)(A)(i)'' and inserting
    ``201(b)''.
        (d) Effective Date.--The amendments made by this section shall take
    effect on the date which is 60 days after the date of the enactment of
    this Act.

    SEC. 302. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LEGAL
                  PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.

        (a) In General.--Section 201(b)(2) of the Immigration and
    Nationality Act (8 U.S.C. 1151(b)(2)) is amended to read as follows:
                ``(2) Immediate relative.--
                        ``(A) In general.--
                                ``(i) Immediate relative defined.--In this
                            subparagraph, the term `immediate relative'
                            means a child, spouse, or parent of a citizen
                            of the United States or a child or spouse of a
                            lawful permanent resident (and for each family
                            member of a citizen or lawful permanent
                            resident under this subparagraph, such
                            individual's spouse or child who is
                            accompanying or following to join the
                            individual), except that, in the case of
                            parents, such citizens shall be at least 21
                            years of age.
                                ``(ii) Previously issued visa.--Aliens
                            admitted under section 211(a) on the basis of a
                            prior issuance of a visa under section 203(a)
                            to their accompanying parent who is an
                            immediate relative.
                                ``(iii) Parents and children.--An alien who
                            was the child or the parent of a citizen of the
                            United States or a child of a lawful permanent
                            resident at the time of the citizen's or
                            resident's death if the alien files a petition
                            under section 204(a)(1)(A)(ii) within 2 years
                            after such date or prior to reaching 21 years
                            of age.
                                ``(iv) Spouse.--In the case of an alien who
                            was the spouse of a citizen of the United
                            States or spouse of a lawful permanent resident
                            and was not legally separated from the citizen
                            or resident at the time of the citizen's or
                            resident's death, the alien (and each child of
                            the alien) shall be considered for purposes of
                            this subsection, to remain an immediate
                            relative after the date of the citizen's or
                            resident's death if the spouse files a petition
                            under section 204(a)(1)(A)(ii) before the
                            earlier of--
                                        ``(I) 2 years after such date; or
                                        ``(II) the date on which the spouse
                                    remarries.
                                ``(v) Special rule.--For purposes of this
                            subparagraph, an alien who has filed a petition
                            under clause (iii) or (iv) of section
                            204(a)(1)(A) remains an immediate relative if
                            the United States citizen or lawful permanent
                            resident spouse or parent loses United States
                            citizenship or residence on account of the
                            abuse.
                        ``(B) Birth during temporary visit abroad.--Aliens
                    born to an alien lawfully admitted for permanent
                    residence during a temporary visit abroad.''.
        (b) Allocation of Immigrant Visas.--Section 203(a) of the
    Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended--
                (1) in paragraph (1), by striking ``23,400'' and inserting
            ``38,000'';
                (2) by striking paragraph (2) and inserting the following:
                ``(2) Unmarried sons and unmarried daughters of permanent
            resident aliens.--Qualified immigrants who are the unmarried
            sons or unmarried daughters (but are not the children) of an
            alien lawfully admitted for permanent residence shall be
            allocated visas in a number not to exceed 60,000, plus any
            visas not required for the class specified in paragraph (1).'';
                (3) in paragraph (3), by striking ``23,400'' and inserting
            ``38,000''; and
                (4) in paragraph (4), by striking ``65,000'' and inserting
            ``90,000''.
        (c) Technical and Conforming Amendments.--
                (1) Rules for determining whether certain aliens are
            immediate relatives.--Section 201(f) of the Immigration and
            Nationality Act (8 U.S.C. 1151(f)) is amended--
                        (A) in paragraph (1), by striking ``paragraphs (2)
                    and (3),'' and inserting ``paragraph (2),'';
                        (B) by striking paragraph (2);
                        (C) by redesignating paragraphs (3) and (4) as
                    paragraphs (2) and (3), respectively; and
                        (D) in paragraph (3), as redesignated by
                    subparagraph (C), by striking ``through (3)'' and
                    inserting ``and (2)''.
                (2) Numerical limitation to any single foreign state.--
            Section 202 of the Immigration and Nationality Act (8 U.S.C.
            1152) is amended--
                        (A) in subsection (a)(4)--
                                (i) by striking subparagraphs (A) and (B);
                                (ii) by redesignating subparagraphs (C) and
                            (D) as subparagraphs (A) and (B), respectively;
                            and
                                (iii) in subparagraph (A), as redesignated
                            by clause (ii) of this paragraph, by striking
                            ``section 203(a)(2)(B)'' and inserting
                            ``section 203(a)(2)''; and
                        (B) in subsection (e), in the flush matter
                    following paragraph (3), by striking ``, or as limiting
                    the number of visas that may be issued under section
                    203(a)(2)(A) pursuant to subsection (a)(4)(A)''.
                (3) Allocation of immigration visas.--Section 203(h) of the
            Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--
                        (A) in paragraph (1)--
                                (i) in the matter preceding subparagraph
                            (A), by striking ``subsections (a)(2)(A) and
                            (d)'' and inserting ``subsection (d)'';
                                (ii) in subparagraph (A), by striking
                            ``becomes available for such alien (or, in the
                            case of subsection (d), the date on which an
                            immigrant visa number became available for the
                            alien's parent),'' and inserting ``became
                            available for the alien's parent,''; and
                                (iii) in subparagraph (B), by striking
                            ``applicable'';
                        (B) by amending paragraph (2) to read as follows:
                ``(2) Petitions described.--The petition described in this
            paragraph is a petition filed under section 204 for
            classification of the alien's parent under subsection (a), (b),
            or (c) of this section.''; and
                        (C) in paragraph (3), by striking ``subsections
                    (a)(2)(A) and (d)'' and inserting ``subsection (d)''.
                (4) Procedure for granting immigrant status.--Section 204
            of the Immigration and Nationality Act (8 U.S.C. 1154) is
            amended--
                        (A) in subsection (a)(1)--
                                (i) in subparagraph (A)--
                                        (I) in clause (i), by inserting
                                    ``or lawful permanent resident'' after
                                    ``citizen'';
                                        (II) in clause (ii), by striking
                                    ``described in the second sentence of
                                    section 201(b)(2)(A)(i) also'' and
                                    inserting ``, alien child, or alien
                                    parent described in section
                                    201(b)(2)(A)'';
                                        (III) in clause (iii)--
                                                (aa) in subclause (I)(aa),
                                            by inserting ``or legal
                                            permanent resident'' after
                                            ``citizen''; and
                                                (bb) in subclause
                                            (II)(aa)--

                                                        (AA) in subitems
                                                    (AA) and (BB), by
                                                    inserting ``or legal
                                                    permanent resident;''
                                                    after ``citizen'' each
                                                    place that term
                                                    appears;

                                                        (BB) in subitem
                                                    (CC), by inserting ``or
                                                    legal permanent
                                                    resident'' after
                                                    ``citizen'' each place
                                                    that term appears; and

                                                        (CC) in subitem
                                                    (CC)(bbb), by inserting
                                                    ``or legal permanent
                                                    resident'' after
                                                    ``citizenship'';

                                        (IV) in clause (iv), by inserting
                                    ``or legal permanent resident'' after
                                    ``citizen'' each place that term
                                    appears;
                                        (V) in clause (v)(I), by inserting
                                    ``or legal permanent resident'' after
                                    ``citizen''; and
                                        (VI) in clause (vi)--
                                                (aa) by inserting ``or
                                            legal permanent resident
                                            status'' after ``renunciation
                                            of citizenship''; and
                                                (bb) by inserting ``or
                                            legal permanent resident''
                                            after ``abuser's citizenship'';
                                (ii) by striking subparagraph (B);
                                (iii) in subparagraph (C), by striking
                            ``subparagraph (A)(iii), (A)(iv), (B)(ii), or
                            (B)(iii)'' and inserting ``clause (iii) or (iv)
                            of subparagraph (A)''; and
                                (iv) in subparagraph (J), by striking ``or
                            clause (ii) or (iii) of subparagraph (B)'';
                        (B) in subsection (a), by striking paragraph (2);
                        (C) in subsection (c)(1), by striking ``or
                    preference status''; and
                        (D) in subsection (h), by striking ``or a petition
                    filed under subsection (a)(1)(B)(ii)''.

    SEC. 303. COUNTRY LIMITS.

        Section 202(a) of the Immigration and Nationality Act (8 U.S.C.
    1152(a)) is amended--
                (1) in paragraph (2)--
                        (A) by striking ``, (4), and (5)'' and inserting
                    ``and (4)'';
                        (B) by striking ``subsections (a) and (b) of
                    section 203'' and inserting ``section 203(a)'';
                        (C) by striking ``7 percent (in the case of a
                    single foreign state) or 2 percent'' and inserting ``10
                    percent (in the case of a single foreign state) or 5
                    percent''; and
                        (D) by striking ``such subsections'' and inserting
                    ``such section''; and
                (2) by striking paragraph (5).

    SEC. 304. PROMOTING FAMILY UNITY.

        (a) Waivers of Inadmissibility.--Section 212(a)(9) of the
    Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) is amended--
                (1) in subparagraph (B)--
                        (A) in clause (iii)--
                                (i) in subclause (I), by striking ``18
                            years of age'' and inserting ``21 years of
                            age'';
                                (ii) by moving subclause (V) 4 ems to the
                            right; and
                                (iii) by adding at the end the following:
                                        ``(VI) Clause (i) shall not apply
                                    to an alien for whom an immigrant visa
                                    is available or was available on or
                                    before the date of the enactment of the
                                    CIR ASAP Act of 2009, and is otherwise
                                    admissible to the United States for
                                    permanent residence; and'';
                        (B) in clause (v)--
                                (i) by striking ``spouse or son or
                            daughter'' and inserting ``spouse, son,
                            daughter, or parent'';
                                (ii) by striking ``extreme'';
                                (iii) by inserting ``, son, daughter,''
                            after ``lawfully resident spouse''; and
                                (iv) by striking ``alien.'' and inserting
                            ``alien or, if the Attorney General determines
                            that a waiver is necessary for humanitarian
                            purposes, to ensure family unity or is
                            otherwise in the public interest.''; and
                (2) in subparagraph (C), by amending clause (ii) to read as
            follows:
                                ``(ii) Exceptions.--Clause (i) shall not
                            apply to an alien--
                                        ``(I) seeking admission more than
                                    10 years after the date of the alien's
                                    last departure from the United States
                                    if, prior to the alien's reembarkation
                                    at a place outside the United States or
                                    attempt to be readmitted from a foreign
                                    contiguous territory, the Secretary of
                                    Homeland Security has consented to the
                                    alien's reapplication for admission; or
                                        ``(II) for whom an immigrant visa
                                    is available or was available on or
                                    before the date of the enactment of
                                    this Act, and is otherwise admissible
                                    to the United States for permanent
                                    residence.''.
        (b) False Claims and Misrepresentations.--The Immigration and
    Nationality Act (8 U.S.C. 1101, et seq.) is amended--
                (1) in section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)), by
            inserting ``and willfully'' after ``falsely'' each place such
            term appears;
                (2) in section 212(a)(6)(C)(ii) (8 U.S.C.
            1182(a)(6)(C)(ii)), by inserting ``and willfully'' after
            ``falsely'' each place such term appears;
                (3) in section 212(a)(6)(C)(iii) (8 U.S.C.
            1182(a)(6)(C)(iii)), by striking ``of clause (i)''; and
                (4) by amending section 212(i)(1) (8 U.S.C. 1182(i)(1)) to
            read as follows:
                ``(1) The Attorney General or the Secretary of Homeland
            Security may, in the discretion of the Attorney General or the
            Secretary, waive the application of subsection (a)(6)(C) in the
            case of an immigrant who is the parent, spouse, son, or
            daughter of a United States citizen or of an alien lawfully
            admitted for permanent residence, or an alien granted
            classification under clause (iii) or (iv) of section
            204(a)(1)(A), if it is established to the satisfaction of the
            Attorney General or the Secretary that the admission to the
            United States of such alien would not be contrary to the
            national welfare, safety, or security of the United States.''.

    SEC. 305. SURVIVING RELATIVES.

        (a) Continued Waiver Eligibility for Widows, Widowers and
    Orphans.--Section 212(a)(2)(F) is amended to read as follows:
                        ``(F) Continued waiver eligibility for widows,
                    widowers and orphans.--In the case of an alien who
                    would have been statutorily eligible for a waiver of
                    inadmissibility under the Immigration and Nationality
                    Act but for the death of the qualifying relative, the
                    alien may be considered for any waiver under the
                    Immigration and Nationality Act notwithstanding the
                    death of the qualifying relative upon a showing of
                    hardship to the alien or a family member, or that the
                    granting of the waiver is in the public interest.''.
        (b) Naturalization of Surviving Relatives.--Section 319(a) of the
    Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended by
    inserting ``(or, if the spouse is deceased, the spouse was a citizen of
    the United States)'' after ``citizen of the United States''.
        (c) Protection for the Surviving Relatives of Refugees and
    Asylees.--An alien described in section 204(l)(2)(D) of the Immigration
    and Nationality Act may have such petition described in paragraph (2)
    of section 204(l) or an application for adjustment of status to that of
    a person admitted for lawful permanent residence based upon the family
    relationship described in such paragraph, and any related applications,
    adjudicated notwithstanding the death of the qualifying relative,
    regardless of whether the alien is present inside or outside the United
    States at the time of the qualifying relative's death or after the
    qualifying relative's death.

    SEC. 306. EXTENSION OF WAIVER AUTHORITY.

        Section 217(c)(8)(A)(iii) of the Immigration and Nationality Act (8
    U.S.C. 1187(c)(8)(A)(iii)) is amended--
                (1) by striking ``June 30, 2009'' and inserting ``June 30,
            2011''; and
                (2) by striking ``July 1, 2009'' and inserting ``July 1,
            2011''.

    SEC. 307. DISCRETIONARY WAIVER FOR LONG-TERM LAWFUL PERMANENT
                  RESIDENTS.

        Section 240A(a) is amended by inserting after paragraph (3) the
    following:
    ``The Attorney General may waive the application of subparagraph (C) to
    an individual only if the individual's conviction resulted in a
    sentence served of two years or less and the Attorney General
    determines in his or her sole discretion that the individual does not
    pose a danger to the community or a national security threat and that
    subparagraph (C) should be waived for compelling reasons such as to
    preserve family unity or because removal is otherwise not in the public
    interest.''.

    SEC. 308. CONTINUOUS PRESENCE.

        Section 240A(d) of the Immigration and Nationality Act (8 U.S.C.
    1229b(d)) is amended by striking paragraph (1).

    SEC. 309. BAR ON THE REMOVAL OF CERTAIN REFUGEES, PAROLEES OR ASYLEES.

        (a) In General.--Chapter 4 of title II of the Immigration and
    Nationality Act is amended by inserting after section 237 the following
    new section:

    ``SEC. 237A. BAR ON REMOVAL OF CERTAIN REFUGEES, PAROLEES OR ASYLEES.

        ```No individual who fled their homeland for fear of persecution
    while under the age of 12 years and was later admitted to the United
    States as a refugee or parolee or was granted asylum in the United
    States shall be removed from the United States.'''.
        (b) Technical and Conforming Amendment.--The table of sections for
    the Immigration and Nationality Act is amended by inserting after the
    item relating to section 237 the following new item:

    ``Sec. 237A. Bar on removal of certain refugees, parolees or
                                asylees.''.

    SEC. 310. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS WHO
                  ARE NATIVES OF PHILIPPINES.

        Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
    1151(b)(1)) is amended by adding at the end the following:
                        ``(F) Aliens who are eligible for an immigrant visa
                    under paragraph (1) or (3) of section 203(a) and who
                    have a parent who was naturalized pursuant to section
                    405 of the Immigration Act of 1990 (8 U.S.C. 1440
                    note).''.

    SEC. 311. FIANCEE OR FIANCE CHILD STATUS PROTECTION.

        (a) Definition.--Section 101(a)(15)(K)(iii) of the Immigration and
    Nationality Act (8 U.S.C. 1101(a)(15)(K)(iii)) is amended by inserting
    before the semicolon at the end the following: ``if a determination of
    the age of such minor child is made using the age of the alien on the
    date on which the petition is filed with the Secretary of Homeland
    Security to classify the alien's parent as the fiancee or fiance of a
    United States citizen (in the case of an alien parent described in
    clause (i)) or as the spouse of a United States citizen under section
    201(b)(2)(A)(i) (in the case of an alien parent described in clause
    (ii))''.
        (b) Adjustment of Status Authorized.--Section 214(d) of the
    Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended--
                (1) by redesignating paragraphs (2) and (3) as paragraphs
            (3) and (4), respectively;
                (2) in paragraph (1), by striking the last sentence; and
                (3) by inserting after paragraph (1) the following:
                ``(2)(A) If an alien does not marry the petitioner under
            paragraph (1) within 3 months after the alien and the alien's
            minor children are admitted into the United States, such alien
            and children shall be required to depart from the United
            States. If such aliens fail to depart from the United States,
            they shall be removed in accordance with sections 240 and 241.
                ``(B) Subject to subparagraphs (C) and (D), if an alien
            marries the petitioner described in section 101(a)(15)(K)(i)
            within 3 months after the alien is admitted into the United
            States, the Secretary of Homeland Security or the Attorney
            General, subject to the provisions of section 245(d), may
            adjust the status of the alien, and any minor children
            accompanying or following to join the alien, to that of an
            alien lawfully admitted for permanent residence on a
            conditional basis under section 216 if the alien and any such
            minor children apply for such adjustment and are not determined
            to be inadmissible to the United States.
                ``(C) Paragraphs (5) and (7)(A) of section 212(a) shall not
            apply to an alien who is eligible to apply for adjustment of
            his or her status to an alien lawfully admitted for permanent
            residence under this section.
                ``(D) An alien eligible for a waiver of inadmissibility as
            otherwise authorized under this Act shall be permitted to apply
            for adjustment of his or her status to that of an alien
            lawfully admitted for permanent residence under this
            section.''.
        (c) Age Determination.--Section 245(d) of the Immigration and
    Nationality Act (8 U.S.C. 1155(d)) is amended--
                (1) by striking ``(d) The Attorney General'' inserting the
            following:
        ``(d)(1) The Attorney General''; and
                (2) by adding at the end the following:
                ``(2) A determination of the age of an alien admitted to
            the United States under section 101(a)(15)(K)(iii) shall be
            made, for purposes of adjustment to the status of an alien
            lawfully admitted for permanent residence on a conditional
            basis under section 216, using the age of the alien on the date
            on which the petition is filed with the Secretary of Homeland
            Security to classify the alien's parent as the fiancee or
            fiance of a United States citizen (in the case of an alien
            parent admitted to the United States under section
            101(a)(15)(K)(i)) or as the spouse of a United States citizen
            under section 201(b)(2)(A)(i) (in the case of an alien parent
            admitted to the United States under section
            101(a)(15)(K)(ii)).''.
        (d) Effective Date.--
                (1) In general.--The amendments made by this section shall
            be effective as if included in the Immigration Marriage Fraud
            Amendments of 1986 (Public Law 99-639).
                (2) Applicability.--The amendments made by this section
            shall apply to all petitions or applications described in such
            amendments that--
                        (A) are pending as of the date of the enactment of
                    this Act; or
                        (B) have been denied, but would have been approved
                    if such amendments had been in effect at the time of
                    adjudication of the petition or application.
                (3) Motion to reopen or reconsider.--A motion to reopen or
            reconsider a petition or application described in paragraph
            (2)(B) shall be granted if such motion is filed with the
            Secretary of Homeland Security or the Attorney General not
            later than 2 years after the date of the enactment of this Act
            and the Secretary shall use parole authority to permit an alien
            outside the United States to pursue a petition or application
            that has been reopened.

    SEC. 312. EQUAL TREATMENT FOR ALL STEPCHILDREN.

        Section 101(b)(1)(B) of the Immigration and Nationality Act (8
    U.S.C. 1101(b)(1)(B)) is amended by striking ``, provided the child had
    not reached the age of eighteen years at the time the marriage creating
    the status of stepchild occurred''.

    SEC. 313. SONS AND DAUGHTERS OF FILIPINO WORLD WAR II VETERANS.

        Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 310
    of this Act, is further amended by adding at the end the following:
                        ``(G) Aliens who are eligible for a visa under
                    paragraph (1) or (3) of section 203(a) and are the son
                    or daughter of a citizen of the United States who was
                    naturalized pursuant to section 405 of the Immigration
                    Act of 1990 (8 U.S.C. 1440 note).''.

    SEC. 314. DETERMINATIONS UNDER THE HAITIAN REFUGEE IMMIGRATION FAIRNESS
                  ACT OF 1998.

        (a) In General.--Section 902(d) of the Haitian Refugee Immigration
    Fairness Act of 1998 (8 U.S.C. 1255 note) is amended by adding at the
    end the following:
                ``(3) Determinations with respect to children.--
                        ``(A) Use of application filing date.--
                    Determinations made under this subsection as to whether
                    an individual is a child of a parent shall be made
                    using the age and status of the individual on October
                    21, 1998.
                        ``(B) Application submission by parent.--
                    Notwithstanding paragraph (1)(C), an application under
                    this subsection filed based on status as a child may be
                    filed for the benefit of such child by a parent or
                    guardian of the child, if the child is physically
                    present in the United States on such filing date.''.
        (b) New Applications and Motions To Reopen.--
                (1) New applications.--Notwithstanding section 902(a)(1)(A)
            of the Haitian Refugee Immigration Fairness Act of 1998, an
            alien who is eligible for adjustment of status under such Act
            may submit an application for adjustment of status under such
            Act not later than the later of--
                        (A) 2 years after the date of the enactment of this
                    Act; or
                        (B) 1 year after the date on which final
                    regulations are promulgated to implement this section
                    and the amendment made by subsection (a).
                (2) Motions to reopen.--The Secretary shall establish
            procedures for the reopening and reconsideration of
            applications for adjustment of status under the Haitian Refugee
            Immigration Fairness Act of 1998 that are affected by the
            amendment made by subsection (a).
                (3) Relationship of application to certain orders.--Section
            902(a)(3) of the Haitian Refugee Immigration Fairness Act of
            1998 shall apply to an alien present in the United States who
            has been ordered excluded, deported, removed, or ordered to
            depart voluntarily, and who files an application under
            paragraph (1) or a motion under paragraph (2), in the same
            manner as such section 902(a)(3) applied to aliens filing
            applications for adjustment of status under such Act prior to
            April 1, 2000.
        (c) Inadmissibility Determination.--Section 902 of the Haitian
    Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is
    amended--
                (1) in subsection (a)(1)(B), by inserting ``(6)(C)(i),''
            after ``(6)(A),''; and
                (2) in subsection (d)(1)(D), by inserting ``(6)(C)(i),''
            after ``(6)(A),''.

    SEC. 315. DISCRETIONARY AUTHORITY.

        Section 240(c)(4) of the Immigration and Nationality Act (8 U.S.C.
    1229a(c)(4)) is amended by adding at the end the following:
                        ``(D) Discretion of judge in case of citizen
                    child.--In the case of an alien subject to removal,
                    deportation, or exclusion who is the parent of a child
                    who is a citizen of the United States, the immigration
                    judge may exercise discretion to decline to order the
                    alien removed, deported, or excluded from the United
                    States if the judge determines that such removal,
                    deportation, or exclusion is clearly against the best
                    interests of the child, except that this subparagraph
                    shall not apply to any alien who the judge determines--
                                ``(i) is described in section 212(a)(3) or
                            237(a)(4); or
                                ``(ii) has engaged in conduct described in
                            paragraph (8) or (9) of section 103 of the
                            Trafficking Victims Protection Act of 2000 (22
                            U.S.C. 7102).''.

    SEC. 316. AFFIDAVIT OF SUPPORT.

        Section 213A of the Immigration and Nationality Act (8 U.S.C.
    1183a) is amended--
                (1) in subsection (a)(1)(A) by striking ``125'' and
            inserting ``100'';
                (2) in subsection (f)(1)(E), by striking ``125'' and
            inserting ``100'';
                (3) in subsection (f)(4)(B)(i), by striking ``125'' and
            inserting ``100''; and
                (4) in subsection (f)(5)(A), by striking ``125'' and
            inserting ``100''.

    SEC. 317. VISA TO PREVENT UNAUTHORIZED MIGRATION.

         (a) Worldwide Level of Transitional Visas.--Section 201 of the
    Immigration and Nationality Act (8 U.S.C. 1152) is amended by adding at
    the end the following:
        ``(g) Worldwide Level of Pum Immigrants.--The worldwide level of
    PUM immigrants is equal to 100,000 for each fiscal year the PUM visa is
    authorized.''.
        (b) Transition to Safe and Legal Immigration.--Section 203 of the
    Immigration and Nationality Act is amended by adding at the end the
    following:
        ``(i) Prevent Unauthorized Migration (PUM) Transitional Visa.--
                ``(1) In general.--Except as provided in paragraph (2),
            aliens subject to the worldwide level specified in section
            201(g) for PUM immigrants shall be allotted visas during the
            first three fiscal years following 6 months after enactment of
            the CIR ASAP Act of 2009 as follows:
                        ``(A) Determination of admission states.--The
                    Secretary shall determine for the most recent previous
                    5-fiscal year period for which data are available--
                                ``(i) each country (in this paragraph
                            referred to as a `transitional visa admission
                            state') whose nationals represented not less
                            than 5 percent of the total number of
                            unauthorized immigrants to the United States
                            during the 5-fiscal year period; and
                                ``(ii) the percentage of unauthorized
                            immigrants that nationals of each transitional
                            visa admission state represented of the total
                            number of unauthorized immigrants to all
                            transitional visa admission states during the
                            5-year period.
                        ``(B) Distribution of visas.--
                                ``(i) For a transitional visa admission
                            state.--Subject to clause (ii), the percentage
                            of immigrant visas made available under this
                            paragraph to nationals of any single
                            transitional visa admission state shall not
                            exceed the percentage determined for that
                            transitional visa admission state in
                            subparagraph (A)(ii).
                                ``(ii) Redistribution of unused visa
                            numbers.--If the Secretary of State estimates
                            that the number of immigrant visas to be issued
                            to nationals in any state for a fiscal year
                            under this paragraph is less than the number of
                            immigrant visas made available to such
                            nationals under this paragraph for the fiscal
                            year, the excess visa numbers shall be made
                            available to nationals of the other states in
                            proportion to the percentages otherwise
                            specified in subparagraph (A)(ii).
                ``(2) Eligibility.--An alien is not eligible for a visa
            under this subsection unless the alien--
                        ``(A) at the time of application for such a visa,
                    is not present in the United States and is not entitled
                    to an immigrant status under any other provision of the
                    Immigration and Nationality Act;
                        ``(B) has no other employment-based or family-based
                    visa application pending;
                        ``(C) submits to a security and law enforcement
                    background check, according to procedures established
                    by the Secretary; and
                        ``(D) with regard to education, has completed less
                    than a 4-year college degree program.
                ``(3) Requirement with regard to participation in data
            collection and study.--Transitional visa holders shall be
            required to participate in data collection and study as
            described in section 501(b)(1)(G) of this Act that the Labor
            Commission deems necessary or helpful to fulfill its purpose
            and mission.
                ``(4) Maintenance of information.--The Secretary of State
            shall maintain information on the age, occupation, education
            level, and other relevant characteristics of immigrants issued
            visas under this subsection and share such information to the
            Labor Commission in Title V of this Act as needed.
                ``(5) Order of consideration.--Immigrant visas made
            available each fiscal year under this subsection shall be
            issued to eligible qualified immigrants in a random order
            established by the Secretary of State.''.

    SEC. 318. ADJUSTMENT OF STATUS.

        (a) Conditional Permanent Resident Status.--
                (1) In general.--
                        (A) Conditional basis for status.--Notwithstanding
                    any other provision of law, an alien whose status has
                    been adjusted under subsection (b) to that of an alien
                    lawfully admitted for permanent residence shall be
                    considered to have obtained such status on a
                    conditional basis subject to the provisions of this
                    paragraph. Such conditional permanent resident status
                    shall be valid for a period of 3 years, subject to
                    termination under paragraph (2).
                        (B) Notice of requirements.--At the time an alien
                    obtains permanent resident status on a conditional
                    basis under subsection (b), the Secretary of Homeland
                    Security shall provide notice to the alien regarding
                    the provisions of this section and the requirements of
                    paragraph (3) to have the conditional basis of such
                    status removed.
                (2) Termination of status.--
                        (A) In general.--The Secretary shall terminate the
                    conditional permanent resident status of any alien who
                    obtained such status under this Act, if the Secretary
                    determines that the alien ceases to meet the
                    requirements of subsection (b)(1).
                        (B) Return to country of origin.--Any alien whose
                    conditional permanent resident status is terminated
                    under subparagraph (A) shall be required to return to
                    their country of origin.
                (3) Requirements of timely petition for removal of
            condition.--
                        (A) In general.--In order for the conditional basis
                    of the permanent resident status obtained by an alien
                    under subsection (b) to be removed, the alien must file
                    with the Secretary of Homeland Security, in accordance
                    with paragraph (4), a petition which requests the
                    removal of such conditional basis and which provides,
                    under penalty of perjury, the facts and information so
                    that the Secretary may make the determination described
                    in subparagraph (B)(i).
                        (B) Adjudication of petition to remove condition.--
                                (i) In general.--If a petition is filed in
                            accordance with clause (A) for an alien, the
                            Secretary shall make a determination as to
                            whether the alien meets the requirements set
                            out in subparagraphs (A) and (B) of paragraph
                            (4).
                                (ii) Removal of conditional basis if
                            favorable determination.--If the Secretary
                            determines that the alien meets such
                            requirements, the Secretary shall notify the
                            alien of such determination and immediately
                            remove the conditional basis of the status of
                            the alien.
                                (iii) Termination of conditional status if
                            unfavorable determination.--If the Secretary
                            determines that the alien does not meet such
                            requirements, the Secretary shall notify the
                            alien of such determination and terminate
                            conditional permanent resident status of the
                            alien as of the date of the determination.
                        (C) Time to file petition.--An alien may petition
                    to remove the conditional basis of lawful resident
                    status during the period beginning 90 days before and
                    ending 180 days after either the date that is 3 years
                    after the date of granting conditional permanent
                    resident status or any other expiration date of the
                    conditional permanent resident status provided by the
                    Secretary in accordance with this Act. The alien shall
                    be deemed in conditional permanent resident status in
                    the United States during the period in which the
                    petition is pending.
                (4) Details of petition.--
                        (A) Contents of petition.--Each petition for an
                    alien under paragraph (3)(A) shall contain information
                    to permit the Secretary to determine whether each of
                    the following requirements is met:
                                (i) The alien has demonstrated good moral
                            character during the entire period the alien
                            has been a conditional permanent resident.
                                (ii) The alien is in compliance with
                            subsection (b)(1).
                                (iii) The alien has not abandoned the
                            alien's residence in the United States. The
                            Secretary shall presume that the alien has
                            abandoned such residence if the alien is absent
                            from the United States for more than 365 days,
                            in the aggregate, during the period of
                            conditional residence, unless the alien
                            demonstrates that the alien has not abandoned
                            the alien's residence. An alien who is absent
                            from the United States due to active service in
                            the uniformed services has not abandoned the
                            alien's residence in the United States during
                            the period of such service.
                                (iv) The alien has satisfied all Federal
                            income tax liabilities and is in good standing
                            with the Internal Revenue Service as described
                            in (B) of this paragraph.
                                (v) where applicable, can establish proof
                            of registration under the Military Selective
                            Service Act (50 U.S.C. App. 451 et seq.).
                        (B) Payment of income taxes.--
                                (i) In general.--Not later than the date on
                            which status is adjusted under this section, a
                            conditional nonimmigrant or conditional
                            nonimmigrant dependent shall satisfy any
                            applicable Federal tax liability by
                            establishing that--
                                        (I) no such tax liability exists;
                                        (II) all outstanding liabilities
                                    have been paid; or
                                        (III) the conditional nonimmigrant
                                    has entered into, and is in compliance
                                    with, an agreement for payment of all
                                    outstanding liabilities with the
                                    Internal Revenue Service.
                                (ii) Applicable federal tax liability.--For
                            purposes of (i), the term ``applicable Federal
                            tax liability'' means liability for Federal
                            taxes, including penalties and interest, owed
                            for any year while classified as a conditional
                            permanent resident for which the statutory
                            period for assessment of any deficiency for
                            such taxes has not expired.
                                (iii) IRS cooperation.--The Secretary of
                            the Treasury shall establish rules and
                            procedures under which the Commissioner of
                            Internal Revenue shall provide documentation
                            to--
                                        (I) a conditional permanent
                                    resident, upon request, to establish
                                    the payment of all taxes required under
                                    this subsection; or
                                        (II) the Secretary, upon request,
                                    regarding the payment of Federal taxes
                                    by an alien applying for a benefit
                                    under this section.
                                (iv) Compliance.--The alien may satisfy
                            proof of compliance with this subsection by
                            submitting documentation that establishes
                            that--
                                        (I) no such tax liability exists;
                                        (II) all outstanding liabilities
                                    have been met; or
                                        (III) the alien has entered into,
                                    and is in compliance with, an agreement
                                    for payment of all outstanding
                                    liabilities with the Internal Revenue
                                    Service.
        (b) Adjustment of Status.--
                (1) Adjustment of status.--Notwithstanding any other
            provision of law, and except as otherwise provided in this Act,
            the Secretary of Homeland Security may adjust the status of an
            alien granted a PUM visa, subject to the conditional basis
            described in subsection (a), if the alien demonstrates that the
            alien is not inadmissible under paragraph (2) (criminal
            grounds), (3) (security grounds), 4(A) and (B) (public charge),
            6(E) (smugglers), or 10(C) (child abductors) of section 212(a)
            of the Immigration and Nationality Act (8 U.S.C. 1182(a)),
                (2) Mandatory fee.--Aliens granted a waiver of
            inadmissibility from 212(a) not listed in (1) shall pay a $500
            fee that shall be deposited into the Security and Prosperity
            Account as described in section 502 of the Comprehensive
            Immigration Reform ASAP Act of 2009.
                (3) Aliens not subject to direct numerical limitations.--
            Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sections
            310, 313, and 317(a) of this Act, is further amended by adding
            at the end the following:
                        ``(I) Aliens whose status is adjusted under section
                    203(i).''.

    SEC. 319. RULEMAKING.

        The Secretary shall promulgate regulations regarding the timely
    filing and processing of applications for visas awarded under section
    203(i) of the Immigration and Nationality Act, as added by section
    317(b) of this Act.

    SEC. 320. UNITED STATES-EDUCATED IMMIGRANTS.

        (a) Exemption From Numerical Limitations.--
                (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)),
            as amended by sections 310, 313, 317(a), and 318(b)(3) of this
            Act, is further amended by adding at the end the following:
                        ``(J) Aliens who have earned a master's or higher
                    degree from an accredited university in the United
                    States.
                        ``(K) Aliens who have been awarded medical
                    specialty certification based on postdoctoral training
                    and experience in the United States preceding their
                    application for an immigrant visa under section 203(b).
                        ``(L) Aliens who will perform labor in shortage
                    occupations designated by the Secretary of Labor for
                    blanket certification under section 212(a)(5)(A) as
                    lacking sufficient United States workers able, willing,
                    qualified, and available for such occupations and for
                    which the employment of aliens will not adversely
                    affect the terms and conditions of similarly employed
                    United States workers.
                        ``(M) Aliens who have earned a master's degree or
                    higher in science, technology, engineering, or
                    mathematics and have been working in a related field in
                    the United States in a nonimmigrant status during the
                    3-year period preceding their application for an
                    immigrant visa under section 203(b).
                        ``(N) Aliens described in subparagraph (A) or (B)
                    of section 203(b)(1) or who have received a national
                    interest waiver under section 203(b)(2)(B).
                        ``(O) The spouse and minor children of an alien
                    described in subparagraph (J), (K), (L), (M), or
                    (N).''.
                (2) Applicability.--The amendment made by paragraph (1)
            shall apply to any visa application--
                        (A) pending on the date of the enactment of this
                    Act; or
                        (B) filed on or after such date of enactment.
        (b) Labor Certifications.--Section 212(a)(5)(A)(ii) (8 U.S.C.
    1182(a)(5)(A)(ii)) is amended--
                (1) in subclause (I), by striking ``, or'' and inserting a
            semicolon;
                (2) in subclause (II), by striking the period at the end
            and inserting ``; or''; and
                (3) by adding at the end the following:
                                        ``(III) is a member of the
                                    professions and has a master's degree
                                    or higher from an accredited university
                                    in the United States or has been
                                    awarded medical specialty certification
                                    based on postdoctoral training and
                                    experience in the United States.''.
        (c) Attestation by Health Care Workers.--
                (1) Requirement for attestation.--Section 212(a)(5) (8
            U.S.C. 1182(a)(5)) is amended by adding at the end the
            following:
                        ``(E) Health care workers with other obligations.--
                                ``(i) In general.--An alien who seeks to
                            enter the United States for the purpose of
                            performing labor as a physician or other health
                            care worker is inadmissible unless the alien
                            submits to the Secretary of Homeland Security
                            or the Secretary of State, as appropriate, an
                            attestation that the alien is not seeking to
                            enter the United States for such purpose during
                            any period in which the alien has an
                            outstanding obligation to the government of the
                            alien's country of origin or the alien's
                            country of residence.
                                ``(ii) Obligation defined.--In this
                            subparagraph, the term `obligation' means an
                            obligation incurred as part of a valid,
                            voluntary individual agreement in which the
                            alien received financial assistance to defray
                            the costs of education or training to qualify
                            as a physician or other health care worker in
                            consideration for a commitment to work as a
                            physician or other health care worker in the
                            alien's country of origin or the alien's
                            country of residence.
                                ``(iii) Waiver.--The Secretary of Homeland
                            Security may waive a finding of inadmissibility
                            under clause (i) if the Secretary determines
                            that--
                                        ``(I) the obligation was incurred
                                    by coercion or other improper means;
                                        ``(II) the alien and the government
                                    of the country to which the alien has
                                    an outstanding obligation have reached
                                    a valid, voluntary agreement, pursuant
                                    to which the alien's obligation has
                                    been deemed satisfied, or the alien has
                                    shown to the satisfaction of the
                                    Secretary that the alien has been
                                    unable to reach such an agreement
                                    because of coercion or other improper
                                    means; or
                                        ``(III) the obligation should not
                                    be enforced due to other extraordinary
                                    circumstances, including undue hardship
                                    that would be suffered by the alien in
                                    the absence of a waiver.''.
                (2) Effective date and application.--
                        (A) Effective date.--The amendment made by
                    paragraph (1) shall become effective 180 days after the
                    date of the enactment of this Act.
                        (B) Application by the secretary.--The Secretary
                    shall begin to carry out section 212(a)(5)(E) of the
                    Immigration and Nationality Act, as added by paragraph
                    (1), not later than the effective date described in
                    subparagraph (A), including the requirement for the
                    attestation and the granting of a waiver described in
                    such section, regardless of whether regulations to
                    implement such section have been promulgated.

    SEC. 321. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

        (a) Adjustment of Status.--Section 245 (8 U.S.C. 1255), as amended
    by this title, is further amended by adding at the end the following:
        ``(n) Adjustment of Status for Employment-based Immigrants.--
                ``(1) Eligibility.--The Secretary of Homeland Security
            shall promulgate regulations to provide for the filing of an
            application for adjustment of status by an alien (and any
            eligible dependents of such alien), regardless of whether an
            immigrant visa is immediately available at the time the
            application is filed, if the alien--
                        ``(A) has an approved petition under subparagraph
                    (E) or (F) of section 204(a)(1); or
                        ``(B) at the discretion of the Secretary, has a
                    pending petition under subparagraph (E) or (F) of
                    section 204(a)(1).
                ``(2) Visa availability.--An application filed pursuant to
            paragraph (1) may not be approved until an immigrant visa
            becomes available.
                ``(3) Fees.--If an application is filed pursuant to
            paragraph (1), the beneficiary of such application shall pay a
            supplemental fee of $500. Such fee may not be charged to any
            dependent accompanying or following to join such beneficiary.
                ``(4) Extension of employment authorization and advanced
            parole document.--
                        ``(A) In general.--The Secretary of Homeland
                    Security shall provide employment authorization and
                    advanced parole documents, in 3-year increments, to
                    beneficiaries of an application for adjustment of
                    status based on a petition that is filed or, at the
                    discretion of the Secretary, pending, under
                    subparagraph (E) or (F) of section 204(a)(1).
                        ``(B) Fee adjustments.--Application fees under this
                    subsection may be adjusted in accordance with the 3-
                    year period of validity assigned to the employment
                    authorization or advanced parole documents under
                    subparagraph (A).''.
        (b) Use of Fees.--Section 286 (8 U.S.C. 1356) is amended--
                (1) in subsection (m)--
                        (A) by striking ``(m) Notwithstanding any other
                    provisions of law,'' and inserting the following:
        ``(m) Immigration Examinations Fee Account.--
                ``(1) In general.--Notwithstanding any other provision of
            law, all fees collected under section 245(o)(3) and'';
                        (B) by striking ``: Provided, however, That all''
                    and inserting the following:
                ``(2) Virgin islands; guam.--All''; and
                        (C) by striking ``: Provided further, That fees''
                    and inserting the following:
                ``(3) Cost recovery.--Fees'';
                (2) in subsection (n)--
                        (A) by striking ``(n) All deposits'' and inserting
                    the following:
                ``(4) Use of funds.--
                        ``(A) In general.--Except as provided under
                    subparagraph (B), all deposits''; and
                        (B) adding at the end the following:
                        ``(B) Supplemental fee for adjustment of status of
                    employment-based immigrants.--Any amounts deposited
                    into the Immigration Examinations Fee Account that were
                    collected under section 245(o)(3) shall remain
                    available until expended by the Secretary of Homeland
                    Security for backlog reduction and clearing security
                    background check delays.'';
                (3) in subsection (o), by striking ``(o) The Attorney
            General'' and inserting the following:
                ``(5) Annual financial report to congress.--The Attorney
            General''; and
                (4) in subsection (p), by striking ``(p) The provisions set
            forth in subsections (m), (n), and (o) of this section'' and
            inserting the following:
                ``(6) Applicability.--The provisions set forth in this
            subsection shall''.

    SEC. 322. RETURN OF TALENT PROGRAM.

        (a) Short Title.--This section may be cited as the ``Return of
    Talent Act''.
        (b) Establishment.--
                (1) In general.--Title III (8 U.S.C. 1401 et seq.) is
            amended by inserting after section 317 the following:

    ``SEC. 317A. TEMPORARY ABSENCE OF PERSONS PARTICIPATING IN THE RETURN
                  OF TALENT PROGRAM.

        ``(a) In General.--The Secretary of Homeland Security, in
    consultation with the Secretary of State, shall establish the Return of
    Talent Program to permit eligible aliens to temporarily return to the
    alien's country of citizenship in order to make a material contribution
    to that country if the country is engaged in postconflict or natural
    disaster reconstruction activities, for a period not longer than 2
    years, unless an exception is granted under subsection (d).
        ``(b) Eligible Alien.--An alien is eligible to participate in the
    Return of Talent Program established under subsection (a) if the alien
    meets the special immigrant description under section 101(a)(27)(N).
        ``(c) Family Members.--The spouse, parents, siblings, and any minor
    children of an alien who participates in the Return of Talent Program
    established under subsection (a) may return to such alien's country of
    citizenship with the alien and reenter the United States with the
    alien.
        ``(d) Extension of Time.--The Secretary of Homeland Security may
    extend the 2-year period referred to in subsection (a) upon a showing
    that circumstances warrant that an extension is necessary for
    postconflict or natural disaster reconstruction efforts.
        ``(e) Residency Requirements.--An immigrant described in section
    101(a)(27)(N) who participates in the Return of Talent Program
    established under subsection (a), and the spouse, parents, siblings,
    and any minor children who accompany such immigrant to that immigrant's
    country of citizenship, shall be considered, during such period of
    participation in the program--
                ``(1) for purposes of section 316(a), physically present
            and residing in the United States for purposes of
            naturalization within the meaning of that section; and
                ``(2) for purposes of section 316(b), to meet the
            continuous residency requirements in that section.
        ``(f) Oversight and Enforcement.--The Secretary of Homeland
    Security, in consultation with the Secretary of State, shall oversee
    and enforce the requirements of this section.''.
                (2) Table of contents.--The table of contents (8 U.S.C.
            1101 et seq.) is amended by inserting after the item relating
            to section 317 the following:

    ``317A. Temporary absence of persons participating in the Return of
                                Talent Program''.''
        (c) Eligible Immigrants.--Section 101(a)(27) (8 U.S.C. 1101(a)(27))
    is amended by adding at the end the following:
                        ``(N) an immigrant who--
                                ``(i) has been lawfully admitted to the
                            United States for permanent residence;
                                ``(ii) demonstrates an ability and
                            willingness to make a material contribution to
                            the postconflict or natural disaster
                            reconstruction in the alien's country of
                            citizenship; and
                                ``(iii) as determined by the Secretary of
                            State in consultation with the Secretary of
                            Homeland Security--
                                        ``(I) is a citizen of a country in
                                    which Armed Forces of the United States
                                    are engaged, or have engaged in the 10
                                    years preceding such determination, in
                                    combat or peacekeeping operations;
                                        ``(II) is a citizen of a country
                                    where authorization for United Nations
                                    peacekeeping operations was initiated
                                    by the United Nations Security Council
                                    during the 10 years preceding such
                                    determination; or
                                        ``(III) is a citizen of a country
                                    which received, during the preceding 2
                                    years, funding from the Office of
                                    Foreign Disaster Assistance of the
                                    United States Agency for International
                                    Development in response to a declared
                                    disaster in such country by the United
                                    States Ambassador, the Chief of the
                                    U.S. Mission, or the appropriate
                                    Assistant Secretary of State, that is
                                    beyond the ability of such country's
                                    response capacity and warrants a
                                    response by the United States
                                    Government.''.
        (d) Report to Congress.--Not later than 2 years after the date of
    the enactment of this Act, the Secretary, in consultation with the
    Secretary of State, shall submit a report to Congress that describes--
                (1) the countries of citizenship of the participants in the
            Return of Talent Program established under section 317A of the
            Immigration and Nationality Act, as added by subsection (b);
                (2) the postconflict or natural disaster reconstruction
            efforts that benefitted, or were made possible, through
            participation in the program; and
                (3) any other information that the Secretary determines to
            be appropriate.
        (e) Regulations.--Not later than 6 months after the date of the
    enactment of this Act, the Secretary shall promulgate regulations to
    carry out this section and the amendments made by this section.
        (f) Authorization of Appropriations.--There are authorized to be
    appropriated to United States Citizenship and Immigration Services such
    sums as may be necessary to carry out this section and the amendments
    made by this section.

           TITLE IV--EARNED LEGALIZATION OF UNDOCUMENTED INDIVIDUALS

                     Subtitle A--Conditional Nonimmigrants

    SEC. 401. CONDITIONAL NONIMMIGRANTS.

        (a) In General.--
                (1) Required registration.--An alien as described in this
            section shall register with the Department of Homeland Security
            by submitting biometric identification pursuant to subsection
            (b) and filing an application with the Secretary that
            demonstrates the alien's compliance with the requirements
            listed in subsections (b) through (e).
                (2) Classification.--Notwithstanding any other provision of
            law, including section 244(h) of the Immigration and
            Nationality Act (8 U.S.C. 1254a(h)), the Secretary shall
            classify an alien as a conditional nonimmigrant or conditional
            nonimmigrant dependent if the alien registers pursuant to
            paragraph (1) and is determined to meet the requirements listed
            in this section.
        (b) Compliance With Security and Law Enforcement Background
    Checks.--Registration and classification as a conditional nonimmigrant
    or conditional nonimmigrant dependent under this section is contingent
    upon the submission of all required biometric data in accordance with
    procedures established by the Secretary.
        (c) Physical Presence.--
                (1) Presence in the united states.--The alien shall
            establish that the alien--
                        (A) was present in the United States on the date of
                    the introduction of this Act in the United States House
                    of Representatives;
                        (B) has been continuously present in the United
                    States since the date described in subparagraph (A);
                    and
                        (C) was not legally present in the United States on
                    the date of the introduction of this Act in the United
                    States House of Representatives under any
                    classification described in section 101(a)(15) of the
                    Immigration and Nationality Act (8 U.S.C. 1101(a)(15))
                    or has been in violation of status on or before such
                    date.
                (2) Continuous presence.--For purposes of this subsection,
            an absence from the United States without authorization for a
            continuous period of more than 180 days between the date of the
            enactment of this Act and the beginning of the application
            period for classification as a conditional nonimmigrant or
            conditional nonimmigrant dependent shall constitute a break in
            continuous physical presence. Individuals absent under advance
            parole shall not be considered as failing to meet the
            continuous physical presence requirement.
        (d) Otherwise Admissible to the United States.--
                (1) In general.--An alien shall be eligible for
            classification as a conditional nonimmigrant or conditional
            nonimmigrant dependent if the Secretary determines that the
            alien--
                        (A) is not inadmissible to the United States under
                    section 212(a) of the Immigration and Nationality Act
                    (8 U.S.C. 1182(a)), except as provided in paragraph
                    (2);
                        (B) has not 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; and
                        (C) is not an alien--
                                (i) who has been convicted by final
                            judgment of a particularly serious crime and
                            constitutes a danger to the community of the
                            United States;
                                (ii) for whom there are reasonable grounds
                            for believing that the alien has committed a
                            particularly serious crime outside the United
                            States before arriving in the United States; or
                                (iii) for whom there are reasonable grounds
                            for regarding the alien as a danger to the
                            security of the United States; and
                                (iv) who has been convicted of a felony or
                            3 or more misdemeanors for which the alien has
                            served not less than 12 months of imprisonment
                            in the aggregate.
                (2) Grounds of inadmissibility.--In determining an alien's
            admissibility under paragraph (1)(A)--
                        (A) paragraphs (5), (6), (7), (9), and (10)(B) of
                    section 212(a) of such Act shall not apply;
                        (B) the Secretary may not waive--
                                (i) subparagraph (A), (B), (C), (D)(ii),
                            (E), (G), (H), or (I) of section 212(a)(2) of
                            such Act (relating to criminals);
                                (ii) section 212(a)(3) of such Act
                            (relating to security and related grounds); or
                                (iii) subparagraph (A), (C), or (D) of
                            section 212(a)(10) of such Act (relating to
                            polygamists and child abductors);
                        (C) the Secretary may waive the application of any
                    provision of section 212(a) of such Act not listed in
                    subparagraph (B) on behalf of an individual alien for
                    humanitarian purposes, to ensure family unity, or if
                    such waiver is otherwise in the public interest; and
                        (D) nothing in this paragraph shall be construed as
                    affecting the authority of the Secretary other than
                    under this paragraph to waive the provisions of section
                    212(a) of such Act.
                (3) Applicability of other provisions.--Sections 240B(d)
            and 241(a)(5) of the Immigration and Nationality Act (8 U.S.C.
            1229c(d) and 1231(a)(5)) shall not apply to an alien who is
            applying for classification under this section for conduct that
            occurred before the date of enactment of this Act.
        (e) Contributions to the United States Through Employment,
    Education, Military Service or Other Commitment to the Community.--
                (1) In general.--The Secretary shall not accept the
            registration of an alien, or classify an alien as a conditional
            nonimmigrant or conditional nonimmigrant dependent unless the
            alien attests, under penalty of perjury, that he or she is
            contributing to the United States through one or more of the
            following enterprises--
                        (A) the alien is employed full-time, part-time, or
                    seasonally in the United States, is self-employed, or
                    is actively seeking employment; or
                        (B) is enrolled full- or part-time in an accredited
                    secondary or post-secondary school, university, or
                    other institution of higher education, or an accredited
                    vocational, technical, or other training program; or
                        (C) is a member of the active or reserve Armed
                    Services, the National Guard, or other government
                    sponsored civil service program; or
                        (D) otherwise establishes, to the satisfaction of
                    the Secretary, that the alien is an active volunteer or
                    community member.
                (2) Exemptions.--The requirements in paragraph (1) shall
            not apply to any individual who, at the time of registration--
                        (A) is 65 years of age or older, has a physical or
                    mental disability, is pregnant, is the primary
                    caregiver to a child under the age of 16 or to an
                    elderly or disabled person, or is on official extended
                    medical leave; or
                        (B) is the spouse of a United States citizen or
                    lawful permanent resident;
                        (C) is a child 21 years of age or younger of a
                    United States citizen or lawful permanent resident; or
                        (D) has been physically present in the United
                    States for a continuous period of not less than 5 years
                    immediately preceding the date of enactment of this
                    Act, and had not yet reached the age of 16 years at the
                    time of initial entry and had not yet reached the age
                    of 35 years on the date of the enactment of this Act.
                (3) Definitions.--In this subtitle:
                        (A) Institution of higher education.--The term
                    ``institution of higher education'' has the meaning
                    given that term in section 101 of the Higher Education
                    Act of 1965 (20 U.S.C. 1001).
                        (B) Uniformed services.--The term ``uniformed
                    services'' has the meaning given that term in section
                    101(a) of title 10, United States Code.
        (f) Special Rule for Spouses and Children.--Notwithstanding any
    other provision of law, the Secretary shall classify the spouse or
    child of a conditional nonimmigrant as a conditional nonimmigrant
    dependent, or provide the spouse or child with a conditional
    nonimmigrant dependent visa if--
                (1) the spouse or child is not otherwise inadmissible to
            the United States as described in subsection (d);
                (2) in the case of a child, was 21 years of age or younger
            on the date of enactment of this Act; or
                (3) in the case of a spouse, was married to the conditional
            nonimmigrant on or before the date of enactment and is married
            at the time of the application;
                (4) except that the spouse or child of an alien who was
            subsequently classified as a conditional nonimmigrant under
            this Act may apply for classification as a conditional
            nonimmigrant if the spousal or parental relationship has
            terminated and--
                        (A) the termination of the relationship with such
                    spouse or parent was connected to domestic violence;
                    and
                        (B) the spouse or child has been battered or
                    subjected to extreme cruelty by the spouse or parent
                    who is a conditional nonimmigrant.
        (g) Application Procedures, Fee and Penalty.--
                (1) Application procedures.--For purposes of establishing
            enrollment in this program, an application shall be considered
            complete if it includes appropriate biometric data, applicable
            fees, penalties through fines, and answers fully and completely
            all questions attesting to eligibility as described in
            subsections (a) through (f). The Secretary may require evidence
            upon initial submission of the application sufficient to
            establish prima facie eligibility for conditional nonimmigrant
            or conditional nonimmigrant dependent status. The Secretary
            may, at his or her discretion, require additional evidence or
            an interview to make a final determination that an alien has
            established eligibility for classification.
                (2) Application fee and penalty.--
                        (A) Application fee.--The Secretary shall impose a
                    fee for filing an application under this section. Such
                    fee shall be sufficient to cover the administrative and
                    other expenses incurred in connection with the review
                    of such applications.
                        (B) Penalty.--
                                (i) In general.--Except as provided under
                            clause (ii), an alien filing an application
                            under this section shall submit to the
                            Secretary, in addition to the fee required
                            under subparagraph (A), a fine of $500.
                                (ii) Exception.--An alien who is classified
                            as a conditional nonimmigrant who qualifies for
                            classification based on the exemption in
                            subsection (e)(2)(D) or a conditional
                            nonimmigrant dependent because he or she was
                            younger than 21 years of age on the date of
                            enactment of this Act shall not be required to
                            pay a fine under this paragraph.
                        (C) Disposition of fees and fines.--
                                (i) Fees.--Fees collected under this
                            paragraph shall be deposited into the
                            Immigration Examination Fee Account and remain
                            available as provided under subsections (m) and
                            (n) of section 286 of the Immigration and
                            Nationality Act (8 U.S.C. 1356).
                                (ii) Fines.--Fines collected under this
                            paragraph shall be deposited into the Security
                            and Prosperity Account established under
                            section 286(w) of such Act.
        (h) Treatment of Applicants.--
                (1) In general.--An alien who files an application under
            this section to become a conditional nonimmigrant or a
            conditional nonimmigrant dependent shall be considered enrolled
            in the program pursuant to subsection (a)(2) until such time as
            a final determination is made on the application for
            classification. Following submission of biometric data pursuant
            to subsection (b) and successful clearance of the Secretary's
            security and criminal background checks, a registered alien--
                        (A) shall be granted employment authorization
                    pending final adjudication of the alien's application;
                        (B) shall be granted permission to travel abroad;
                        (C) may not be detained for immigration purposes,
                    determined inadmissible or deportable, or removed
                    pending final adjudication of the alien's application,
                    unless the alien, due to subsequent conduct or criminal
                    conviction, becomes ineligible for conditional
                    nonimmigrant classification; and
                        (D) may not be considered an unauthorized alien (as
                    defined in section 274A(h)(3) of the Immigration and
                    Nationality Act (8 U.S.C. 1324a(h)(3))) until
                    employment authorization under subparagraph (A) is
                    denied.
                (2) Document of authorization.--The Secretary shall provide
            each alien described in paragraph (1) with a counterfeit-
            resistant document of authorization that--
                        (A) meets all current requirements established by
                    the Secretary for travel documents, including the
                    requirements under section 403 of the Illegal
                    Immigration Reform and Immigrant Responsibility Act of
                    1996 (8 U.S.C. 1324a note); and
                        (B) reflects the benefits and status set forth in
                    paragraph (1).
                (3) Before application period.--If an alien is apprehended
            between the date of the enactment of this Act and the date on
            which the alien files an application under this section, and
            the alien can establish prima facie eligibility as a
            conditional nonimmigrant or a conditional nonimmigrant
            dependent, the alien shall not be detained and the Secretary
            shall provide the alien with a reasonable opportunity to file
            an application under this section.
                (4) During certain proceedings.--Notwithstanding any
            provision of the Immigration and Nationality Act, if an
            immigration judge determines that an alien who is in removal
            proceedings has made a prima facie case of eligibility for
            classification as a conditional nonimmigrant or a conditional
            nonimmigrant dependent, the judge shall administratively close
            such proceedings and permit the alien a reasonable opportunity
            to apply for such classification.
                (5) Relationships of application to certain orders.--
                        (A) In general.--An alien who is present in the
                    United States and has been ordered excluded, deported,
                    removed, or ordered to depart voluntarily from the
                    United States under any provision of the Immigration
                    and Nationality Act--
                                (i) notwithstanding such order, may apply
                            for classification as a conditional
                            nonimmigrant or conditional nonimmigrant
                            dependent under this subtitle;
                                (ii) shall not be required to file a
                            separate motion to reopen, reconsider, or
                            vacate the exclusion, deportation, removal, or
                            voluntary departure order; and
                                (iii) the filing of an application for
                            conditional nonimmigrant or conditional
                            nonimmigrant dependent status shall stay the
                            removal of the alien pending final adjudication
                            of the application, unless the removal or
                            detainment of the alien is based on criminal or
                            national security-related grounds that would
                            render the alien ineligible under this section.
                        (B) Application granted.--If the Secretary grants
                    the application described in subparagraph (A)(i), the
                    Secretary shall cancel the order described in
                    subparagraph (A).
                        (C) Application denied.--If the Secretary renders a
                    final administrative decision to deny the application
                    described in subparagraph (A)(i), the order described
                    in subparagraph (A) shall be effective and enforceable
                    to the same extent as if the application had not been
                    made.
        (i) Classification.--
                (1) Benefits and documentation.--If the Secretary
            determines that an alien is eligible for classification as a
            conditional nonimmigrant or conditional nonimmigrant dependent,
            the alien shall be entitled to all benefits described in
            subsection (h)(1). The Secretary may authorize the use of a
            document described in subsection (h)(2) as evidence of such
            classification or may issue additional documentation as
            evidence of classification as a conditional nonimmigrant or
            conditional nonimmigrant dependent.
                (2) Period of authorized stay.--
                        (A) In general.--Except as provided under
                    subparagraph (C), the period of authorized stay for a
                    conditional nonimmigrant or a conditional nonimmigrant
                    dependent shall be 6 years from the date on which such
                    status is conferred.
                        (B) Extension.--The Secretary may extend the period
                    described in subparagraph (A) in additional 5-year
                    increments provided that the alien continues to meet
                    the requirements of this section.
        (j) Termination of Benefits.--
                (1) In general.--Any benefit provided to an alien seeking
            classification as a conditional nonimmigrant or conditional
            nonimmigrant dependent, or who is classified as such, under
            this section shall terminate if--
                        (A) the Secretary determines that the alien is
                    ineligible for such classification and all review
                    procedures under section 603 have been exhausted or
                    waived by the alien;
                        (B) the alien has used documentation issued under
                    this section for unlawful or fraudulent purposes; or
                        (C) in the case of the spouse or child of an alien
                    applying for classification as a conditional
                    nonimmigrant or classified as a conditional
                    nonimmigrant under this section, the benefits for the
                    principal alien are terminated unless benefits are
                    terminated due to the death of the principal applicant;
                    provided that the spouse or child shall be given a
                    reasonable opportunity to apply independently for
                    classification under this section.
        (k) Dissemination of Information on Conditional Nonimmigrant
    Program.--During the 12-month period immediately following the issuance
    of regulations implementing this section, the Secretary, in cooperation
    with entities approved by the Secretary, shall broadly disseminate
    information respecting conditional nonimmigrant or conditional
    nonimmigrant dependent classification under this section and the
    requirements to be satisfied to obtain such classification. The
    Secretary shall disseminate information to employers and labor unions
    to advise them of the rights and protections available to them and to
    workers who file applications under this section. Such information
    shall be broadly disseminated, in the principal languages, as
    determined by the Secretary, spoken by aliens who would qualify for
    classification under this section, including to television, radio, and
    print media to which such aliens would have access.
        (l) Construction Clause.--Nothing in this subsection shall be
    construed to prevent an alien described in this section from filing an
    application for an immigration benefit in accordance with any other
    provision of law.

    SEC. 402. ADJUSTMENT OF STATUS FOR CONDITIONAL NONIMMIGRANTS.

        (a) Requirements.--
                (1) In general.--Notwithstanding any other provision of
            law, including section 244(h) of the Immigration and
            Nationality Act (8 U.S.C. 1254a(h)), the Secretary may adjust
            the status of a conditional nonimmigrant or a conditional
            nonimmigrant dependent to that of an alien lawfully admitted
            for permanent residence if the conditional nonimmigrant or
            conditional nonimmigrant dependent satisfies the applicable
            requirements under this subsection.
                (2) Fulfillment of conditional requirements.--A conditional
            nonimmigrant applying for adjustment of status under this
            section shall establish that during the 5-year period
            immediately preceding the application for adjustment of status,
            he or she has fulfilled the requirements of the alien's
            conditional status by demonstrating that the alien--
                        (A) has not been convicted of any offenses that
                    would render the alien inadmissible as described in
                    subsection (b);
                        (B) has satisfied all past or current Federal
                    income tax liabilities and is in good standing with the
                    Internal Revenue Service as described in subsection
                    (c);
                        (C) can establish that he or she has contributed to
                    the community through employment, education, military
                    service or other enterprise as described in subsection
                    (d);
                        (D) has demonstrated sufficient mastery of basic
                    English skills as described in subsection (e); and
                        (E) where applicable, can establish proof of
                    registration under the Military Selective Service Act
                    (50 U.S.C. App. 451 et seq.).
        (b) Admissible Under Immigration Laws.--A conditional nonimmigrant
    or conditional nonimmigrant dependent applying for adjustment of status
    under this section shall establish that he or she is not inadmissible
    under section 212(a) of the Immigration and Nationality Act (8 U.S.C.
    1182(a)), except for any provision under that section that is not
    applicable or waived under paragraph (2) or (3) of section 401(d). For
    purposes of an application filed under this section, any prior waiver
    of inadmissibility granted to an alien under section 401(d)(2) shall
    remain in effect with respect to the specific conduct considered by the
    Secretary at the time of classification under section 401.
        (c) Payment of Income Taxes.--
                (1) In general.--Not later than the date on which status is
            adjusted under this section, a conditional nonimmigrant or
            conditional nonimmigrant dependent shall satisfy any applicable
            Federal tax liability by establishing that--
                        (A) no such tax liability exists;
                        (B) all outstanding liabilities have been paid; or
                        (C) the conditional nonimmigrant has entered into,
                    and is in compliance with, an agreement for payment of
                    all outstanding liabilities with the Internal Revenue
                    Service.
                (2) Applicable federal tax liability.--For purposes of
            paragraph (1), the term ``applicable Federal tax liability''
            means liability for Federal taxes, including penalties and
            interest, owed for any year while classified as a conditional
            nonimmigrant or conditional nonimmigrant dependent for which
            the statutory period for assessment of any deficiency for such
            taxes has not expired.
                (3) IRS cooperation.--The Secretary of the Treasury shall
            establish rules and procedures under which the Commissioner of
            Internal Revenue shall provide documentation to--
                        (A) a conditional nonimmigrant or conditional
                    nonimmigrant dependent, upon request, to establish the
                    payment of all taxes required under this subsection; or
                        (B) the Secretary, upon request, regarding the
                    payment of Federal taxes by an alien applying for a
                    benefit under this section.
                (4) Compliance.--The alien may satisfy proof of compliance
            with this subsection by submitting documentation that
            establishes that--
                        (A) no such tax liability exists;
                        (B) all outstanding liabilities have been met; or
                        (C) the alien has entered into, and is in
                    compliance with, an agreement for payment of all
                    outstanding liabilities with the Internal Revenue
                    Service.
        (d) Contributions to the United States Through Employment,
    Education, Military Service or Other Commitment to the Community.--
                (1) An alien shall demonstrate contributions to the United
            States by submitting evidence that he or she--
                        (A) is or has been engaged in full-time, part-time,
                    self, or seasonal employment in the United States; or
                        (B) has completed or is enrolled in an accredited
                    education program as described under subsection
                    (e)(1)(B) of section 401; or
                        (C) is serving in the military or has completed
                    military service as described in subsection (e)(1)(C)
                    of section 401; or
                        (D) otherwise establishes, to the satisfaction of
                    the Secretary, that the alien is an active volunteer or
                    community member; or
                        (E) is exempt from these requirements, as described
                    under subsection (e)(2) of section 401; and
                        (F) is self-sufficient or self-supporting,
                    including through the support of family, community
                    members, or others, as determined by the Secretary,
                    such that the alien is not a public charge or at risk
                    of becoming a public charge.
                (2) Evidence of employment, education, military service or
            other contributions.--
                        (A) Conclusive documents.--An alien may
                    conclusively establish compliance with paragraph (1) by
                    submitting records to the Secretary that demonstrate
                    such employment, education, military service, or other
                    contributions that have been maintained by the Social
                    Security Administration, the Internal Revenue Service,
                    the Armed Services or any other Federal, State, or
                    local government agency or public or private
                    educational institution.
                        (B) Other documents.--An alien who is unable to
                    submit a document described in subparagraph (A) may
                    satisfy the requirement under paragraph (1) by
                    submitting to the Secretary at least 2 other types of
                    reliable documents that provide evidence of
                    contributions to the United States, including--
                                (i) bank records;
                                (ii) business records;
                                (iii) employer records;
                                (iv) records of a labor union, day labor
                            center, or organization that assists workers in
                            employment;
                                (v) records of a registered charitable,
                            voluntary or 501(c)(3) nonprofit organization;
                            and
                                (vi) sworn affidavits from nonrelatives who
                            have direct knowledge of the alien's
                            contribution, that contain--
                                        (I) the name, address, and
                                    telephone number of the affiant;
                                        (II) the nature and duration of the
                                    relationship between the affiant and
                                    the alien; and
                                        (III) other verification or
                                    information; and
                                (vii) remittance records.
                        (C) Additional documents and restrictions.--The
                    Secretary may--
                                (i) designate additional documents to
                            evidence employment, education, military
                            service or and other contributions to the
                            United States; and
                                (ii) set such terms and conditions on the
                            use of affidavits as is necessary to verify and
                            confirm the identity of any affiant or
                            otherwise prevent fraudulent submissions.
                (4) Burden of proof.--An alien described in paragraph (1)
            who is applying for adjustment of status under this section
            shall prove, by a preponderance of the evidence, that the alien
            has satisfied the requirements of this subsection. An alien may
            meet such burden of proof by producing sufficient evidence to
            demonstrate employment, education, military service, or other
            contribution to the United States as a matter of reasonable
            inference.
        (e) Basic Citizenship Skills.--
                (1) In general.--Except as provided under paragraph (2), a
            conditional nonimmigrant or conditional nonimmigrant dependent
            shall establish that he or she--
                        (A) meets the requirements under section 312 of the
                    Immigration and Nationality Act (8 U.S.C. 1423);
                        (B) earned a high school diploma or obtained a
                    general education development certificate in the United
                    States; or
                        (C) is satisfactorily pursuing a course of study to
                    achieve such an understanding of English and knowledge
                    and understanding of the history and Government of the
                    United States.
                (2) Relation to naturalization examination.--A conditional
            nonimmigrant or conditional nonimmigrant dependent who
            demonstrates that he or she meets the requirements under such
            section 312 may be considered to have satisfied the
            requirements of that section for purposes of becoming
            naturalized as a citizen of the United States under title III
            of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.).
                (3) Exceptions.--
                        (A) Mandatory.--Paragraph (1) shall not apply to
                    any person who is unable to comply with those
                    requirements because of a physical or developmental
                    disability or mental impairment (as described in
                    section 312(b)(1) of the Immigration and Nationality
                    Act (8 U.S.C. 1423(b)(1))).
                        (B) Discretionary.--The Secretary may waive all or
                    part of paragraph (1) for a conditional nonimmigrant
                    who is at least 65 years of age on the date on which an
                    application is filed for adjustment of status under
                    this section.
        (f) Application Procedure, Fees, and Fines.--
                (1) Compliance with all requirements.--A conditional
            nonimmigrant or conditional nonimmigrant dependent seeking to
            adjust status to that of a lawful permanent resident shall
            submit to a full medical examination and all security and other
            law enforcement checks required of an applicant for adjustment
            under section 245 of the Immigration and Nationality Act.
                (2) Application and fee.--The Secretary shall promulgate
            regulations establishing procedures for submitting an
            application for adjustment of status under this section. The
            Secretary shall impose a fee for filing an application for
            adjustment of status under this section which shall be
            sufficient to cover the administrative and other expenses
            incurred in connection with the review of such applications.
                (3) Deposit of fees.--Fees collected under this paragraph
            shall be deposited into the Immigration Examination Fee Account
            and shall remain available as provided under subsections (m)
            and (n) of section 286 of the Immigration and Nationality Act
            (8 U.S.C. 1356).
        (g) Treatment of Conditional Nonimmigrant Dependents.--
                (1) Adjustment of status.--Notwithstanding any other
            provision of law, the Secretary may--
                        (A) adjust the status of a conditional nonimmigrant
                    dependent to that of a person admitted for lawful
                    permanent residence if the principal conditional
                    nonimmigrant spouse or parent has been found eligible
                    for adjustment of status under this section, provided
                    that the dependent complies with subparagraphs (A),
                    (B), and (E), where applicable, of subsection (a)(2)
                    and completes the application requirements described in
                    subsection (f);
                        (B) adjust the status of a conditional nonimmigrant
                    dependent who was the spouse or child of an alien who
                    was classified as a conditional nonimmigrant, or was
                    eligible for such classification under section 401, to
                    that of a person admitted for permanent residence if--
                                (i) the termination of the relationship
                            with such spouse or parent was connected to
                            domestic violence; and
                                (ii) the spouse or child has been battered
                            or subjected to extreme cruelty by the spouse
                            or parent; provided that the dependent complies
                            with subparagraphs (A), (B), and (E), where
                            applicable, of subsection (a)(2) and completes
                            the application requirements described in
                            subsection (g).
                (2) Application of other law.--In processing applications
            under this subsection on behalf of aliens who have been
            battered or subjected to extreme cruelty, the Secretary shall
            apply--
                        (A) the provisions under section 204(a)(1)(J) of
                    the Immigration and Nationality Act (8 U.S.C.
                    1154(a)(1)(J)); and
                        (B) the protections, prohibitions, and penalties
                    under section 384 of the Illegal Immigration Reform and
                    Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
        (h) Back of the Line.--
                (1) In general.--An alien may not adjust status to that of
            a lawful permanent resident status under this Act until that
            earlier of--
                        (A) 30 days after an immigrant visa becomes
                    available for petitions filed under section 201, 202,
                    or 203 of the Immigration and Nationality Act (8 U.S.C.
                    1151, 1152, and 1153), which were filed before the date
                    of enactment of this Act; or
                        (B) 6 years after the date of the enactment of this
                    Act.
                (2) Special rule for conditional immigrants qualifying
            under subsection (e)(2)(D) of section 401.--An alien who
            qualifies as a conditional nonimmigrant as described in
            subsection (e)(2)(D) of section 401 shall be eligible to apply
            for adjustment of status immediately upon the completion of one
            of the following:
                        (A) The alien has acquired a degree from an
                    institution of higher education in the United States or
                    has completed at least 2 years, in good standing, in a
                    program for a bachelor's degree or higher degree in the
                    United States.
                        (B) The alien has served in the uniformed services
                    for at least 2 years and, if discharged, has received
                    an honorable discharge.
                        (C) The alien has been employed full-time, part-
                    time, or seasonally for at least 2 years prior to date
                    of application.
                (3) Naturalization.--For purposes of naturalization only,
            aliens who adjust their status to that of a lawful permanent
            resident under the special rule described in paragraph (2)
            shall be eligible to apply for naturalization 3 years after the
            date on which adjustment of status is granted.
        (i) Ineligibility for Public Benefits.--For purposes of section 403
    of the Personal Responsibility and Work Opportunity Reconciliation Act
    of 1996 (8 U.S.C. 1613), an alien whose status has been adjusted under
    this section shall not be eligible for any Federal means-tested public
    benefit unless the alien meets the alien eligibility criteria for such
    benefit under title IV of such Act (8 U.S.C. 1601 et seq.).

    SEC. 403. ADMINISTRATIVE AND JUDICIAL REVIEW.

        (a) Administrative Review.--
                (1) Single level of administrative appellate review.--The
            Secretary of Homeland Security shall establish an independent
            appellate authority within the Bureau of Citizenship and
            Immigration Services to provide for a single level of
            administrative appellate review of a determination respecting
            an application for classification or adjustment of status under
            this subtitle.
                (2) Standard for review.--Administrative appellate review
            referred to in paragraph (1) shall be based solely upon the
            administrative record established at the time of the
            determination on the application and upon the presentation of
            additional or newly discovered evidence during the time of the
            pending appeal or subsequently on motion to reopen.
        (b) Judicial Review.--
                (1) Direct review.--A person whose application for
            classification or adjustment of status under this subtitle is
            denied after administrative appellate review under subsection
            (a) may seek review of such denial, in accordance with chapter
            7 of title 5, United States Code, before the United States
            district court for the district in which the person resides.
                (2) Review after removal proceedings.--There shall be
            judicial review in the Federal courts of appeal of the denial
            of an application for classification or adjustment of status
            under this subtitle in conjunction with judicial review of an
            order of removal, deportation, or exclusion.
                (3) Standard for judicial review.--Judicial review of a
            denial of an application under this subtitle shall be based
            upon the administrative record established at the time of the
            review, but the court may remand the case to the agency for
            consideration of additional evidence where the court finds that
            the evidence is material and there were reasonable grounds for
            failure to adduce the evidence before the agency.
            Notwithstanding any other provision of law, judicial review of
            all questions arising from a denial of an application under
            this subtitle shall be governed by the standard of review set
            forth in chapter 7 of title 5, United States Code.
                (4) Remedial powers.--Notwithstanding any other provision
            of law, the district courts of the United States shall have
            jurisdiction over any cause or claim arising from a pattern or
            practice of the Secretary of Homeland Security in the operation
            or implementation of this subtitle that is arbitrary,
            capricious, or otherwise contrary to law, and may order any
            appropriate relief. The district courts may order any
            appropriate relief in accordance with the preceding sentence
            without regard to exhaustion, ripeness, or other standing
            requirements (other than constitutionally-mandated
            requirements), if the court determines that resolution of such
            cause or claim will serve judicial and administrative
            efficiency or that a remedy would otherwise not be reasonably
            available or practicable.
        (c) Stay of Removal.--Aliens seeking administrative or judicial
    review under this section shall not be removed from the United States
    until a final decision is rendered establishing ineligibility under
    this subtitle.

    SEC. 404. MANDATORY DISCLOSURE OF INFORMATION.

        (a) Mandatory Disclosure.--The Secretary and the Secretary of State
    shall provide a duly recognized law enforcement entity that submits a
    written request with the information furnished pursuant to an
    application filed under this subtitle, and any other information
    derived from such furnished information, in connection with a criminal
    investigation or prosecution, or a national security investigation or
    prosecution, of an individual suspect or group of suspects.
        (b) Limitations.--Except as otherwise provided under this section,
    no Federal agency, or any officer, employee, or agent of such agency,
    may--
                (1) use the information furnished by the applicant pursuant
            to an application for benefits under this subtitle for any
            purpose other than to make a determination on the application;
                (2) make any publication through which the information
            furnished by any particular applicant can be identified; or
                (3) permit anyone other than the sworn officers and
            employees of such agency to examine individual applications.
        (c) Construction.--Nothing under subsection (b) shall prevent an
    alien or an alien's attorney access to his or her application, case
    file, or information related to such application or adjudication
    thereof.
        (d) Criminal Penalty.--Any person who knowingly uses, publishes, or
    permits information to be examined in violation of this section shall
    be fined not more than $10,000.

    SEC. 405. PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.

        (a) Criminal Penalty.--
                (1) Violation.--It shall be unlawful for any person--
                        (A) to file, or assist in filing, an application
                    for benefits under this subtitle; and
                                (i) to knowingly and willfully falsify,
                            misrepresent, conceal, or cover up a material
                            fact;
                                (ii) to make any false, fictitious, or
                            fraudulent statements or representations; or
                                (iii) to make or use any false writing or
                            document knowing the same to contain any false,
                            fictitious, or fraudulent statement or entry;
                            or
                        (B) to create or supply a false writing or document
                    for use in making such an application.
                (2) Penalty.--Any person who violates paragraph (1) shall
            be fined in accordance with title 18, United States Code,
            imprisoned not more than 5 years, or both.
        (b) Inadmissibility.--An alien who is convicted of violating
    subsection (a) shall be considered to be inadmissible to the United
    States on the ground described in section 212(a)(6)(C)(i) of the
    Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).
        (c) Exception.--Notwithstanding subsections (a) and (b), any alien
    or other entity (including an employer or union) that submits an
    employment record that contains incorrect data used by the alien to
    obtain such employment, shall not, on that ground, be determined to
    have violated this section.

    SEC. 406. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.

        Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by title III,
    is further amended--
                (1) in subparagraph (A), by striking ``subparagraph (A) or
            (B) of''; and
                (2) by adding at the end the following:
                        ``(N) Aliens whose status is adjusted from that of
                    a conditional nonimmigrant or conditional nonimmigrant
                    dependent.''.

    SEC. 407. EMPLOYER PROTECTIONS.

        (a) Immigration Status of Alien.--Employers of aliens applying for
    conditional nonimmigrant or conditional nonimmigrant dependent
    classification or adjustment of status under section 401 or 402 shall
    not be subject to civil and criminal tax liability relating directly to
    the employment of such alien before receiving employment authorization
    under this subtitle.
        (b) Provision of Employment Records.--Employers that provide
    unauthorized aliens with copies of employment records or other evidence
    of employment pursuant to an application for conditional nonimmigrant
    or conditional nonimmigrant dependent classification or adjustment of
    status under section 401 or 402 or any other application or petition
    pursuant to any other immigration law, shall not be subject to civil
    and criminal liability under section 274A of the Immigration and
    Nationality Act (8 U.S.C. 1324a) for employing such unauthorized
    aliens.
        (c) Applicability of Other Law.--Nothing in this section may be
    used to shield an employer from liability under section 274B of the
    Immigration and Nationality Act (8 U.S.C. 1324b) or any other labor or
    employment law.

    SEC. 408. LIMITATIONS ON ELIGIBILITY.

        (a) In General.--An alien is not ineligible for any immigration
    benefit under any provision of this subtitle, or any amendment made by
    this subtitle, solely on the basis that the alien violated section
    1543, 1544, or 1546 of title 18, United States Code, or any amendment
    made by this Act, during the period beginning on the date of the
    enactment of this Act and ending on the date on which the alien applies
    for any benefits under this subtitle.
        (b) Prosecution.--An alien who violates section 1543, 1544, or 1546
    of such title, or any amendment made by this Act, during the period
    beginning on the date of the enactment of this Act and ending on the
    date that the alien applies for eligibility for such benefit may be
    prosecuted for the violation if the alien"s application for such
    benefit is denied.

    SEC. 409. RULEMAKING.

        The Secretary shall promulgate regulations regarding the timely
    filing and processing of applications for benefits under this subtitle.

    SEC. 410. CORRECTION OF SOCIAL SECURITY RECORDS.

        (a) In General.--Section 208(e)(1) of the Social Security Act (42
    U.S.C. 408(e)(1)) is amended--
                (1) in subparagraph (B)(ii), by striking ``or'' at the end;
                (2) in subparagraph (C), by inserting ``or'' at the end;
                (3) by inserting after subparagraph (C) the following:
                        ``(D) who is granted an adjustment of immigration
                    status pursuant to the CIR ASAP Act of 2009 or an
                    amendment made by that Act,''; and
                (4) by striking ``1990.'' and inserting ``1990, or in the
            case of an alien described in subparagraph (D), if such conduct
            is alleged to have occurred before the date on which the alien
            was granted an adjustment of status described in such
            subparagraph.''.
        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect on the first day of the seventh month that begins after the
    date of the enactment of this Act.

    SEC. 411. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR
                  PURPOSES OF HIGHER EDUCATION BENEFITS.

        (a) In General.--Section 505 of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
        (b) Effective Date.--The repeal under subsection (a) shall take
    effect as if included in the enactment of the Illegal Immigration
    Reform and Immigrant Responsibility Act of 1996 (division C of Public
    Law 104-208; 110 Stat. 3009-546).

    SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--There are authorized to be appropriated to the
    Secretary such sums as may be necessary to carry out this subtitle and
    the amendments made by this subtitle.
        (b) Availability of Funds.--Funds appropriated pursuant to
    subsection (a) shall remain available until expended.
        (c) Sense of Congress.--It is the sense of Congress that funds
    authorized to be appropriated under subsection (a) should be directly
    appropriated so as to facilitate the orderly and timely commencement of
    the processing of applications filed under sections 401 and 402.

       Subtitle B--Agricultural Job Opportunities, Benefits, and Security

                        CHAPTER 1--TITLE AND DEFINITIONS

    SEC. 421. SHORT TITLE.

        This subtitle may be cited as the ``Agricultural Job Opportunities,
    Benefits, and Security Act of 2009'' or the ``AgJOBS Act of 2009''.

    SEC. 422. DEFINITIONS.

        In this Act:
                (1) Agricultural employment.--The term ``agricultural
            employment'' means any service or activity that is considered
            to be agricultural under section 3(f) of the Fair Labor
            Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural labor
            under section 3121(g) of the Internal Revenue Code of 1986 or
            the performance of agricultural labor or services described in
            section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality
            Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
                (2) Blue card status.--The term ``blue card status'' means
            the status of an alien who has been lawfully admitted into the
            United States for temporary residence under section 101(a).
                (3) Department.--The term ``Department'' means the
            Department of Homeland Security.
                (4) Employer.--The term ``employer'' means any person or
            entity, including any farm labor contractor and any
            agricultural association, that employs workers in agricultural
            employment.
                (5) Secretary.--Except as otherwise provided, the term
            ``Secretary'' means the Secretary of Homeland Security.
                (6) Work day.--The term ``work day'' means any day in which
            the individual is employed 5.75 or more hours in agricultural
            employment.

     CHAPTER 2--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL
                                    WORKERS

                         Subchapter A--Blue Card Status

    SEC. 431. REQUIREMENTS FOR BLUE CARD STATUS.

        (a) Requirement To Grant Blue Card Status.--Notwithstanding any
    other provision of law, the Secretary shall, pursuant to the
    requirements of this section, grant blue card status to an alien who
    qualifies under this section if the Secretary determines that the
    alien--
                (1) during the 24-month period ending on December 31,
            2008--
                        (A) performed agricultural employment in the United
                    States for at least 863 hours or 150 work days; or
                        (B) earned at least $7,500 from agricultural
                    employment in the United States;
                (2) applied for such status during the 18-month application
            period beginning on the first day of the seventh month that
            begins after the date of enactment of this Act;
                (3) is otherwise admissible to the United States under
            section 212 of the Immigration and Nationality Act (8 U.S.C.
            1182), except as otherwise provided under section 105(b); and
                (4) has not been convicted of any felony or a misdemeanor,
            an element of which involves bodily injury, threat of serious
            bodily injury, or harm to property in excess of $500.
        (b) Authorized Travel.--An alien who is granted blue card status is
    authorized to travel outside the United States (including commuting to
    the United States from a residence in a foreign country) in the same
    manner as an alien lawfully admitted for permanent residence.
        (c) Authorized Employment.--The Secretary shall provide an alien
    who is granted blue card status an employment authorized endorsement or
    other appropriate work permit, in the same manner as an alien lawfully
    admitted for permanent residence.
        (d) Termination of Blue Card Status.--
                (1) Deportable aliens.--The Secretary shall terminate blue
            card status granted to an alien if the Secretary determines
            that the alien is deportable.
                (2) Other grounds for termination.--The Secretary shall
            terminate blue card status granted to an alien if--
                        (A) the Secretary finds, by a preponderance of the
                    evidence, that the adjustment to blue card status was
                    the result of fraud or willful misrepresentation, as
                    described in section 212(a)(6)(C)(i) of the Immigration
                    and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
                        (B) the alien--
                                (i) commits an act that makes the alien
                            inadmissible to the United States under section
                            212 of the Immigration and Nationality Act (8
                            U.S.C. 1182), except as provided under section
                            105(b);
                                (ii) is convicted of a felony or 3 or more
                            misdemeanors committed in the United States;
                                (iii) is convicted of an offense, an
                            element of which involves bodily injury, threat
                            of serious bodily injury, or harm to property
                            in excess of $500; or
                                (iv) fails to perform the agricultural
                            employment required under paragraph (1)(A) of
                            section 103(a) unless the alien was unable to
                            work in agricultural employment due to the
                            extraordinary circumstances described in
                            paragraph (3) of such section.
        (e) Record of Employment.--
                (1) In general.--Each employer of an alien granted blue
            card status shall annually--
                        (A) provide a written record of employment to the
                    alien; and
                        (B) provide a copy of such record to the Secretary.
                (2) Civil penalties.--
                        (A) In general.--If the Secretary finds, after
                    notice and opportunity for a hearing, that an employer
                    of an alien granted blue card status has failed to
                    provide the record of employment required under
                    paragraph (1) or has provided a false statement of
                    material fact in such a record, the employer shall be
                    subject to a civil penalty in an amount not to exceed
                    $1,000 per violation.
                        (B) Limitation.--The penalty applicable under
                    subparagraph (A) for failure to provide records shall
                    not apply unless the alien has provided the employer
                    with evidence of employment authorization granted under
                    this section.
                (3) Sunset.--The obligation under paragraph (1) shall
            terminate on the date that is 6 years after the date of the
            enactment of this Act.
        (f) Required Features of Identity Card.--The Secretary shall
    provide each alien granted blue card status, and the spouse and any
    child of each such alien residing in the United States, with a card
    that contains--
                (1) an encrypted, machine-readable, electronic
            identification strip that is unique to the alien to whom the
            card is issued;
                (2) biometric identifiers, including fingerprints and a
            digital photograph; and
                (3) physical security features designed to prevent
            tampering, counterfeiting, or duplication of the card for
            fraudulent purposes.
        (g) Fine.--An alien granted blue card status shall pay a fine of
    $100 to the Secretary.
        (h) Maximum Number.--The Secretary may not issue more than
    1,350,000 blue cards during the 5-year period beginning on the date of
    the enactment of this Act.

    SEC. 432. TREATMENT OF ALIENS GRANTED BLUE CARD STATUS.

        (a) In General.--Except as otherwise provided under this section,
    an alien granted blue card status (including a spouse or child of the
    alien granted derivative status) shall be considered to be an alien
    lawfully admitted for permanent residence for purposes of any law other
    than any provision of the Immigration and Nationality Act (8 U.S.C.
    1101 et seq.).
        (b) Delayed Eligibility for Certain Federal Public Benefits.--
    Except as otherwise provided in law, an alien granted blue card status
    shall not be eligible, by reason of such status, for any form of
    assistance or benefit described in section 403(a) of the Personal
    Responsibility and Work Opportunity Reconciliation Act of 1996 (8
    U.S.C. 1613(a)) until 5 years after the date on which the alien is
    granted an adjustment of status under section 103.

    SEC. 433. ADJUSTMENT TO PERMANENT RESIDENCE.

        (a) In General.--Except as provided in subsection (b), the
    Secretary shall adjust the status of an alien granted blue card status
    to that of an alien lawfully admitted for permanent residence if the
    Secretary determines that the following requirements are satisfied:
                (1) Qualifying employment.--
                        (A) In general.--Subject to subparagraph (B), the
                    alien has performed at least--
                                (i) 5 years of agricultural employment in
                            the United States for at least 100 work days
                            per year, during the 5-year period beginning on
                            the date of the enactment of this Act; or
                                (ii) 3 years of agricultural employment in
                            the United States for at least 150 work days
                            per year, during the 3-year period beginning on
                            the date of the enactment of this Act.
                        (B) 4-year period of employment.--An alien shall be
                    considered to meet the requirements of subparagraph (A)
                    if the alien has performed 4 years of agricultural
                    employment in the United States for at least 150 work
                    days during 3 years of those 4 years and at least 100
                    work days during the remaining year, during the 4-year
                    period beginning on the date of the enactment of this
                    Act.
                (2) Proof.--An alien may demonstrate compliance with the
            requirement under paragraph (1) by submitting--
                        (A) the record of employment described in section
                    101(e); or
                        (B) documentation that may be submitted under
                    section 104(c).
                (3) Extraordinary circumstances.--
                        (A) In general.--In determining whether an alien
                    has met the requirement of paragraph (1)(A), the
                    Secretary may credit the alien with not more than 12
                    additional months of agricultural employment in the
                    United States to meet such requirement if the alien was
                    unable to work in agricultural employment due to--
                                (i) pregnancy, injury, or disease, if the
                            alien can establish such pregnancy, disabling
                            injury, or disease through medical records;
                                (ii) illness, disease, or other special
                            needs of a minor child, if the alien can
                            establish such illness, disease, or special
                            needs through medical records;
                                (iii) severe weather conditions that
                            prevented the alien from engaging in
                            agricultural employment for a significant
                            period of time; or
                                (iv) termination from agricultural
                            employment, if the Secretary finds that the
                            termination was without just cause and that the
                            alien was unable to find alternative
                            agricultural employment after a reasonable job
                            search.
                        (B) Effect of finding.--A finding made under
                    subparagraph (A)(iv), with respect to an alien, shall
                    not--
                                (i) be conclusive, binding, or admissible
                            in a separate or subsequent judicial or
                            administrative action or proceeding between the
                            alien and a current or prior employer of the
                            alien or any other party; or
                                (ii) subject the alien's employer to the
                            payment of attorney fees incurred by the alien
                            in seeking to obtain a finding under
                            subparagraph (A)(iv).
                (4) Application period.--The alien applies for adjustment
            of status not later than 7 years after the date of the
            enactment of this Act.
                (5) Fine.--The alien pays a fine of $400 to the Secretary.
        (b) Grounds for Denial of Adjustment of Status.--The Secretary
    shall deny an alien granted blue card status an adjustment of status
    under this section if--
                (1) the Secretary finds, by a preponderance of the
            evidence, that the adjustment to blue card status was the
            result of fraud or willful misrepresentation, as described in
            section 212(a)(6)(C)(i) of the Immigration and Nationality Act
            (8 U.S.C. 1182(a)(6)(C)(i)); or
                (2) the alien--
                        (A) commits an act that makes the alien
                    inadmissible to the United States under section 212 of
                    the Immigration and Nationality Act (8 U.S.C. 1182),
                    except as provided under section 105(b);
                        (B) is convicted of a felony or 3 or more
                    misdemeanors committed in the United States;
                        (C) is convicted of an offense, an element of which
                    involves bodily injury, threat of serious bodily
                    injury, or harm to property in excess of $500; or
                        (D) failed to perform the agricultural employment
                    required under paragraph (1)(A) of subsection (a)
                    unless the alien was unable to work in agricultural
                    employment due to the extraordinary circumstances
                    described in paragraph (3) of such subsection.
        (c) Grounds for Removal.--Any alien granted blue card status who
    does not apply for adjustment of status under this section before the
    expiration of the application period described in subsection (a)(4) or
    who fails to meet the other requirements of subsection (a) by the end
    of the application period, is deportable and may be removed under
    section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
        (d) Payment of Taxes.--
                (1) In general.--Not later than the date on which an
            alien's status is adjusted under this section, the alien shall
            establish that the alien does not owe any applicable Federal
            tax liability by establishing that--
                        (A) no such tax liability exists;
                        (B) all such outstanding tax liabilities have been
                    paid; or
                        (C) the alien has entered into an agreement for
                    payment of all outstanding liabilities with the
                    Internal Revenue Service.
                (2) Applicable federal tax liability.--In paragraph (1) the
            term ``applicable Federal tax liability'' means liability for
            Federal taxes, including penalties and interest, owed for any
            year during the period of employment required under subsection
            (a)(1) for which the statutory period for assessment of any
            deficiency for such taxes has not expired.
                (3) IRS cooperation.--The Secretary of the Treasury shall
            establish rules and procedures under which the Commissioner of
            Internal Revenue shall provide documentation to an alien upon
            request to establish the payment of all taxes required by this
            subsection.
        (e) Spouses and Minor Children.--
                (1) In general.--Notwithstanding any other provision of
            law, the Secretary shall confer the status of lawful permanent
            resident on the spouse and minor child of an alien granted any
            adjustment of status under subsection (a), including any
            individual who was a minor child on the date such alien was
            granted blue card status, if the spouse or minor child applies
            for such status, or if the principal alien includes the spouse
            or minor child in an application for adjustment of status to
            that of a lawful permanent resident.
                (2) Treatment of spouses and minor children.--
                        (A) Granting of status and removal.--The Secretary
                    shall grant derivative status to the alien spouse and
                    any minor child residing in the United States of an
                    alien granted blue card status and shall not remove
                    such derivative spouse or child during the period that
                    the alien granted blue card status maintains such
                    status, except as provided in paragraph (3). A grant of
                    derivative status to such a spouse or child under this
                    subparagraph shall not decrease the number of aliens
                    who may receive blue card status under subsection (h)
                    of section 101.
                        (B) Travel.--The derivative spouse and any minor
                    child of an alien granted blue card status may travel
                    outside the United States in the same manner as an
                    alien lawfully admitted for permanent residence.
                        (C) Employment.--The derivative spouse of an alien
                    granted blue card status may apply to the Secretary for
                    a work permit to authorize such spouse to engage in any
                    lawful employment in the United States while such alien
                    maintains blue card status.
                (3) Grounds for denial of adjustment of status and
            removal.--The Secretary shall deny an alien spouse or child
            adjustment of status under paragraph (1) and may remove such
            spouse or child under section 240 of the Immigration and
            Nationality Act (8 U.S.C. 1229a) if the spouse or child--
                        (A) commits an act that makes the alien spouse or
                    child inadmissible to the United States under section
                    212 of such Act (8 U.S.C. 1182), except as provided
                    under section 105(b);
                        (B) is convicted of a felony or 3 or more
                    misdemeanors committed in the United States; or
                        (C) is convicted of an offense, an element of which
                    involves bodily injury, threat of serious bodily
                    injury, or harm to property in excess of $500.

    SEC. 434. APPLICATIONS.

        (a) Submission.--The Secretary shall provide that--
                (1) applications for blue card status may be submitted--
                        (A) to the Secretary if the applicant is
                    represented by an attorney or a nonprofit religious,
                    charitable, social service, or similar organization
                    recognized by the Board of Immigration Appeals under
                    section 292.2 of title 8, Code of Federal Regulations;
                    or
                        (B) to a qualified designated entity if the
                    applicant consents to the forwarding of the application
                    to the Secretary; and
                (2) applications for adjustment of status under section 103
            shall be filed directly with the Secretary.
        (b) Qualified Designated Entity Defined.--In this section, the term
    ``qualified designated entity'' means--
                (1) a qualified farm labor organization or an association
            of employers designated by the Secretary; or
                (2) any such other person designated by the Secretary if
            that Secretary determines such person is qualified and has
            substantial experience, demonstrated competence, and has a
            history of long-term involvement in the preparation and
            submission of applications for adjustment of status under
            section 209, 210, or 245 of the Immigration and Nationality Act
            (8 U.S.C. 1159, 1160, and 1255), the Act entitled ``An Act to
            adjust the status of Cuban refugees to that of lawful permanent
            residents of the United States, and for other purposes'',
            approved November 2, 1966 (Public Law 89-732; 8 U.S.C. 1255
            note), Public Law 95-145 (8 U.S.C. 1255 note), or the
            Immigration Reform and Control Act of 1986 (Public Law 99-603;
            100 Stat. 3359) or any amendment made by that Act.
        (c) Proof of Eligibility.--
                (1) In general.--An alien may establish that the alien
            meets the requirement of section 101(a)(1) or 103(a)(1) through
            government employment records or records supplied by employers
            or collective bargaining organizations, and other reliable
            documentation as the alien may provide. The Secretary shall
            establish special procedures to properly credit work in cases
            in which an alien was employed under an assumed name.
                (2) Documentation of work history.--
                        (A) Burden of proof.--An alien applying for status
                    under section 101(a) or 103(a) has the burden of
                    proving by a preponderance of the evidence that the
                    alien has worked the requisite number of hours or days
                    required under section 101(a)(1) or 103(a)(1), as
                    applicable.
                        (B) Timely production of records.--If an employer
                    or farm labor contractor employing such an alien has
                    kept proper and adequate records respecting such
                    employment, the alien's burden of proof under
                    subparagraph (A) may be met by securing timely
                    production of those records under regulations to be
                    promulgated by the Secretary.
                        (C) Sufficient evidence.--An alien may meet the
                    burden of proof under subparagraph (A) to establish
                    that the alien has performed the days or hours of work
                    required by section 101(a)(1) or 103(a)(1) by producing
                    sufficient evidence to show the extent of that
                    employment as a matter of just and reasonable
                    inference.
        (d) Applications Submitted to Qualified Designated Entities.--
                (1) Requirements.--Each qualified designated entity shall
            agree--
                        (A) to forward to the Secretary an application
                    submitted to that entity pursuant to subsection
                    (a)(1)(B) if the applicant has consented to such
                    forwarding;
                        (B) not to forward to the Secretary any such
                    application if the applicant has not consented to such
                    forwarding; and
                        (C) to assist an alien in obtaining documentation
                    of the alien's work history, if the alien requests such
                    assistance.
                (2) No authority to make determinations.--No qualified
            designated entity may make a determination required by this
            subtitle to be made by the Secretary.
        (e) Limitation on Access to Information.--Files and records
    collected or compiled by a qualified designated entity for the purposes
    of this section are confidential and the Secretary shall not have
    access to such a file or record relating to an alien without the
    consent of the alien, except as allowed by a court order issued
    pursuant to subsection (f).
        (f) Confidentiality of Information.--
                (1) In general.--Except as otherwise provided in this
            section, the Secretary or any other official or employee of the
            Department or a bureau or agency of the Department is
            prohibited from--
                        (A) using information furnished by the applicant
                    pursuant to an application filed under this subtitle,
                    the information provided by an applicant to a qualified
                    designated entity, or any information provided by an
                    employer or former employer for any purpose other than
                    to make a determination on the application or for
                    imposing the penalties described in subsection (g);
                        (B) making any publication in which the information
                    furnished by any particular individual can be
                    identified; or
                        (C) permitting a person other than a sworn officer
                    or employee of the Department or a bureau or agency of
                    the Department or, with respect to applications filed
                    with a qualified designated entity, that qualified
                    designated entity, to examine individual applications.
                (2) Required disclosures.--The Secretary shall provide the
            information furnished under this subtitle or any other
            information derived from such furnished information to--
                        (A) a duly recognized law enforcement entity in
                    connection with a criminal investigation or
                    prosecution, if such information is requested in
                    writing by such entity; or
                        (B) an official coroner, for purposes of
                    affirmatively identifying a deceased individual,
                    whether or not the death of such individual resulted
                    from a crime.
                (3) Construction.--
                        (A) In general.--Nothing in this subsection shall
                    be construed to limit the use, or release, for
                    immigration enforcement purposes or law enforcement
                    purposes, of information contained in files or records
                    of the Department pertaining to an application filed
                    under this section, other than information furnished by
                    an applicant pursuant to the application, or any other
                    information derived from the application, that is not
                    available from any other source.
                        (B) Criminal convictions.--Notwithstanding any
                    other provision of this subsection, information
                    concerning whether the alien applying for blue card
                    status or an adjustment of status under section 103 has
                    been convicted of a crime at any time may be used or
                    released for immigration enforcement or law enforcement
                    purposes.
                (4) Crime.--Any person who knowingly uses, publishes, or
            permits information to be examined in violation of this
            subsection shall be subject to a fine in an amount not to
            exceed $10,000.
        (g) Penalties for False Statements in Applications.--
                (1) Criminal penalty.--Any person who--
                        (A) files an application for blue card status or an
                    adjustment of status under section 103 and knowingly
                    and willfully falsifies, conceals, or covers up a
                    material fact or makes any false, fictitious, or
                    fraudulent statements or representations, or makes or
                    uses any false writing or document knowing the same to
                    contain any false, fictitious, or fraudulent statement
                    or entry; or
                        (B) creates or supplies a false writing or document
                    for use in making such an application,
            shall be fined in accordance with title 18, United States Code,
            imprisoned not more than 5 years, or both.
                (2) Inadmissibility.--An alien who is convicted of a crime
            under paragraph (1) shall be considered to be inadmissible to
            the United States on the ground described in section
            212(a)(6)(C)(i) of the Immigration and Nationality Act (8
            U.S.C. 1182(a)(6)(C)(i)).
        (h) Eligibility for Legal Services.--Section 504(a)(11) of Public
    Law 104-134 (110 Stat. 1321-53 et seq.) shall not be construed to
    prevent a recipient of funds under the Legal Services Corporation Act
    (42 U.S.C. 2996 et seq.) from providing legal assistance directly
    related to an application for blue card status or an adjustment of
    status under section 103.
        (i) Application Fees.--
                (1) Fee schedule.--The Secretary shall provide for a
            schedule of fees that--
                        (A) shall be charged for the filing of an
                    application for blue card status or for an adjustment
                    of status under section 103; and
                        (B) may be charged by qualified designated entities
                    to help defray the costs of services provided to such
                    applicants.
                (2) Prohibition on excess fees by qualified designated
            entities.--A qualified designated entity may not charge any fee
            in excess of, or in addition to, the fees authorized under
            paragraph (1)(B) for services provided to applicants.
                (3) Disposition of fees.--
                        (A) In general.--There is established in the
                    general fund of the Treasury a separate account, which
                    shall be known as the ``Agricultural Worker Immigration
                    Status Adjustment Account''. Notwithstanding any other
                    provision of law, there shall be deposited as
                    offsetting receipts into the account all fees collected
                    under paragraph (1)(A).
                        (B) Use of fees for application processing.--
                    Amounts deposited in the ``Agricultural Worker
                    Immigration Status Adjustment Account'' shall remain
                    available to the Secretary until expended for
                    processing applications for blue card status or an
                    adjustment of status under section 103.

    SEC. 435. WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR
                  INADMISSIBILITY.

        (a) Numerical Limitations Do Not Apply.--The numerical limitations
    of sections 201 and 202 of the Immigration and Nationality Act (8
    U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to
    lawful permanent resident status under section 103.
        (b) Waiver of Certain Grounds of Inadmissibility.--In the
    determination of an alien's eligibility for status under section 101(a)
    or an alien's eligibility for adjustment of status under section
    103(b)(2)(A) the following rules shall apply:
                (1) Grounds of exclusion not applicable.--The provisions of
            paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the
            Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
            apply.
                (2) Waiver of other grounds.--
                        (A) In general.--Except as provided in subparagraph
                    (B), the Secretary may waive any other provision of
                    such section 212(a) in the case of individual aliens
                    for humanitarian purposes, to ensure family unity, or
                    if otherwise in the public interest.
                        (B) Grounds that may not be waived.--Subparagraphs
                    (A), (B), (C), (D), (G), (H), and (I) of paragraph (2)
                    and paragraphs (3) and (4) of such section 212(a) may
                    not be waived by the Secretary under subparagraph (A).
                        (C) Construction.--Nothing in this paragraph shall
                    be construed as affecting the authority of the
                    Secretary other than under this subparagraph to waive
                    provisions of such section 212(a).
                (3) Special rule for determination of public charge.--An
            alien is not ineligible for blue card status or an adjustment
            of status under section 103 by reason of a ground of
            inadmissibility under section 212(a)(4) of the Immigration and
            Nationality Act (8 U.S.C. 1182(a)(4)) if the alien demonstrates
            a history of employment in the United States evidencing self-
            support without reliance on public cash assistance.
        (c) Temporary Stay of Removal and Work Authorization for Certain
    Applicants.--
                (1) Before application period.--Effective on the date of
            enactment of this Act, the Secretary shall provide that, in the
            case of an alien who is apprehended before the beginning of the
            application period described in section 101(a)(2) and who can
            establish a nonfrivolous case of eligibility for blue card
            status (but for the fact that the alien may not apply for such
            status until the beginning of such period), until the alien has
            had the opportunity during the first 30 days of the application
            period to complete the filing of an application for blue card
            status, the alien--
                        (A) may not be removed; and
                        (B) shall be granted authorization to engage in
                    employment in the United States and be provided an
                    employment authorized endorsement or other appropriate
                    work permit for such purpose.
                (2) During application period.--The Secretary shall provide
            that, in the case of an alien who presents a nonfrivolous
            application for blue card status during the application period
            described in section 101(a)(2), including an alien who files
            such an application within 30 days of the alien's apprehension,
            and until a final determination on the application has been
            made in accordance with this section, the alien--
                        (A) may not be removed; and
                        (B) shall be granted authorization to engage in
                    employment in the United States and be provided an
                    employment authorized endorsement or other appropriate
                    work permit for such purpose.

    SEC. 436. ADMINISTRATIVE AND JUDICIAL REVIEW.

        (a) In General.--There shall be no administrative or judicial
    review of a determination respecting an application for blue card
    status or adjustment of status under section 103 except in accordance
    with this section.
        (b) Administrative Review.--
                (1) Single level of administrative appellate review.--The
            Secretary shall establish an appellate authority to provide for
            a single level of administrative appellate review of such a
            determination.
                (2) Standard for review.--Such administrative appellate
            review shall be based solely upon the administrative record
            established at the time of the determination on the application
            and upon such additional or newly discovered evidence as may
            not have been available at the time of the determination.
        (c) Judicial Review.--
                (1) Limitation to review of removal.--There shall be
            judicial review of such a determination only in the judicial
            review of an order of removal under section 242 of the
            Immigration and Nationality Act (8 U.S.C. 1252).
                (2) Standard for judicial review.--Such judicial review
            shall be based solely upon the administrative record
            established at the time of the review by the appellate
            authority and the findings of fact and determinations contained
            in such record shall be conclusive unless the applicant can
            establish abuse of discretion or that the findings are directly
            contrary to clear and convincing facts contained in the record
            considered as a whole.

    SEC. 437. USE OF INFORMATION.

        Beginning not later than the first day of the application period
    described in section 101(a)(2), the Secretary, in cooperation with
    qualified designated entities (as that term is defined in section
    104(b)), shall broadly disseminate information respecting the benefits
    that aliens may receive under this subtitle and the requirements that
    an alien is required to meet to receive such benefits.

    SEC. 438. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF APPROPRIATIONS.

        (a) Regulations.--The Secretary shall issue regulations to
    implement this subtitle not later than the first day of the seventh
    month that begins after the date of enactment of this Act.
        (b) Effective Date.--This subtitle shall take effect on the date
    that regulations required by subsection (a) are issued, regardless of
    whether such regulations are issued on an interim basis or on any other
    basis.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary such sums as may be necessary to
    implement this subtitle, including any sums needed for costs associated
    with the initiation of such implementation, for fiscal years 2009 and
    2010.

              Subchapter B--Correction of Social Security Records

    SEC. 441. CORRECTION OF SOCIAL SECURITY RECORDS.

        (a) In General.--Section 208(e)(1) of the Social Security Act (42
    U.S.C. 408(e)(1)) is amended--
                (1) in subparagraph (B)(ii), by striking ``or'' at the end;
                (2) in subparagraph (C), by inserting ``or'' at the end;
                (3) by inserting after subparagraph (C) the following:
                ``(D) who is granted blue card status under the
            Agricultural Job Opportunities, Benefits, and Security Act of
            2009''; and
                (4) by striking ``1990.'' and inserting ``1990, or in the
            case of an alien described in subparagraph (D), if such conduct
            is alleged to have occurred before the date on which the alien
            was granted blue card status.''.
        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect on the first day of the seventh month that begins after the
    date of the enactment of this Act.

                    CHAPTER 3--REFORM OF H-2A WORKER PROGRAM

    SEC. 451. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT.

        (a) In General.--Title II of the Immigration and Nationality Act (8
    U.S.C. 1151 et seq.) is amended by striking section 218 and inserting
    the following:

    ``SEC. 218. H-2A EMPLOYER APPLICATIONS.

        ``(a) Applications to the Secretary of Labor.--
                ``(1) In general.--No alien may be admitted to the United
            States as an H-2A worker, or otherwise provided status as an H-
            2A worker, unless the employer has filed with the Secretary of
            Labor an application containing--
                        ``(A) the assurances described in subsection (b);
                        ``(B) a description of the nature and location of
                    the work to be performed;
                        ``(C) the anticipated period (expected beginning
                    and ending dates) for which the workers will be needed;
                    and
                        ``(D) the number of job opportunities in which the
                    employer seeks to employ the workers.
                ``(2) Accompanied by job offer.--Each application filed
            under paragraph (1) shall be accompanied by a copy of the job
            offer describing the wages and other terms and conditions of
            employment and the bona fide occupational qualifications that
            shall be possessed by a worker to be employed in the job
            opportunity in question.
        ``(b) Assurances for Inclusion in Applications.--The assurances
    referred to in subsection (a)(1) are the following:
                ``(1) Job opportunities covered by collective bargaining
            agreements.--With respect to a job opportunity that is covered
            under a collective bargaining agreement:
                        ``(A) Union contract described.--The job
                    opportunity is covered by a union contract which was
                    negotiated at arm's length between a bona fide union
                    and the employer.
                        ``(B) Strike or lockout.--The specific job
                    opportunity for which the employer is requesting an H-
                    2A worker is not vacant because the former occupant is
                    on strike or being locked out in the course of a labor
                    dispute.
                        ``(C) Notification of bargaining representatives.--
                    The employer, at the time of filing the application,
                    has provided notice of the filing under this paragraph
                    to the bargaining representative of the employer's
                    employees in the occupational classification at the
                    place or places of employment for which aliens are
                    sought.
                        ``(D) Temporary or seasonal job opportunities.--The
                    job opportunity is temporary or seasonal.
                        ``(E) Offers to united states workers.--The
                    employer has offered or will offer the job to any
                    eligible United States worker who applies and is
                    equally or better qualified for the job for which the
                    nonimmigrant is, or the nonimmigrants are, sought and
                    who will be available at the time and place of need.
                        ``(F) Provision of insurance.--If the job
                    opportunity is not covered by the State workers'
                    compensation law, the employer will provide, at no cost
                    to the worker, insurance covering injury and disease
                    arising out of, and in the course of, the worker's
                    employment which will provide benefits at least equal
                    to those provided under the State's workers'
                    compensation law for comparable employment.
                ``(2) Job opportunities not covered by collective
            bargaining agreements.--With respect to a job opportunity that
            is not covered under a collective bargaining agreement:
                        ``(A) Strike or lockout.--The specific job
                    opportunity for which the employer has applied for an
                    H-2A worker is not vacant because the former occupant
                    is on strike or being locked out in the course of a
                    labor dispute.
                        ``(B) Temporary or seasonal job opportunities.--The
                    job opportunity is temporary or seasonal.
                        ``(C) Benefit, wage, and working conditions.--The
                    employer will provide, at a minimum, the benefits,
                    wages, and working conditions required by section 218A
                    to all workers employed in the job opportunities for
                    which the employer has applied for an H-2A worker under
                    subsection (a) and to all other workers in the same
                    occupation at the place of employment.
                        ``(D) Nondisplacement of united states workers.--
                    The employer did not displace and will not displace a
                    United States worker employed by the employer during
                    the period of employment and for a period of 30 days
                    preceding the period of employment in the occupation at
                    the place of employment for which the employer has
                    applied for an H-2A worker.
                        ``(E) Requirements for placement of the
                    nonimmigrant with other employers.--The employer will
                    not place the nonimmigrant with another employer
                    unless--
                                ``(i) the nonimmigrant performs duties in
                            whole or in part at 1 or more worksites owned,
                            operated, or controlled by such other employer;
                                ``(ii) there are indicia of an employment
                            relationship between the nonimmigrant and such
                            other employer; and
                                ``(iii) the employer has inquired of the
                            other employer as to whether, and has no actual
                            knowledge or notice that, during the period of
                            employment and for a period of 30 days
                            preceding the period of employment, the other
                            employer has displaced or intends to displace a
                            United States worker employed by the other
                            employer in the occupation at the place of
                            employment for which the employer seeks
                            approval to employ H-2A workers.
                        ``(F) Statement of liability.--The application form
                    shall include a clear statement explaining the
                    liability under subparagraph (E) of an employer if the
                    other employer described in such subparagraph displaces
                    a United States worker as described in such
                    subparagraph.
                        ``(G) Provision of insurance.--If the job
                    opportunity is not covered by the State workers'
                    compensation law, the employer will provide, at no cost
                    to the worker, insurance covering injury and disease
                    arising out of and in the course of the worker's
                    employment which will provide benefits at least equal
                    to those provided under the State's workers'
                    compensation law for comparable employment.
                        ``(H) Employment of united states workers.--
                                ``(i) Recruitment.--The employer has taken
                            or will take the following steps to recruit
                            United States workers for the job opportunities
                            for which the H-2A nonimmigrant is, or H-2A
                            nonimmigrants are, sought:
                                        ``(I) Contacting former workers.--
                                    The employer shall make reasonable
                                    efforts through the sending of a letter
                                    by United States Postal Service mail,
                                    or otherwise, to contact any United
                                    States worker the employer employed
                                    during the previous season in the
                                    occupation at the place of intended
                                    employment for which the employer is
                                    applying for workers and has made the
                                    availability of the employer's job
                                    opportunities in the occupation at the
                                    place of intended employment known to
                                    such previous workers, unless the
                                    worker was terminated from employment
                                    by the employer for a lawful job-
                                    related reason or abandoned the job
                                    before the worker completed the period
                                    of employment of the job opportunity
                                    for which the worker was hired.
                                        ``(II) Filing a job offer with the
                                    local office of the state employment
                                    security agency.--Not later than 28
                                    days before the date on which the
                                    employer desires to employ an H-2A
                                    worker in a temporary or seasonal
                                    agricultural job opportunity, the
                                    employer shall submit a copy of the job
                                    offer described in subsection (a)(2) to
                                    the local office of the State
                                    employment security agency which serves
                                    the area of intended employment and
                                    authorize the posting of the job
                                    opportunity on `America's Job Bank' or
                                    other electronic job registry, except
                                    that nothing in this subclause shall
                                    require the employer to file an
                                    interstate job order under section 653
                                    of title 20, Code of Federal
                                    Regulations.
                                        ``(III) Advertising of job
                                    opportunities.--Not later than 14 days
                                    before the date on which the employer
                                    desires to employ an H-2A worker in a
                                    temporary or seasonal agricultural job
                                    opportunity, the employer shall
                                    advertise the availability of the job
                                    opportunities for which the employer is
                                    seeking workers in a publication in the
                                    local labor market that is likely to be
                                    patronized by potential farm workers.
                                        ``(IV) Emergency procedures.--The
                                    Secretary of Labor shall, by
                                    regulation, provide a procedure for
                                    acceptance and approval of applications
                                    in which the employer has not complied
                                    with the provisions of this
                                    subparagraph because the employer's
                                    need for H-2A workers could not
                                    reasonably have been foreseen.
                                ``(ii) Job offers.--The employer has
                            offered or will offer the job to any eligible
                            United States worker who applies and is equally
                            or better qualified for the job for which the
                            nonimmigrant is, or nonimmigrants are, sought
                            and who will be available at the time and place
                            of need.
                                ``(iii) Period of employment.--The employer
                            will provide employment to any qualified United
                            States worker who applies to the employer
                            during the period beginning on the date on
                            which the H-2A worker departs for the
                            employer's place of employment and ending on
                            the date on which 50 percent of the period of
                            employment for which the H-2A worker who is in
                            the job was hired has elapsed, subject to the
                            following requirements:
                                        ``(I) Prohibition.--No person or
                                    entity shall willfully and knowingly
                                    withhold United States workers before
                                    the arrival of H-2A workers in order to
                                    force the hiring of United States
                                    workers under this clause.
                                        ``(II) Complaints.--Upon receipt of
                                    a complaint by an employer that a
                                    violation of subclause (I) has
                                    occurred, the Secretary of Labor shall
                                    immediately investigate. The Secretary
                                    of Labor shall, within 36 hours of the
                                    receipt of the complaint, issue
                                    findings concerning the alleged
                                    violation. If the Secretary of Labor
                                    finds that a violation has occurred,
                                    the Secretary of Labor shall
                                    immediately suspend the application of
                                    this clause with respect to that
                                    certification for that date of need.
                                        ``(III) Placement of united states
                                    workers.--Before referring a United
                                    States worker to an employer during the
                                    period described in the matter
                                    preceding subclause (I), the Secretary
                                    of Labor shall make all reasonable
                                    efforts to place the United States
                                    worker in an open job acceptable to the
                                    worker, if there are other job offers
                                    pending with the job service that offer
                                    similar job opportunities in the area
                                    of intended employment.
                                ``(iv) Statutory construction.--Nothing in
                            this subparagraph shall be construed to
                            prohibit an employer from using such legitimate
                            selection criteria relevant to the type of job
                            that are normal or customary to the type of job
                            involved so long as such criteria are not
                            applied in a discriminatory manner.
        ``(c) Applications by Associations on Behalf of Employer Members.--
                ``(1) In general.--An agricultural association may file an
            application under subsection (a) on behalf of 1 or more of its
            employer members that the association certifies in its
            application has or have agreed in writing to comply with the
            requirements of this section and sections 218A, 218B, and 218C.
                ``(2) Treatment of associations acting as employers.--If an
            association filing an application under paragraph (1) is a
            joint or sole employer of the temporary or seasonal
            agricultural workers requested on the application, the
            certifications granted under subsection (e)(2)(B) to the
            association may be used for the certified job opportunities of
            any of its producer members named on the application, and such
            workers may be transferred among such producer members to
            perform the agricultural services of a temporary or seasonal
            nature for which the certifications were granted.
        ``(d) Withdrawal of Applications.--
                ``(1) In general.--An employer may withdraw an application
            filed pursuant to subsection (a), except that if the employer
            is an agricultural association, the association may withdraw an
            application filed pursuant to subsection (a) with respect to 1
            or more of its members. To withdraw an application, the
            employer or association shall notify the Secretary of Labor in
            writing, and the Secretary of Labor shall acknowledge in
            writing the receipt of such withdrawal notice. An employer who
            withdraws an application under subsection (a), or on whose
            behalf an application is withdrawn, is relieved of the
            obligations undertaken in the application.
                ``(2) Limitation.--An application may not be withdrawn
            while any alien provided status under section
            101(a)(15)(H)(ii)(a) pursuant to such application is employed
            by the employer.
                ``(3) Obligations under other statutes.--Any obligation
            incurred by an employer under any other law or regulation as a
            result of the recruitment of United States workers or H-2A
            workers under an offer of terms and conditions of employment
            required as a result of making an application under subsection
            (a) is unaffected by withdrawal of such application.
        ``(e) Review and Approval of Applications.--
                ``(1) Responsibility of employers.--The employer shall make
            available for public examination, within 1 working day after
            the date on which an application under subsection (a) is filed,
            at the employer's principal place of business or worksite, a
            copy of each such application (and such accompanying documents
            as are necessary).
                ``(2) Responsibility of the secretary of labor.--
                        ``(A) Compilation of list.--The Secretary of Labor
                    shall compile, on a current basis, a list (by employer
                    and by occupational classification) of the applications
                    filed under subsection (a). Such list shall include the
                    wage rate, number of workers sought, period of intended
                    employment, and date of need. The Secretary of Labor
                    shall make such list available for examination in the
                    District of Columbia.
                        ``(B) Review of applications.--The Secretary of
                    Labor shall review such an application only for
                    completeness and obvious inaccuracies. Unless the
                    Secretary of Labor finds that the application is
                    incomplete or obviously inaccurate, the Secretary of
                    Labor shall certify that the intending employer has
                    filed with the Secretary of Labor an application as
                    described in subsection (a). Such certification shall
                    be provided within 7 days of the filing of the
                    application.''

    ``SEC. 218A. H-2A EMPLOYMENT REQUIREMENTS.

        ``(a) Preferential Treatment of Aliens Prohibited.--Employers
    seeking to hire United States workers shall offer the United States
    workers no less than the same benefits, wages, and working conditions
    that the employer is offering, intends to offer, or will provide to H-
    2A workers. Conversely, no job offer may impose on United States
    workers any restrictions or obligations which will not be imposed on
    the employer's H-2A workers.
        ``(b) Minimum Benefits, Wages, and Working Conditions.--Except in
    cases where higher benefits, wages, or working conditions are required
    by the provisions of subsection (a), in order to protect similarly
    employed United States workers from adverse effects with respect to
    benefits, wages, and working conditions, every job offer which shall
    accompany an application under section 218(b)(2) shall include each of
    the following benefit, wage, and working condition provisions:
                ``(1) Requirement to provide housing or a housing
            allowance.--
                        ``(A) In general.--An employer applying under
                    section 218(a) for H-2A workers shall offer to provide
                    housing at no cost to all workers in job opportunities
                    for which the employer has applied under that section
                    and to all other workers in the same occupation at the
                    place of employment, whose place of residence is beyond
                    normal commuting distance.
                        ``(B) Type of housing.--In complying with
                    subparagraph (A), an employer may, at the employer's
                    election, provide housing that meets applicable Federal
                    standards for temporary labor camps or secure housing
                    that meets applicable local standards for rental or
                    public accommodation housing or other substantially
                    similar class of habitation, or in the absence of
                    applicable local standards, State standards for rental
                    or public accommodation housing or other substantially
                    similar class of habitation. In the absence of
                    applicable local or State standards, Federal temporary
                    labor camp standards shall apply.
                        ``(C) Family housing.--If it is the prevailing
                    practice in the occupation and area of intended
                    employment to provide family housing, family housing
                    shall be provided to workers with families who request
                    it.
                        ``(D) Workers engaged in the range production of
                    livestock.--The Secretary of Labor shall issue
                    regulations that address the specific requirements for
                    the provision of housing to workers engaged in the
                    range production of livestock.
                        ``(E) Limitation.--Nothing in this paragraph shall
                    be construed to require an employer to provide or
                    secure housing for persons who were not entitled to
                    such housing under the temporary labor certification
                    regulations in effect on June 1, 1986.
                        ``(F) Charges for housing.--
                                ``(i) Charges for public housing.--If
                            public housing provided for migrant
                            agricultural workers under the auspices of a
                            local, county, or State government is secured
                            by an employer, and use of the public housing
                            unit normally requires charges from migrant
                            workers, such charges shall be paid by the
                            employer directly to the appropriate individual
                            or entity affiliated with the housing's
                            management.
                                ``(ii) Deposit charges.--Charges in the
                            form of deposits for bedding or other similar
                            incidentals related to housing shall not be
                            levied upon workers by employers who provide
                            housing for their workers. An employer may
                            require a worker found to have been responsible
                            for damage to such housing which is not the
                            result of normal wear and tear related to
                            habitation to reimburse the employer for the
                            reasonable cost of repair of such damage.
                        ``(G) Housing allowance as alternative.--
                                ``(i) In general.--If the requirement set
                            out in clause (ii) is satisfied, the employer
                            may provide a reasonable housing allowance
                            instead of offering housing under subparagraph
                            (A). Upon the request of a worker seeking
                            assistance in locating housing, the employer
                            shall make a good faith effort to assist the
                            worker in identifying and locating housing in
                            the area of intended employment. An employer
                            who offers a housing allowance to a worker, or
                            assists a worker in locating housing which the
                            worker occupies, pursuant to this clause shall
                            not be deemed a housing provider under section
                            203 of the Migrant and Seasonal Agricultural
                            Worker Protection Act (29 U.S.C. 1823) solely
                            by virtue of providing such housing allowance.
                            No housing allowance may be used for housing
                            which is owned or controlled by the employer.
                                ``(ii) Certification.--The requirement of
                            this clause is satisfied if the Governor of the
                            State certifies to the Secretary of Labor that
                            there is adequate housing available in the area
                            of intended employment for migrant farm workers
                            and H-2A workers who are seeking temporary
                            housing while employed in agricultural work.
                            Such certification shall expire after 3 years
                            unless renewed by the Governor of the State.
                                ``(iii) Amount of allowance.--
                                        ``(I) Nonmetropolitan counties.--If
                                    the place of employment of the workers
                                    provided an allowance under this
                                    subparagraph is a nonmetropolitan
                                    county, the amount of the housing
                                    allowance under this subparagraph shall
                                    be equal to the statewide average fair
                                    market rental for existing housing for
                                    nonmetropolitan counties for the State,
                                    as established by the Secretary of
                                    Housing and Urban Development pursuant
                                    to section 8(c) of the United States
                                    Housing Act of 1937 (42 U.S.C.
                                    1437f(c)), based on a 2-bedroom
                                    dwelling unit and an assumption of 2
                                    persons per bedroom.
                                        ``(II) Metropolitan counties.--If
                                    the place of employment of the workers
                                    provided an allowance under this
                                    paragraph is in a metropolitan county,
                                    the amount of the housing allowance
                                    under this subparagraph shall be equal
                                    to the statewide average fair market
                                    rental for existing housing for
                                    metropolitan counties for the State, as
                                    established by the Secretary of Housing
                                    and Urban Development pursuant to
                                    section 8(c) of the United States
                                    Housing Act of 1937 (42 U.S.C.
                                    1437f(c)), based on a 2-bedroom
                                    dwelling unit and an assumption of 2
                                    persons per bedroom.
                ``(2) Reimbursement of transportation.--
                        ``(A) To place of employment.--A worker who
                    completes 50 percent of the period of employment of the
                    job opportunity for which the worker was hired shall be
                    reimbursed by the employer for the cost of the worker's
                    transportation and subsistence from the place from
                    which the worker came to work for the employer (or
                    place of last employment, if the worker traveled from
                    such place) to the place of employment.
                        ``(B) From place of employment.--A worker who
                    completes the period of employment for the job
                    opportunity involved shall be reimbursed by the
                    employer for the cost of the worker's transportation
                    and subsistence from the place of employment to the
                    place from which the worker, disregarding intervening
                    employment, came to work for the employer, or to the
                    place of next employment, if the worker has contracted
                    with a subsequent employer who has not agreed to
                    provide or pay for the worker's transportation and
                    subsistence to such subsequent employer's place of
                    employment.
                        ``(C) Limitation.--
                                ``(i) Amount of reimbursement.--Except as
                            provided in clause (ii), the amount of
                            reimbursement provided under subparagraph (A)
                            or (B) to a worker or alien shall not exceed
                            the lesser of--
                                        ``(I) the actual cost to the worker
                                    or alien of the transportation and
                                    subsistence involved; or
                                        ``(II) the most economical and
                                    reasonable common carrier
                                    transportation charges and subsistence
                                    costs for the distance involved.
                                ``(ii) Distance traveled.--No reimbursement
                            under subparagraph (A) or (B) shall be required
                            if the distance traveled is 100 miles or less,
                            or the worker is not residing in employer-
                            provided housing or housing secured through an
                            allowance as provided in paragraph (1)(G).
                        ``(D) Early termination.--If the worker is laid off
                    or employment is terminated for contract impossibility
                    (as described in paragraph (4)(D)) before the
                    anticipated ending date of employment, the employer
                    shall provide the transportation and subsistence
                    required by subparagraph (B) and, notwithstanding
                    whether the worker has completed 50 percent of the
                    period of employment, shall provide the transportation
                    reimbursement required by subparagraph (A).
                        ``(E) Transportation between living quarters and
                    worksite.--The employer shall provide transportation
                    between the worker's living quarters and the employer's
                    worksite without cost to the worker, and such
                    transportation will be in accordance with applicable
                    laws and regulations.
                ``(3) Required wages.--
                        ``(A) In general.--An employer applying for workers
                    under section 218(a) shall offer to pay, and shall pay,
                    all workers in the occupation for which the employer
                    has applied for workers, not less (and is not required
                    to pay more) than the greater of the prevailing wage in
                    the occupation in the area of intended employment or
                    the adverse effect wage rate. No worker shall be paid
                    less than the greater of the hourly wage prescribed
                    under section 6(a)(1) of the Fair Labor Standards Act
                    of 1938 (29 U.S.C. 206(a)(1)) or the applicable State
                    minimum wage.
                        ``(B) Limitation.--Effective on the date of the
                    enactment of the Agricultural Job Opportunities,
                    Benefits, and Security Act of 2009 and continuing for 3
                    years thereafter, no adverse effect wage rate for a
                    State may be more than the adverse effect wage rate for
                    that State in effect on January 1, 2009, as established
                    by section 655.107 of title 20, Code of Federal
                    Regulations.
                        ``(C) Required wages after 3-year freeze.--
                                ``(i) First adjustment.--If Congress does
                            not set a new wage standard applicable to this
                            section before the first March 1 that is not
                            less than 3 years after the date of enactment
                            of this section, the adverse effect wage rate
                            for each State beginning on such March 1 shall
                            be the wage rate that would have resulted if
                            the adverse effect wage rate in effect on
                            January 1, 2009, had been annually adjusted,
                            beginning on March 1, 2012, by the lesser of--
                                        ``(I) the 12-month percentage
                                    change in the Consumer Price Index for
                                    All Urban Consumers between December of
                                    the second preceding year and December
                                    of the preceding year; and
                                        ``(II) 4 percent.
                                ``(ii) Subsequent annual adjustments.--
                            Beginning on the first March 1 that is not less
                            than 4 years after the date of enactment of
                            this section, and each March 1 thereafter, the
                            adverse effect wage rate then in effect for
                            each State shall be adjusted by the lesser of--
                                        ``(I) the 12-month percentage
                                    change in the Consumer Price Index for
                                    All Urban Consumers between December of
                                    the second preceding year and December
                                    of the preceding year; and
                                        ``(II) 4 percent.
                        ``(D) Deductions.--The employer shall make only
                    those deductions from the worker's wages that are
                    authorized by law or are reasonable and customary in
                    the occupation and area of employment. The job offer
                    shall specify all deductions not required by law which
                    the employer will make from the worker's wages.
                        ``(E) Frequency of pay.--The employer shall pay the
                    worker not less frequently than twice monthly, or in
                    accordance with the prevailing practice in the area of
                    employment, whichever is more frequent.
                        ``(F) Hours and earnings statements.--The employer
                    shall furnish to the worker, on or before each payday,
                    in 1 or more written statements--
                                ``(i) the worker's total earnings for the
                            pay period;
                                ``(ii) the worker's hourly rate of pay,
                            piece rate of pay, or both;
                                ``(iii) the hours of employment which have
                            been offered to the worker (broken out by hours
                            offered in accordance with and over and above
                            the \3/4\ guarantee described in paragraph (4);
                                ``(iv) the hours actually worked by the
                            worker;
                                ``(v) an itemization of the deductions made
                            from the worker's wages; and
                                ``(vi) if piece rates of pay are used, the
                            units produced daily.
                        ``(G) Report on wage protections.--Not later than
                    December 31, 2011, the Comptroller General of the
                    United States shall prepare and transmit to the
                    Secretary of Labor, the Committee on the Judiciary of
                    the Senate, and Committee on the Judiciary of the House
                    of Representatives, a report that addresses--
                                ``(i) whether the employment of H-2A or
                            unauthorized aliens in the United States
                            agricultural workforce has depressed United
                            States farm worker wages below the levels that
                            would otherwise have prevailed if alien farm
                            workers had not been employed in the United
                            States;
                                ``(ii) whether an adverse effect wage rate
                            is necessary to prevent wages of United States
                            farm workers in occupations in which H-2A
                            workers are employed from falling below the
                            wage levels that would have prevailed in the
                            absence of the employment of H-2A workers in
                            those occupations;
                                ``(iii) whether alternative wage standards,
                            such as a prevailing wage standard, would be
                            sufficient to prevent wages in occupations in
                            which H-2A workers are employed from falling
                            below the wage level that would have prevailed
                            in the absence of H-2A employment;
                                ``(iv) whether any changes are warranted in
                            the current methodologies for calculating the
                            adverse effect wage rate and the prevailing
                            wage; and
                                ``(v) recommendations for future wage
                            protection under this section.
                        ``(H) Commission on wage standards.--
                                ``(i) Establishment.--There is established
                            the Commission on Agricultural Wage Standards
                            under the H-2A program (in this subparagraph
                            referred to as the `Commission').
                                ``(ii) Composition.--The Commission shall
                            consist of 10 members as follows:
                                        ``(I) Four representatives of
                                    agricultural employers and 1
                                    representative of the Department of
                                    Agriculture, each appointed by the
                                    Secretary of Agriculture.
                                        ``(II) Four representatives of
                                    agricultural workers and 1
                                    representative of the Department of
                                    Labor, each appointed by the Secretary
                                    of Labor.
                                ``(iii) Functions.--The Commission shall
                            conduct a study that shall address--
                                        ``(I) whether the employment of H-
                                    2A or unauthorized aliens in the United
                                    States agricultural workforce has
                                    depressed United States farm worker
                                    wages below the levels that would
                                    otherwise have prevailed if alien farm
                                    workers had not been employed in the
                                    United States;
                                        ``(II) whether an adverse effect
                                    wage rate is necessary to prevent wages
                                    of United States farm workers in
                                    occupations in which H-2A workers are
                                    employed from falling below the wage
                                    levels that would have prevailed in the
                                    absence of the employment of H-2A
                                    workers in those occupations;
                                        ``(III) whether alternative wage
                                    standards, such as a prevailing wage
                                    standard, would be sufficient to
                                    prevent wages in occupations in which
                                    H-2A workers are employed from falling
                                    below the wage level that would have
                                    prevailed in the absence of H-2A
                                    employment;
                                        ``(IV) whether any changes are
                                    warranted in the current methodologies
                                    for calculating the adverse effect wage
                                    rate and the prevailing wage rate; and
                                        ``(V) recommendations for future
                                    wage protection under this section.
                                ``(iv) Final report.--Not later than
                            December 31, 2011, the Commission shall submit
                            a report to the Congress setting forth the
                            findings of the study conducted under clause
                            (iii).
                                ``(v) Termination date.--The Commission
                            shall terminate upon submitting its final
                            report.
                ``(4) Guarantee of employment.--
                        ``(A) Offer to worker.--The employer shall
                    guarantee to offer the worker employment for the hourly
                    equivalent of at least \3/4\ of the work days of the
                    total period of employment, beginning with the first
                    work day after the arrival of the worker at the place
                    of employment and ending on the expiration date
                    specified in the job offer. For purposes of this
                    subparagraph, the hourly equivalent means the number of
                    hours in the work days as stated in the job offer and
                    shall exclude the worker's Sabbath and Federal
                    holidays. If the employer affords the United States or
                    H-2A worker less employment than that required under
                    this paragraph, the employer shall pay such worker the
                    amount which the worker would have earned had the
                    worker, in fact, worked for the guaranteed number of
                    hours.
                        ``(B) Failure to work.--Any hours which the worker
                    fails to work, up to a maximum of the number of hours
                    specified in the job offer for a work day, when the
                    worker has been offered an opportunity to do so, and
                    all hours of work actually performed (including
                    voluntary work in excess of the number of hours
                    specified in the job offer in a work day, on the
                    worker's Sabbath, or on Federal holidays) may be
                    counted by the employer in calculating whether the
                    period of guaranteed employment has been met.
                        ``(C) Abandonment of employment, termination for
                    cause.--If the worker voluntarily abandons employment
                    before the end of the contract period, or is terminated
                    for cause, the worker is not entitled to the `\3/4\
                    guarantee' described in subparagraph (A).
                        ``(D) Contract impossibility.--If, before the
                    expiration of the period of employment specified in the
                    job offer, the services of the worker are no longer
                    required for reasons beyond the control of the employer
                    due to any form of natural disaster, including a flood,
                    hurricane, freeze, earthquake, fire, drought, plant or
                    animal disease or pest infestation, or regulatory
                    drought, before the guarantee in subparagraph (A) is
                    fulfilled, the employer may terminate the worker's
                    employment. In the event of such termination, the
                    employer shall fulfill the employment guarantee in
                    subparagraph (A) for the work days that have elapsed
                    from the first work day after the arrival of the worker
                    to the termination of employment. In such cases, the
                    employer will make efforts to transfer the United
                    States worker to other comparable employment acceptable
                    to the worker. If such transfer is not effected, the
                    employer shall provide the return transportation
                    required in paragraph (2)(D).
                ``(5) Motor vehicle safety.--
                        ``(A) Mode of transportation subject to coverage.--
                                ``(i) In general.--Except as provided in
                            clauses (iii) and (iv), this subsection applies
                            to any H-2A employer that uses or causes to be
                            used any vehicle to transport an H-2A worker
                            within the United States.
                                ``(ii) Defined term.--In this paragraph,
                            the term `uses or causes to be used'--
                                        ``(I) applies only to
                                    transportation provided by an H-2A
                                    employer to an H-2A worker, or by a
                                    farm labor contractor to an H-2A worker
                                    at the request or direction of an H-2A
                                    employer; and
                                        ``(II) does not apply to--
                                                ``(aa) transportation
                                            provided, or transportation
                                            arrangements made, by an H-2A
                                            worker, unless the employer
                                            specifically requested or
                                            arranged such transportation;
                                            or
                                                ``(bb) car pooling
                                            arrangements made by H-2A
                                            workers themselves, using 1 of
                                            the workers' own vehicles,
                                            unless specifically requested
                                            by the employer directly or
                                            through a farm labor
                                            contractor.
                                ``(iii) Clarification.--Providing a job
                            offer to an H-2A worker that causes the worker
                            to travel to or from the place of employment,
                            or the payment or reimbursement of the
                            transportation costs of an H-2A worker by an H-
                            2A employer, shall not constitute an
                            arrangement of, or participation in, such
                            transportation.
                                ``(iv) Agricultural machinery and equipment
                            excluded.--This subsection does not apply to
                            the transportation of an H-2A worker on a
                            tractor, combine, harvester, picker, or other
                            similar machinery or equipment while such
                            worker is actually engaged in the planting,
                            cultivating, or harvesting of agricultural
                            commodities or the care of livestock or poultry
                            or engaged in transportation incidental
                            thereto.
                                ``(v) Common carriers excluded.--This
                            subsection does not apply to common carrier
                            motor vehicle transportation in which the
                            provider holds itself out to the general public
                            as engaging in the transportation of passengers
                            for hire and holds a valid certification of
                            authorization for such purposes from an
                            appropriate Federal, State, or local agency.
                        ``(B) Applicability of standards, licensing, and
                    insurance requirements.--
                                ``(i) In general.--When using, or causing
                            to be used, any vehicle for the purpose of
                            providing transportation to which this
                            subparagraph applies, each employer shall--
                                        ``(I) ensure that each such vehicle
                                    conforms to the standards prescribed by
                                    the Secretary of Labor under section
                                    401(b) of the Migrant and Seasonal
                                    Agricultural Worker Protection Act (29
                                    U.S.C. 1841(b)) and other applicable
                                    Federal and State safety standards;
                                        ``(II) ensure that each driver has
                                    a valid and appropriate license, as
                                    provided by State law, to operate the
                                    vehicle; and
                                        ``(III) have an insurance policy or
                                    a liability bond that is in effect
                                    which insures the employer against
                                    liability for damage to persons or
                                    property arising from the ownership,
                                    operation, or causing to be operated,
                                    of any vehicle used to transport any H-
                                    2A worker.
                                ``(ii) Amount of insurance required.--The
                            level of insurance required shall be determined
                            by the Secretary of Labor pursuant to
                            regulations to be issued under this subsection.
                                ``(iii) Effect of workers' compensation
                            coverage.--If the employer of any H-2A worker
                            provides workers' compensation coverage for
                            such worker in the case of bodily injury or
                            death as provided by State law, the following
                            adjustments in the requirements of subparagraph
                            (B)(i)(III) relating to having an insurance
                            policy or liability bond apply:
                                        ``(I) No insurance policy or
                                    liability bond shall be required of the
                                    employer, if such workers are
                                    transported only under circumstances
                                    for which there is coverage under such
                                    State law.
                                        ``(II) An insurance policy or
                                    liability bond shall be required of the
                                    employer for circumstances under which
                                    coverage for the transportation of such
                                    workers is not provided under such
                                    State law.
        ``(c) Compliance With Labor Laws.--An employer shall assure that,
    except as otherwise provided in this section, the employer will comply
    with all applicable Federal, State, and local labor laws, including
    laws affecting migrant and seasonal agricultural workers, with respect
    to all United States workers and alien workers employed by the
    employer, except that a violation of this assurance shall not
    constitute a violation of the Migrant and Seasonal Agricultural Worker
    Protection Act (29 U.S.C. 1801 et seq.).
        ``(d) Copy of Job Offer.--The employer shall provide to the worker,
    not later than the day the work commences, a copy of the employer's
    application and job offer described in section 218(a), or, if the
    employer will require the worker to enter into a separate employment
    contract covering the employment in question, such separate employment
    contract.
        ``(e) Range Production of Livestock.--Nothing in this section,
    section 218, or section 218B shall preclude the Secretary of Labor and
    the Secretary from continuing to apply special procedures and
    requirements to the admission and employment of aliens in occupations
    involving the range production of livestock.

    ``SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A
                  WORKERS.

        ``(a) Petitioning for Admission.--An employer, or an association
    acting as an agent or joint employer for its members, that seeks the
    admission into the United States of an H-2A worker may file a petition
    with the Secretary. The petition shall be accompanied by an accepted
    and currently valid certification provided by the Secretary of Labor
    under section 218(e)(2)(B) covering the petitioner.
        ``(b) Expedited Adjudication by the Secretary.--The Secretary shall
    establish a procedure for expedited adjudication of petitions filed
    under subsection (a) and within 7 working days shall, by fax, cable, or
    other means assuring expedited delivery, transmit a copy of notice of
    action on the petition to the petitioner and, in the case of approved
    petitions, to the appropriate immigration officer at the port of entry
    or United States consulate (as the case may be) where the petitioner
    has indicated that the alien beneficiary (or beneficiaries) will apply
    for a visa or admission to the United States.
        ``(c) Criteria for Admissibility.--
                ``(1) In general.--An H-2A worker shall be considered
            admissible to the United States if the alien is otherwise
            admissible under this section, section 218, and section 218A,
            and the alien is not ineligible under paragraph (2).
                ``(2) Disqualification.--An alien shall be considered
            inadmissible to the United States and ineligible for
            nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the
            alien has, at any time during the past 5 years--
                        ``(A) violated a material provision of this
                    section, including the requirement to promptly depart
                    the United States when the alien's authorized period of
                    admission under this section has expired; or
                        ``(B) otherwise violated a term or condition of
                    admission into the United States as a nonimmigrant,
                    including overstaying the period of authorized
                    admission as such a nonimmigrant.
                ``(3) Waiver of ineligibility for unlawful presence.--
                        ``(A) In general.--An alien who has not previously
                    been admitted into the United States pursuant to this
                    section, and who is otherwise eligible for admission in
                    accordance with paragraphs (1) and (2), shall not be
                    deemed inadmissible by virtue of section 212(a)(9)(B).
                    If an alien described in the preceding sentence is
                    present in the United States, the alien may apply from
                    abroad for H-2A status, but may not be granted that
                    status in the United States.
                        ``(B) Maintenance of waiver.--An alien provided an
                    initial waiver of ineligibility pursuant to
                    subparagraph (A) shall remain eligible for such waiver
                    unless the alien violates the terms of this section or
                    again becomes ineligible under section 212(a)(9)(B) by
                    virtue of unlawful presence in the United States after
                    the date of the initial waiver of ineligibility
                    pursuant to subparagraph (A).
        ``(d) Period of Admission.--
                ``(1) In general.--The alien shall be admitted for the
            period of employment in the application certified by the
            Secretary of Labor pursuant to section 218(e)(2)(B), not to
            exceed 10 months, supplemented by a period of not more than 1
            week before the beginning of the period of employment for the
            purpose of travel to the worksite and a period of 14 days
            following the period of employment for the purpose of departure
            or extension based on a subsequent offer of employment, except
            that--
                        ``(A) the alien is not authorized to be employed
                    during such 14-day period except in the employment for
                    which the alien was previously authorized; and
                        ``(B) the total period of employment, including
                    such 14-day period, may not exceed 10 months.
                ``(2) Construction.--Nothing in this subsection shall limit
            the authority of the Secretary to extend the stay of the alien
            under any other provision of this Act.
        ``(e) Abandonment of Employment.--
                ``(1) In general.--An alien admitted or provided status
            under section 101(a)(15)(H)(ii)(a) who abandons the employment
            which was the basis for such admission or status shall be
            considered to have failed to maintain nonimmigrant status as an
            H-2A worker and shall depart the United States or be subject to
            removal under section 237(a)(1)(C)(i).
                ``(2) Report by employer.--The employer, or association
            acting as agent for the employer, shall notify the Secretary
            not later than 7 days after an H-2A worker prematurely abandons
            employment.
                ``(3) Removal by the secretary.--The Secretary shall
            promptly remove from the United States any H-2A worker who
            violates any term or condition of the worker's nonimmigrant
            status.
                ``(4) Voluntary termination.--Notwithstanding paragraph
            (1), an alien may voluntarily terminate his or her employment
            if the alien promptly departs the United States upon
            termination of such employment.
        ``(f) Replacement of Alien.--
                ``(1) In general.--Upon presentation of the notice to the
            Secretary required by subsection (e)(2), the Secretary of State
            shall promptly issue a visa to, and the Secretary shall admit
            into the United States, an eligible alien designated by the
            employer to replace an H-2A worker--
                        ``(A) who abandons or prematurely terminates
                    employment; or
                        ``(B) whose employment is terminated after a United
                    States worker is employed pursuant to section
                    218(b)(2)(H)(iii), if the United States worker
                    voluntarily departs before the end of the period of
                    intended employment or if the employment termination is
                    for a lawful job-related reason.
                ``(2) Construction.--Nothing in this subsection is intended
            to limit any preference required to be accorded United States
            workers under any other provision of this Act.
        ``(g) Identification Document.--
                ``(1) In general.--Each alien authorized to be admitted
            under section 101(a)(15)(H)(ii)(a) shall be provided an
            identification and employment eligibility document to verify
            eligibility for employment in the United States and verify the
            alien's identity.
                ``(2) Requirements.--No identification and employment
            eligibility document may be issued which does not meet the
            following requirements:
                        ``(A) The document shall be capable of reliably
                    determining whether--
                                ``(i) the individual with the
                            identification and employment eligibility
                            document whose eligibility is being verified is
                            in fact eligible for employment;
                                ``(ii) the individual whose eligibility is
                            being verified is claiming the identity of
                            another person; and
                                ``(iii) the individual whose eligibility is
                            being verified is authorized to be admitted
                            into, and employed in, the United States as an
                            H-2A worker.
                        ``(B) The document shall be in a form that is
                    resistant to counterfeiting and to tampering.
                        ``(C) The document shall--
                                ``(i) be compatible with other databases of
                            the Secretary for the purpose of excluding
                            aliens from benefits for which they are not
                            eligible and determining whether the alien is
                            unlawfully present in the United States; and
                                ``(ii) be compatible with law enforcement
                            databases to determine if the alien has been
                            convicted of criminal offenses.
        ``(h) Extension of Stay of H-2A Aliens in the United States.--
                ``(1) Extension of stay.--If an employer seeks approval to
            employ an H-2A alien who is lawfully present in the United
            States, the petition filed by the employer or an association
            pursuant to subsection (a), shall request an extension of the
            alien's stay and a change in the alien's employment.
                ``(2) Limitation on filing a petition for extension of
            stay.--A petition may not be filed for an extension of an
            alien's stay--
                        ``(A) for a period of more than 10 months; or
                        ``(B) to a date that is more than 3 years after the
                    date of the alien's last admission to the United States
                    under this section.
                ``(3) Work authorization upon filing a petition for
            extension of stay.--
                        ``(A) In general.--An alien who is lawfully present
                    in the United States may commence the employment
                    described in a petition under paragraph (1) on the date
                    on which the petition is filed.
                        ``(B) Definition.--For purposes of subparagraph
                    (A), the term `file' means sending the petition by
                    certified mail via the United States Postal Service,
                    return receipt requested, or delivered by guaranteed
                    commercial delivery which will provide the employer
                    with a documented acknowledgment of the date of receipt
                    of the petition.
                        ``(C) Handling of petition.--The employer shall
                    provide a copy of the employer's petition to the alien,
                    who shall keep the petition with the alien's
                    identification and employment eligibility document as
                    evidence that the petition has been filed and that the
                    alien is authorized to work in the United States.
                        ``(D) Approval of petition.--Upon approval of a
                    petition for an extension of stay or change in the
                    alien's authorized employment, the Secretary shall
                    provide a new or updated employment eligibility
                    document to the alien indicating the new validity date,
                    after which the alien is not required to retain a copy
                    of the petition.
                ``(4) Limitation on employment authorization of aliens
            without valid identification and employment eligibility
            document.--An expired identification and employment eligibility
            document, together with a copy of a petition for extension of
            stay or change in the alien's authorized employment that
            complies with the requirements of paragraph (1), shall
            constitute a valid work authorization document for a period of
            not more than 60 days beginning on the date on which such
            petition is filed, after which time only a currently valid
            identification and employment eligibility document shall be
            acceptable.
                ``(5) Limitation on an individual's stay in status.--
                        ``(A) Maximum period.--The maximum continuous
                    period of authorized status as an H-2A worker
                    (including any extensions) is 3 years.
                        ``(B) Requirement to remain outside the united
                    states.--
                                ``(i) In general.--Subject to clause (ii),
                            in the case of an alien outside the United
                            States whose period of authorized status as an
                            H-2A worker (including any extensions) has
                            expired, the alien may not again apply for
                            admission to the United States as an H-2A
                            worker unless the alien has remained outside
                            the United States for a continuous period equal
                            to at least \1/5\ the duration of the alien's
                            previous period of authorized status as an H-2A
                            worker (including any extensions).
                                ``(ii) Exception.--Clause (i) shall not
                            apply in the case of an alien if the alien's
                            period of authorized status as an H-2A worker
                            (including any extensions) was for a period of
                            not more than 10 months and such alien has been
                            outside the United States for at least 2 months
                            during the 12 months preceding the date the
                            alien again is applying for admission to the
                            United States as an H-2A worker.
        ``(i) Special Rules for Aliens Employed as Sheepherders, Goat
    Herders, or Dairy Workers.--Notwithstanding any provision of the
    Agricultural Job Opportunities, Benefits, and Security Act of 2009, an
    alien admitted under section 101(a)(15)(H)(ii)(a) for employment as a
    sheepherder, goat herder, or dairy worker--
                ``(1) may be admitted for an initial period of 12 months;
                ``(2) subject to subsection (j)(5), may have such initial
            period of admission extended for a period of up to 3 years; and
                ``(3) shall not be subject to the requirements of
            subsection (h)(5) (relating to periods of absence from the
            United States).
        ``(j) Adjustment to Lawful Permanent Resident Status for Aliens
    Employed as Sheepherders, Goat Herders, or Dairy Workers.--
                ``(1) Eligible alien.--For purposes of this subsection, the
            term `eligible alien' means an alien--
                        ``(A) having nonimmigrant status under section
                    101(a)(15)(H)(ii)(a) based on employment as a
                    sheepherder, goat herder, or dairy worker;
                        ``(B) who has maintained such nonimmigrant status
                    in the United States for a cumulative total of 36
                    months (excluding any period of absence from the United
                    States); and
                        ``(C) who is seeking to receive an immigrant visa
                    under section 203(b)(3)(A)(iii).
                ``(2) Classification petition.--In the case of an eligible
            alien, the petition under section 204 for classification under
            section 203(b)(3)(A)(iii) may be filed by--
                        ``(A) the alien's employer on behalf of the
                    eligible alien; or
                        ``(B) the eligible alien.
                ``(3) No labor certification required.--Notwithstanding
            section 203(b)(3)(C), no determination under section
            212(a)(5)(A) is required with respect to an immigrant visa
            described in paragraph (1)(C) for an eligible alien.
                ``(4) Effect of petition.--The filing of a petition
            described in paragraph (2) or an application for adjustment of
            status based on the approval of such a petition shall not
            constitute evidence of an alien's ineligibility for
            nonimmigrant status under section 101(a)(15)(H)(ii)(a).
                ``(5) Extension of stay.--The Secretary shall extend the
            stay of an eligible alien having a pending or approved
            classification petition described in paragraph (2) in 1-year
            increments until a final determination is made on the alien's
            eligibility for adjustment of status to that of an alien
            lawfully admitted for permanent residence.
                ``(6) Construction.--Nothing in this subsection shall be
            construed to prevent an eligible alien from seeking adjustment
            of status in accordance with any other provision of law.

    ``SEC. 218C. WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.

        ``(a) Enforcement Authority.--
                ``(1) Investigation of complaints.--
                        ``(A) Aggrieved person or third-party complaints.--
                    The Secretary of Labor shall establish a process for
                    the receipt, investigation, and disposition of
                    complaints respecting a petitioner's failure to meet a
                    condition specified in section 218(b), or an employer's
                    misrepresentation of material facts in an application
                    under section 218(a). Complaints may be filed by any
                    aggrieved person or organization (including bargaining
                    representatives). No investigation or hearing shall be
                    conducted on a complaint concerning such a failure or
                    misrepresentation unless the complaint was filed not
                    later than 12 months after the date of the failure, or
                    misrepresentation, respectively. The Secretary of Labor
                    shall conduct an investigation under this subparagraph
                    if there is reasonable cause to believe that such a
                    failure or misrepresentation has occurred.
                        ``(B) Determination on complaint.--Under such
                    process, the Secretary of Labor shall provide, within
                    30 days after the date such a complaint is filed, for a
                    determination as to whether or not a reasonable basis
                    exists to make a finding described in subparagraph (C),
                    (D), (E), or (G). If the Secretary of Labor determines
                    that such a reasonable basis exists, the Secretary of
                    Labor shall provide for notice of such determination to
                    the interested parties and an opportunity for a hearing
                    on the complaint, in accordance with section 556 of
                    title 5, United States Code, within 60 days after the
                    date of the determination. If such a hearing is
                    requested, the Secretary of Labor shall make a finding
                    concerning the matter not later than 60 days after the
                    date of the hearing. In the case of similar complaints
                    respecting the same applicant, the Secretary of Labor
                    may consolidate the hearings under this subparagraph on
                    such complaints.
                        ``(C) Failures to meet conditions.--If the
                    Secretary of Labor finds, after notice and opportunity
                    for a hearing, a failure to meet a condition of
                    paragraph (1)(A), (1)(B), (1)(D), (1)(F), (2)(A),
                    (2)(B), or (2)(G) of section 218(b), a substantial
                    failure to meet a condition of paragraph (1)(C),
                    (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section
                    218(b), or a material misrepresentation of fact in an
                    application under section 218(a)--
                                ``(i) the Secretary of Labor shall notify
                            the Secretary of such finding and may, in
                            addition, impose such other administrative
                            remedies (including civil money penalties in an
                            amount not to exceed $1,000 per violation) as
                            the Secretary of Labor determines to be
                            appropriate; and
                                ``(ii) the Secretary may disqualify the
                            employer from the employment of aliens
                            described in section 101(a)(15)(H)(ii)(a) for a
                            period of 1 year.
                        ``(D) Willful failures and willful
                    misrepresentations.--If the Secretary of Labor finds,
                    after notice and opportunity for hearing, a willful
                    failure to meet a condition of section 218(b), a
                    willful misrepresentation of a material fact in an
                    application under section 218(a), or a violation of
                    subsection (d)(1)--
                                ``(i) the Secretary of Labor shall notify
                            the Secretary of such finding and may, in
                            addition, impose such other administrative
                            remedies (including civil money penalties in an
                            amount not to exceed $5,000 per violation) as
                            the Secretary of Labor determines to be
                            appropriate;
                                ``(ii) the Secretary of Labor may seek
                            appropriate legal or equitable relief to
                            effectuate the purposes of subsection (d)(1);
                            and
                                ``(iii) the Secretary may disqualify the
                            employer from the employment of H-2A workers
                            for a period of 2 years.
                        ``(E) Displacement of united states workers.--If
                    the Secretary of Labor finds, after notice and
                    opportunity for hearing, a willful failure to meet a
                    condition of section 218(b) or a willful
                    misrepresentation of a material fact in an application
                    under section 218(a), in the course of which failure or
                    misrepresentation the employer displaced a United
                    States worker employed by the employer during the
                    period of employment on the employer's application
                    under section 218(a) or during the period of 30 days
                    preceding such period of employment--
                                ``(i) the Secretary of Labor shall notify
                            the Secretary of such finding and may, in
                            addition, impose such other administrative
                            remedies (including civil money penalties in an
                            amount not to exceed $15,000 per violation) as
                            the Secretary of Labor determines to be
                            appropriate; and
                                ``(ii) the Secretary may disqualify the
                            employer from the employment of H-2A workers
                            for a period of 3 years.
                        ``(F) Limitations on civil money penalties.--The
                    Secretary of Labor shall not impose total civil money
                    penalties with respect to an application under section
                    218(a) in excess of $90,000.
                        ``(G) Failures to pay wages or required benefits.--
                    If the Secretary of Labor finds, after notice and
                    opportunity for a hearing, that the employer has failed
                    to pay the wages, or provide the housing allowance,
                    transportation, subsistence reimbursement, or guarantee
                    of employment, required under section 218A(b), the
                    Secretary of Labor shall assess payment of back wages,
                    or other required benefits, due any United States
                    worker or H-2A worker employed by the employer in the
                    specific employment in question. The back wages or
                    other required benefits under section 218A(b) shall be
                    equal to the difference between the amount that should
                    have been paid and the amount that actually was paid to
                    such worker.
                ``(2) Statutory construction.--Nothing in this section
            shall be construed as limiting the authority of the Secretary
            of Labor to conduct any compliance investigation under any
            other labor law, including any law affecting migrant and
            seasonal agricultural workers, or, in the absence of a
            complaint under this section, under section 218 or 218A.
        ``(b) Rights Enforceable by Private Right of Action.--H-2A workers
    may enforce the following rights through the private right of action
    provided in subsection (c), and no other right of action shall exist
    under Federal or State law to enforce such rights:
                ``(1) The providing of housing or a housing allowance as
            required under section 218A(b)(1).
                ``(2) The reimbursement of transportation as required under
            section 218A(b)(2).
                ``(3) The payment of wages required under section
            218A(b)(3) when due.
                ``(4) The benefits and material terms and conditions of
            employment expressly provided in the job offer described in
            section 218(a)(2), not including the assurance to comply with
            other Federal, State, and local labor laws described in section
            218A(c), compliance with which shall be governed by the
            provisions of such laws.
                ``(5) The guarantee of employment required under section
            218A(b)(4).
                ``(6) The motor vehicle safety requirements under section
            218A(b)(5).
                ``(7) The prohibition of discrimination under subsection
            (d)(2).
        ``(c) Private Right of Action.--
                ``(1) Mediation.--Upon the filing of a complaint by an H-2A
            worker aggrieved by a violation of rights enforceable under
            subsection (b), and within 60 days of the filing of proof of
            service of the complaint, a party to the action may file a
            request with the Federal Mediation and Conciliation Service to
            assist the parties in reaching a satisfactory resolution of all
            issues involving all parties to the dispute. Upon a filing of
            such request and giving of notice to the parties, the parties
            shall attempt mediation within the period specified in
            subparagraph (B).
                        ``(A) Mediation services.--The Federal Mediation
                    and Conciliation Service shall be available to assist
                    in resolving disputes arising under subsection (b)
                    between H-2A workers and agricultural employers without
                    charge to the parties.
                        ``(B) 90-day limit.--The Federal Mediation and
                    Conciliation Service may conduct mediation or other
                    nonbinding dispute resolution activities for a period
                    not to exceed 90 days beginning on the date on which
                    the Federal Mediation and Conciliation Service receives
                    the request for assistance unless the parties agree to
                    an extension of this period of time.
                        ``(C) Authorization.--
                                ``(i) In general.--Subject to clause (ii),
                            there are authorized to be appropriated to the
                            Federal Mediation and Conciliation Service
                            $500,000 for each fiscal year to carry out this
                            section.
                                ``(ii) Mediation.--Notwithstanding any
                            other provision of law, the Director of the
                            Federal Mediation and Conciliation Service is
                            authorized to conduct the mediation or other
                            dispute resolution activities from any other
                            appropriated funds available to the Director
                            and to reimburse such appropriated funds when
                            the funds are appropriated pursuant to this
                            authorization, such reimbursement to be
                            credited to appropriations currently available
                            at the time of receipt.
                ``(2) Maintenance of civil action in district court by
            aggrieved person.--An H-2A worker aggrieved by a violation of
            rights enforceable under subsection (b) by an agricultural
            employer or other person may file suit in any district court of
            the United States having jurisdiction over the parties, without
            regard to the amount in controversy, without regard to the
            citizenship of the parties, and without regard to the
            exhaustion of any alternative administrative remedies under
            this Act, not later than 3 years after the date the violation
            occurs.
                ``(3) Election.--An H-2A worker who has filed an
            administrative complaint with the Secretary of Labor may not
            maintain a civil action under paragraph (2) unless a complaint
            based on the same violation filed with the Secretary of Labor
            under subsection (a)(1) is withdrawn before the filing of such
            action, in which case the rights and remedies available under
            this subsection shall be exclusive.
                ``(4) Preemption of state contract rights.--Nothing in this
            Act shall be construed to diminish the rights and remedies of
            an H-2A worker under any other Federal or State law or
            regulation or under any collective bargaining agreement, except
            that no court or administrative action shall be available under
            any State contract law to enforce the rights created by this
            Act.
                ``(5) Waiver of rights prohibited.--Agreements by employees
            purporting to waive or modify their rights under this Act shall
            be void as contrary to public policy, except that a waiver or
            modification of the rights or obligations in favor of the
            Secretary of Labor shall be valid for purposes of the
            enforcement of this Act. The preceding sentence may not be
            construed to prohibit agreements to settle private disputes or
            litigation.
                ``(6) Award of damages or other equitable relief.--
                        ``(A) If the court finds that the respondent has
                    intentionally violated any of the rights enforceable
                    under subsection (b), it shall award actual damages, if
                    any, or equitable relief.
                        ``(B) Any civil action brought under this section
                    shall be subject to appeal as provided in chapter 83 of
                    title 28, United States Code.
                ``(7) Workers' compensation benefits; exclusive remedy.--
                        ``(A) Notwithstanding any other provision of this
                    section, where a State's workers' compensation law is
                    applicable and coverage is provided for an H-2A worker,
                    the workers' compensation benefits shall be the
                    exclusive remedy for the loss of such worker under this
                    section in the case of bodily injury or death in
                    accordance with such State's workers' compensation law.
                        ``(B) The exclusive remedy prescribed in
                    subparagraph (A) precludes the recovery under paragraph
                    (6) of actual damages for loss from an injury or death
                    but does not preclude other equitable relief, except
                    that such relief shall not include back or front pay or
                    in any manner, directly or indirectly, expand or
                    otherwise alter or affect--
                                ``(i) a recovery under a State workers'
                            compensation law; or
                                ``(ii) rights conferred under a State
                            workers' compensation law.
                ``(8) Tolling of statute of limitations.--If it is
            determined under a State workers' compensation law that the
            workers' compensation law is not applicable to a claim for
            bodily injury or death of an H-2A worker, the statute of
            limitations for bringing an action for actual damages for such
            injury or death under subsection (c) shall be tolled for the
            period during which the claim for such injury or death under
            such State workers' compensation law was pending. The statute
            of limitations for an action for actual damages or other
            equitable relief arising out of the same transaction or
            occurrence as the injury or death of the H-2A worker shall be
            tolled for the period during which the claim for such injury or
            death was pending under the State workers' compensation law.
                ``(9) Preclusive effect.--Any settlement by an H-2A worker
            and an H-2A employer or any person reached through the
            mediation process required under subsection (c)(1) shall
            preclude any right of action arising out of the same facts
            between the parties in any Federal or State court or
            administrative proceeding, unless specifically provided
            otherwise in the settlement agreement.
                ``(10) Settlements.--Any settlement by the Secretary of
            Labor with an H-2A employer on behalf of an H-2A worker of a
            complaint filed with the Secretary of Labor under this section
            or any finding by the Secretary of Labor under subsection
            (a)(1)(B) shall preclude any right of action arising out of the
            same facts between the parties under any Federal or State court
            or administrative proceeding, unless specifically provided
            otherwise in the settlement agreement.
        ``(d) Discrimination Prohibited.--
                ``(1) In general.--It is a violation of this subsection for
            any person who has filed an application under section 218(a),
            to intimidate, threaten, restrain, coerce, blacklist,
            discharge, or in any other manner discriminate against an
            employee (which term, for purposes of this subsection, includes
            a former employee and an applicant for employment) because the
            employee has disclosed information to the employer, or to any
            other person, that the employee reasonably believes evidences a
            violation of section 218 or 218A or any rule or regulation
            pertaining to section 218 or 218A, or because the employee
            cooperates or seeks to cooperate in an investigation or other
            proceeding concerning the employer's compliance with the
            requirements of section 218 or 218A or any rule or regulation
            pertaining to either of such sections.
                ``(2) Discrimination against h-2a workers.--It is a
            violation of this subsection for any person who has filed an
            application under section 218(a), to intimidate, threaten,
            restrain, coerce, blacklist, discharge, or in any manner
            discriminate against an H-2A employee because such worker has,
            with just cause, filed a complaint with the Secretary of Labor
            regarding a denial of the rights enumerated and enforceable
            under subsection (b) or instituted, or caused to be instituted,
            a private right of action under subsection (c) regarding the
            denial of the rights enumerated under subsection (b), or has
            testified or is about to testify in any court proceeding
            brought under subsection (c).
        ``(e) Authorization To Seek Other Appropriate Employment.--The
    Secretary of Labor and the Secretary shall establish a process under
    which an H-2A worker who files a complaint regarding a violation of
    subsection (d) and is otherwise eligible to remain and work in the
    United States may be allowed to seek other appropriate employment in
    the United States for a period not to exceed the maximum period of stay
    authorized for such nonimmigrant classification.
        ``(f) Role of Associations.--
                ``(1) Violation by a member of an association.--An employer
            on whose behalf an application is filed by an association
            acting as its agent is fully responsible for such application,
            and for complying with the terms and conditions of sections 218
            and 218A, as though the employer had filed the application
            itself. If such an employer is determined, under this section,
            to have committed a violation, the penalty for such violation
            shall apply only to that member of the association unless the
            Secretary of Labor determines that the association or other
            member participated in, had knowledge, or reason to know, of
            the violation, in which case the penalty shall be invoked
            against the association or other association member as well.
                ``(2) Violations by an association acting as an employer.--
            If an association filing an application as a sole or joint
            employer is determined to have committed a violation under this
            section, the penalty for such violation shall apply only to the
            association unless the Secretary of Labor determines that an
            association member or members participated in or had knowledge,
            or reason to know of the violation, in which case the penalty
            shall be invoked against the association member or members as
            well.

    ``SEC. 218D. DEFINITIONS.

        ``For purposes of this section and section 218, 218A, 218B, and
    218C:
                ``(1) Agricultural employment.--The term `agricultural
            employment' means any service or activity that is considered to
            be agricultural under section 3(f) of the Fair Labor Standards
            Act of 1938 (29 U.S.C. 203(f)) or agricultural labor under
            section 3121(g) of the Internal Revenue Code of 1986 or the
            performance of agricultural labor or services described in
            section 101(a)(15)(H)(ii)(a).
                ``(2) Bona fide union.--The term `bona fide union' means
            any organization in which employees participate and which
            exists for the purpose of dealing with employers concerning
            grievances, labor disputes, wages, rates of pay, hours of
            employment, or other terms and conditions of work for
            agricultural employees. Such term does not include an
            organization formed, created, administered, supported,
            dominated, financed, or controlled by an employer or employer
            association or its agents or representatives.
                ``(3) Displace.--The term `displace', in the case of an
            application with respect to 1 or more H-2A workers by an
            employer, means laying off a United States worker from a job
            for which the H-2A worker or workers is or are sought.
                ``(4) Eligible.--The term `eligible', when used with
            respect to an individual, means an individual who is not an
            unauthorized alien (as defined in section 274A).
                ``(5) Employer.--The term `employer' means any person or
            entity, including any farm labor contractor and any
            agricultural association, that employs workers in agricultural
            employment.
                ``(6) H-2A employer.--The term `H-2A employer' means an
            employer who seeks to hire 1 or more nonimmigrant aliens
            described in section 101(a)(15)(H)(ii)(a).
                ``(7) H-2A worker.--The term `H-2A worker' means a
            nonimmigrant described in section 101(a)(15)(H)(ii)(a).
                ``(8) Job opportunity.--The term `job opportunity' means a
            job opening for temporary or seasonal full-time employment at a
            place in the United States to which United States workers can
            be referred.
                ``(9) Laying off.--
                        ``(A) In general.--The term `laying off', with
                    respect to a worker--
                                ``(i) means to cause the worker's loss of
                            employment, other than through a discharge for
                            inadequate performance, violation of workplace
                            rules, cause, voluntary departure, voluntary
                            retirement, contract impossibility (as
                            described in section 218A(b)(4)(D)), or
                            temporary suspension of employment due to
                            weather, markets, or other temporary
                            conditions; but
                                ``(ii) does not include any situation in
                            which the worker is offered, as an alternative
                            to such loss of employment, a similar
                            employment opportunity with the same employer
                            (or, in the case of a placement of a worker
                            with another employer under section
                            218(b)(2)(E), with either employer described in
                            such section) at equivalent or higher
                            compensation and benefits than the position
                            from which the employee was discharged,
                            regardless of whether or not the employee
                            accepts the offer.
                        ``(B) Statutory construction.--Nothing in this
                    paragraph is intended to limit an employee's rights
                    under a collective bargaining agreement or other
                    employment contract.
                ``(10) Regulatory drought.--The term `regulatory drought'
            means a decision subsequent to the filing of the application
            under section 218 by an entity not under the control of the
            employer making such filing which restricts the employer's
            access to water for irrigation purposes and reduces or limits
            the employer's ability to produce an agricultural commodity,
            thereby reducing the need for labor.
                ``(11) Seasonal.--Labor is performed on a `seasonal' basis
            if--
                        ``(A) ordinarily, it pertains to or is of the kind
                    exclusively performed at certain seasons or periods of
                    the year; and
                        ``(B) from its nature, it may not be continuous or
                    carried on throughout the year.
                ``(12) Secretary.--Except as otherwise provided, the term
            `Secretary' means the Secretary of Homeland Security.
                ``(13) Temporary.--A worker is employed on a `temporary'
            basis where the employment is intended not to exceed 10 months.
                ``(14) United states worker.--The term `United States
            worker' means any worker, whether a national of the United
            States, an alien lawfully admitted for permanent residence, or
            any other alien, who is authorized to work in the job
            opportunity within the United States, except an alien admitted
            or otherwise provided status under section
            101(a)(15)(H)(ii)(a).''.
        (b) Table of Contents.--The table of contents of the Immigration
    and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the
    item relating to section 218 and inserting the following:

    ``Sec. 218. H-2A employer applications.
    ``Sec. 218A. H-2A employment requirements.
    ``Sec. 218B. Procedure for admission and extension of stay of H-2A
                                workers.
    ``Sec. 218C. Worker protections and labor standards enforcement.
    ``Sec. 218D. Definitions.''.

                      CHAPTER 4--MISCELLANEOUS PROVISIONS

    SEC. 461. DETERMINATION AND USE OF USER FEES.

        (a) Schedule of Fees.--The Secretary shall establish and
    periodically adjust a schedule of fees for the employment of aliens
    pursuant to the amendment made by section 451(a) of this Act and a
    collection process for such fees from employers. Such fees shall be the
    only fees chargeable to employers for services provided under such
    amendment.
        (b) Determination of Schedule.--
                (1) In general.--The schedule under subsection (a) shall
            reflect a fee rate based on the number of job opportunities
            indicated in the employer's application under section 218 of
            the Immigration and Nationality Act, as amended by section 451
            of this Act, and sufficient to provide for the direct costs of
            providing services related to an employer's authorization to
            employ aliens pursuant to the amendment made by section 451(a)
            of this Act, to include the certification of eligible
            employers, the issuance of documentation, and the admission of
            eligible aliens.
                (2) Procedure.--
                        (A) In general.--In establishing and adjusting such
                    a schedule, the Secretary shall comply with Federal
                    cost accounting and fee setting standards.
                        (B) Publication and comment.--The Secretary shall
                    publish in the Federal Register an initial fee schedule
                    and associated collection process and the cost data or
                    estimates upon which such fee schedule is based, and
                    any subsequent amendments thereto, pursuant to which
                    public comment shall be sought and a final rule issued.
        (c) Use of Proceeds.--Notwithstanding any other provision of law,
    all proceeds resulting from the payment of the fees pursuant to the
    amendment made by section 451(a) of this Act shall be available without
    further appropriation and shall remain available without fiscal year
    limitation to reimburse the Secretary, the Secretary of State, and the
    Secretary of Labor for the costs of carrying out--
                (1) sections 218 and 218B of the Immigration and
            Nationality Act, as amended and added, respectively, by section
            451 of this Act; and
                (2) the provisions of this Act.

    SEC. 462. REGULATIONS.

        (a) Requirement for the Secretary To Consult.--The Secretary shall
    consult with the Secretary of Labor and the Secretary of Agriculture
    during the promulgation of all regulations to implement the duties of
    the Secretary under this Act and the amendments made by this Act.
        (b) Requirement for the Secretary of State To Consult.--The
    Secretary of State shall consult with the Secretary, the Secretary of
    Labor, and the Secretary of Agriculture on all regulations to implement
    the duties of the Secretary of State under this Act and the amendments
    made by this Act.
        (c) Requirement for the Secretary of Labor To Consult.--The
    Secretary of Labor shall consult with the Secretary of Agriculture and
    the Secretary on all regulations to implement the duties of the
    Secretary of Labor under this Act and the amendments made by this Act.
        (d) Deadline for Issuance of Regulations.--All regulations to
    implement the duties of the Secretary, the Secretary of State, and the
    Secretary of Labor created under sections 218, 218A, 218B, 218C, and
    218D of the Immigration and Nationality Act, as amended or added by
    section 451 of this Act, shall take effect on the effective date of
    section 451 and shall be issued not later than 1 year after the date of
    enactment of this Act.

    SEC. 463. REPORTS TO CONGRESS.

        (a) Annual Report.--Not later than September 30 of each year, the
    Secretary shall submit a report to Congress that identifies, for the
    previous year--
                (1) the number of job opportunities approved for employment
            of aliens admitted under section 101(a)(15)(H)(ii)(a) of the
            Immigration and Nationality Act (8 U.S.C.
            1101(a)(15)(H)(ii)(a)), and the number of workers actually
            admitted, disaggregated by State and by occupation;
                (2) the number of such aliens reported to have abandoned
            employment pursuant to subsection (e)(2) of section 218B of
            such Act, as added by section 451;
                (3) the number of such aliens who departed the United
            States within the period specified in subsection (d) of such
            section 218B;
                (4) the number of aliens who applied for blue card status
            pursuant to section 431(a);
                (5) the number of aliens who were granted such status
            pursuant section 431(a);
                (6) the number of aliens who applied for an adjustment of
            status pursuant to section 433(a); and
                (7) the number of aliens who received an adjustment of
            status pursuant section 433(a).
        (b) Implementation Report.--Not later than 180 days after the date
    of the enactment of this Act, the Secretary shall prepare and submit to
    Congress a report that describes the measures being taken and the
    progress made in implementing this Act.

    SEC. 464. EFFECTIVE DATE.

        The amendments made by section 451 and section 461 shall take
    effect 1 year after the date of the enactment of this Act.

             TITLE V--STRENGTHENING THE U.S. ECONOMY AND WORKFORCE

                       Subtitle A--Immigration and Labor

                    CHAPTER 1--IMMIGRATION AND LABOR MARKETS

    SEC. 501. COMMISSION ON IMMIGRATION AND LABOR MARKETS.

         (a) Establishment of Commission.--
                (1) In general.--There is established a permanent,
            independent, Federal agency within the Executive Branch of the
            United States to be known as the Commission on Immigration and
            Labor Markets (referred to in this section as ``Commission'').
                (2) Purposes.--Through objective, thorough, accurate and
            nonpartisan review and analysis, the purposes of the Commission
            are to--
                        (A) establish employment-based immigration policies
                    that promote America's economic growth and
                    competitiveness while minimizing job displacement, wage
                    depression and unauthorized employment in the United
                    States;
                        (B) create and implement a policy-focused research
                    agenda on the economic impacts of immigration at the
                    national, regional, state, industry and occupation
                    levels;
                        (C) collect and analyze information about
                    employment-based immigration and the labor market and
                    share the data and analysis with lawmakers, researchers
                    and the American public;
                        (D) recommend to the Congress and the President on
                    a regular basis an evidence-based methodology for
                    determining the level of employment-based immigration;
                    and
                        (E) recommend to Congress and the President the
                    numeric levels and characteristics of workers to be
                    admitted in various employment-based visa categories.
                (3) Membership.--The Commission shall be composed of--
                        (A) 7 voting members--
                                (i) who shall be appointed by the
                            President, with the advice and consent of the
                            Senate, no later than 6 months after the date
                            of the enactment of this Act;
                                (ii) who shall serve for 5-year staggered
                            terms;
                                (iii) one of whom the President shall
                            appoint as Chair of the commission to serve a
                            6-year term, which can be extended for 1
                            additional 3-year term;
                                (iv) who shall have expertise in economics,
                            demography, sociology, labor, business, civil
                            rights, immigration or other pertinent
                            qualifications or experience; and
                                (v) not more than 4 of whom may be members
                            of the same political party; and
                        (B) 8 ex-officio members, including--
                                (i) the Secretary;
                                (ii) the Secretary of State;
                                (iii) the Attorney General;
                                (iv) the Secretary of Labor;
                                (v) the Secretary of Commerce
                                (vi) the Secretary of Health and Human
                            Services;
                                (vii) the Secretary of Agriculture; and
                                (viii) The Commissioner of Social Security.
                (4) Vacancies.--Any vacancy in the Commission shall be
            filled in the same manner as the original appointment.
                (5) Meetings.--
                        (A) Initial meeting.--The Commission shall meet and
                    begin carrying out the duties described in subsection
                    (b) as soon as practicable.
                        (B) Subsequent meetings.--After its initial
                    meeting, the Commission shall meet upon the call of the
                    Chair or a majority of its members.
                        (C) Quorum.--Five voting members of the Commission
                    shall constitute a quorum.
        (b) Duties of the Commission.--The Commission shall--
                (1) collect, analyze and publish data regarding--
                        (A) the historic migration patterns to and from the
                    United States and demographic trends, including the
                    birth rate, education levels, and age profiles of the
                    immigrant and native population of the United States;
                        (B) the impact of employment-based immigration--
                                (i) at the national, regional, state and
                            local levels;
                                (ii) within industries and business
                            sectors;
                                (iii) on occupations and occupational
                            levels;
                                (iv) on small business; and
                                (v) on employment and unemployment levels;
                        (C) the current and anticipated needs of employers
                    for skilled and unskilled labor;
                        (D) the current and anticipated supply of skilled
                    and unskilled labor;
                        (E) the impact of employment-based immigration on
                    the economic growth and competitiveness and labor
                    standards, conditions, and wages;
                        (F) the extent and impact of unauthorized
                    employment in the United States;
                        (G) the factors that determine the economic success
                    of immigrants to the United States; and
                        (H) any other matters regarding the impact of
                    employment-based immigration that the Commission
                    considers appropriate;
                (2) after soliciting and reviewing input from the public,
            develop and publish in the federal register a plan for the
            performance of its duties, including a description of the
            methodologies it will employ to measure the need for immigrant
            workers or nonimmigrant foreign workers in different regions,
            states, industries and occupations;
                (3) submit to the Congress, according to the procedures in
            subsection (c), the methodologies it proposes to use to
            determine the need for immigrant workers and nonimmigrant
            foreign workers;
                (4) submit to the Congress, according to the procedures in
            subsection (c), any amendments which the Commission deems
            appropriate to the numeric levels of visas established by the
            Immigration and Nationality Act for temporary or permanent
            employment;
                (5) annually thereafter, submit a report to the President
            and Congress that--
                        (A) contains any amendments to the numeric levels
                    set according to the procedures in subsection (c)(2),
                    which shall take effect in the same manner described
                    therein unless disapproved by the passage of a
                    resolution in Congress; and
                        (B) makes other recommendations regarding
                    employment-based visas or immigration, including
                    legislative or administrative action, that the
                    Commission determines to be in the national interest;
                    and
                (6) establish collaborative relationships with
            international organizations and agencies in countries of origin
            to encourage the deposit of remittances with financial
            institutions that will reinvest the remittances received from
            the United States to promote job development in those countries
            of origin that have sent immigrants to the United States.
        (c) Procedures to Determine Appropriate Level of Employment Based
    Immigration for Temporary or Permanent Employment.--
                (1) Methodology.--Not later than 12 months after Congress
            appropriates funds for its operation, the Commission shall
            submit to Congress the methodologies it proposes to use to
            determine the need for immigrant workers and nonimmigrant
            foreign workers. Congress shall have 90 days to enact a
            resolution of disapproval. In the absence of such action, the
            methodologies shall stand approved.
                (2) Initial determination of numeric levels.--At the
            beginning of the first regular session of Congress after the
            methodologies in paragraph (1) have been approved, but not
            later than the first day of April, the Commission shall submit
            to Congress the numeric levels of visas it recommends, by
            majority vote, to be made available for temporary or permanent
            employment under the Immigration and Nationality Act and a
            statement of the reasons therefore. Congress shall have 90 days
            to enact a resolution of disapproval. In absence of such
            action, the numeric levels shall stand approved and be
            implemented at the start of the next fiscal year.
                (3) Annual determinations.--Once the initial determination
            of numeric levels is established, the Commission shall annually
            thereafter submit to Congress any increase or decrease in
            numeric levels of employment based immigration it recommends by
            majority vote, which shall be disapproved by Congress in the
            same manner as in clause (2), or stand approved for the next
            fiscal year.
        (d) Powers of the Commission.--
                (1) The Commission, by vote of a majority of the members
            present and voting, shall have the power to--
                        (A) establish general policies and promulgate such
                    rules and regulations for the Commission as are
                    necessary to carry out the purposes of this section;
                        (B) appoint and fix the salary and duties of the
                    Staff Director of the Commission, who shall serve at
                    the discretion of the Commission and who shall be
                    compensated at a rate not to exceed the highest rate
                    now or hereafter prescribed for Level 6 of the Senior
                    Executive Service Schedule (5 U.S.C. 5382), and such
                    other personnel as may be necessary to enable the
                    Commission to carry out its functions;
                        (C) deny, revise, or ratify any request for
                    regular, supplemental, or deficiency appropriations
                    prior to any submission of such request to the Office
                    of Management and Budget by the Chair;
                        (D) utilize, with their consent, the services,
                    equipment, personnel, information, and facilities of
                    other Federal, State, local, and private agencies and
                    instrumentalities with or without reimbursement
                    therefor;
                        (E) without regard to section 3324 of title 31,
                    United States Code, enter into and perform such
                    contracts, leases, cooperative agreements, and other
                    transactions as may be necessary in the conduct of the
                    functions of the Commission, with any public agency, or
                    with any person, firm, association, corporation,
                    educational institution, or nonprofit organization;
                        (F) accept and employ, in carrying out the
                    provisions of this title, voluntary and uncompensated
                    services, notwithstanding the provisions of section
                    1342 of title 31, United States Code, however,
                    individuals providing such services shall not be
                    considered Federal employees except for purposes of
                    chapter 81 of title 5, United States Code, with respect
                    to job-incurred disability and title 28, United States
                    Code, with respect to tort claims;
                        (G) request such information, data, and reports
                    from any Federal agency as the Commission may from time
                    to time require and as may be produced consistent with
                    other law;
                        (H) arrange with the head of any other Federal
                    agency for the performance by such agency of any
                    function of the Commission, with or without
                    reimbursement;
                        (I) establish a research and development program
                    within the Commission for the purpose of understanding
                    and documenting the effects of immigration and the
                    temporary admission of foreign workers on the labor
                    market and national competitiveness;
                        (J) collect systematically the data obtained from
                    studies, research, and the empirical experience of
                    public and private agencies concerning the need for and
                    effects of employment-based immigration and the
                    admission of nonimmigrant workers;
                        (K) interview and confer with state and local
                    officials, representatives of labor and industry, and
                    experts in academia to obtain information about the
                    need for or benefit of additional immigrant or
                    nonimmigrant workers;
                        (L) make recommendations to Congress concerning
                    modification or enactment of statutes relating to
                    matters that the Commission finds to be necessary and
                    advisable to carry out an effective employment-based
                    immigration policy;
                        (M) hold hearings and call witnesses to assist the
                    Commission in the exercise of its powers or duties;
                        (N) retain and, in its discretion pay reasonable
                    attorneys' fees out if its appropriated funds to,
                    private attorneys who--
                                (i) shall provide legal advice to the
                            Commission in the conduct of its work, or to
                            appear for or represent the Commission in any
                            case in which the Commission is authorized by
                            law to represent itself, or in which the
                            Commission is representing itself with the
                            consent of the Department of Justice; and
                                (ii) when serving as officers or employees
                            of the United States, shall be considered
                            special government employees as defined in
                            section 202(a) of title 18; and
                        (O) grant incentive awards to its employees
                    pursuant to chapter 45 of title 5, United States Code.
                (2) The Commission shall have such other powers and duties
            and shall perform such other functions as may be necessary to
            carry out the purposes of this section, and may delegate to any
            member or designated person such powers as may be appropriate.
        (e) Information and Assistance From Federal Agencies.--
                (1) Information.--The head of any Federal department or
            agency that receives a request from the Commission for
            information, including suggestions, estimates, and statistics,
            as the Commission considers necessary to carry out the
            provisions of this section, shall furnish such information to
            the Commission, to the extent allowed by law.
                (2) Assistance.--
                        (A) General services administration.--The
                    Administrator of General Services shall, on a
                    reimbursable basis, provide the Commission with
                    administrative support and other services for the
                    performance of the Commission's functions.
                        (B) Other federal agencies.--The departments and
                    agencies of the United States may provide the
                    Commission with such services, funds, facilities,
                    staff, and other support services as heads of such
                    departments and agencies determine advisable and
                    authorized by law.
        (f) Personnel Matters.--
                (1) Staff.--
                        (A) Except as provided under subparagraph (B), any
                    personnel of the Commission who are employees shall be
                    considered to be employees under section 2105 of title
                    5, United States Code, for purposes of chapters 63, 81,
                    83, 84, 85, 87, 89 and 90 of such title.
                        (B) Subparagraph (A) shall not apply to members of
                    the Commission.
                (2) Detailees.--Any employee of the Federal Government may
            be detailed to the Commission without reimbursement from the
            Commission. Such detailee shall retain the rights, status, and
            privileges of his or her regular employment without
            interruption.
                (3) Consultant services.--The Commission may procure the
            services of experts and consultants in accordance with section
            3109 of title 5, United States Code, at rates not to exceed the
            daily rate paid a person occupying a position at level IV of
            Executive Schedule under section 5315 of such title 5.
        (g) Compensation and Travel Expenses.--
                (1) Compensation.--Each voting member of the Commission may
            be compensated at a rate not to exceed the daily equivalent of
            the annual rate of basic pay in effect for a position at level
            IV of the Executive Schedule under section 5315 of title 5,
            United States Code, for each day during which that member is
            engaged in the actual performance of the duties of the
            Commission.
                (2) Travel expenses.--Members of the Commission shall be
            allowed travel expenses, including per diem in lieu of
            subsistence, in the same manner as persons employed
            intermittently in Government service are allowed expenses under
            section 5703(b) of title 5, United States Code, while away from
            their homes or regular places of business in performance of
            services for the Commission.
        (h) Authorization of Appropriations.--There are authorized to carry
    out the purposes of this section such sums as may be necessary.

    SEC. 502. SECURITY AND PROSPERITY ACCOUNT.

        Section 286 (8 U.S.C. 1356) is amended by adding at the end the
    following new subsection:
        ``(w) Prosperity Account.--
                ``(1) Establishment.--There is established in the general
            fund of the Treasury an account, which shall be known as the
            `Security and Prosperity Account'.
                ``(2) Deposits.--Notwithstanding any other provision of
            this Act, there shall be deposited as offsetting receipts into
            the Security and Prosperity Account--
                        ``(A) all fines collected under section
                    401(g)(2)(B) of the CIR ASAP Act of 2009; and
                        ``(B) all fees collected under section 401(g)(2)(A)
                    of such Act.
                ``(3) Use of funds.--The fees and fines deposited into the
            Security and Prosperity Fund shall be allocated as follows:
                        ``(A) 25 percent shall be allocated for `Training
                    and Employment Services' for activities under the
                    Workforce Investment Act (WIA) of 1998 which shall
                    distributed as follows:
                                ``(i) 25 percent for grants to the States
                            for adult employment and training activities.
                                ``(ii) 20 percent for grants to the States
                            for dislocated worker employment and training
                            activities.
                                ``(iii) 10 percent shall be allocated for
                            the dislocated workers assistance national
                            reserve, except that--
                                        ``(I) such funds shall be made
                                    available for grants only to eligible
                                    entities that serve areas of high
                                    unemployment or high poverty and only
                                    for purposes described in subsection
                                    173(a)(1) of the WIA; and
                                        ``(II) the Secretary of Labor shall
                                    ensure that applicants for such funds
                                    demonstrate how income support, child
                                    care and other supportive services
                                    necessary for an individual's
                                    participation in job training will be
                                    provided; and
                                ``(iv) 45 percent for a program of
                            competitive grants for worker training and
                            placement in high growth and emerging industry
                            sectors.
                        ``(B) 5 percent shall be allocated for the American
                    Worker Recruit and Match System described in section
                    503 of the CIR ASAP Act of 2009.
                        ``(C) 10 percent shall be allocated to the
                    Secretary of Homeland Security for the processing of
                    immigration benefits applications and to subsidize the
                    costs of immigration benefits applications described in
                    section 321.
                        ``(D) 3 percent shall be allocated to implement
                    title VI of the CIR ASAP Act of 2009.
                        ``(E) 2 percent shall be allocated for the
                    establishment and operations of the Commission on Labor
                    Markets and Immigration as described in section 501 of
                    such Act.
                        ``(F) 30 percent shall be allocated to implement
                    the amendments made by title II of the CIR ASAP Act of
                    2009, and enforcement efforts mandated in such
                    amendments to ensure compliance with the employment
                    practices described in such amendments.
                        ``(G) 25 percent distributed equally among the
                    programs established in title I of the CIR ASAP Act of
                    2009 for border security, detention, and
                    enforcement.''.

    SEC. 503. AMERICAN RECRUIT AND MATCH SYSTEM.

        (a) Establishment of Program.--Each State Workforce Agency (SWA)
    shall establish an Internet-based program entitled ``American Worker
    Recruit and Match'' program, to be incorporated with existing SWA Web-
    based job search engines, if any--
                (1) whereby employers may electronically post employment
            opportunities in fields and occupations that have traditionally
            relied on unauthorized labor, such as hospitality, agriculture,
            construction, domestic services, food services and as
            determined by the Secretary of Labor;
                (2) whereby individuals may electronically post employment
            profiles; and
                (3) that shall be searchable and shall match employers with
            qualified individuals.
        (b) Single Internet Link.--The Secretary of Labor shall establish a
    publicly accessible Web page on the Internet website of the Department
    of Labor that provides a single internet link to each State workforce
    agency's American Worker Recruit and Match program.
        (c) Education.--Each State workforce agency shall conduct monthly
    seminars that shall be publicly noticed, to educate employers and
    individuals regarding use of the American Recruit and Match System.
        (d) Funding.--Fees and fines deposited in the Prosperity Fund under
    section 286(w)(3)(B) of the Immigration and Nationality Act may be used
    to carry out this section.

               CHAPTER 2--PROTECTION OF WORKERS RECRUITED ABROAD

    SEC. 511. PROTECTIONS FOR WORKERS RECRUITED ABROAD.

        (a) Basic Requirements.--(1) Each employer and foreign labor
    contractor who engages in foreign labor contracting activity shall
    ascertain and disclose to each such worker who is recruited for
    employment the following information at the time of the worker's
    recruitment:
                (A) The place of employment.
                (B) The compensation for the employment.
                (C) A description of employment activities.
                (D) The period of employment.
                (E) The transportation, housing, and any other employee
            benefit to be provided and any costs to be charged for each
            benefit.
                (F) The existence of any labor organizing effort, strike,
            lockout, or other labor dispute at the place of employment.
                (G) The existence of any arrangements with any owner or
            agent of any establishment in the area of employment under
            which the contractor or employer is to receive a commission or
            any other benefit resulting from any sales (including the
            provision of services) by such establishment to the workers.
                (H) Whether and the extent to which workers will be
            compensated through workers' compensation, private insurance,
            or otherwise for injuries or death, including work related
            injuries and death, during the period of employment and, if so,
            the name of the State workers' compensation insurance carrier
            or the name of the policyholder of the private insurance, the
            name and the telephone number of each person who must be
            notified of an injury or death, and the time period within
            which such notice must be given.
                (I) Any education or training to be provided or made
            available, including the nature and cost of such training, who
            will pay such costs, and whether the training is a condition of
            employment, continued employment, or future employment.
                (J) A statement, approved by the Secretary of Labor,
            describing the protections of this part for workers recruited
            abroad.
        (2) No foreign labor contractor or employer shall knowingly provide
    false or misleading information to any worker concerning any matter
    required to be disclosed in paragraph (1).
        (3) The information required to be disclosed by paragraph (1) to
    workers shall be provided in written form. Such information shall be
    provided in English or, as necessary and reasonable, in the language of
    the worker being recruited. The Department of Labor shall make forms
    available in English, Spanish, and other languages, as necessary, which
    may be used in providing workers with information required under this
    section.
        (4) No fees may be charged to a worker for recruitment.
        (5) No employer or foreign labor contractor shall, without
    justification, violate the terms of any working arrangement made by
    that contractor or employer.
        (6) The employer shall pay the transportation costs, including
    subsistence costs during the period of travel, for the worker from the
    place of recruitment to the place of employment and from the place of
    employment to such worker's place of permanent residence.
        (7)(A) It shall be unlawful for an employer or a foreign labor
    contractor to fail or refuse to hire or to discharge any individual, or
    otherwise discriminate against an individual with respect to
    compensation, terms, conditions, or privileges of employment because
    such individual's race, color, creed, sex, national origin, religion,
    age, or disability.
        (B) For the purposes of determining the existence of unlawful
    discrimination under subclause (A)--
                (i) in the case of a claim of discrimination based on race,
            color, creed, sex, national origin, or religion, the same legal
            standards shall apply as are applicable under title VII of the
            Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
                (ii) in the case of a claim of discrimination based on
            unlawful discrimination based on age, the same legal standards
            shall apply as are applicable under the Age Discrimination in
            Employment Act of 1967 (29 U.S.C. 621 et seq.); and
                (iii) in the case of a claim of discrimination based on
            disability, the same legal standards shall apply as are
            applicable under title I of the Americans With Disabilities Act
            (42 U.S.C. 12101 et seq.).
        (b) Other Worker Protections.--(1) Each employer shall notify the
    Secretary of the identity of any foreign labor contractor involved in
    any foreign labor contractor activity for or on behalf of the employer.
    The employer shall be subject to the civil remedies of this chapter for
    violations committed by such foreign labor contractor to the same
    extent as if the employer had committed the violation. The employer
    shall notify the Secretary of the identity of such a foreign labor
    contractor whose activities do not comply with this chapter.
        (2) The Secretary shall maintain a list of all foreign labor
    contractors whom the Secretary knows or believes have been involved in
    violations of this chapter, and make that list publicly available. The
    Secretary shall provide a procedure by which an employer, a foreign
    labor contractor, or someone acting on behalf of such contractor may
    seek to have a foreign labor contractor's name removed from such list
    by demonstrating to the Secretary's satisfaction that the foreign labor
    contractor has not violated this chapter in the previous five years.
        (3) No foreign labor contractor shall violate, without
    justification, the terms of any written agreements made with an
    employer pertaining to any contracting activity or worker protection
    under this chapter.
        (c) Discrimination Prohibited Against Workers Seeking Relief Under
    This Chapter.--No person shall intimidate, threaten, restrain, coerce,
    blacklist, discharge, or in any manner discriminate against any worker
    because such worker has, with just cause, filed any complaint or
    instituted, or caused to be instituted, any proceeding under or related
    to this chapter, or has testified or is about to testify in any such
    proceedings, or because of the exercise, with just cause, by such
    worker on behalf of himself or others of any right or protection
    afforded by this chapter.

    SEC. 512. ENFORCEMENT PROVISIONS.

        (a) Criminal Sanctions.--Whoever knowingly violates this chapter
    shall be fined under title 18, United States Code, or imprisoned not
    more than one year, or both. Upon conviction, after a first conviction
    under this section, for a second or subsequent violation of this
    chapter, the defendant shall be fined under title 18, United States
    Code, or imprisoned not more than three years, or both.
        (b) Administrative Sanctions.--(1)(A) Subject to subparagraph (B),
    the Secretary may assess a civil money penalty of not more than $5,000
    on any person who violates this chapter.
        (B) In determining the amount of any penalty to be assessed under
    subparagraph (A), the Secretary shall take into account (i) the
    previous record of the person in terms of compliance with this chapter
    and with comparable requirements of the Fair Labor Standards Act of
    1938, and with regulations promulgated under such Acts, and (ii) the
    gravity of the violation.
        (2) Any employer who uses the services of a foreign labor
    contractor who is on the list maintained by the Secretary pursuant to
    section 2(b)(2), shall, if the actions of such foreign labor contractor
    have contributed to a violation of this chapter by the employer, be
    fined $10,000 per violation in addition to any other fines or penalties
    for which the employer may be liable for the violation.
        (c) Actions by Secretary.--The Secretary may take such actions,
    including seeking appropriate injunctive relief and specific
    performance of contractual obligations, as may be necessary to assure
    employer compliance with terms and conditions of employment under this
    chapter and with this chapter.
        (d) Waiver of Rights.--Agreements by employees purporting to waive
    or to modify their rights under this chapter shall be void as contrary
    to public policy.
        (e) Representation in Court.--Except as provided in section 518(a)
    of title 28, United States Code, relating to litigation before the
    Supreme Court, the Solicitor of Labor may appear for and represent the
    Secretary in any civil litigation brought under this chapter, but all
    such litigation shall be subject to the direction and control of the
    Attorney General.

    SEC. 513. PROCEDURES IN ADDITION TO OTHER RIGHTS OF EMPLOYEES.

        The rights and remedies provided to workers by this chapter are in
    addition to, and not in lieu of, any other contractual or statutory
    rights and remedies of the workers, and are not intended to alter or
    affect such rights and remedies.

    SEC. 514. AUTHORITY TO PRESCRIBE REGULATIONS.

        The Secretary of Labor shall prescribe such regulations as may be
    necessary to carry out this chapter.

    SEC. 515. DEFINITIONS.

        (a) In General.--Except as otherwise provided by this chapter, for
    purposes of this chapter the terms used in this chapter shall have the
    same meanings, respectively, as are given those terms in section 3 of
    the Fair Labor Standards Act of 1938.
        (b) Other Definitions.--As used in this chapter:
                (1) The term ``State'' means any State of the United States
            and includes the District of Columbia, Puerto Rico, Guam,
            American Samoa, the Commonwealth of the Northern Mariana
            Islands, and the Virgin Islands of the United States.
                (2) The term ``foreign labor contractor'' means any person
            who for any money or other valuable consideration paid or
            promised to be paid, performs any foreign labor contracting
            activity.
                (3) The term ``foreign labor contracting activity'' means
            recruiting, soliciting, hiring, employing, or furnishing, an
            individual who resides outside of the United States to be
            employed in the United States.
                (4) The term ``Secretary'' means the Secretary of Labor.
                (5) The term ``worker'' means an individual who is the
            subject of foreign labor contracting activity.

                        CHAPTER 3--TECHNICAL CORRECTION

    SEC. 521. TECHNICAL CORRECTION.

        Section 212 of the Immigration and Nationality Act is amended by
    redesignating the second subsection (t), as added by section 1(b)(2)(B)
    of the Act entitled ``An Act to amend and extend the Irish Peace
    Process Cultural and Training Program Act of 1998'' (Public Law 108-449
    (118 Stat. 3470)), as subsection (u).

        Subtitle B--Reforms of Certain Classes of Employment-based Visas

                CHAPTER 1--H-1B VISA FRAUD AND ABUSE PROTECTIONS

              Subchapter A--H-1B Employer Application Requirements

    SEC. 531. MODIFICATION OF APPLICATION REQUIREMENTS.

        (a) General Application Requirements.--Subparagraph (A) of section
    212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1))
    is amended to read as follows:
                ``(A) The employer--
                        ``(i) is offering and will offer to H-1B
                    nonimmigrants, during the period of authorized
                    employment for each H-1B nonimmigrant, wages that are
                    determined based on the best information available at
                    the time the application is filed and which are not
                    less than the highest of--
                                ``(I) the locally determined prevailing
                            wage level for the occupational classification
                            in the area of employment;
                                ``(II) the median average wage for all
                            workers in the occupational classification in
                            the area of employment; and
                                ``(III) the median wage for skill level 2
                            in the occupational classification found in the
                            most recent Occupational Employment Statistics
                            survey; and
                        ``(ii) will provide working conditions for such H-
                    1B nonimmigrant that will not adversely affect the
                    working conditions of other workers similarly
                    employed.''.
        (b) Internet Posting Requirement.--Subparagraph (C) of such section
    212(n)(1) is amended--
                (1) by redesignating clause (ii) as subclause (II);
                (2) by striking ``(i) has provided'' and inserting the
            following:
                        ``(ii)(I) has provided''; and
                (3) by inserting before clause (ii), as redesignated by
            paragraph (2) of this subsection, the following:
                        ``(i) has posted on the Internet website described
                    in paragraph (3), for at least 30 calendar days, a
                    detailed description of each position for which a
                    nonimmigrant is sought that includes a description of--
                                ``(I) the wages and other terms and
                            conditions of employment;
                                ``(II) the minimum education, training,
                            experience, and other requirements for the
                            position; and
                                ``(III) the process for applying for the
                            position; and''.
        (c) Wage Determination Information.--Subparagraph (D) of such
    section 212(n)(1) is amended by inserting ``the wage determination
    methodology used under subparagraph (A)(i),'' after ``shall contain''.
        (d) Application of Requirements to All Employers.--
                (1) Nondisplacement.--Subparagraph (E) of such section
            212(n)(1) is amended--
                        (A) in clause (i)--
                                (i) by striking ``90 days'' both places it
                            appears and inserting ``180 days''; and
                                (ii) by striking ``(i) In the case of an
                            application described in clause (ii), the'' and
                            inserting ``The''; and
                        (B) by striking clause (ii).
                (2) Recruitment.--Subparagraph (G)(i) of such section
            212(n)(1) is amended by striking ``In the case of an
            application described in subparagraph (E)(ii), subject'' and
            inserting ``Subject''.
        (e) Requirement for Waiver.--Subparagraph (F) of such section
    212(n)(1) is amended to read as follows:
                ``(F) The employer shall not place, outsource, lease, or
            otherwise contract for the services or placement of H-1B
            nonimmigrants with another employer unless the employer of the
            alien has been granted a waiver under paragraph (2)(E).''.

    SEC. 532. NEW APPLICATION REQUIREMENTS.

        Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C.
    1182(n)(1)) is amended by inserting after clause (ii) of subparagraph
    (G) the following:
                ``(H)(i) The employer has not advertised any available
            position specified in the application in an advertisement that
            states or indicates that--
                        ``(I) such position is only available to an
                    individual who is or will be an H-1B nonimmigrant; or
                        ``(II) an individual who is or will be an H-1B
                    nonimmigrant shall receive priority or a preference in
                    the hiring process for such position.
                ``(ii) The employer has not solely recruited individuals
            who are or who will be H-1B nonimmigrants to fill such
            position.
                ``(I) If the employer employs 50 or more employees in the
            United States, the sum of the number of such employees who are
            H-1B nonimmigrants plus the number of such employees who are
            nonimmigrants described in section 101(a)(15)(L) may not exceed
            50 percent of the total number of employees.
                ``(J) If the employer, in such previous period as the
            Secretary shall specify, employed 1 or more H-1B nonimmigrants,
            the employer shall submit to the Secretary the Internal Revenue
            Service Form W-2 Wage and Tax Statement filed by the employer
            with respect to the H-1B nonimmigrants for such period.''.

    SEC. 533. APPLICATION REVIEW REQUIREMENTS.

        (a) Technical Amendment.--Section 212(n)(1) of the Immigration and
    Nationality Act (8 U.S.C. 1182(n)(1)), as amended by section 102, is
    further amended in the undesignated paragraph at the end, by striking
    ``The employer'' and inserting the following:
                ``(K) The employer.''.
        (b) Application Review Requirements.--Subparagraph (K) of such
    section 212(n)(1), as designated by subsection (a), is amended--
                (1) by inserting ``and through the Department of Labor's
            website, without charge.'' after ``D.C.'';
                (2) by striking ``only for completeness'' and inserting
            ``for completeness and clear indicators of fraud or
            misrepresentation of material fact,'';
                (3) by striking ``or obviously inaccurate'' and inserting
            ``, presents clear indicators of fraud or misrepresentation of
            material fact, or is obviously inaccurate'';
                (4) by striking ``within 7 days of'' and inserting ``not
            later than 14 days after''; and
                (5) by adding at the end the following: ``If the
            Secretary's review of an application identifies clear
            indicators of fraud or misrepresentation of material fact, the
            Secretary may conduct an investigation and hearing in
            accordance with paragraph (2).''.

     Subchapter B--Investigation and Disposition of Complaints Against H-1B

    SEC. 541. GENERAL MODIFICATION OF PROCEDURES FOR INVESTIGATION AND
                  DISPOSITION.

        Subparagraph (A) of section 212(n)(2) of the Immigration and
    Nationality Act (8 U.S.C. 1182(n)(2)) is amended--
                (1) by striking ``(A) Subject'' and inserting ``(A)(i)
            Subject'';
                (2) by striking ``12 months'' and inserting ``24 months'';
                (3) by striking the last sentence; and
                (4) by adding at the end the following:
                        ``(ii)(I) Upon the receipt of such a complaint, the
                    Secretary may initiate an investigation to determine if
                    such a failure or misrepresentation has occurred.
                        ``(II) The Secretary may conduct surveys of the
                    degree to which employers comply with the requirements
                    of this subsection and may conduct annual compliance
                    audits of employers that employ H-1B nonimmigrants.
                        ``(III) The Secretary shall--
                                ``(aa) conduct annual compliance audits of
                            not less than 1 percent of the employers that
                            employ H-1B nonimmigrants during the applicable
                            calendar year;
                                ``(bb) conduct annual compliance audits of
                            each employer with more than 100 employees who
                            work in the United States if more than 15
                            percent of such employees are H-1B
                            nonimmigrants; and
                                ``(cc) make available to the public an
                            executive summary or report describing the
                            general findings of the audits carried out
                            pursuant to this subclause.''.

    SEC. 542. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.

        Subparagraph (C) of section 212(n)(2) of the Immigration and
    Nationality Act (8 U.S.C. 1182(n)(2)) is amended--
                (1) in clause (i)--
                        (A) in the matter preceding subclause (I)--
                                (i) by striking ``a condition of paragraph
                            (1)(B), (1)(E), or (1)(F)'' and inserting ``a
                            condition under subparagraph (A), (B), (C)(i),
                            (E), (F), (G)(i)(I), (H), (I), or (J) of
                            paragraph (1)''; and
                                (ii) by striking ``(1)(C)'' and inserting
                            ``(1)(C)(ii)''; and
                        (B) in subclause (I)--
                                (i) by striking ``$1,000'' and inserting
                            ``$2,000''; and
                                (ii) by striking ``and'' at the end;
                        (C) in subclause (II), by striking the period at
                    the end and inserting a semicolon and ``and'';
                        (D) by adding at the end the following:
                ``(III) an employer that violates such subparagraph (A)
            shall be liable to the employees harmed by such violations for
            lost wages and benefits.''; and
                (2) in clause (ii)--
                        (A) in subclause (I)--
                                (i) by striking ``may'' and inserting
                            ``shall''; and
                                (ii) by striking ``$5,000'' and inserting
                            ``$10,000''; and
                        (B) in subclause (II), by striking the period at
                    the end and inserting a semicolon and ``and'';
                        (C) by adding at the end the following:
                ``(III) an employer that violates such subparagraph (A)
            shall be liable to the employees harmed by such violations for
            lost wages and benefits.''; and
                (3) in clause (iii)--
                        (A) in the matter preceding subclause (I), by
                    striking ``90 days'' both places it appears and
                    inserting ``180 days'';
                        (B) in subclause (I)--
                                (i) by striking ``may'' and inserting
                            ``shall''; and
                                (ii) by striking ``and'' at the end;
                        (C) in subclause (II), by striking the period at
                    the end and inserting a semicolon and ``and''; and
                        (D) by adding at the end the following:
                ``(III) an employer that violates subparagraph (A) of such
            paragraph shall be liable to the employees harmed by such
            violations for lost wages and benefits.'';
                (4) in clause (iv)--
                        (A) by inserting ``to take, fail to take, or
                    threaten to take or fail to take, a personnel action,
                    or'' before ``to intimidate'';
                        (B) by inserting ``(I)'' after ``(iv)''; and
                        (C) by adding at the end the following:
                ``(II) An employer that violates this clause shall be
            liable to the employees harmed by such violation for lost wages
            and benefits.''; and
                (5) in clause (vi)--
                        (A) by amending subclause (I) to read as follows:
                ``(I) It is a violation of this clause for an employer who
            has filed an application under this subsection--
                        ``(aa) to require an H-1B nonimmigrant to pay a
                    penalty for ceasing employment with the employer prior
                    to a date agreed to by the nonimmigrant and the
                    employer (the Secretary shall determine whether a
                    required payment is a penalty, and not liquidated
                    damages, pursuant to relevant State law); and
                        ``(bb) to fail to offer to an H-1B nonimmigrant,
                    during the nonimmigrant's period of authorized
                    employment, on the same basis, and in accordance with
                    the same criteria, as the employer offers to United
                    States workers, benefits and eligibility for benefits,
                    including--
                                ``(AA) the opportunity to participate in
                            health, life, disability, and other insurance
                            plans;
                                ``(BB) the opportunity to participate in
                            retirement and savings plans; and
                                ``(CC) cash bonuses and noncash
                            compensation, such as stock options (whether or
                            not based on performance).''; and
                        (B) in subclause (III), by striking ``$1,000'' and
                    inserting ``$2,000''.

    SEC. 543. WAIVER REQUIREMENTS.

        (a) In General.--Subparagraph (E) of section 212(n)(2) of the
    Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended to
    read as follows:
        ``(E)(i) The Secretary of Labor may waive the prohibition in
    paragraph (1)(F) if the Secretary determines that the employer seeking
    the waiver has established that--
                ``(I) the employer with whom the H-1B nonimmigrant would be
            placed has not displaced, and does not intend to displace, a
            United States worker employed by the employer within the period
            beginning 180 days before and ending 180 days after the date of
            the placement of the nonimmigrant with the employer;
                ``(II) the H-1B nonimmigrant will not be controlled and
            supervised principally by the employer with whom the H-1B
            nonimmigrant would be placed; and
                ``(III) the placement of the H-1B nonimmigrant is not
            essentially an arrangement to provide labor for hire for the
            employer with whom the H-1B nonimmigrant will be placed.
        ``(ii) The Secretary shall grant or deny a waiver under this
    subparagraph not later than 7 days after the Secretary receives the
    application for such waiver.''.
        (b) Requirement for Rules.--
                (1) Rules for waivers.--The Secretary of Labor shall
            promulgate rules, after notice and a period for comment, for an
            employer to apply for a waiver under subparagraph (E) of
            section 212(n)(2) of such Act, as amended by subsection (a).
                (2) Requirement for publication.--The Secretary of Labor
            shall submit to Congress and publish in the Federal Register
            and other appropriate media a notice of the date that rules
            required by paragraph (1) are published.

    SEC. 544. INITIATION OF INVESTIGATIONS.

        Subparagraph (G) of section 212(n)(2) of the Immigration and
    Nationality Act (8 U.S.C. 1182(n)(2)) is amended--
                (1) in clause (i), by striking ``if the Secretary'' and all
            that follows and inserting ``with regard to the employer's
            compliance with the requirements of this subsection.'';
                (2) in clause (ii), by striking ``and whose identity'' and
            all that follows through ``failure or failures.'' and inserting
            ``the Secretary of Labor may conduct an investigation into the
            employer's compliance with the requirements of this
            subsection.'';
                (3) in clause (iii), by striking the last sentence;
                (4) by striking clauses (iv) and (v);
                (5) by redesignating clauses (vi), (vii), and (viii) as
            clauses (iv), (v), and (vi), respectively;
                (6) in clause (iv), as so redesignated, by striking ``meet
            a condition described in clause (ii), unless the Secretary of
            Labor receives the information not later than 12 months'' and
            inserting ``comply with the requirements under this subsection,
            unless the Secretary of Labor receives the information not
            later than 24 months'';
                (7) by amending clause (v), as so redesignated, to read as
            follows:
                ``(v) The Secretary of Labor shall provide notice to an
            employer of the intent to conduct an investigation. The notice
            shall be provided in such a manner, and shall contain
            sufficient detail, to permit the employer to respond to the
            allegations before an investigation is commenced. The Secretary
            is not required to comply with this clause if the Secretary
            determines that such compliance would interfere with an effort
            by the Secretary to investigate or secure compliance by the
            employer with the requirements of this subsection. A
            determination by the Secretary under this clause shall not be
            subject to judicial review.'';
                (8) in clause (vi), as so redesignated, by striking ``An
            investigation'' and all that follows through ``the
            determination.'' and inserting ``If the Secretary of Labor,
            after an investigation under clause (i) or (ii), determines
            that a reasonable basis exists to make a finding that the
            employer has failed to comply with the requirements under this
            subsection, the Secretary shall provide interested parties with
            notice of such determination and an opportunity for a hearing
            in accordance with section 556 of title 5, United States Code,
            not later than 120 days after the date of such
            determination.''; and
                (9) by adding at the end the following:
                ``(vii) If the Secretary of Labor, after a hearing, finds a
            reasonable basis to believe that the employer has violated the
            requirements under this subsection, the Secretary shall impose
            a penalty under subparagraph (C).''.

    SEC. 545. INFORMATION SHARING.

        Subparagraph (H) of section 212(n)(2) of the Immigration and
    Nationality Act (8 U.S.C. 1182(n)(2)) is amended to read as follows:
        ``(H) The Director of United States Citizenship and Immigration
    Services shall provide the Secretary of Labor with any information
    contained in the materials submitted by employers of H-1B nonimmigrants
    as part of the adjudication process that indicates that the employer is
    not complying with visa program requirements for H-1B nonimmigrants.
    The Secretary may initiate and conduct an investigation and hearing
    under this paragraph after receiving information of noncompliance under
    this subparagraph.''.

    SEC. 546. CONFORMING AMENDMENT.

        Subparagraph (F) of section 212(n)(2) of the Immigration and
    Nationality Act (8 U.S.C. 1182) is amended by striking ``The preceding
    sentence shall apply to an employer regardless of whether or not the
    employer is an H-1B-dependent employer.''.

                      Subchapter C--Other H-1B Provisions

    SEC. 551. POSTING AVAILABLE H-1B POSITIONS THROUGH THE DEPARTMENT OF
                  LABOR.

        (a) Department of Labor Website.--Paragraph (3) of section 212(n)
    of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended to
    read as follows:
                ``(3)(A) Not later than 90 days after the date of the
            enactment of the H-1B and L-1 Visa Reform Act of 2009, the
            Secretary of Labor shall establish a searchable Internet
            website for posting positions as required by paragraph (1)(C).
            Such website shall be available to the public without charge.
                ``(B) The Secretary may work with private companies or
            nonprofit organizations to develop and operate the Internet
            website described in subparagraph (A).
                ``(C) The Secretary may promulgate rules, after notice and
            a period for comment, to carry out the requirements of this
            paragraph.''.
        (b) Requirement for Publication.--The Secretary of Labor shall
    submit to Congress and publish in the Federal Register and other
    appropriate media a notice of the date that the Internet website
    required by paragraph (3) of section 212(n) of such Act, as amended by
    subsection (a), will be operational.
        (c) Application.--The amendments made by subsection (a) shall apply
    to an application filed on or after the date that is 30 days after the
    date described in subsection (b).

    SEC. 552. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

        (a) Immigration Documents.--Section 204 of the Immigration and
    Nationality Act (8 U.S.C. 1154) is amended by adding at the end the
    following:
        ``(l) Employer to Provide Immigration Paperwork Exchanged With
    Federal Agencies.--Not later than 21 business days after receiving a
    written request from a former, current, or future employee or
    beneficiary, an employer shall provide such employee or beneficiary
    with the original (or a certified copy of the original) of all
    petitions, notices, and other written communication exchanged between
    the employer and the Department of Labor, the Department of Homeland
    Security, or any other Federal agency or department that is related to
    an immigrant or nonimmigrant petition filed by the employer for such
    employee or beneficiary.''.
        (b) Report on Job Classification and Wage Determinations.--Not
    later than 1 year after the date of the enactment of this Act, the
    Comptroller General of the United States shall prepare a report
    analyzing the accuracy and effectiveness of the Secretary of Labor's
    current job classification and wage determination system. The report
    shall--
                (1) specifically address whether the systems in place
            accurately reflect the complexity of current job types as well
            as geographic wage differences; and
                (2) make recommendations concerning necessary updates and
            modifications.

    SEC. 553. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

        (a) In General.--The Secretary of Labor is authorized to hire 200
    additional employees to administer, oversee, investigate, and enforce
    programs involving nonimmigrant employees described in section
    101(a)(15)(H)(i)(B).
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary to carry out this section.

                          CHAPTER 2--L-1 NONIMMIGRANTS

    SEC. 561. PROHIBITION ON OUTPLACEMENT OF L-1 NONIMMIGRANTS.

        (a) In General.--Subparagraph (F) of section 214(c)(2) of the
    Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended to
    read as follows:
                        ``(F)(i) Unless an employer receives a waiver under
                    clause (ii), an employer may not employ an alien, for a
                    cumulative period of more than 1 year, who--
                                ``(I) will serve in a capacity involving
                            specialized knowledge with respect to an
                            employer for purposes of section 101(a)(15)(L);
                            and
                                ``(II) will be stationed primarily at the
                            worksite of an employer other than the
                            petitioning employer or its affiliate,
                            subsidiary, or parent, including pursuant to an
                            outsourcing, leasing, or other contracting
                            agreement.
                        ``(ii) The Secretary of Homeland Security may grant
                    a waiver of the requirements of clause (i) for an
                    employer if the Secretary determines that the employer
                    has established that--
                                ``(I) the employer with whom the alien
                            referred to in clause (i) would be placed has
                            not displaced and does not intend to displace a
                            United States worker employed by the employer
                            within the period beginning 180 days after the
                            date of the placement of such alien with the
                            employer;
                                ``(II) such alien will not be controlled
                            and supervised principally by the employer with
                            whom the nonimmigrant would be placed; and
                                ``(III) the placement of the nonimmigrant
                            is not essentially an arrangement to provide
                            labor for hire for an unaffiliated employer
                            with whom the nonimmigrant will be placed,
                            rather than a placement in connection with the
                            provision or a product or service for which
                            specialized knowledge specific to the
                            petitioning employer is necessary.
                        ``(iii) The Secretary shall grant or deny a waiver
                    under clause (ii) not later than 7 days after the date
                    that the Secretary receives the application for the
                    waiver.''.
        (b) Regulations.--The Secretary of Homeland Security shall
    promulgate rules, after notice and a period for comment, for an
    employer to apply for a waiver under subparagraph (F)(ii) of section
    214(c)(2), as added by subsection (a).

    SEC. 562. L-1 EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT AT NEW
                  OFFICES.

        Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
    1184(c)(2)) is amended by adding at the end the following:
                        ``(G)(i) If the beneficiary of a petition under
                    this paragraph is coming to the United States to open,
                    or be employed in, a new office, the petition may be
                    approved for up to 12 months only if--
                                ``(I) the alien has not been the
                            beneficiary of 2 or more petitions under this
                            subparagraph during the immediately preceding 2
                            years; and
                                ``(II) the employer operating the new
                            office has--
                                        ``(aa) an adequate business plan;
                                        ``(bb) sufficient physical premises
                                    to carry out the proposed business
                                    activities; and
                                        ``(cc) the financial ability to
                                    commence doing business immediately
                                    upon the approval of the petition.
                        ``(ii) An extension of the approval period under
                    clause (i) may not be granted until the importing
                    employer submits an application to the Secretary of
                    Homeland Security that contains--
                                ``(I) evidence that the importing employer
                            meets the requirements of this subsection;
                                ``(II) evidence that the beneficiary of the
                            petition is eligible for nonimmigrant status
                            under section 101(a)(15)(L);
                                ``(III) a statement summarizing the
                            original petition;
                                ``(IV) evidence that the importing employer
                            has fully complied with the business plan
                            submitted under clause (i)(I);
                                ``(V) evidence of the truthfulness of any
                            representations made in connection with the
                            filing of the original petition;
                                ``(VI) evidence that the importing
                            employer, for the entire period beginning on
                            the date on which the petition was approved
                            under clause (i), has been doing business at
                            the new office through regular, systematic, and
                            continuous provision of goods and services;
                                ``(VII) a statement of the duties the
                            beneficiary has performed at the new office
                            during the approval period under clause (i) and
                            the duties the beneficiary will perform at the
                            new office during the extension period granted
                            under this clause;
                                ``(VIII) a statement describing the
                            staffing at the new office, including the
                            number of employees and the types of positions
                            held by such employees;
                                ``(IX) evidence of wages paid to employees;
                                ``(X) evidence of the financial status of
                            the new office; and
                                ``(XI) any other evidence or data
                            prescribed by the Secretary.
                        ``(iii) A new office employing the beneficiary of
                    an l.--1 petition approved under this paragraph shall
                    do business only through regular, systematic, and
                    continuous provision of goods and services for the
                    entire period for which the petition is sought.
                        ``(iv) Notwithstanding clause (ii), and subject to
                    the maximum period of authorized admission set forth in
                    subparagraph (D), the Secretary of Homeland Security,
                    in the Secretary's discretion, may approve a
                    subsequently filed petition on behalf of the
                    beneficiary to continue employment at the office
                    described in this subparagraph for a period beyond the
                    initially granted 12-month period if the importing
                    employer has been doing business at the new office
                    through regular, systematic, and continuous provision
                    of goods and services for the 6 months immediately
                    preceding the date of extension petition filing and
                    demonstrates that the failure to satisfy any of the
                    requirements described in those subclauses was directly
                    caused by extraordinary circumstances, as determined by
                    the Secretary in the Secretary's discretion.''.

    SEC. 563. COOPERATION WITH SECRETARY OF STATE.

        Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
    1184(c)(2)), as amended by section 202, is further amended by adding at
    the end the following:
                        ``(H) For purposes of approving petitions under
                    this paragraph, the Secretary of Homeland Security
                    shall work cooperatively with the Secretary of State to
                    verify the existence or continued existence of a
                    company or office in the United States or in a foreign
                    country.''.

    SEC. 564. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST L-1
                  EMPLOYERS.

        Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
    1184(c)(2)), as amended by sections 202 and 203, is further amended by
    adding at the end the following:
                        ``(I)(i) The Secretary of Homeland Security may
                    initiate an investigation of any employer that employs
                    nonimmigrants described in section 101(a)(15)(L) with
                    regard to the employer's compliance with the
                    requirements of this subsection.
                        ``(ii) If the Secretary receives specific credible
                    information from a source who is likely to have
                    knowledge of an employer's practices, employment
                    conditions, or compliance with the requirements under
                    this subsection, the Secretary may conduct an
                    investigation into the employer's compliance with the
                    requirements of this subsection. The Secretary may
                    withhold the identity of the source from the employer,
                    and the source's identity shall not be subject to
                    disclosure under section 552 of title 5, United States
                    Code.
                        ``(iii) The Secretary shall establish a procedure
                    for any person desiring to provide to the Secretary
                    information described in clause (ii) that may be used,
                    in whole or in part, as the basis for the commencement
                    of an investigation described in such clause, to
                    provide the information in writing on a form developed
                    and provided by the Secretary and completed by or on
                    behalf of the person.
                        ``(iv) No investigation described in clause (ii)
                    (or hearing described in clause (vi) based on such
                    investigation) may be conducted with respect to
                    information about a failure to comply with the
                    requirements under this subsection, unless the
                    Secretary receives the information not later than 24
                    months after the date of the alleged failure.
                        ``(v) Before commencing an investigation of an
                    employer under clause (i) or (ii), the Secretary shall
                    provide notice to the employer of the intent to conduct
                    such investigation. The notice shall be provided in
                    such a manner, and shall contain sufficient detail, to
                    permit the employer to respond to the allegations
                    before an investigation is commenced. The Secretary is
                    not required to comply with this clause if the
                    Secretary determines that to do so would interfere with
                    an effort by the Secretary to investigate or secure
                    compliance by the employer with the requirements of
                    this subsection. There shall be no judicial review of a
                    determination by the Secretary under this clause.
                        ``(vi) If the Secretary, after an investigation
                    under clause (i) or (ii), determines that a reasonable
                    basis exists to make a finding that the employer has
                    failed to comply with the requirements under this
                    subsection, the Secretary shall provide the interested
                    parties with notice of such determination and an
                    opportunity for a hearing in accordance with section
                    556 of title 5, United States Code, not later than 120
                    days after the date of such determination. If such a
                    hearing is requested, the Secretary shall make a
                    finding concerning the matter by not later than 120
                    days after the date of the hearing.
                        ``(vii) If the Secretary, after a hearing, finds a
                    reasonable basis to believe that the employer has
                    violated the requirements under this subsection, the
                    Secretary shall impose a penalty under subparagraph
                    (L).
                        ``(viii)(I) The Secretary may conduct surveys of
                    the degree to which employers comply with the
                    requirements under this section.
                        ``(II) The Secretary shall--
                                ``(aa) conduct annual compliance audits of
                            not less than 1 percent of the employers that
                            employ nonimmigrants described in section
                            101(a)(15)(L) during the applicable fiscal
                            year;
                                ``(bb) conduct annual compliance audits of
                            each employer with more than 100 employees who
                            work in the United States if more than 15
                            percent of such employees are nonimmigrants
                            described in 101(a)(15)(L); and
                                ``(cc) make available to the public an
                            executive summary or report describing the
                            general findings of the audits carried out
                            pursuant to this subclause.''.

    SEC. 565. WAGE RATE AND WORKING CONDITIONS FOR L-1 NONIMMIGRANT.

        (a) In General.--Section 214(c)(2) of the Immigration and
    Nationality Act (8 U.S.C. 1184(c)(2)), as amended by section 202, 203,
    and 204, is further amended by adding at the end the following:
        ``(J)(i) An employer that employs a nonimmigrant described in
    section 101(a)(15)(L) for a cumulative period of time in excess of 1
    year shall--
                ``(I) offer such nonimmigrant, during the period of
            authorized employment, wages, based on the best information
            available at the time the application is filed, which are not
            less than the highest of--
                        ``(aa) the locally determined prevailing wage level
                    for the occupational classification in the area of
                    employment;
                        ``(bb) the median average wage for all workers in
                    the occupational classification in the area of
                    employment; and
                        ``(cc) the median wage for skill level 2 in the
                    occupational classification found in the most recent
                    Occupational Employment Statistics survey; and
                ``(II) provide working conditions for such nonimmigrant
            that will not adversely affect the working conditions of
            workers similarly employed.
        ``(ii) If an employer, in such previous period specified by the
    Secretary of Homeland Security, employed 1 or more such nonimmigrants,
    the employer shall provide to the Secretary of Homeland Security the
    Internal Revenue Service Form W-2 Wage and Tax Statement filed by the
    employer with respect to such nonimmigrants for such period.
        ``(iii) It is a failure to meet a condition under this subparagraph
    for an employer who has filed a petition to import 1 or more aliens as
    nonimmigrants described in section 101(a)(15)(L)--
                ``(I) to require such a nonimmigrant to pay a penalty for
            ceasing employment with the employer before a date mutually
            agreed to by the nonimmigrant and the employer; or
                ``(II) to fail to offer to such a nonimmigrant, during the
            nonimmigrant's period of authorized employment, on the same
            basis, and in accordance with the same criteria, as the
            employer offers to United States workers, benefits and
            eligibility for benefits, including--
                        ``(aa) the opportunity to participate in health,
                    life, disability, and other insurance plans;
                        ``(bb) the opportunity to participate in retirement
                    and savings plans; and
                        ``(cc) cash bonuses and noncash compensation, such
                    as stock options (whether or not based on performance).
        ``(iv) The Secretary of Homeland Security shall determine whether a
    required payment under clause (iii)(I) is a penalty (and not liquidated
    damages) pursuant to relevant State law.''.
        (b) Regulations.--The Secretary of Homeland Security shall
    promulgate rules, after notice and a period of comment, to implement
    the requirements of subparagraph (J) of section 214(c)(2) of the
    Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as added by
    subsection (a). In promulgating these rules, the Secretary shall take
    into consideration any special circumstances relating to intracompany
    transfers.

    SEC. 566. PENALTIES.

        Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
    1184(c)(2)), as amended by sections 202, 203, 204, and 205, is further
    amended by adding at the end the following:
        ``(K)(i) If the Secretary of Homeland Security finds, after notice
    and an opportunity for a hearing, a failure by an employer to meet a
    condition under subparagraph (F), (G), (J), or (L) or a
    misrepresentation of material fact in a petition to employ 1 or more
    aliens as nonimmigrants described in section 101(a)(15)(L)--
                ``(I) the Secretary shall impose such administrative
            remedies (including civil monetary penalties in an amount not
            to exceed $2,000 per violation) as the Secretary determines to
            be appropriate;
                ``(II) the Secretary may not, during a period of at least 1
            year, approve a petition for that employer to employ 1 or more
            aliens as such nonimmigrants; and
                ``(III) in the case of a violation of subparagraph (J) or
            (L), the employer shall be liable to the employees harmed by
            such violation for lost wages and benefits.
        ``(ii) If the Secretary finds, after notice and an opportunity for
    a hearing, a willful failure by an employer to meet a condition under
    subparagraph (F), (G), (J), or (L) or a willful misrepresentation of
    material fact in a petition to employ 1 or more aliens as nonimmigrants
    described in section 101(a)(15)(L)--
                ``(I) the Secretary shall impose such administrative
            remedies (including civil monetary penalties in an amount not
            to exceed $10,000 per violation) as the Secretary determines to
            be appropriate;
                ``(II) the Secretary may not, during a period of at least 2
            years, approve a petition filed for that employer to employ 1
            or more aliens as such nonimmigrants; and
                ``(III) in the case of a violation of subparagraph (J) or
            (L), the employer shall be liable to the employees harmed by
            such violation for lost wages and benefits.''.

    SEC. 567. PROHIBITION ON RETALIATION AGAINST L-1 NONIMMIGRANTS.

        Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
    1184(c)(2)), as amended by section 202, 203, 204, 205, and 206, is
    further amended by adding at the end the following:
        ``(L)(i) It is a violation of this subparagraph for an employer who
    has filed a petition to import 1 or more aliens as nonimmigrants
    described in section 101(a)(15)(L) to take, fail to take, or threaten
    to take or fail to take, a personnel action, or to intimidate,
    threaten, restrain, coerce, blacklist, discharge, or discriminate in
    any other manner against an employee because the employee--
                ``(I) has disclosed information that the employee
            reasonably believes evidences a violation of this subsection,
            or any rule or regulation pertaining to this subsection; or
                ``(II) cooperates or seeks to cooperate with the
            requirements of this subsection, or any rule or regulation
            pertaining to this subsection.
        ``(ii) In this subparagraph, the term `employee' includes--
                ``(I) a current employee;
                ``(II) a former employee; and
                ``(III) an applicant for employment.''.

    SEC. 568. TECHNICAL AMENDMENTS.

        Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
    1184(c)(2)) is amended by striking ``Attorney General'' each place it
    appears and inserting ``Secretary of Homeland Security''.

    SEC. 569. REPORTS ON L-1 NONIMMIGRANTS.

        Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C.
    1184(c)(8)) is amended by inserting ``(L),'' after ``(H),''.

    SEC. 570. APPLICATION.

        The amendments made by sections 201 through 207 shall apply to
    applications filed on or after the date of the enactment of this Act.

    SEC. 571. REPORT ON L-1 BLANKET PETITION PROCESS.

        (a) Requirement for Report.--Not later than 6 months after the date
    of the enactment of this Act, the Inspector General of the Department
    of Homeland Security shall submit to the appropriate committees of
    Congress a report regarding the use of blanket petitions under section
    214(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
    1184(c)(2)(A)). Such report shall assess the efficiency and reliability
    of the process for reviewing such blanket petitions, including whether
    the process includes adequate safeguards against fraud and abuse.
        (b) Appropriate Committees of Congress.--In this section the term
    ``appropriate committees of Congress'' means--
                (1) the Committee on Homeland Security and Governmental
            Affairs of the Senate;
                (2) the Committee on the Judiciary of the Senate;
                (3) the Committee on Homeland Security of the House of
            Representatives; and
                (4) the Committee on the Judiciary of the House of
            Representatives.

    SEC. 572. REQUIREMENTS FOR INFORMATION FOR H-1B AND L-1 NONIMMIGRANTS.

        Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184)
    is amended by adding at the end the following:
        ``(s) Requirements For Information For H-1B And L-1
    Nonimmigrants.--
                ``(1) In general.--Upon issuing a visa to an applicant for
            nonimmigrant status pursuant to subparagraph (H)(i)(b) or (L)
            of section 101(a)(15) who is outside the United States, the
            issuing office shall provide the applicant with--
                        ``(A) a brochure outlining the obligations of the
                    applicant's employer and the rights of the applicant
                    with regard to employment under Federal law, including
                    labor and wage protections;
                        ``(B) the contact information for appropriate
                    Federal agencies or departments that offer additional
                    information or assistance in clarifying such
                    obligations and rights; and
                        ``(C) a copy of the application submitted for the
                    nonimmigrant under section 212(n) or the petition
                    submitted for the nonimmigrant under subsection
                    (c)(2)(A), as appropriate.
                ``(2) Upon the issuance of a visa to an applicant referred
            to in paragraph (1) who is inside the United States, the
            issuing officer of the Department of Homeland Security shall
            provide the applicant with the material described in clauses
            (i), (ii), and (iii) of subparagraph (A).''.

                  CHAPTER 3--PROTECTION OF H-2B NONIMMIGRANTS

    SEC. 581. ENFORCEMENT OF FEDERAL LABOR LAWS RELATING TO H-2B
                  NONAGRICULTURAL GUEST WORKERS.

        (a) In General.--Section 214(c)(14) of the Immigration and
    Nationality Act (8 U.S.C. 1184(c)(14)) is amended--
                (1) in subparagraph (A), by striking ``of Homeland
            Security'' each place it appears and inserting ``of Labor'';
                (2) by striking subparagraph (B);
                (3) by redesignating subparagraphs (C) and (D) as
            subparagraphs (B) and (C), respectively; and
                (4) by adding at the end the following:
                        ``(D) The Secretary of Labor is authorized to take
                    such actions, including imposing appropriate penalties
                    and seeking appropriate injunctive relief and specific
                    performance of contractual obligations, as may be
                    necessary to assure employer compliance with the terms
                    and conditions required under this Act for employing
                    nonimmigrant workers described in section
                    101(a)(15)(H)(ii)(b), and as required under the
                    Increasing American Wages and Benefits Act of 2007. The
                    authority of the Secretary of Labor under this
                    subparagraph shall not preempt any other rights which
                    affected persons may have under Federal or State law.
                        ``(E) Any aggrieved person whose wages or working
                    conditions have been directly and adversely affected by
                    an employer in violation of applicable laws and
                    regulations governing the employment of nonimmigrant
                    workers described in section 101(a)(15)(H)(ii)(b), or
                    by a violation of the terms and conditions of
                    employment, may bring a civil action against such
                    employer in the appropriate district court of the
                    United States. Such cause of action shall not be
                    subject to exhaustion of administrative remedies and
                    shall be in addition to any other causes of action and
                    remedies that may exist.
                        ``(F) Notwithstanding any other provision of law,
                    the Legal Services Corporation may provide legal
                    services on behalf of nonimmigrant workers described in
                    section 101(a)(15)(H)(ii)(b) regarding the terms and
                    conditions of employment, transportation, and housing
                    and other provisions of law applicable to the
                    employment of such nonimmigrants.''.
        (b) Report.--Section 214(g)(10) of the Immigration and Nationality
    Act (8 U.S.C. 1184(g)(10)) is amended--
                (1) by inserting ``(A)'' after ``(10)''; and
                (2) by adding at the end the following:
                        ``(B) Each employer that hires a nonimmigrant
                    worker described in section 101(a)(15)(H)(ii)(b)
                    shall--
                                ``(i) notify the Secretary of Labor not
                            later than 30 days after the conclusion of each
                            such nonimmigrant's term of employment; and
                                ``(ii) submit to the Secretary of Labor
                            employment payroll records and similar
                            documentation showing that the employer paid
                            the required prevailing wage and
                            transportation, and other expenses required
                            under this section and section 212.''.

    SEC. 582. RECRUITMENT OF UNITED STATES WORKERS.

        Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182)
    is amended--
                (1) in subsection (p)(3), by striking ``(a)(5)(A),
            (n)(1)(A)(i)(II),'' and inserting ``(n)(1)(A)(i)(II)'';
                (2) by redesignating subsection (t) (as added by section
            1(b)(2)(B) of Public Law 108-449) as subsection (u); and
                (3) by adding at the end the following:
        ``(v)(1) Except as provided under paragraph (5), an employer that
    seeks to employ an alien described in section 101(a)(15)(H)(ii)(b)
    (referred to in this subsection as an `H-2B nonimmigrant') shall take
    the following steps to recruit United States workers for the position
    for which the alien is sought not later than 14 days before filing an
    application under paragraph (3):
                ``(A) The employer shall submit a copy of the job offer,
            including a description of the wages and other terms and
            conditions of employment, to the State Workforce Agency that
            serves the area of employment in the State in which the
            employer is located (referred to in this subsection as the
            `SWA'). The SWA shall provide the employer with an
            acknowledgment of receipt of such documentation in accordance
            with this paragraph.
                ``(B) The employer shall authorize the SWA to post the job
            opportunity on the Internet through the web site for `America's
            Job Bank', with local job banks, and with unemployment agencies
            and other labor referral and recruitment sources pertinent to
            such job opportunity.
                ``(C) The employer shall authorize the SWA to provide
            notification of the job opportunity, and the SWA shall
            designate that these are job opportunities for which H-2B visas
            have been requested, to--
                        ``(i) the central office of the State Federation of
                    Labor in the State in which the job is located; and
                        ``(ii) the office of the local union which
                    represents the employees in the same or substantially
                    equivalent job classification, if applicable.
                ``(D) The employer shall post the availability of the job
            opportunity for which the employer is seeking a worker in
            conspicuous locations at the place of employment for all
            employees to see.
                ``(E) The employer shall advertise the availability of the
            job opportunity for which the employer is seeking a worker in a
            publication with the highest circulation in the labor market
            that is likely to be patronized by a potential worker for at
            least 5 consecutive days.
                ``(F) Based on recommendations by the local job service,
            the employer shall advertise the availability of the job
            opportunity in professional, trade, or local minority and
            ethnic publications that are likely to be patronized by a
            potential worker.
        ``(2) An employer that seeks to employ an H-2B nonimmigrant shall--
                ``(A) first offer the job to any eligible United States
            worker who--
                        ``(i) applies;
                        ``(ii) is qualified for the job; and
                        ``(iii) is available at the time of need; and
                ``(B) maintain, for at least 3 years after the employment
            relation is terminated, documentation of recruitment efforts
            and responses conducted and received before filing an
            application with the Department of Labor, including--
                        ``(i) resumes;
                        ``(ii) applications; and
                        ``(iii) tests of United States workers who applied
                    and were not hired for the job the employer seeks to
                    fill with a nonimmigrant worker, if applicable.
        ``(3) An employer that seeks to hire an H-2B nonimmigrant shall
    submit an application to the Secretary of Labor that includes a
    certification, under penalty of perjury, that--
                ``(A) the employer has not made a job offer to a United
            States worker, which imposed restrictions or obligations that
            will not be imposed on an H-2B nonimmigrant;
                ``(B) the employer has complied with the recruitment
            requirements under paragraph (1);
                ``(C) the employer will offer an H-2B nonimmigrant not less
            than the same benefits and working conditions provided to
            United States workers similarly employed in the same
            occupational classification at the same actual place of
            employment in addition to paying an H-2B nonimmigrant a
            prevailing wage rate not less than the wage rate offered to
            United States workers;
                ``(D) there is currently no strike, lockout, or labor
            dispute (as defined in section 2(9) of the Labor-Management
            Relations Act (29 U.S.C. 152(9)), at the same place of
            employment, which affects employees in the same occupational
            classification in which an H-2B nonimmigrant will be employed;
                ``(E) the employer will comply with all applicable laws and
            regulations relating to the right of workers to join or
            organize a union (including rights protected under section 7 of
            the Labor-Management Relations Act (29 U.S.C. 157));
                ``(F) the employer has--
                        ``(i) provided notice of the filing of an
                    application to the bargaining representative of
                    employees, if any, working in the same occupational
                    classification at the place of employment as an H-2B
                    nonimmigrant who the employer intends to employ; or
                        ``(ii) if there is no such bargaining
                    representative, posted notice of filing such
                    application in conspicuous locations at the place of
                    employment for all employees to see for not fewer than
                    14 business days; and
                ``(G) the requirements applicable to the job, which the
            employer intends to hire an H-2B nonimmigrant to perform,
            represent the actual minimum requirements applicable to that
            job and the employer will not hire an H-2B nonimmigrant to
            perform the job who has less training or experience than the
            employer's other employees.
        ``(4)(A) An employer that applies to hire an H-2B nonimmigrant
    shall hire any qualified United States worker who applies for the job
    for which such nonimmigrant was intended to be employed if such United
    States worker applies before the date that is 30 days before the date
    on which the last such H-2B nonimmigrant is scheduled to begin work for
    such employer.
        ``(B) The Secretary of Labor, through the workforce agency of a
    State, as appropriate, shall provide information about applications for
    H-2B nonimmigrants, including information about domestic workers who
    apply for jobs but are not hired, to a United States worker, nonprofit
    organization, or union not later than 48 hours after such worker,
    organization, or union requests such information.''.

    SEC. 583. PREVAILING WAGES FOR UNITED STATES WORKERS AND H-2B WORKERS.

        Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182),
    as amended by section 102, is further amended by adding at the end the
    following:
        ``(w)(1) No alien may be admitted or provided status as a
    nonimmigrant under section 101(a)(15)(H)(ii)(b) in an occupational
    classification unless the Secretary of Labor certifies that the
    employer--
                ``(A) is offering and will offer during the period of
            authorized employment to aliens admitted or provided such
            status the wage rate set forth in the collective bargaining
            agreement, if the job opportunity is covered by a collective
            bargaining agreement;
                ``(B) if the job opportunity is not covered by a collective
            bargaining agreement, the wage the employer is offering and
            will offer, to any alien or United States worker employed by or
            offered employment by the employer, during the period of
            authorized employment for aliens admitted or provided such
            status, wages that are not less than the higher of--
                        ``(i) the wage determination, if any, issued
                    pursuant to subchapter IV of chapter 31 of title 40,
                    United States Code (commonly known as the `Davis-Bacon
                    Act');
                        ``(ii) the wage determination, if any, issued
                    pursuant to the Service Contract Act of 1965 (41 U.S.C.
                    351 et seq.);
                        ``(iii) the median rate of the highest 66 percent
                    of the wage data applicable to such occupational
                    classification under the most recently published
                    Occupational Employment Statistics Survey, compiled by
                    the Bureau of Labor Statistics; or
                        ``(iv) a wage that is not less than 150 percent of
                    the Federal minimum wage in effect under the Fair Labor
                    Standards Act (29 U.S.C. 201 et seq.); and
                ``(C) will provide working conditions for such alien that
            will not adversely affect the working conditions of workers
            similarly employed.
        ``(2) An employer may not appeal a decision of the Secretary of
    Labor concerning the wages required to be paid under paragraph (1)(A)
    unless United States workers and their labor representatives are given
    the opportunity to submit contrary evidence or appeal that such
    required wages are too low.
        ``(3) An employer may not hire a nonimmigrant described in section
    101(a)(15)(H)(ii)(b) unless--
                ``(A) real prevailing wages in the occupational
            classification in which such nonimmigrant is to be hired are at
            least 3 percent higher than such wages during the preceding
            year under the Occupational Employment Statistics Survey
            compiled by the Bureau of Labor Statistics; or
                ``(B) the employer offers to pay the H-2B worker or a
            United States worker a wage in the occupational classification
            in which such worker is to be hired that is at least 3 percent
            higher during the preceding year, after adjusting for inflation
            under the Occupational Employment Survey.''.

    SEC. 584. CERTIFICATION REQUIREMENT.

        Section 214(c)(14) of the Immigration and Nationality Act, as
    amended by section 101, is further amended by adding at the end the
    following:
        ``(G) A petition by an employer seeking to hire an alien described
    in section 101(a)(15)(H)(ii)(b) shall not be approved until the
    employer has provided written certification, under penalty of perjury,
    to the Secretary of Labor that--
                ``(i) the employer has not been required under law to
            provide a notice of a mass layoff pursuant to the Worker
            Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
            seq.) during the 12-month period immediately preceding the date
            on which the alien is to be hired; and
                ``(ii) the employer does not intend to provide a notice of
            a mass layoff pursuant to such Act.
        ``(H) If an employer is required under law to provide a notice of a
    mass layoff pursuant to such Act after hiring nonimmigrants granted
    status under section 101(a)(15)(H)(ii)(b), the status of such
    nonimmigrants shall expire on the date that is 60 days after the date
    on which such notice is provided.
        ``(I) An employer shall be exempt from the requirements under
    subparagraphs (G) and (H) if the employer provides written
    certification, under penalty of perjury, that the total number of the
    employer's employees in the United States will not be reduced as a
    result of a mass layoff.''.

    SEC. 585. PROTECTIONS FOR WORKERS.

        Section 214(c)(14) of the Immigration and Nationality Act, as
    amended by section 104, is further amended by adding at the end the
    following:
                        ``(J) Employers who hire nonimmigrants described in
                    section 101(a)(15)(H)(ii)(b) shall reimburse the
                    nonimmigrants for the reasonable transportation costs
                    incurred by such nonimmigrants and United States
                    workers to initially reach the job site and, once the
                    period of employment for the job opportunity is
                    completed, to return to their countries of origin or to
                    the next place of employment, if the worker has
                    contracted with a subsequent employer who has not
                    agreed to provide or pay for the worker's
                    transportation to such subsequent employer's place of
                    employment. The amount of reimbursement for such
                    transportation expenses shall not exceed the lesser
                    of--
                                ``(i) the actual cost to the worker or
                            alien of the transportation and subsistence
                            involved; or
                                ``(ii) the most economical and reasonable
                            common carrier transportation charges and
                            subsistence costs for the distance involved.
                        ``(K)(i) Employers who hire nonimmigrants described
                    in section 101(a)(15)(H)(ii)(b) shall guarantee to
                    offer the worker employment for at least 75 percent of
                    the workdays of the total periods during which the work
                    contract and all extensions of such contract are in
                    effect, beginning with the first workday after the
                    arrival of the worker at the place of employment and
                    ending on the expiration date specified in the work
                    contract or in its extensions, if any.
                        ``(ii) If the employer affords a worker during the
                    total work contract period less employment than that
                    required under this subparagraph, the employer shall
                    pay the worker the amount which the worker would have
                    earned had the worker worked for the guaranteed number
                    of days.
                        ``(iii) In this subparagraph, the term `workday'--
                                ``(I) means a day in which the worker is
                            offered the number of hours stated in the job
                            order; and
                                ``(II) excludes the worker's Sabbath and
                            Federal holidays.
                        ``(iv) A work guarantee does not meet the
                    requirements under this subparagraph unless the number
                    of hours of work offered by the employer is equal to
                    not less than the product of--
                                ``(I) 75 percent of the workdays;
                            multiplied by
                                ``(II) the average number of hours per day
                            stated in the job order.
                        ``(v) A worker may be offered more than the
                    specified hours of work on a single workday.
                        ``(vi) The employer may not require, for purposes
                    of meeting the work guarantee, that the worker work
                    longer than the number of hours specified in the job
                    order on a workday, the worker's Sabbath, or a Federal
                    holiday.
                        ``(L) If the job opportunity is not covered by the
                    State workers' compensation law, the employer will
                    provide, at no cost to the worker, insurance covering
                    injury and disease arising out of, and in the course
                    of, the worker's employment which will provide benefits
                    at least equal to those provided under the State's
                    workers' compensation law for comparable employment.''.

    SEC. 586. PETITIONS BY EMPLOYERS THAT HAVE SIGNED LABOR AGREEMENTS WITH
                  UNIONS THAT OPERATE HIRING HALLS.

        Section 212(v) of the Immigration and Nationality Act, as added by
    section 102, is amended by adding at the end the following:
                ``(5) An employer that seeks to hire an H-2B nonimmigrant
            may file an application with the Secretary of Labor in
            accordance with this paragraph, instead of complying with
            paragraphs (1) through (4), if--
                        ``(A) the employer has signed a labor agreement
                    with a labor organization (as defined in section 2(5)
                    of the Labor-Management Relations Act (29 U.S.C.
                    152(5)) under which the labor organization is
                    responsible for referring applicants for employment to
                    the employer under a procedure commonly known as a
                    `hiring hall' or `referral hall'; and
                        ``(B) the application is accompanied by a written
                    statement prepared by the labor organization attesting
                    that--
                                ``(i) the labor organization operates a
                            hiring hall that, pursuant to contractual
                            agreement and actual practice, is a source of
                            employees in the same or substantially
                            equivalent occupational classification in which
                            the employer seeks to employ an H-2B
                            nonimmigrant;
                                ``(ii) the labor organization does not have
                            a sufficient number of qualified applicants
                            available for referral in the same or
                            substantially equivalent occupational
                            classification in which the employer seeks to
                            employ an H-2B nonimmigrant;
                                ``(iii) the labor organization has
                            advertised, for at least 5 consecutive days,
                            the availability of the job opportunity for
                            which the employer is seeking to employ an H-2B
                            nonimmigrant in the publication with the
                            highest circulation in the labor market that is
                            likely to be patronized by potential
                            applicants;
                                ``(iv) the employer is contractually
                            obligated to pay all employees, in the same or
                            substantially equivalent occupational
                            classification in which the employer seeks to
                            employ an H-2B nonimmigrant, wages and benefits
                            set forth in a labor agreement with the labor
                            organization, which equals or exceeds the
                            prevailing wage rate the employer would be
                            obligated to pay; and
                                ``(v) the H-2B nonimmigrants who the
                            employer seeks to employ will be paid not less
                            than the same wages and benefits and be subject
                            to the same terms and conditions of employment
                            set forth in the employer's labor agreement
                            with the labor organization.''.

    SEC. 587. H-2B NONIMMIGRANT LABOR CERTIFICATION APPLICATION FEES.

        (a) Establishment of Fees.--Section 212(a)(5)(A) of the Immigration
    and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding the
    following:
                                ``(v) Establishment of h-2b employment
                            certification application fee.--
                                        ``(I) In general.--The Secretary of
                                    Labor shall impose a fee on an employer
                                    that submits an application for an
                                    employment certification for aliens
                                    granted nonimmigrant status under
                                    section 101(a)(15)(H)(ii)(b) to the
                                    Secretary of Labor under this
                                    subparagraph on or after the date that
                                    is 30 days after the date of enactment
                                    of the Increasing American Wages and
                                    Benefits Act of 2007.
                                        ``(II) Fee during initial year.--
                                    During the period beginning 30 days
                                    after the date of enactment of the
                                    Increasing American Wages and Benefits
                                    Act of 2007 and ending 1 year after
                                    such date, the fee imposed under
                                    subclause (I) shall be $800 for each
                                    application.
                                        ``(III) Fee after initial year.--
                                    After the date that is one year after
                                    the date of enactment of the Increasing
                                    American Wages and Benefits Act of
                                    2007, the fee imposed under subclause
                                    (I) shall be set at a level the
                                    Secretary of Labor determines will
                                    ensure recovery of the full costs of
                                    carrying out labor certification
                                    activities under this subparagraph and
                                    will recover any additional costs
                                    associated with the administration of
                                    the fees collected.
                                        ``(IV) Prohibition on employer
                                    accepting reimbursement of fee.--
                                                ``(aa) In general.--An
                                            employer subject to a fee under
                                            this clause shall not require
                                            or accept reimbursement,
                                            directly or indirectly, of or
                                            other compensation for all or
                                            part of the cost of such fee.
                                                ``(bb) Civil penalty.--If
                                            the Secretary of Labor
                                            determines, after notice and
                                            opportunity for a hearing, that
                                            a violation of item (aa) has
                                            occurred, the Secretary of
                                            Labor may impose a civil
                                            penalty in an amount not to
                                            exceed $5,000 per violation.
                                        ``(V) Deposit of fees and
                                    penalties.--Fees and civil penalties
                                    collected under this clause shall be
                                    deposited in the `H-2B Employment
                                    Certification Application Fee Account'
                                    established under section 286(x).''.
        (b) Establishment of Account and Use of Fund.--Section 286 of the
    Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at
    the end the following:
        ``(x) H-2B Employment Certification Application Fee Account.--
                ``(1) Establishment of account.--There is established in
            the general fund of the Treasury a separate account, which
            shall be known as the `H-2B Employment Certification
            Application Fee Account'. Notwithstanding any other provision
            of this title, there shall be deposited as offsetting receipts
            into the account all amounts from the fees and civil penalties
            collected under section 212(a)(5)(A)(v).
                ``(2) Use of fees.--Of the amounts deposited into the H-2B
            Employment Certification Application Fee Account under this
            subsection in each fiscal year, the Secretary of Labor shall
            use such amounts as the Secretary of Labor determines are
            necessary for the costs of Federal administration, including
            personnel, in carrying out labor certification activities under
            section 212(a)(5)(A), and to assist the States, as appropriate,
            in the determination of prevailing wages for purposes of
            carrying out such section.
                ``(3) Availability of funds.--The fees deposited into the
            H-2B Employment Certification Application Fee Account under
            this subsection shall remain available until expended for the
            activities described in paragraph (2).''.
        (c) Program Integrity.--Section 212(a)(5)(A) of the Immigration and
    Nationality Act (8 U.S.C. 1182(a)(5)(A)), as amended by subsection (a),
    is further amended by adding at the end the following:
                                ``(vi) Program integrity regulations.--The
                            Secretary of Labor may prescribe such
                            regulations as may be necessary to ensure the
                            integrity of the labor certification process
                            carried out under this subparagraph. Such
                            regulations may include standards and
                            procedures under which employers and their
                            representatives are excluded from participation
                            in the labor certification process under this
                            subparagraph.''.

                CHAPTER 4--ADJUSTMENTS TO THE EB-5 VISA PROGRAM

    SEC. 591. PERMANENT REAUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM;
                  APPLICATION FEE.

        (a) In General.--Section 610 of the Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies Appropriations
    Act, 1993 (8 U.S.C. 1153 note) is amended--
                (1) by striking ``pilot'' each place it appears;
                (2) in subsection (b), by striking ``for 15 years''; and
                (3) by adding at the end the following:
        ``(e) In addition to any other fees authorized by law, the
    Secretary of Homeland Security shall impose a fee of $2,500 to apply
    for designation as a regional center under this section. Fees collected
    under this subsection shall be deposited in the Treasury in accordance
    with section 286(y) of the Immigration and Nationality Act (8 U.S.C.
    1356(y)).''.
        (b) Establishment of Account; Use of Fees.--Section 286 of the
    Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at
    the end the following:
        ``(y) Immigrant Entrepreneur Regional Center Account.--
                ``(1) In general.--There is established in the general fund
            of the Treasury a separate account, which shall be known as the
            `Immigrant Entrepreneur Regional Center Account'.
            Notwithstanding any other provision of law, there shall be
            deposited as offsetting receipts into the account all fees
            collected under section 610(b) of the Departments of Commerce,
            Justice, and State, the Judiciary, and Related Agencies
            Appropriations Act, 1993 (8 U.S.C. 1153 note) and any fees
            collected in connection with forms I-526 or I-829.
                ``(2) Use of fees.--Fees collected under this section may
            only be used by the Secretary of Homeland Security to
            administer and operate the employment creation program
            described in section 203(b)(5).''.
        (c) Rulemaking.--Not later than 120 days after the date of the
    enactment of this Act, the Secretary of Homeland Security shall
    prescribe regulations to implement the amendments made by this section.
        (d) Effective Date.--The amendments made by subsections (a)(3) and
    (b) shall take effect on the effective date of the regulations
    prescribed pursuant to subsection (c). The remaining amendments made by
    this section shall take effect on the date of the enactment of this
    Act.

    SEC. 592. PREMIUM PROCESSING FEE FOR EB-5 IMMIGRANT INVESTORS.

        Section 286(u) of the Immigration and Nationality Act (8 U.S.C.
    1356(u)) is amended by adding at the end the following: ``In the case
    of a petition filed under section 204(a)(1)(H) for classification under
    section 203(b)(5), if the petitioner desires a guarantee of a decision
    on the petition in 60 days or less, the premium fee under this
    subsection shall be set at $2,500 and shall be deposited as offsetting
    receipts in the Immigrant Entrepreneur Regional Center Account
    established under subsection (y).''.

    SEC. 593. CONCURRENT FILING OF EB-5 PETITIONS AND APPLICATIONS FOR
                  ADJUSTMENT OF STATUS.

        Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255)
    is amended by adding at the end the following:
        ``(n) If, at the time a petition is filed for classification
    through a regional center under section 203(b)(5), approval of the
    petition would make a visa immediately available to the alien
    beneficiary, the alien beneficiary's adjustment application under this
    section shall be considered to be properly filed whether the
    application is submitted concurrently with, or subsequent to, the visa
    petition.''.

    SEC. 594. IMPROVED SET-ASIDE FOR TARGETED EMPLOYMENT AREAS.

        Section 203(b)(5)(B) of the Immigration and Nationality Act (8
    U.S.C. 1153(b)(5)(B)) is amended as follows:
                (1) Targeted employment area defined.--Clause (ii) is
            amended to read as follows:
                                ``(ii) Targeted employment area defined.--
                            In this paragraph, the term `targeted
                            employment area' means, at the time a petition
                            for classification under this paragraph is
                            filed, any of the following:
                                        ``(I) A rural area.
                                        ``(II) An area that has experienced
                                    high unemployment (of at least 150
                                    percent of the national average rate).
                                        ``(III) A county that has had a 20
                                    percent or more decrease in population
                                    since 1970.
                                        ``(IV) An area that is within the
                                    boundaries established for purposes of
                                    a State or Federal economic development
                                    incentive program, including areas
                                    defined as Enterprise Zones, Renewal
                                    Communities and Empowerment Zones.
                                        ``(V) An area designated by a State
                                    agency to which the Governor has
                                    delegated the authority to designate
                                    targeted employment areas within the
                                    State.''.
                (2) Rural area defined.--Clause (iii) is amended by
            striking ``other than an area within a metropolitan statistical
            area or''.
                (3) Effect of prior determination.--Such section is amended
            by adding at the end the following:
                                ``(iv) Effect of prior determination.--In a
                            case in which a geographic area is determined
                            under clause (ii) to be a targeted employment
                            area, such determination shall remain in effect
                            during the 2-year period beginning on the date
                            of the determination for purposes of any alien
                            seeking a visa reserved under this
                            subparagraph.''.

    SEC. 595. SET-ASIDE OF VISAS FOR REGIONAL CENTER PROGRAM.

        Section 610(b) of the Departments of Commerce, Justice, and State,
    the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C.
    1153 note) is amended by striking ``3,000'' and inserting ``10,000''.

    SEC. 596. EXTENSION.

        Subparagraph (A) of section 216A(d)(2) of the Immigration and
    Nationality Act (8 U.S.C. 1186b(d)(2)(A)) is amended by adding at the
    end the following: ``A date specified by the applicant (but not later
    than the fourth anniversary) shall be substituted for the second
    anniversary in applying the preceding sentence if the applicant
    demonstrates that the applicant has attempted to follow his business
    model in good faith, provides an explanation for the delay in filing
    the petition that is based on circumstances outside of the applicant's
    control, and demonstrates that such circumstances will be able to be
    resolved within the specified period.''.

    SEC. 597. STUDY.

        (a) In General.--The Secretary of the Department of Homeland
    Security, in appropriate consultation with the Secretary of Commerce
    and other interested parties, shall conduct a study concerning the
    following:
                (1) Current job creation counting methodology and initial
            projections under section 203(b)(5) of the Immigration and
            Nationality Act (8 U.S.C. 1153(b)(5)).
                (2) How best to promote the employment creation program
            described in such section overseas to potential immigrant
            investors.
        (b) Report.--The Secretary of Homeland Security shall submit a
    report to the Congress not later than 1 year after the date of the
    enactment of this Act containing the results of the study conducted
    under subsection (a).

    SEC. 598. FULL-TIME EQUIVALENTS.

        (a) In General.--Section 203(b)(5)(A)(ii) of the Immigration and
    Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting
    ``(or full-time equivalent)'' after ``full-time''.
        (b) Definition.--Section 203(b)(5)(D) of such Act (8 U.S.C.
    1153(b)(5)(D)) is amended to read as follows:
                        ``(D) Employment-related definitions.--
                                ``(i) Full-time employment defined.--In
                            this paragraph, the term `full-time employment'
                            means employment in a position that requires at
                            least 35 hours of service per week at any time,
                            regardless of who fills the position.
                                ``(ii) Full-time equivalent employment
                            defined.--In this paragraph, the term `full-
                            time equivalent employment' means employment
                            representing the number of full-time employees
                            that could have been employed if the reported
                            number of hours worked by part-time employees
                            had been worked by full-time employees. This
                            shall be calculated by dividing the part-time
                            hours paid by the standard number of hours for
                            full-time employees.''.

    SEC. 599. ELIGIBILITY FOR ADJUSTMENT OF STATUS.

        Section 245(k) of the Immigration and Nationality Act (8 U.S.C.
    1255(k)) is amended, in the matter preceding paragraph (1), by striking
    ``(1), (2), or (3)'' and inserting ``(1), (2), (3), or (5)''.

    SEC. 599A. EXPANSION OF EB-5 ELIGIBILITY TO INCLUDE QUALIFIED
                  IMMIGRANTS WHO COMPLETE INVESTMENT AGREEMENTS.

        (a) Changes to Investment Criteria.--Section 203(b)(5)(A) of the
    Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)) is amended--
                (1) in the matter preceding clause (i), by striking
            ``partnership)--'' and inserting ``partnership) as follows:''
                (2) in clause (i)--
                        (A) by striking ``(i) in which'' and inserting the
                    following:
                                ``(i) A new commercial enterprise--
                                        ``(I) in which'';
                        (B) by striking ``, and'' at the end and inserting
                    a semicolon; and
                        (C) by adding at the end the following:
                                        ``(II) with respect to which such
                                    alien has completed an investment
                                    agreement with a qualified venture
                                    capital operating company for an
                                    investment in the enterprise of an
                                    amount not less than the amount
                                    specified in subparagraph (C); or
                                        ``(III) with respect to which such
                                    alien has completed an investment
                                    agreement with 1 or more angel
                                    investors for an investment in the
                                    enterprise of an amount not less than
                                    the amount specified in subparagraph
                                    (C).''; and
                (3) in clause (ii)--
                        (A) by striking ``(ii) which will'' and inserting
                    the following:
                                ``(ii) In the case of an enterprise--
                                        ``(I) described in clause (i)(I),
                                    which will'';
                        (B) by striking the period at the end and inserting
                    ``; or''; and
                        (C) by adding at the end the following:
                                        ``(II) described in subparagraph
                                    (II) or (III) of clause (i), which will
                                    benefit the United States economy and
                                    create full-time employment for not
                                    fewer than 5 United States citizens or
                                    aliens lawfully admitted for permanent
                                    residence or other immigrants lawfully
                                    authorized to be employed in the United
                                    States (other than the immigrant and
                                    the immigrant's spouse, sons, or
                                    daughters).''.
        (b) Changes to Capital Requirements.--Section 203(b)(5)(C)(i) of
    such Act (8 U.S.C. 1153(b)(5)(C)(i)) is amended by inserting after
    ``$1,000,000'' the following: ``in the case of an enterprise described
    in subparagraph (A)(i)(I), $500,000 in the case of an enterprise
    described in subparagraph (A)(i)(II), and $500,000 in the case of an
    enterprise described in subparagraph (A)(i)(III)''.
        (c) Definitions.--Section 203(b)(5) of such Act (8 U.S.C.
    1153(b)(5)) is amended by adding at the end the following:
                        ``(E) Qualified venture capital operating company
                    defined.--In this paragraph, the term `qualified
                    venture capital operating company' means an entity
                    that--
                                ``(i) is registered under the Investment
                            Company Act of 1940 (15 U.S.C. 80a-1 et seq.);
                            or
                                ``(ii) is an investment company, as defined
                            in subsection (a)(1) of section 3 of such Act
                            (15 U.S.C. 80a-3), that is exempt from
                            registration under subsection (c)(1) or (c)(7)
                            of such section, is not registered, and--
                                        ``(I) is organized or incorporated,
                                    and domiciled, in the United States,
                                    and the majority ownership of which is
                                    composed of United States citizens or
                                    aliens lawfully admitted to the United
                                    States for permanent residence; or
                                        ``(II) is owned or controlled by an
                                    entity that is organized or
                                    incorporated, and domiciled, in the
                                    United States, and the majority
                                    ownership of that entity is composed of
                                    United States citizens or aliens
                                    lawfully admitted to the United States
                                    for permanent residence.
                        ``(F) Angel investor defined.--In this paragraph,
                    the term `angel investor' means--
                                ``(i) any individual who is a United States
                            citizen or an alien lawfully admitted to the
                            United States for permanent residence, or any
                            entity wholly owned and controlled by United
                            States citizens or aliens lawfully admitted to
                            the United States for permanent residence; or
                                ``(ii) any entity that has made at least 5
                            angel investments totaling at least $500,000
                            during the 3 years preceding the completion of
                            an investment agreement described in
                            subparagraph (A)(i)(III).
                        ``(G) Angel investment.--In this paragraph, the
                    term `angel investment' means an investment made in a
                    commercial enterprise that, prior to such investment,
                    was not owned or controlled by--
                                ``(i) the investor;
                                ``(ii) any member of the immediate family
                            of the investor; or
                                ``(iii) any entity owned or controlled by
                            any member of the immediate family of the
                            investor.''.
        (d) Conforming Amendments to Conditional Permanent Status
    Provisions.--
                (1) Termination of status if finding that qualifying
            entrepreneurship improper.--Section 216A(b)(1)(B) of such Act
            (8 U.S.C. 1186b(b)(1)(B)) is amended to read as follows:
                        ``(B)(i) the alien--
                                ``(I) did not invest, or was not actively
                            in the process of investing, the requisite
                            capital described in section
                            203(b)(5)(A)(i)(I), or was not sustaining such
                            actions throughout the period of the alien's
                            residence in the United States; or
                                ``(II) did not complete an investment
                            agreement described in subclause (II) or (III)
                            of section 203(b)(5)(A)(i), or such agreement
                            was not carried out or was not actively in the
                            process of being carried out; or
                        ``(ii) the commercial enterprise did not--
                                ``(I) create the minimum number of jobs
                            required to be created under section
                            203(b)(5)(A)(ii); or
                                ``(II) generate a profit and at least
                            $1,000,000 in revenue; or''.
                (2) Contents of petition.--Section 216A(d)(1) of such Act
            (8 U.S.C. 1186b(d)(1)) is amended--
                        (A) in the matter preceding subparagraph (A), by
                    striking ``that the alien--'' and inserting ``that--'';
                        (B) by amending subparagraph (A) to read as
                    follows:
                        ``(A)(i) the alien--
                                ``(I) invested, or was actively in the
                            process of investing, the requisite capital
                            described in section 203(b)(5)(A)(i)(I), and
                            sustained such actions throughout the period of
                            the alien's residence in the United States; or
                                ``(II) completed an investment agreement
                            described in subclause (II) or (III) of section
                            203(b)(5)(A)(i), and such agreement was carried
                            out or was actively in the process of being
                            carried out; and
                        ``(ii) the commercial enterprise--
                                ``(I) created the minimum number of jobs
                            required to be created under section
                            203(b)(5)(A)(ii); or
                                ``(II) generated a profit and at least
                            $1,000,000 in revenue; and''; and
                        (C) in subparagraph (B), by inserting ``the alien''
                    before ``is otherwise''.

                           CHAPTER 5--EFFECTIVE DATE

    SEC. 599B. APPLICATION.

        Except as specifically otherwise provided, the amendments made by
    this title shall apply to applications filed on or after the date of
    the enactment of this Act.

                     TITLE VI--INTEGRATION OF NEW AMERICANS

                       Subtitle A--Citizenship Promotion

    SEC. 601. IMMIGRATION SERVICE FEES.

        (a) In General.--Subsection (m) of section 286 of the Immigration
    and Nationality Act (8 U.S.C. 1356(m)) is amended to read as follows:
        ``(m) Immigration Service Fees.--
                ``(1) In general.--Except as provided in paragraph (2) and
            notwithstanding any other provision of law, all adjudication
            fees as are designated by the Secretary of Homeland Security in
            regulations shall be deposited as offsetting receipts into a
            separate account entitled `Immigration Examinations Fee
            Account' in the Treasury of the United States, whether
            collected directly by the Secretary or through clerks of
            courts.
                ``(2) Virgin islands and guam.--All fees received by the
            Secretary of Homeland Security from applicants residing in the
            Virgin Islands of the United States, or in Guam, under this
            subsection shall be paid over to the treasury of the Virgin
            Islands or to the treasury of Guam, respectively.
                ``(3) Fees for immigration services.--
                        ``(A) In general.--Subject to subparagraph (B), the
                    Secretary of Homeland Security may set fees for
                    providing immigration services at a level that will--
                                ``(i) ensure recovery of the full costs of
                            providing such services, or a portion thereof,
                            including the costs of similar services
                            provided without charge to asylum applicants or
                            other immigrants; and
                                ``(ii) recover the full cost of
                            administering the collection of fees under this
                            paragraph, or a portion thereof.
                        ``(B) Report requirement.--The Secretary of
                    Homeland Security may not increase any fee under this
                    paragraph above the level of such fee on the day before
                    the date of the introduction of the Citizenship
                    Promotion Act of 2009, until--
                                ``(i) the Secretary submits to the
                            Committee on the Judiciary of the Senate and
                            the Committee on the Judiciary of the House of
                            Representatives a report that--
                                        ``(I) identifies the direct and
                                    overhead costs associated with
                                    providing immigration services, and
                                    distinguishes such costs from
                                    immigration enforcement and national
                                    security costs;
                                        ``(II) identifies the costs
                                    allocable to providing the premium
                                    processing services to business
                                    customers prescribed by section 286(u)
                                    of this Act; describes the extent to
                                    which the fee prescribed in that
                                    section is set at a level that ensures
                                    recovery of those costs; and identifies
                                    the amount of funding that is being
                                    allocated for the infrastructure
                                    improvements in the adjudications and
                                    customer-service processes as
                                    prescribed by that section; and
                                        ``(III) contains information
                                    regarding the amount the fee will be
                                    increased; and
                                ``(ii) a period of 45 days has expired
                            beginning on the date that the report in clause
                            (i) is received by the committees described in
                            such clause.
                ``(4) Waivers of fees for immigration services.--
                        ``(A) Except as otherwise provided in this
                    paragraph, any of the fees for immigration services
                    described in paragraph (3)(A) of this section may be
                    waived by the Department of Homeland Security in any
                    case under its jurisdiction in which the alien or other
                    party affected is able to substantiate that he or she
                    is unable to pay the prescribed fee. The person seeking
                    a fee waiver must file his or her affidavit, or unsworn
                    declaration made pursuant to section 1746 of title 28,
                    United States Code, asking for permission to prosecute
                    without payment of fee of the application, petition,
                    appeal, motion, or request, and stating his or her
                    belief that he or she is entitled to or deserving of
                    the benefit requested and the reasons for his or her
                    inability to pay. The officer of the Department of
                    Homeland Security having jurisdiction to render a
                    decision on the application, petition, appeal, motion,
                    or request may, in his or her discretion, grant the
                    waiver of fee. The payment of the additional sum
                    prescribed by section 245(i) of the Act when applying
                    for adjustment of status under section 245 of the Act
                    may not be waived. The fee for the employment-based
                    petitions and applications prescribed by section 286(u)
                    of the Act may not be waived.
                        ``(B) The Secretary of Homeland Security shall
                    prescribe by regulations the criteria that applicants
                    must meet for the approval of the waivers of fees in
                    subparagraph (A), and the documentation that applicants
                    must submit to substantiate that they meet such
                    criteria. The regulations shall include a form for the
                    affidavit or declaration described in subparagraph (A)
                    that must be completed by applicants for the waivers of
                    fees. An applicant shall be deemed to have
                    substantiated that he or she is unable to pay the
                    prescribed fee if--
                                ``(i) the individual has demonstrated that
                            within 180 days of the receipt of the
                            application, he or she qualified for or
                            received any public benefit funded in whole or
                            in part by funds provided by the Federal
                            Government that the Federal agency
                            administering the Federal funds has determined
                            to be a Federal `means-tested public benefit'
                            under the Personal Responsibility and Work
                            Opportunity Reconciliation Act of 1996, Public
                            Law 104-193; or
                                ``(ii) the individual has demonstrated that
                            his or her annual household income is at or
                            below 125 percent of the poverty level, as
                            indicated in the most recent Federal poverty
                            guidelines set by the Secretary of Health and
                            Human Services.''.
        (b) Sense of Congress.--It is the sense of Congress that--
                (1) the Secretary of Homeland Security should set fees
            under section 286(m)(3) of the Immigration and Nationality Act
            (8 U.S.C. 1356(m)(3)), as amended by subsection (a) of this
            section, at a level that ensures recovery of only the direct
            costs associated with the services described in such section
            286(m)(3); and
                (2) Congress should appropriate to the Secretary of
            Homeland Security such funds as may be necessary to cover the
            indirect costs associated with the services described in such
            section 286(m)(3).
        (c) Technical Amendment.--Section 286 of the Immigration and
    Nationality Act (8 U.S.C. 1356) is amended--
                (1) in subsections (d), (e), (f), (h), (i), (j), (k), (l),
            (n), (o), (q), (t), and (u), by striking ``Attorney General''
            each place it appears and inserting ``Secretary of Homeland
            Security'';
                (2) in subsection (i) of such section, by striking
            ``Attorney General's'' and inserting ``Secretary's''; and
                (3) in subsection (r)--
                        (A) in paragraph (2), by striking ``Department of
                    Justice'' and inserting ``Department of Homeland
                    Security''; and
                        (B) in paragraphs (3) and (4), by striking
                    ``Attorney General'' each place it appears and
                    inserting ``Secretary of Homeland Security''.
        (d) Funding.--Fees and fines deposited in the Security and
    Prosperity Account under section 286(w)(3)(B) of the Immigration and
    Nationality Act may be used to carry out this section.

    SEC. 602. ADMINISTRATION OF TESTS FOR NATURALIZATION; FULFILLMENT BY
                  ELDERLY PERSONS OF REQUIREMENT FOR NATURALIZATION
                  RELATING TO KNOWLEDGE OF ENGLISH LANGUAGE.

        (a) In General.--Subsection (a) of section 312 of the Immigration
    and Nationality Act (8 U.S.C. 1423) is amended to read as follows:
        ``(a) Naturalization Test.--
                ``(1) Requirements.--Except as otherwise provided in this
            title, a person may not be naturalized as a citizen of the
            United States upon the application of such person if such
            person cannot demonstrate the following:
                        ``(A) An understanding of the English language,
                    including an ability to read, write, and speak words in
                    the ordinary usage in the English language.
                        ``(B) A knowledge and understanding of--
                                ``(i) the fundamentals of the history of
                            the United States; and
                                ``(ii) the principles and form of
                            government of the United States.
                ``(2) Testing.--
                        ``(A) Uniformity of test administration.--The
                    Secretary of Homeland Security, in administering any
                    test that the Secretary uses to determine whether an
                    applicant for naturalization as a citizen of the United
                    States has the proficiency and knowledge sufficient to
                    meet the requirements of paragraph (1), shall
                    administer such test uniformly throughout the United
                    States, including the application of the criteria set
                    forth in subparagraph (B).
                        ``(B) Consideration.--In selecting and phrasing
                    items in the administration of a test described in
                    subparagraph (A) and in evaluating the performance of
                    an applicant on such test, the Secretary shall consider
                    the following:
                                ``(i) The age of the applicant.
                                ``(ii) The education level of the
                            applicant.
                                ``(iii) The amount of time the applicant
                            has resided in the United States.
                                ``(iv) The efforts made by the applicant,
                            and the opportunities available to the
                            applicant, to acquire the knowledge and
                            proficiencies required by paragraph (1).
                                ``(v) Such other factors as the Secretary
                            considers appropriate.
                        ``(C) English language testing.--The requirement in
                    paragraph (1)(A) shall be satisfactorily met if an
                    applicant can--
                                ``(i) speak words in ordinary usage in the
                            English language; and
                                ``(ii) read or write simple words and
                            phrases in ordinary usage in the English
                            language.
                        ``(D) Prohibition on extraordinary and unreasonable
                    conditions.--The Secretary may not impose any
                    extraordinary or unreasonable condition on any
                    applicant seeking to meet the requirements of paragraph
                    (1).''.
        (b) Promoting Citizenship Among the Elderly.--Subsection (b) of
    such section is amended--
                (1) in paragraph (1), by striking ``subsection (a)'' and
            inserting ``subsection (a)(1)'';
                (2) by amending paragraph (2) to read as follows:
                ``(2) The requirement of subsection (a)(1)(A) shall not
            apply to any person who, on the date of the filing of the
            person's application for naturalization as provided in section
            334--
                        ``(A) is over 50 years of age and has been living
                    in the United States for periods totaling at least
                    twenty years subsequent to a lawful admission for
                    permanent residence,
                        ``(B) is over 55 years of age and has been living
                    in the United States for periods totaling at least 15
                    years subsequent to a lawful admission for permanent
                    residence; or
                        ``(C) is over 60 years of age and has been living
                    in the United States for periods totaling at least 5
                    years subsequent to a lawful admission for permanent
                    residence.''.

    SEC. 603. VOLUNTARY ELECTRONIC FILING OF APPLICATIONS.

        The Secretary of Homeland Security may not require that an
    applicant or petitioner for permanent residence or citizenship of the
    United States use an electronic method to file any application to, or
    access a customer account.

    SEC. 604. TIMELY BACKGROUND CHECKS.

        (a) Study.--
                (1) In general.--The Comptroller General of the United
            States shall conduct a study on the process used by the
            Department of Justice or the Department of Homeland Security on
            the day before the date of the enactment of this Act to conduct
            a background check on an applicant for citizenship of the
            United States.
                (2) Report.--Not later than 1 year after the date of the
            enactment of this Act and annually thereafter, the Comptroller
            General of the United States shall report to Congress on the
            findings of the study required by paragraph (1).
                (3) Contents of report.--The report required by paragraph
            (2) shall include the following information with respect to the
            calendar year preceding the date on which the report is filed:
                        (A) The number of background checks conducted by
                    the Department of Justice or the Department of Homeland
                    Security on applicants for citizenship of the United
                    States.
                        (B) The types of such background checks conducted.
                        (C) The average time spent on each such type of
                    background check.
                        (D) A description of the obstacles that impede the
                    timely completion of such background checks.
                (4) Examination of name check conducted by the department
            of justice.--The first report required by paragraph (2) shall
            also include an examination of the name check conducted by the
            Department of Justice to assess the extent to which the name
            check provides information relating to the eligibility of
            applicants for citizenship of the United States that is not
            otherwise provided by other background checks conducted by the
            Department of Justice or the Department of Homeland Security.
        (b) Timely Completion of Background Checks.--
                (1) Attorney general background checks.--With respect to a
            request submitted to the Attorney General by the Secretary of
            Homeland Security for a background check on an applicant for
            temporary or permanent residence or citizenship of the United
            States, the Attorney General shall make a reasonable effort to
            complete a background check on such applicant not later than 90
            days after the Attorney General receives such request from the
            Secretary of Homeland Security.
                (2) Department of homeland security background checks.--
            With respect to background checks on an applicant for temporary
            or permanent residence or citizenship of the United States, the
            Secretary of Homeland Security shall make a reasonable effort
            to complete the background check on such applicant not later
            than 90 days after the date the application is received by the
            Department of Homeland Security.
                (3) Delays on attorney general background checks.--If a
            background check described in paragraph (1) is not completed by
            the Attorney General before the date that is 91 days after the
            date that the Attorney General receives a request described in
            paragraph (1)--
                        (A) the Attorney General shall document the reason
                    why such background check was not completed before such
                    date; and
                        (B) if such background check is not completed
                    before the date that is 181 days after the date of such
                    receipt, then the Attorney General shall, not later
                    than 210 days after the date of such receipt, submit to
                    the appropriate congressional committees and the
                    Secretary of Homeland Security a report that
                    describes--
                                (i) the reason that such background check
                            was not completed within 180 days; and
                                (ii) the earliest date on which the
                            Attorney General is certain the background
                            check will be completed.
                (4) Delays on department of homeland security background
            checks.--If a background check described in paragraph (2) is
            not completed by the Secretary of Homeland Security before the
            date that is 91 days after the date that the Department of
            Homeland Security receives the application described in
            paragraph (2)--
                        (A) the Secretary of Homeland Security shall
                    document the reason why such background check was not
                    completed before such date; and
                        (B) if such background check is not completed
                    before the date that is 181 days after the date of such
                    receipt, then the Secretary of Homeland Security shall,
                    not later than 210 days after the date of such receipt,
                    submit to the appropriate congressional committees a
                    report that describes--
                                (i) the reason that such background check
                            was not completed within 180 days; and
                                (ii) the earliest date on which the
                            Secretary of Homeland Security is certain the
                            background check will be completed.
                (5) Annual report on delayed attorney general background
            checks.--Not later than the end of each fiscal year, the
            Attorney General shall submit to the appropriate congressional
            committees a report containing, with respect to that fiscal
            year--
                        (A) the number of background checks described in
                    subparagraph (B) of paragraph (3);
                        (B) the time taken to complete each such background
                    check;
                        (C) a statistical analysis of the causes of the
                    delays in completing such background checks; and
                        (D) a description of the efforts being made by the
                    Attorney General to address each such cause.
                (6) Notification to applicant.--If, with respect to a
            background check on an applicant described in paragraph (2),
            the Secretary of Homeland Security is required to furnish a
            report under paragraph (3)(B), then the Secretary shall provide
            to such applicant a copy of such report, redacted to remove any
            classified information contained therein.
                (7) Annual report on delayed homeland security background
            checks.--Not later than the end of each fiscal year, the
            Secretary of Homeland Security shall submit to the appropriate
            congressional committees a report containing, with respect to
            that fiscal year--
                        (A) the number of background checks described in
                    subparagraph (B) of paragraph (4);
                        (B) the time taken to complete each such background
                    check;
                        (C) a statistical analysis of the causes of the
                    delays in completing such background checks; and
                        (D) a description of the efforts being made by the
                    Secretary of Homeland Security to address each such
                    cause.
                (8) Notification to applicant.--If, with respect to a
            background check on an applicant described in paragraph (2),
            the Secretary of Homeland Security is required to furnish a
            report to the appropriate congressional committees under
            subsection (b)(4)(B), then the Secretary shall provide to such
            applicant a copy of such report, redacted to remove any
            classified information contained therein.
                (9) Appropriate congressional committees.--In this
            subsection, the term ``appropriate congressional committees''
            means the following:
                        (A) The Committee on the Judiciary of the Senate.
                        (B) The Committee on Homeland Security and
                    Governmental Affairs of the Senate.
                        (C) The Committee on the Judiciary of the House of
                    Representatives.
                        (D) The Committee on Homeland Security of the House
                    of Representatives.
                (10) Funding.--Fees and fines deposited in the Security and
            Prosperity Account under section 286(w)(3)(B) of the
            Immigration and Nationality Act may be used to carry out this
            section.

    SEC. 605. NATIONAL CITIZENSHIP PROMOTION PROGRAM.

        (a) Establishment.--
                (1) In general.--Not later than 6 months following the date
            of enactment of this Act, the Secretary of Homeland Security
            shall establish a program to assist aliens who have been
            lawfully admitted for permanent residence in becoming citizens
            of the United States.
                (2) Designation.--The program required by paragraph (1)
            shall be known as the ``New Americans Initiative'' (in this
            section referred to as the ``Program'').
        (b) Program Activities.--As part of the Program required by
    subsection (a), the Secretary of Homeland Security shall--
                (1) award grants in accordance with subsection (c); and
                (2) carry out outreach activities in accordance with
            subsection (d).
        (c) Grants To Support Naturalization Efforts.--
                (1) In general.--The Secretary of Homeland Security shall
            award grants to eligible entities to assist aliens who have
            been lawfully admitted for permanent residence in becoming
            citizens of the United States.
                (2) Eligible entity defined.--In this subsection, the term
            ``eligible entity'' means a not-for-profit organization that
            has experience working with immigrant communities.
                (3) Use of funds.--Grants awarded under this subsection
            shall be used for activities to assist aliens who have been
            lawfully admitted for permanent residence in becoming citizens
            of the United States, including--
                        (A) conducting English language and citizenship
                    classes for such aliens;
                        (B) providing legal assistance, by attorneys or
                    entities recognized by the Board of Immigration
                    Appeals, to such aliens to assist such aliens in
                    becoming citizens of the United States;
                        (C) carrying out outreach activities and providing
                    education to immigrant communities to assist such
                    aliens in becoming citizens of the United States; and
                        (D) assisting such aliens with applications to
                    become citizens of the United States, as allowed by
                    Federal and State law.
                (4) Application for grant.--
                        (A) In general.--Each eligible entity seeking a
                    grant under this subsection shall submit an application
                    to the Secretary of Homeland Security at such time, in
                    such manner, and accompanied by such information as the
                    Secretary shall require.
                        (B) Contents.--Each application submitted pursuant
                    to subparagraph (A) shall include a description of--
                                (i) the activities for which a grant under
                            this section is sought;
                                (ii) the manner in which the entity plans
                            to leverage available private and State and
                            local government resources to assist aliens who
                            have been lawfully admitted for permanent
                            residence in becoming citizens of the United
                            States;
                                (iii) the experience of the entity in
                            carrying out the activities for which a grant
                            under this section is sought, including the
                            number of aliens and geographic regions served
                            by such entity; and
                                (iv) the manner in which the entity plans
                            to employ best practices developed by adult
                            educators, State and local governments, and
                            community organizations--
                                        (I) to promote citizenship and
                                    civic participation by such aliens; and
                                        (II) to provide assistance to such
                                    aliens with the process of becoming
                                    citizens of the United States.
        (d) Outreach.--The Secretary of Homeland Security shall--
                (1) develop outreach materials targeted to aliens who have
            been lawfully admitted for permanent residence to encourage
            such aliens to apply to become citizens of the United States;
            and
                (2) make such outreach materials available through--
                        (A) public service announcements;
                        (B) advertisements; and
                        (C) such other media as the Secretary determines is
                    appropriate.
        (e) Funding.--Fees and fines deposited in the Security and
    Prosperity Account under section 286(w)(3)(B) of the Immigration and
    Nationality Act may be used to carry out this section.

    SEC. 606. EFFECTIVE DATE.

        The amendments made by this title shall take effect on the date of
    the enactment of this Act and shall apply to applications for
    naturalization pending on or after such date.

                           Subtitle B--Miscellaneous

    SEC. 611. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY TRAINING.

        (a) Grants Authorized.--The Assistant Attorney General, Office of
    Justice Programs, may award grants to qualified nonprofit community
    organizations to educate, train, and support non-profit agencies,
    immigrant communities, and other interested entities regarding the
    provisions of this Act and the amendments made by this Act.
        (b) Use of Funds.--
                (1) In general.--Grants awarded under this section shall be
            used--
                        (A) for public education, training, technical
                    assistance, government liaison, and all related costs
                    (including personnel and equipment) incurred by the
                    grantee in providing services related to this Act; and
                        (B) to educate, train, and support nonprofit
                    organizations, immigrant communities, and other
                    interested parties regarding this Act and the
                    amendments made by this Act and on matters related to
                    its implementation.
                (2) Education.--In addition to the purposes described in
            paragraph (1), grants awarded under this section shall be used
            to--
                        (A) educate immigrant communities and other
                    interested entities regarding--
                                (i) the individuals and organizations that
                            can provide authorized legal representation in
                            immigration matters under regulations
                            prescribed by the Secretary; and
                                (ii) the dangers of securing legal advice
                            and assistance from those who are not
                            authorized to provide legal representation in
                            immigration matters;
                        (B) educate interested entities regarding the
                    requirements for obtaining nonprofit recognition and
                    accreditation to represent immigrants under regulations
                    prescribed by the Secretary;
                        (C) provide nonprofit agencies with training and
                    technical assistance on the recognition and
                    accreditation process; and
                        (D) educate nonprofit community organizations,
                    immigrant communities, and other interested entities
                    regarding--
                                (i) the process for obtaining benefits
                            under this Act or under an amendment made by
                            this Act; and
                                (ii) the availability of authorized legal
                            representation for low-income persons who may
                            qualify for benefits under this Act or under an
                            amendment made by this Act.
        (c) Diversity.--The Assistant Attorney General shall ensure, to the
    extent possible, that the nonprofit community organizations receiving
    grants under this section serve geographically diverse locations and
    ethnically diverse populations who may qualify for benefits under the
    Act.
        (d) Funding.--Fees and fines deposited in the Security and
    Prosperity Account under section 286(w)(3)(B) of the Immigration and
    Nationality Act may be used to carry out this section.

    SEC. 612. GRANT PROGRAM TO ASSIST APPLICANTS FOR NATURALIZATION.

        (a) Purpose.--The purpose of this section is to establish a grant
    program within United States Citizenship and Immigration Services that
    provides funding to community-based organizations, including community-
    based legal service organizations, as appropriate, to develop and
    implement programs to assist eligible applicants for naturalization.
        (b) Definitions.--In this section:
                (1) Community-based organization.--The term ``community-
            based organization'' means a nonprofit, tax-exempt
            organization, including a faith-based organization, whose staff
            has experience and expertise in meeting the legal, social,
            educational, cultural educational, or cultural needs of
            immigrants, refugees, persons granted asylum, or persons
            applying for such statuses.
                (2) IEACA grant.--The term ``IEACA grant'' means an Initial
            Entry, Adjustment, and Citizenship Assistance Grant authorized
            under subsection (c).
        (c) Establishment of Initial Entry, Adjustment, and Citizenship
    Assistance Grant Program.--
                (1) Grants authorized.--The Secretary, working through the
            Director of United States Citizenship and Immigration Services,
            may award IEACA grants to community-based organizations.
                (2) Use of funds.--Grants awarded under this section may be
            used for the design and implementation of programs to provide
            the following services:
                        (A) Initial application.--Assistance and
                    instruction, including legal assistance, to aliens
                    making initial application for conditional nonimmigrant
                    or conditional nonimmigrant dependent classification
                    under section 401. Such assistance may include
                    assisting applicants in--
                                (i) screening to assess prospective
                            applicants' potential eligibility for
                            participating in such program;
                                (ii) filling out applications for such
                            program;
                                (iii) gathering proof of identification,
                            employment, residence, and tax payment;
                                (iv) gathering proof of relationships of
                            eligible family members;
                                (v) applying for any waivers for which
                            applicants and qualifying family members may be
                            eligible; and
                                (vi) any other assistance that the
                            Secretary or grantee considers useful to aliens
                            who are interested in filing applications for
                            treatment under section 401.
                        (B) Adjustment of status.--Assistance and
                    instruction, including legal assistance, to aliens
                    seeking to adjust their status in accordance with
                    section 402 of this Act or section 245 of the
                    Immigration and Nationality Act (8 U.S.C. 1255).
                        (C) Citizenship.--Assistance and instruction to
                    applicants on--
                                (i) the rights and responsibilities of
                            United States citizenship;
                                (ii) English as a second language;
                                (iii) civics; or
                                (iv) applying for United States
                            citizenship.
                (3) Duration and renewal.--
                        (A) Duration.--Subject to subparagraph (B), each
                    grant awarded under this section shall be awarded for a
                    period of not more than 3 years.
                        (B) Renewal.--The Secretary may renew any grant
                    awarded under this section in 1-year increments.
                (4) Application for grants.--Each entity desiring an IEACA
            grant under this section shall submit an application to the
            Secretary at such time, in such manner, and accompanied by such
            information as the Secretary may require.
                (5) Eligible organizations.--A community-based organization
            applying for a grant under this section to provide services
            described in subparagraph (A), (B), or (C)(iv) of paragraph (2)
            may not receive such a grant unless the organization is--
                        (A) recognized by the Board of Immigration Appeals
                    under section 292.2 of title 8, Code of Federal
                    Regulations; or
                        (B) otherwise directed by an attorney.
                (6) Selection of grantees.--Grants awarded under this
            section shall be awarded on a competitive basis.
                (7) Geographic distribution of grants.--The Secretary shall
            approve applications under this section in a manner that
            ensures, to the greatest extent practicable, that--
                        (A) not less than 50 percent of the funding for
                    grants under this section are awarded to programs
                    located in the 10 States with the highest percentage of
                    residents who were born in foreign countries; and
                        (B) not less than 20 percent of the funding for
                    grants under this section are awarded to programs
                    located in States that are not described in
                    subparagraph (A).
                (8) Ethnic diversity.--The Secretary shall ensure that
            community-based organizations receiving grants under this
            section provide services to an ethnically diverse population,
            to the greatest extent possible.
        (d) Liaison Between USCIS and Grantees.--The Secretary shall
    establish a liaison between United States Citizenship and Immigration
    Services and the community of providers of services under this section
    to assure quality control, efficiency, and greater client willingness
    to come forward.
        (e) Reports to Congress.--Not later than 180 days after the date of
    enactment of this Act, and July 1 of each subsequent year, the
    Secretary shall submit a report to Congress that includes information
    regarding--
                (1) the status of the implementation of this section;
                (2) the grants issued pursuant to this section; and
                (3) the activities carried out with such grants.
        (f) Source of Grant Funds.--
                (1) Application fees.--The Secretary may use funds made
            available under section 401(g)(2)(A) of this Act and section
            218A(b)(3) of the Immigration and Nationality Act, as added by
            this Act, to carry out this section.
                (2) Funding.--Fees and fines deposited in the Security and
            Prosperity Account under section 286(w)(3)(B) of the
            Immigration and Nationality Act may be used to carry out this
            section.
        (g) Distribution of Conditional Nonimmigrant Visa Fees and Fines.--
    Notwithstanding section 401(g)(2)(B), 2 percent of the fees and fines
    collected under section 401 shall be made available for grants under
    the Initial Entry, Adjustment, and Citizenship Assistance Grant Program
    established under this section.

    SEC. 613. NATURALIZATION FOR CERTAIN U.S. HIGH SCHOOL GRADUATES.

        (a) In General.--Title III of the Immigration and Nationality Act
    (8 U.S.C. 1401 et seq.) is amended by inserting after section 320 the
    following:

    ``SEC. 321. CITIZENSHIP FOR CERTAIN U.S. HIGH SCHOOL GRADUATES.

        ``(a) Requirements Deemed Satisfied.--In the case of an alien
    described in subsection (b), the alien shall be deemed to have
    satisfied the requirements of section 312(a).
        ``(b) Aliens Described.--An alien is described in this subsection
    if the alien is under 25 years of age on the date on which the alien
    submits an application for naturalization under section 334 that
    contains the following:
                ``(1) Transcripts from public or private schools in the
            United States that demonstrate the following:
                        ``(A) The alien completed grades 6 through 12 in
                    the United States and was graduated with a high school
                    diploma.
                        ``(B) The alien completed a curriculum that
                    reflects knowledge of United States history,
                    Government, and civics.
                ``(2) A copy of the alien's high school diploma.
        ``(c) Reduced Fee.--The Secretary of Homeland Security shall reduce
    the naturalization application fee for an alien described in subsection
    (b) by 50 percent.''.
        (b) Clerical Amendment.--The table of contents for the Immigration
    and Nationality Act is amended by inserting after the item relating to
    section 320 the following:

    ``Sec. 321. Citizenship for certain U.S. high school graduates.''.
        (c) Applicability.--The amendments made by this Section shall take
    effect on the date of the enactment of this Act and shall apply to
    applicants for naturalization who apply for naturalization on or after
    such date.
        (d) Regulations.--The Secretary of Homeland Security shall
    promulgate regulations to carry out this Section and the amendments
    made by this Section not later than 180 days after the date of the
    enactment of this Act.

    SEC. 614. FAMILY INTEGRATION.

        Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151)
    is amended by striking in subsection (b)(2)(A)(i) the number ``21'' and
    inserting the number ``18''.

    SEC. 615. CONSIDERATION FOR DOMESTIC RESETTLEMENT OF REFUGEES.

        Section 412 is amended as follows:
                (1) In subsection (a)(2)(C)(i) strike ``insure'' and insert
            ``ensure''.
                (2) At the end, add the following:
                                        ``(V) the geography, climate and
                                    environmental composition of the
                                    proposed resettlement area compared
                                    with that of the geography, climate and
                                    environmental composition of their
                                    country of origin.''.

    SEC. 616. CREDITS FOR TEACHERS OF ENGLISH LANGUAGE LEARNERS.

        (a) In General.--Subpart A of part IV of subchapter A of chapter 1
    of the Internal Revenue Code of 1986 (relating to nonrefundable
    personal credits) is amended by inserting after section 25D the
    following new section:

    ``SEC. 25E. TEACHERS OF ENGLISH LANGUAGE LEARNERS.

        ``(a) In General.--In the case of an eligible teacher, there shall
    be allowed a credit against the tax imposed by this chapter for the
    taxable year an amount equal to--
                ``(1) $1,500, for each of the first 5 taxable years for
            which the taxpayer is allowed a credit under this section; and
                ``(2) $1,000, for any other taxable year.
        ``(b) Credit Allowed Only for 10 Taxable Years.--No credit shall be
    allowed under this section with respect to a taxpayer for any taxable
    year after the 10th taxable year for which such taxpayer is allowed a
    credit under this section.
        ``(c) Eligible Teacher.--For purposes of this section--
                ``(1) In general.--Except as provided in paragraph (2), the
            term `eligible teacher' means, with respect to a taxable year,
            any individual who is--
                        ``(A) a full-time teacher of English as a second
                    language or bilingual instruction for the academic year
                    ending in such taxable year, or
                        ``(B) an eligible part-time teacher of English as a
                    second language or bilingual instruction for the
                    academic year ending in such taxable year.
                ``(2) Eligible part-time teacher.--The term `eligible part-
            time teacher' means, with respect to a taxable year, an
            individual who teaches at least 20 hours per week during the
            academic year ending in such taxable year. Such term does not
            include any individual who is a full-time teacher of English as
            a second language during such academic year.
                ``(3) Special rule.--In the case of an eligible part-time
            teacher, subsection (a) shall be applied by substituting `$375'
            for `$750' and by substituting `$250' for `$500'.''.
        (b) Clerical Amendment.--The table of sections for such subpart is
    amended by inserting after the item relating to section 25D the
    following new item:

    ``Sec. 25E. Teachers of English language learners.''.
        (c) Teacher Certification Expenses.--Part VII of subchapter B of
    chapter 1 of the Internal Revenue Code of 1986 (relating to additional
    itemized deductions for individuals) is amended by redesignating
    section 224 as section 225 and by inserting after section 223 the
    following new section:

    ``SEC. 224. CERTIFICATION EXPENSES FOR TEACHERS OF ENGLISH LANGUAGE
                  LEARNERS.

        ``(a) In General.--In the case of an individual, there shall be
    allowed a deduction for eligible teacher certification expenses paid or
    incurred by the taxpayer for the taxable year.
        ``(b) Eligible Teacher Certification Expenses.--The term `eligible
    teacher certification expenses'--
                ``(1) means the tuition and fees required for the
            enrollment or attendance of the taxpayer at an eligible
            educational institution (as defined in section 25A) for a
            course which is required for certification or licensure of such
            individual as qualified to provide English as a second language
            or bilingual instruction to elementary or secondary school
            students who are limited English proficient (as defined in
            section 9901 of the Elementary and Secondary Education Act of
            1965); and
                ``(2) shall not include any amounts that are--
                        ``(A) used for a course that is part of the
                    individual's degree program; or
                        ``(B) funded by another person or any governmental
                    entity.
        ``(c) Denial of Double Benefit.--No deduction shall be allowed
    under this section for any expense for which a deduction or credit is
    allowed under any other provision of this chapter.
        ``(d) Termination.--This section shall not apply to expenses paid
    or incurred after December 31, 2014.''.
        (d) Certification Deduction Allowed Whether or Not Taxpayer
    Itemizes Other Deductions.--Subsection (a) of section 62 of such Code
    is amended by inserting after paragraph (21) the following new
    paragraph:
                ``(22) Teacher certification expenses.--The deduction
            allowed by section 224.''.
        (e) Clerical Amendment.--The table of sections for part VII of
    subchapter B of chapter 1 of such Code is amended by striking the last
    item and inserting the following new item:

    ``Sec. 224. Certification expenses for teachers of English language
                                learners.''.
        (f) Regulations.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of the Treasury shall promulgate
    regulations implementing the provisions of this section.
        (g) Effective Date.--The amendments made by this section shall
    apply to taxable years beginning after December 31, 2009.

    SEC. 617. CREDITS FOR EMPLOYER-PROVIDED ADULT ENGLISH LITERACY AND
                  BASIC EDUCATION PROGRAMS.

        (a) In General.--Subpart D of part IV of subchapter A of chapter 1
    of the Internal Revenue Code of 1986 (relating to business related
    credits) is amended by adding at the end the following:

    ``SEC. 45R. EMPLOYER-PROVIDED ADULT ENGLISH LITERACY AND BASIC
                  EDUCATION PROGRAMS.

        ``(a) In General.--For the purposes of section 38, the credit
    determined under this section with respect to any employer for the
    taxable year is an amount equal to 20 percent of qualified education
    program expenses, but in no case shall the employer receive a credit in
    an amount of more than $1,000 per full-time employee participating in
    the qualified education program.
        ``(b) Qualified Education Program Expenses.--For purposes of this
    section--
                ``(1) In general.--The term `qualified education program
            expenses' means expenses paid or incurred by an employer to
            make available qualified education to employees of the
            employer, who--
                        ``(A) are English language learners; and
                        ``(B)(i) have not received a secondary school
                    diploma, or its recognized equivalent; or
                        ``(ii) lack sufficient mastery of basic educational
                    skills, including financial literacy, to enable the
                    individuals to function effectively in society.
                ``(2) Qualified education.--The term `qualified education'
            means adult education and literacy activities provided--
                        ``(A) by an eligible provider which for the fiscal
                    year ending during the employer's taxable year receives
                    or is eligible to receive Federal funds under section
                    231 of the Adult Education and Family Literacy Act for
                    adult education and literacy activities; or
                        ``(B) in curriculum approved by the Department of
                    Education, the Employment and Training Administration
                    of the Department of Labor, or in current use by a
                    Federal agency.
                ``(3) Eligible provider; adult education and literacy
            activities.--The terms `eligible provider' and `adult education
            and literacy activities' shall have the respective meanings
            given to such terms in section 203 of the Adult Education and
            Family Literacy Act.
                ``(4) English language learner.--The term `English language
            learner' shall have the same meaning given to such term in
            section 9101(25) of the Elementary and Secondary Education Act
            of 1965.
        ``(c) Special Rules.--For purposes of this section--
                ``(1) Full-time employment.--An employee shall be
            considered full-time if such employee is employed at least 30
            hours per week for 25 or more calendar weeks in the taxable
            year.
                ``(2) Aggregation rule.--All persons treated as a single
            employer under subsection (a) or (b) or section 52, or
            subsection (m) or (o) of section 414, shall be treated as 1
            person.
        ``(d) Denial of Double Benefit.--No deduction or credit shall be
    allowed under any other provision of this chapter for any amount taken
    into account in determining the credit under this section.
        ``(e) Termination.--This section shall not apply to expenses paid
    or incurred after December 31, 2014.''.
        (b) Credit To Be Part of General Business Credit.--Subsection (b)
    of section 38 of such Code (relating to the current year business
    credit) is amended--
                (1) by striking ``plus'' at the end of paragraph (34);
                (2) by striking the period at the end of paragraph (35) and
            inserting ``, plus''; and
                (3) by adding at the end the following new paragraph:
                ``(36) the adult English literacy and basic education
            programs credit determined under section 45R.''.
        (c) Clerical Amendment.--The table of sections for subpart D of
    part IV of subchapter A of chapter 1 of the such Code is amended by
    adding at the end the following new item:

    ``Sec. 45R. Employer-provided adult English literacy and basic
                                education programs.''.
        (d) Regulations.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of the Treasury shall promulgate
    regulations implementing the provisions of this section.
        (e) Effective Date.--The amendments made by this section shall
    apply to taxable years beginning after December 31, 2009.

    SEC. 618. GRANTS TO STATES TO FORM NEW AMERICAN COUNCILS.

        (a) Authority To Provide Grants.--Subject to subsections (c) and
    (d), the Chief of the Office of Citizenship and Immigrant Integration
    is authorized to provide competitive grants to States to form State New
    American Councils as described in subsection (b) to carry out
    activities described in section 303.
        (b) State New American Councils.--A State New American Council
    shall consist of not less than 15 and not more than 19 individuals from
    the State and shall include, to the extent practicable, representatives
    from the following sectors:
                (1) Business.
                (2) Faith-based organizations.
                (3) Civic organizations.
                (4) Philanthropic leaders.
                (5) Nonprofit organizations, including those with
            experience working with immigrant communities.
                (6) Representatives from key education stakeholders, such
            as State educational agencies, local educational agencies,
            community colleges, teachers, or organizations representing
            teachers and other employees.
                (7) Representatives of State adult education offices.
                (8) Representatives of State or local public libraries.
                (9) Representatives of statewide or local government
            officials.
        (c) Waiver of Requirement.--
                (1) Authority to grant.--The Chief of the Office of
            Citizenship and Immigrant Integration may award a grant under
            subsection (a) to a State without requiring the State to form a
            State New American Council if the Chief determines that the
            State is carrying out similar statewide initiatives to
            introduce immigrants into the State and into the United States.
                (2) Guidelines.--The Chief shall establish guidelines for
            awarding grants to States described in paragraph (1).
        (d) Grants to Local Governments.--The Chief of the Office of
    Citizenship and Immigrant Integration may provide a grant under
    subsection (a) to a local government at the discretion of the Chief.
        (e) Application.--To be eligible to receive a grant under this
    section, an applicant shall submit an application to the Chief of the
    Office of Citizenship and Immigrant Integration at such time, in such
    manner, and containing such information as the Chief may reasonably
    require. Such application shall include--
                (1) if the applicant is a State seeking to form a State New
            American Council, an assurance that such State New American
            Council will meet the requirements of subsection (b);
                (2) the number of immigrants in the State in which the
            applicant is located;
                (3) a description of the challenges in introducing new
            Americans in the State and local community; and
                (4) any other information that the Chief may reasonably
            require.
        (f) Duration.--A grant awarded under subsection (a) shall be for a
    period of 5 years.
        (g) Priority.--Priority shall be given to grant applications that--
                (1) use matching funds, from non-Federal sources, which may
            include in-kind contributions; and
                (2) demonstrate collaboration with private entities to
            achieve the goals of their comprehensive plan.
        (h) Additional Consideration.--Additional consideration shall be
    given to grant applications submitted by States with a large increase
    in the population of immigrants over the previous 10 years relative to
    past migration patterns, based on data compiled by the Office of
    Immigration Statistics of the Department of Homeland Security.
        (i) Grant Amount.--The amount of a grant awarded under subsection
    (a) shall be not less than $500,000 and not more than $5,000,000 for
    each fiscal year.
        (j) Reservations.--
                (1) National.--The Chief of the Office of Citizenship and
            Immigrant Integration shall reserve not more than 1 percent of
            the amount appropriated to carry out this section for such
            Office, including the evaluation of funds distributed.
                (2) States.--A State awarded a grant under subsection (a)
            may reserve not more than 10 percent of such grant amount for
            the creation and operation of the State New American Council.
        (k) Funding.--Fees and fines deposited in the Security and
    Prosperity Account under section 286(w)(3)(B) of the Immigration and
    Nationality Act may be used to carry out this section.

    SEC. 619. INDEPENDENCE DAY CEREMONIES FOR OATHS OF ALLEGIANCE.

        (a) In General.--The Secretary of Homeland Security shall make
    available funds each fiscal year to the Director of U.S. Citizenship
    and Immigration Services or to public or private nonprofit entities to
    support public ceremonies for administering oaths of allegiance under
    section 337(a) of the Immigration and Nationality Act (8 U.S.C.
    1448(a)) to legal immigrants whose applications for naturalization have
    been approved.
        (b) Ceremonies.--A ceremony conducted with funds under this
    section--
                (1) shall be held on a date that is on or near Independence
            Day; and
                (2) shall include appropriate outreach, ceremonial, and
            celebratory activities.
        (c) Selection of Sites.--
                (1) In general.--The Secretary of Homeland Security shall
            select the site for each ceremony conducted with funds under
            this section.
                (2) Selection process.--In selecting a site under paragraph
            (1), the Secretary of Homeland Security should consider--
                        (A) the number of naturalization applicants living
                    in proximity to the site; and
                        (B) the degree of participation in and support for
                    the ceremony by the local community at the site.
        (d) Amounts Available; Use of Funds.--
                (1) Amounts available.--Amounts made available under this
            section for each ceremony shall not exceed $5,000.
                (2) Use of funds.--Funds made available under this section
            may be used only for the following:
                        (A) Costs of personnel of the Department of
                    Homeland Security and the Federal judiciary (including
                    travel and overtime expenses).
                        (B) Site rental, including audio equipment rental.
                        (C) Logistical requirements, including sanitation.
                        (D) Costs for printing brochures about the
                    naturalization participants and the naturalization
                    process.
                (3) Funding.--Fees and fines deposited in the Security and
            Prosperity Account under section 286(w)(3)(B) of the
            Immigration and Nationality Act may be used to carry out this
            section.
        (e) Application.--No amount may be made available under this
    section to an entity that is not part of the Department of Homeland
    Security, for supporting a ceremony described in subsection (b),
    unless--
                (1) the entity submits an application to the Secretary of
            Homeland Security, in a form and manner specified by the
            Secretary of Homeland Security; and
                (2) the Secretary of Homeland Security approves the
            application.
                                     <all>