    [Congressional Bills 111th Congress]
    [From the U.S. Government Publishing Office]
    [S. 3932 Introduced in Senate (IS)]

    111th CONGRESS
      2d Session
                                    S. 3932

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

    _______________________________________________________________________

                       IN THE SENATE OF THE UNITED STATES

                               September 29, 2010

    Mr. Menendez (for himself and Mr. Leahy) introduced the following bill;
      which was read twice and referred to the Committee on the Judiciary

    _______________________________________________________________________

                                     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 Act of 2010'' or the ``CIR Act of 2010''.
        (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. References to Immigration and Nationality Act.
    Sec. 3. Definitions.
                          TITLE I--BORDER ENFORCEMENT

                  Subtitle A--Additional Assets and Resources

    Sec. 101. Effective date triggers.
    Sec. 102. Customs and border protection personnel.
    Sec. 103. Secure communication; equipment; and grants for border
                                personnel.
    Sec. 104. Infrastructure improvements and expansion of land ports of
                                entry.
    Sec. 105. Additional authorities for port of entry construction.
    Sec. 106. Additional increases in immigration enforcement personnel.
    Sec. 107. Additional immigration court personnel.
    Sec. 108. Improved training for border security and immigration
                                enforcement officers.
    Sec. 109. Standards of professional conduct.
    Sec. 110. Inventory of assets and personnel.
    Sec. 111. Customs border patrol and border protection assets.
    Sec. 112. Technological assets.
    Sec. 113. Surveillance technologies programs.
       Subtitle B--Enhanced Coordination and Planning for Border Security

    Sec. 121. Annual report on improving North American security
                                information exchange.
    Sec. 122. Cooperation with the Government of Mexico.
    Sec. 123. Enhanced international cooperation.
    Sec. 124. Expansion of commerce security programs.
    Sec. 125. Northern and Southern Border Drug Prosecution Initiative.
    Sec. 126. Project Gunrunner Initiative.
    Sec. 127. Operation Streamline Prosecution Initiative.
    Sec. 128. Border Relief Grant Program.
    Sec. 129. Report on deaths and strategy study.
    Sec. 130. Immigration and United States-Mexico Border Enforcement
                                Commission.
    Sec. 131. Preemption.
    Sec. 132. Inherent authority.
    Sec. 133. Border protection strategy.
    Sec. 134. Border communities liaison office.
    Sec. 135. Authorization of appropriations.
                         TITLE II--INTERIOR ENFORCEMENT

           Subtitle A--Prevention of Unauthorized Entries and Removal

    Chapter 1--Strengthening the Visa Waiver Program To Secure America and
                     Enforcing Entry and Exit Requirements

    Sec. 201. Enforcement of requirement to report lost or stolen
                                passports.
    Sec. 202. Enforcement of requirement for periodic evaluations of
                                program countries.
    Sec. 203. Arrival and departure verification.
    Sec. 204. Visa overstay rates.
    Sec. 205. US-VISIT system.
        Chapter 2--Preventing Unauthorized Entries and Ensuring Removal

    Sec. 211. Illegal entry and reentry.
    Sec. 212. Deterring aliens ordered removed from remaining in the United
                                States unlawfully.
    Sec. 213. Biometric screening.
    Sec. 214. Encouraging aliens to depart voluntarily.
    Sec. 215. Cancellation of visas.
    Sec. 216. Mandatory address reporting requirements.
    Sec. 217. Penalties relating to vessels and aircraft.
    Sec. 218. Sanctions for countries that delay or prevent repatriation of
                                their citizens and nationals.
    Sec. 219. State criminal alien assistance program.
    Sec. 220. Procedures regarding aliens apprehended by State and local
                                law enforcement officers.
    Sec. 221. Reform of passport, visa, and immigration fraud offenses.
    Sec. 222. Directives related to passport and document fraud.
    Sec. 223. Expanding the definition of conveyances subject to
                                forfeiture.
    Sec. 224. Prohibition of the sale of firearms to, or the possession of
                                firearms by, certain aliens.
    Sec. 225. Criminal forfeiture.
    Sec. 226. Advance delivery of information including passenger
                                manifests.
    Sec. 227. Unlawful flight from immigration or customs controls and
                                disobeyance of lawful orders.
    Sec. 228. Reducing illegal immigration and alien smuggling on tribal
                                lands.
    Sec. 229. Diplomatic security service.
    Sec. 230. Increased penalties barring the admission of convicted sex
                                offenders failing to register and requiring
                                deportation of sex offenders failing to
                                register.
    Sec. 231. Aggravated felony.
    Sec. 232. Increased criminal penalties related to gang violence.
                          Subtitle B--Detention Reform

    Sec. 241. Definitions.
    Sec. 242. Protections for vulnerable populations.
    Sec. 243. Apprehension procedures for immigration enforcement-related
                                activities relating to children.
    Sec. 244. Detention of families.
    Sec. 245. Access to children, local and State courts, child welfare
                                agencies, and consular officials.
    Sec. 246. Memoranda of understanding.
    Sec. 247. Mandatory training.
    Sec. 248. Alternatives to detention.
    Sec. 249. Detention conditions.
    Sec. 250. Access to counsel.
    Sec. 251. Group legal orientation presentations.
    Sec. 252. Protections for refugees.
    Sec. 253. Immigration and customs enforcement ombudsman.
    Sec. 254. Lawful permanent resident status of refugees and asylum
                                seekers granted asylum.
    Sec. 255. Elimination of time limits on asylum applications.
    Sec. 256. Efficient asylum determination process and detention of
                                asylum seekers.
    Sec. 257. Protection of stateless persons in the United States.
    Sec. 258. Authority to designate certain groups of refugees for
                                consideration.
    Sec. 259. Admission of refugees in the absence of the annual
                                presidential determination.
                        TITLE III--WORKSITE ENFORCEMENT

    Sec. 301. Unlawful employment of aliens.
    Sec. 302. Disclosure of certain taxpayer information to assist in
                                immigration enforcement.
    Sec. 303. Compliance by department of homeland security contractors
                                with confidentiality safeguards.
    Sec. 304. Increasing security and integrity of Social Security cards.
    Sec. 305. Increasing security and integrity of immigration documents.
    Sec. 306. Responsibilities of the Social Security Administration.
    Sec. 307. Antidiscrimination protections.
    Sec. 308. Immigration enforcement support by the internal revenue
                                service and the Social Security
                                administration.
    Sec. 309. Enhanced Verification System.
    Sec. 310. Authorization of appropriations.
             TITLE IV--REFORMING AMERICA'S LEGAL IMMIGRATION SYSTEM

         Subtitle A--New Worker Program and the Creation of a Standing
                                   Commission

    Sec. 401. Standing Commission on Immigration, Labor Markets, and the
                                National Interest.
    Sec. 402. H-2C nonimmigrant worker program.
    Sec. 403. Recruitment of United States workers.
    Sec. 404. Adjustment to lawful permanent resident status.
    Sec. 405. Employer compliance.
    Sec. 406. Authorization of appropriations.
                 Subtitle B--Family and Employment Visa Reforms

             Chapter 1--Family and Employment Based Immigrant Visas

    Sec. 411. Recapture of immigrant visas lost to bureaucratic delay.
    Sec. 412. Reclassification of spouses and minor children of legal
                                permanent residents as immediate relatives.
    Sec. 413. Promoting family unity.
    Sec. 414. Discretionary authority with respect to removal or
                                deportation of citizen and resident
                                immediate family members.
    Sec. 415. Military families.
    Sec. 416. Equal treatment for all stepchildren.
    Sec. 417. Widows, widowers, and orphans.
    Sec. 418. Fiance child status protection.
    Sec. 419. Special humanitarian visas.
    Sec. 420. Exemption from immigrant visa limit for certain veterans from
                                the Philippines.
    Sec. 420A. Determinations under the Haitian Refugee Immigration
                                Fairness Act of 1998.
    Sec. 420B. Affidavit of support.
    Sec. 420C. Retaining workers subject to green card backlog.
    Sec. 420D. Return of Talent Program.
                    Chapter 2--Uniting American Families Act

    Sec. 421. Short title.
    Sec. 422. Definitions.
    Sec. 423. Availability of immigrant visas for permanent partners.
    Sec. 423A. Procedure for granting immigrant status.
    Sec. 424. Admission of refugees and asylees.
    Sec. 425. Inadmissible and deportable aliens.
    Sec. 426. Nonimmigrant and conditional permanent resident status.
    Sec. 427. Removal, cancellation of removal, and adjustment of status.
    Sec. 428. Application of criminal penalties for misrepresentation and
                                concealment of facts regarding permanent
                                partnerships.
    Sec. 429. Naturalization requirements.
    Sec. 430. Application of family unity provisions to other laws.
        Chapter 3--Reforms to Specific Employment-Based Visa Categories

                   subchapter a--reforms to the eb-5 program

    Sec. 431. EB-5 Regional Center Program fees.
    Sec. 432. Adjustment of status.
    Sec. 433. Set-aside programs.
    Sec. 434. Expansion of EB-5 Program.
            subchapter b--adjustments to other select visa programs

    Sec. 435. Elimination of sunset provisions.
    Sec. 436. Permanent authorization of the nonimmigrant nurses in health
                                professional shortage areas program.
    Sec. 437. Incentives for physicians to practice in medically
                                underserved communities.
    Sec. 438. Student visa reform.
    Sec. 439. Temporary visas for individuals from Ireland.
    Sec. 440. S visas.
       Chapter 4--Protection of H-2B Nonimmigrants and Workers Recruited
                                     Abroad

    Sec. 441. Definitions.
    Sec. 442. Protections for workers recruited abroad.
    Sec. 443. Enforcement provisions.
    Sec. 444. Transfer of forest, conservation, nursery, and logging
                                workers to the H-2A agricultural worker
                                program.
    Sec. 445. H-2B nonimmigrant labor certification application fees.
    Sec. 446. Labor agreement provisions.
    Sec. 447. Enforcement of Federal labor laws.
                      Chapter 5--H-2B and L-1 Visa Reforms

              subchapter a--h-1b employer application requirements

    Sec. 451. Application requirements.
    subchapter b--investigation and disposition of complaints against h-1b
                                   employers

    Sec. 452. Investigation procedures.
                        subchapter c--other protections

    Sec. 453. H-1B government authority and requirements.
    Sec. 454. H-1B and L-1 visa requirements.
    Sec. 455. Additional department of labor employees.
               subchapter d--l-1 visa fraud and abuse protections

    Sec. 456. L-1 employer petition requirements.
    Sec. 457. Application.
    Sec. 458. Report on L-1 blanket petition process.
                Chapter 6--Miscellaneous Employment Visa Reforms

    Sec. 461. Providing premium processing of employment-based visa
                                petitions.
    Sec. 462. Visa revalidation.
    Sec. 463. Application fees for intending immigrants.
    Sec. 464. E-1, E-2, and L-1 visas.
    Sec. 465. Time limits for nonimmigrants to depart the United States.
                              Chapter 7--POWER Act

    Sec. 471. Short title.
    Sec. 472. Victims of serious labor and employment violations or crime.
    Sec. 473. Labor enforcement actions.
    Sec. 474. Authorization of appropriations.
       Chapter 8--Agricultural Job Opportunities, Benefits, and Security

    Sec. 475. Short title.
                         subchapter a--blue card status

    Sec. 476. Requirements for blue card status.
    Sec. 477. Application for blue card status.
    Sec. 478. Adjustment to permanent residence.
    Sec. 479. Other provisions.
    Sec. 480. Correction of Social Security records.
                  subchapter b--reform of h-2a worker program

    Sec. 481. Amendments to the Immigration and Nationality Act.
                     subchapter c--miscellaneous provisions

    Sec. 482. Determination and use of user fees.
    Sec. 483. Rulemaking.
    Sec. 484. Reports to Congress.
    Sec. 485. Effective date.
               TITLE V--REGISTRATION OF UNDOCUMENTED INDIVIDUALS

                Subtitle A--Lawful Prospective Immigrant Status

    Sec. 501. Lawful Prospective Immigrant Status.
    Sec. 502. Adjustment of status for Lawful Prospective Immigrants.
    Sec. 503. Administrative review, removal proceedings, and judicial
                                review for aliens who have applied for
                                Lawful Prospective Immigrant status.
    Sec. 504. Confidentiality of information.
    Sec. 505. Aliens not subject to direct numerical limitations.
    Sec. 506. Employer protections.
    Sec. 507. Assignment of Social Security number.
                           Subtitle B--Implementation

    Sec. 508. Rulemaking.
    Sec. 509. Exemption from government contracting and hiring rules.
    Sec. 510. Authority to acquire leaseholds.
    Sec. 511. Privacy and civil liberties.
    Sec. 512. Statutory construction.
                           Subtitle C--Miscellaneous

    Sec. 513. Correction of Social Security records.
    Sec. 514. Fraud prevention program.
    Sec. 515. Data collection requirements.
                             Subtitle D--Dream Act

    Sec. 520. Short title.
    Sec. 521. Definitions.
    Sec. 522. Restoration of State option to determine residency for
                                purposes of higher education benefits.
    Sec. 523. Cancellation of removal and adjustment of status of certain
                                long-term residents who entered the United
                                States as children.
    Sec. 524. Conditional permanent resident status.
    Sec. 525. Retroactive benefits under this subtitle.
    Sec. 526. Exclusive jurisdiction.
    Sec. 527. Penalties for false statements in application.
    Sec. 528. Confidentiality of information.
    Sec. 529. Expedited processing of applications; prohibition on fees.
    Sec. 530. Higher education assistance.
    Sec. 531. GAO report.
          Subtitle E--Funding for the Department of Homeland Security

    Sec. 540. Effective funding.
               TITLE VI--IMMIGRANT INTEGRATION AND OTHER REFORMS

    Subtitle A--Strengthen and Unite Communities With Civics Education and
                                 English Skills

       Chapter 1--Expanding English Literacy, United States History, and
                                Civics Education

    Sec. 601. Increased investment in English literacy, United States
                                history, and civics education under the
                                Adult Education and Family Literacy Act.
    Sec. 602. Definitions of English language learner.
    Sec. 603. Credits for teachers of English language learners.
    Sec. 604. Research in adult education.
    Chapter 2--Supporting English Language Acquisition and Adult Education
                                in the Workforce

    Sec. 611. Credit for employer-provided adult English literacy and basic
                                education programs.
    Sec. 612. Presidential award for business leadership in promoting
                                United States citizenship.
                    Chapter 3--Building Stronger Communities

    Sec. 621. Office of Citizenship and New Americans.
    Sec. 622. Grants to States.
    Sec. 623. Authorized activities.
    Sec. 624. Reporting and evaluation.
    Sec. 625. New citizens award program.
    Sec. 626. Rule of construction.
    Sec. 627. Authorization of appropriations.
                               Chapter 4--Grants

    Sec. 631. Grants to support public education and community training.
    Sec. 632. Grant program to assist applicants for naturalization.
              Subtitle B--Emergency Relief for Certain Populations

    Sec. 641. Adjustment of status for certain Haitian orphans.
    Sec. 642. Adjustment of status for certain Liberian nationals.
                     Subtitle C--Wartime Treatment Studies

         PART I--Commission on Wartime Treatment of European Americans

    Sec. 651. Findings.
    Sec. 652. Definitions.
    Sec. 653. Establishment of commission on wartime treatment of european
                                americans.
    Sec. 654. Duties of the European American Commission.
    Sec. 655. Powers of the European American Commission.
    Sec. 656. Administrative provisions.
    Sec. 657. Authorization of appropriations.
    Sec. 658. Sunset.
          PART II--Commission on Wartime Treatment of Jewish Refugees

    Sec. 661. Establishment of Commission on Wartime Treatment of Jewish
                                Refugees.
    Sec. 662. Duties of the Jewish Refugee Commission.
    Sec. 663. Powers of the Jewish Refugee Commission.
    Sec. 664. Administrative provisions.
    Sec. 665. Authorization of appropriations.
    Sec. 666. Sunset.
                PART III--Funding Source for the Wartime Studies

    Sec. 671. Funding source.
               Subtitle D--State Court Interpreter Grant Program

    Sec. 681. Findings.
    Sec. 682. State court interpreter program.
    Sec. 683. Authorization of appropriations.
                           Subtitle E--Other Matters

    Sec. 691. Adjustment of status for certain victims of terrorism.
    Sec. 692. Development of assessment and strategy addressing factors
                                driving migration.
    Sec. 693. Sense of Congress on increased United States foreign policy
                                coherency in the Western Hemisphere.

    SEC. 2. REFERENCES TO IMMIGRATION AND NATIONALITY ACT.

        Except as otherwise expressly provided, whenever in this Act an
    amendment or repeal is expressed in terms as 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.

    SEC. 3. DEFINITIONS.

        In this Act:
                (1) Department.--The term ``Department'' means the
            Department of Homeland Security.
                (2) Northern border.--The term ``Northern border'' means
            the international land border between the United States and
            Canada.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of Homeland Security.
                (4) Southern border.--The term ``Southern border'' means
            the international land border between the United States and
            Mexico.

                          TITLE I--BORDER ENFORCEMENT

                  Subtitle A--Additional Assets and Resources

    SEC. 101. EFFECTIVE DATE TRIGGERS.

        (a) In General.--Notwithstanding any effective date provision or
    any other law, an alien in lawful prospective immigrant status may not
    adjust status to the status of an alien lawfully admitted for permanent
    residence under section 502 until--
                (1) the Secretary submits a written certification to the
            President and Congress that the measures described in
            subsection (b) are established, funded, and operational; and
                (2) the Attorney General submits a written certification to
            the President and Congress that each of the measures described
            in subsection (c) are established, funded, and operational.
        (b) Measures by Department of Homeland Security.--The measures
    described in this subsection are established, funded, and operational
    if--
                (1) United States Immigration and Customs Enforcement (ICE)
            has--
                        (A) a total force of 6,410 agents to investigate
                    violations of criminal law, including document and
                    benefit fraud and the cross-border smuggling of aliens,
                    firearms, narcotics, and other contraband;
                        (B) a total force of 185 worksite enforcement
                    auditors to support a worksite enforcement strategy
                    that prioritizes developing cases against employers
                    committing serious violations;
                        (C) created and staffed an Immigration Benefit and
                    Document Fraud Task Force in each field office headed
                    by a Special Agent in Charge;
                        (D) a nationwide plan with benchmarks to
                    dramatically increase the nationwide enrollment of an
                    alternatives to detention program that utilizes
                    community-based nonprofit organizations; and
                        (E) implemented civil detention standards with
                    which each facility detaining immigrants is required to
                    comply;
                (2) United States Customs and Border Protection (CBP) has--
                        (A) a total force of 21,000 United States Border
                    Patrol agents who have been hired, trained, and have
                    reported for duty, including increased numbers of
                    personnel who conduct inspections for drugs,
                    contraband, and immigrants who are unlawfully present
                    at ports of entry in the United States;
                        (B) a total force of 21,500 officers who have been
                    hired, trained, and have reported for duty at the
                    Office of Field Operations;
                        (C) 7 unmanned aircraft systems deployed and
                    operational;
                        (D) remote video surveillance systems deployed and
                    operational at 300 sites;
                        (E) 200 scope trucks; and
                        (F) 56 mobile surveillance systems.
                (3) the employment verification system established under
            title III is fully operational and mandatory for all employers;
            and
                (4) the Secretary has received, and is processing and
            adjudicating in a timely manner, applications under title 5,
            including conducting all necessary background and security
            checks required under such title.
        (c) Measures by Department of Justice.--The measures described in
    this subsection are established, funded, and operational if the
    Department of Justice has--
                (1) 300 Assistant United States Attorneys in place who
            prosecute criminal violations at the border; and
                (2) 275 Immigration Judges in place with appropriate
            support staff.

    SEC. 102. CUSTOMS AND BORDER PROTECTION PERSONNEL.

        (a) Staff Enhancements.--
                (1) Revisions to fiscal year allocations and funding.--
            Title II of the Department of Homeland Security Appropriations
            Act, 2010 (Public Law 111-83), is amended by inserting
            ``Provided further, That of the total amount provided,
            $40,000,000 shall be used to pay the salaries and related
            compensation for 250 additional Customs and Border Protection
            officers and 25 associated support staff personnel, who shall
            be devoted to new inspection lanes at new land ports of entry
            on the Southwest border'' before the period at the end of the
            first paragraph.
                (2) New personnel.--In addition to positions authorized
            before the date of the enactment of this Act and any officer
            vacancies within United States Customs and Border Protection on
            such date, the Secretary shall hire, train, and assign to duty,
            not later than September 30, 2013--
                        (A) 2,500 full-time Customs and Border Protection
                    officers to serve on all primary, secondary, incoming,
                    and outgoing inspection lanes and enforcement teams at
                    United States land ports of entry on the Northern
                    border;
                        (B) 2,500 full-time Customs and Border Protection
                    officers to serve on all primary, secondary, incoming,
                    and outgoing inspection lanes and enforcement teams at
                    United States land ports of entry on the Southern
                    border; and
                        (C) 350 full-time support staff for all United
                    States ports of entry.
        (b) Waiver of FTE Limitation.--The Secretary may waive any
    limitation on the number of full-time equivalent personnel assigned to
    the Department in order to fulfill the requirements under subsection
    (a).
        (c) Report to Congress.--
                (1) Outbound inspections.--Not later than 90 days after the
            date of the enactment of this Act, the Secretary shall submit a
            report containing the Department's plans for ensuring the
            placement of sufficient United States Customs and Border
            Protection officers on outbound inspections at all Southern
            border land ports of entry to--
                        (A) the Committee on the Judiciary of the Senate;
                        (B) the Committee on the Judiciary of the House of
                    Representatives;
                        (C) the Committee on Homeland Security and
                    Governmental Affairs of the Senate; and
                        (D) the Committee on Homeland Security of the House
                    of Representatives.
                (2) Agricultural specialists.--Not later than 90 days after
            the date of the enactment of this Act, the Secretary, in
            consultation with the Secretary of Agriculture, shall submit a
            report to the committees set forth in paragraph (1) that
            contains plans for ensuring the placement of sufficient
            agriculture specialists at all Southern border land ports of
            entry.
        (d) Retention Incentives and Salaries.--
                (1) Retention payments.--During the 6-year period beginning
            on October 1, 2010, the Secretary may make incentive payments
            in an amount equal to between $5,000 and $10,000 to qualified
            United States Customs and Border Protection port of entry
            officers, to the extent necessary to retain such officers. Not
            more than $55,000,000 in retention payments may be paid under
            this paragraph.
                (2) Special rules for incentive payments.--
                        (A) Retention incentives.--Each payment made under
                    paragraph (1)--
                                (i) shall be paid to each qualified
                            employee, in a lump sum, at the end of the
                            fiscal year in which the employee is selected
                            by the Secretary, or a delegate of the
                            Secretary, to receive such payment;
                                (ii) may not be limited solely to work
                            performance, but may be based on criteria such
                            as--
                                        (I) comparative salaries for law
                                    enforcement officers in other Federal
                                    agencies;
                                        (II) costs for replacement and
                                    training of a new employee; and
                                        (III) volume of work at the port of
                                    entry;
                                (iii) shall be contingent upon the selected
                            employee signing an agreement, under penalty of
                            perjury, to continue serving as a United States
                            Customs and Border Protection officer at a land
                            port of entry for at least 3 additional years;
                            and
                                (iv) shall be subject to reimbursement if
                            the employee fails to complete the 3-year
                            service requirement described in clause (iii)
                            due to voluntary or involuntary separation from
                            service.
                        (B) Limitations.--
                                (i) Fiscal years 2011 through 2015.--In
                            each of the fiscal years 2011 through 2015, the
                            Secretary may not make more than 500 incentive
                            payments under this subsection.
                                (ii) Eligibility.--Any employee who
                            receives a retention incentive payment under
                            this subsection in a fiscal year shall not be
                            eligible to receive another such payment until
                            the employee completes at least 2 years of
                            service with the Department after receiving
                            such payment.

    SEC. 103. SECURE COMMUNICATION; EQUIPMENT; AND GRANTS FOR BORDER
                  PERSONNEL.

        (a) Secure Communication.--The Secretary shall ensure that each
    United States Customs and Border Protection officer is equipped with a
    secure 2-way communication and satellite-enabled device, supported by
    system interoperability, which allows such officers to communicate--
                (1) between ports of entry and inspection stations; and
                (2) with other Federal, State, local, and tribal law
            enforcement entities.
        (b) Border Area Security Initiative Grant Program.--
                (1) In general.--The Secretary shall establish a program
            for awarding grants for the purchase of detection equipment at
            land ports of entry and mobile, hand-held, 2-way communication
            devices for State and local law enforcement officers serving on
            the Southern border.
                (2) Authorization of appropriations.--There is authorized
            to be appropriated, for the 6-year period beginning on October
            1, 2011, $30,000,000, which shall be used for grants authorized
            under paragraph (1).

    SEC. 104. INFRASTRUCTURE IMPROVEMENTS AND EXPANSION OF LAND PORTS OF
                  ENTRY.

        (a) Amendments to American Recovery and Reinvestment Act of 2009.--
    Title VI of the American Recovery and Reinvestment Act of 2009 (Public
    Law 111-5), under the heading entitled ``Construction'' is amended--
                (1) by striking ``U.S. Customs and Border Protection
            owned''; and
                (2) by inserting ``Provided further, That $300,000,000
            shall be used for infrastructure improvements, expansion, and
            new construction (or reimbursement for new construction costs
            incurred during fiscal years 2007 through 2012) of high-volume
            ports of entry along the Northern border and the Southern
            border, regardless of port ownership'' before the period at the
            end.
        (b) Effective Date.--The amendments made under subsection (a) shall
    take effect as if included in the American Recovery and Reinvestment
    Act of 2009, as of the date of the enactment of such Act.

    SEC. 105. ADDITIONAL AUTHORITIES FOR PORT OF ENTRY CONSTRUCTION.

        (a) In General.--In order to aid in the enforcement of Federal
    customs, immigration, and agriculture laws, the Commissioner of U.S.
    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, exchange, or otherwise,
            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 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 (as defined in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 450b)),
            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) Savings provision.--Nothing in this subsection may be
            construed--
                        (A) to create any right or liability of the parties
                    described in paragraph (1);
                        (B) to affect the legality and validity of any
                    determination under this Act by the Secretary; or
                        (C) to affect any consultation requirement under
                    any other law.

    SEC. 106. ADDITIONAL INCREASES IN IMMIGRATION ENFORCEMENT PERSONNEL.

        (a) Immigration and Customs Enforcement Investigators.--Section
    5203 of the Intelligence Reform and Terrorism Prevention Act of 2004
    (Public Law 108-458; 118 Stat. 3734) is amended by striking ``800'' and
    inserting ``1000''.
        (b) Additional Personnel.--In addition to the positions authorized
    under section 5203 of the Intelligence Reform and Terrorism Prevention
    Act of 2004, as amended by paragraph (1), during each of the fiscal
    years 2011 through 2015, the Secretary shall, subject to the
    availability of appropriations, increase by not less than 50 the number
    of positions for personnel within the Department assigned to
    investigate alien smuggling.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary such sums as may be necessary for each of
    the fiscal years 2011 through 2015 to carry out this section.

    SEC. 107. ADDITIONAL IMMIGRATION COURT PERSONNEL.

        (a) Department of Justice.--
                (1) Litigation attorneys.--In each of fiscal years 2011
            through 2015, the Attorney General shall, subject to the
            availability of appropriations for such purpose, increase by
            not less than 50 the number of positions for attorneys in the
            Office of Immigration Litigation of the Department of Justice.
                (2) Immigration judges.--In each of fiscal years 2011
            through 2015, the Attorney General shall, subject to the
            availability of appropriations for such purpose--
                        (A) increase by not less than 20 the number of
                    full-time immigration judges compared to the number of
                    such positions for which funds were made available
                    during the preceding fiscal year; and
                        (B) increase by not less than 80 the number of
                    positions for personnel to support the immigration
                    judges described in subparagraph (A) compared to the
                    number of such positions for which funds were made
                    available during the preceding fiscal year.
                (3) Staff attorneys.--In each of fiscal years 2011 through
            2015, the Attorney General shall, subject to the availability
            of appropriations for such purpose--
                        (A) increase by not less than 10 the number of
                    positions for full-time staff attorneys in the Board of
                    Immigration Appeals compared to the number of such
                    positions for which funds were made available during
                    the preceding fiscal year; and
                        (B) increase by not less than 10 the number of
                    positions for personnel to support the staff attorneys
                    described in subparagraph (A) compared to the number of
                    such positions for which funds were made available
                    during the preceding fiscal year.
                (4) Authorization of appropriations.--There are authorized
            to be appropriated to the Attorney General for each of the
            fiscal years 2011 through 2015 such sums as may be necessary to
            carry out this subsection, including the hiring of necessary
            support staff.

    SEC. 108. IMPROVED TRAINING FOR BORDER SECURITY AND IMMIGRATION
                  ENFORCEMENT OFFICERS.

        The Secretary shall ensure that Customs and Border Protection
    agents, U.S. Border Patrol agents, Immigration and Customs Enforcement
    agents, and Agricultural Inspectors stationed within 100 miles of any
    land or marine border of the United States or at any United States port
    of entry receive appropriate training, prepared in collaboration with
    the Office for Civil Rights and Civil Liberties, in--
                (1) identifying and detecting fraudulent travel documents;
                (2) civil, constitutional, and privacy rights of
            individuals;
                (3) limitations on the use of force, including lethal
            force, against individuals apprehended or encountered while on
            duty; and
                (4) screening, identifying, and addressing vulnerable
            populations, including children, victims of crime and human
            trafficking, and individuals fleeing persecution or torture.

    SEC. 109. STANDARDS OF PROFESSIONAL CONDUCT.

        (a) Establishment of Standards.--Not more than 90 days after the
    date of the enactment of this Act, the Secretary shall establish clear
    standards of professional conduct for interaction with the public, for
    all United States Customs and Border Protection agents, United States
    Border Patrol agents, United States Immigration and Customs Enforcement
    agents, and Agricultural Inspectors stationed within 100 miles of any
    land or marine border of the United States or at a United States port
    of entry.
        (b) Standards.--Agents of the Department who are stationed within
    100 miles of any land or marine border of the United States or at a
    United States port of entry--
                (1) may not violate any law or any agency policy, rule, or
            procedure;
                (2) shall obey all lawful orders;
                (3) may not engage in any on-duty or off-duty conduct or
            activities that discredit on the agents, 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 demonstrates a service orientation
            and fosters public respect and cooperation;
                (5) shall treat violators and perceived violators with
            respect and courtesy;
                (6) shall refrain from an officious or overbearing attitude
            or language that belittles, ridicules, or intimidates
            individuals;
                (7) may not unnecessarily delay the performance of their
            duty;
                (8) shall respect the civil rights and protect the well-
            being of those in their charge, while adhering to their
            agency's use-of-force policy and recognizing the need to
            demonstrate authority and control over suspects and detainees;
                (9) may not use their authority as Federal agents to
            resolve personal grievances, including those involving the
            officer, family members, relatives, or friends; and
                (10) shall summon other on-duty personnel and a supervisor
            if the agent's personal involvement with a member of the public
            would reasonably require law enforcement intervention.
        (c) Oversight and Evaluation.--The Secretary shall develop and
    implement an officer evaluation and supervisor evaluation plan that
    applies the standards described in subsection (b), ensures agent
    responsibility, and protects civil rights by--
                (1) making adherence to the standards of professional
            conduct a requirement for promotion from probationary to
            journeyman status and as a central criterion in periodic
            evaluations and further promotions of officers;
                (2) holding managers and senior officers 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) establishing strong penalties for failures to follow
            the standards of professional conduct; and
                (4) not indemnifying agents that violate the civil rights
            standards to which they are required to comply.
        (d) Limitation.--The standards of conduct set forth in this section
    are not an exhaustive treatment of requirements, limitations, or
    prohibitions on agent conduct and activities established by the
    Secretary.
        (e) 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.
        (f) Complaints.--Not more than 180 days after the date of the
    enactment of this Act, the Secretary, in consultation with the Office
    for Civil Rights and Civil Liberties, shall establish a uniform and
    standardized procedure for the public regarding complaints against U.S.
    Customs and Border Protection agents, U.S. Border Patrol agents, and
    Agricultural Inspectors for violations of standards of professional
    conduct that--
                (1) requires such agents and inspectors to quickly review,
            effectively investigate, and meaningfully resolve complaints;
                (2) identifies patterns of abuse or malfeasance;
                (3) is accessible, transparent, consistent, effective, and
            fair;
                (4) is uniformly applied to all Border Patrol Sectors and
            Ports of Entry;
                (5) specifies to whom, how, and where complaints are to be
            filed;
                (6) is posted in a publicly visible place at all ports of
            entry and interior checkpoints and is accessible in multiple
            languages;
                (7) allocates a sufficient percentage of the funding
            appropriated to the Department for enforcement initiatives to
            provide staff and resources commensurate with the quantity of
            complaints submitted;
                (8) includes a publicly accessible national, standardized
            database capable of tracking and analyzing complaints and their
            resolution; and
                (9) makes copies of complaints and their resolutions
            publicly accessible and permanently preserved and available for
            inspection, while maintaining the confidentiality of
            complainants' identities.
        (g) Complainants.--
                (1) Eligible complainants.--Any interested party or legal
            representative may file a complaint against the Department for
            violation of standards of professional conduct through the
            complaint procedure established under subsection (f).
                (2) Retaliation.--Law enforcement officers may not engage
            in any action against a complainant in retaliation for filing a
            complaint under paragraph (1).
                (3) Limitation on use of information.--A United States
            employee may not--
                        (A) use any information received from a complaint
                    filed under this section to initiate removal
                    proceedings or removals against any person filing the
                    complaint or identified in the complaint; or
                        (B) remove any individual involved in a complaint
                    filed under this section while the complaint is
                    pending.
                (4) Publication.--Information from the complaint that
            relates to a specific individual involved in a complaint may
            not be published if it would result in the identification of
            the individual.
                (5) Department assistance.--The Department shall provide
            assistance to complainants seeking to file complaints under
            this subsection, including language assistance, accommodations
            for disabilities, and accurate and complete responses to their
            questions.
        (h) Annual Report.--
                (1) In general.--The Secretary shall submit an annual
            report to the congressional committees set forth in paragraph
            (2) that describes--
                        (A) the number and type of complaints received in
                    each sector;
                        (B) demographic information about the complainants;
                        (C) the results of the investigations conducted to
                    determine whether the alleged violations of
                    professional standards occurred, including--
                                (i) which standards were violations of
                            standards;
                                (ii) any disciplinary actions taken; and
                                (iii) any complaint patterns that could be
                            prevented or reduced by policy or practice
                            changes.
                (2) Congressional committees.--The congressional committees
            set forth in this paragraph are--
                        (A) the Committee on Homeland Security and
                    Governmental Affairs of the Senate;
                        (B) the Committee on the Judiciary of the Senate;
                        (C) the Committee on Homeland Security of the House
                    of Representatives;
                        (D) the Committee on the Judiciary of the House of
                    Representatives; and
                        (E) the Committee on Oversight and Government
                    Reform of the House of Representatives.

    SEC. 110. INVENTORY OF ASSETS AND PERSONNEL.

        (a) Inventory.--The Secretary shall identify and inventory--
                (1) the assets, equipment, supplies, and other physical
            resources dedicated to border security and enforcement before
            any of the increases authorized under this Act; and
                (2) the personnel and other human resources dedicated to
            border security and enforcement before any of the increases in
            personnel and other human resources authorized under this Act.
        (b) Report.--Not later than 90 days after the date of the enactment
    of this Act, the Secretary shall submit the inventory required under
    subsection (a) to the congressional committees set forth in section
    108(h)(2).

    SEC. 111. CUSTOMS BORDER PATROL AND BORDER PROTECTION ASSETS.

        (a) Personal Equipment.--
                (1) Body armor.--The Secretary shall ensure that each
            border patrol agent--
                        (A) is issued high-quality body armor that is
                    appropriate for the climate and risks faced by the
                    agent;
                        (B) is permitted to select body armor from among a
                    variety of approved brands and styles;
                        (C) is strongly encouraged, but not required, to
                    wear such body armor whenever practicable; and
                        (D) is issued replacement body armor not less
                    frequently than once every 5 years.
                (2) Weapons.--The Secretary shall ensure that--
                        (A) border patrol 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; and
                        (B) 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, at no cost to such agents--
                        (A) all necessary uniform items, including
                    outerwear suited to the climate, footwear, belts,
                    holsters, and personal protective equipment; and
                        (B) replacement uniform items as such items become
                    worn or unserviceable or no longer fit properly.
        (b) Helicopters and Power Boats.--
                (1) Helicopters.--The Secretary shall--
                        (A) conduct a review of the helicopters needed by
                    the Border Patrol;
                        (B) if the Secretary determines that the number of
                    helicopters is insufficient, increase the number of
                    helicopters under the control of the Border Patrol; and
                        (C) ensure that appropriate types of helicopters
                    are procured for the various missions being performed.
                (2) Power boats.--The Secretary shall--
                        (A) conduct a review of the power boats needed by
                    the Border Patrol;
                        (B) if the Secretary determines that the number of
                    power boats is insufficient, increase the number of
                    power boats under the control of the Border Patrol; and
                        (C) ensure that the types of power boats that are
                    procured are appropriate for the waterways in which
                    they are used and the mission requirements.
                (3) Use and training.--The Secretary shall--
                        (A) establish a standard policy on the use of the
                    helicopters and power boats procured under this
                    subsection; and
                        (B) implement training programs for the Border
                    Patrol agents who use such assets, including safe
                    operating procedures and rescue operations.
        (c) Motor Vehicles.--
                (1) Quantity.--The Secretary shall--
                        (A) conduct a review of the motor vehicles needed
                    by the Border Patrol;
                        (B) if the Secretary determines that the number of
                    motor vehicles is insufficient, establish a fleet of
                    motor vehicles appropriate for use by the Border
                    Patrol; and
                        (C) 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--
                        (A) is equipped with a portable computer with
                    access to all necessary law enforcement databases; and
                        (B) is otherwise suited to the unique operational
                    requirements of the Border Patrol.
                (2) Radio equipment.--The Secretary shall augment the radio
            communications system of the Border Patrol so that--
                        (A) 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; and
                        (B) each portable communications device is 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.--If the
            Secretary determines that a class of Border Patrol agents each
            need a handheld global positioning system device to effectively
            and safely carry out his or her duties, the Secretary shall
            ensure that each such agent 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. 112. TECHNOLOGICAL ASSETS.

        (a) Acquisition.--Subject to the availability of appropriations for
    such purpose, the Secretary shall procure additional unmanned aerial
    systems, aircrafts, cameras, poles, ground sensors, and other
    technologies necessary to achieve effective control of the land and
    maritime borders of the United States.
        (b) Unmanned Aircraft and Associated Infrastructure.--The Secretary
    shall acquire and maintain unmanned aerial systems for use on the
    border, including related equipment such as--
                (1) additional sensors;
                (2) critical spares;
                (3) satellite command and control; and
                (4) other necessary equipment for operational support.
        (c) Privacy and Civil Liberties Assessments.--The Secretary, in
    consultation with the Attorney General, shall conduct a privacy impact
    assessment and a civil liberties impact assessment before the
    deployment of new technologies under this section.
        (d) Authorization of Appropriations.--
                (1) There are authorized to be appropriated to the
            Secretary such sums as may be necessary for each of the fiscal
            years 2011 through 2015 to carry out subsections (a) and (b).
                (2) Availability of funds.--Amounts appropriated pursuant
            to paragraph (1) shall remain available until expended.

    SEC. 113. SURVEILLANCE TECHNOLOGIES PROGRAMS.

        (a) Aerial Surveillance 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 (8
            U.S.C. 1701 note) and subject to the availability of
            appropriations for such purpose, the Secretary shall continue
            to fully integrate and utilize aerial surveillance
            technologies, including unmanned aerial systems, that the
            Secretary determines to be necessary to enhance the security of
            the border between the United States and Canada and the border
            between the United States and Mexico.
                (2) Assessment and consultation requirements.--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;
                        (C) consult with the Secretary of Defense regarding
                    any technologies or equipment which the Secretary may
                    deploy along a 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;
                        (E) consult with the Secretary of State with
                    respect to any foreign policy or international law
                    implications relating to the implementation or conduct
                    of the program; and
                        (F) conduct a privacy impact assessment and civil
                    liberties impact assessment before the deployment of
                    the new technologies under this subsection.
                (3) Evaluation of technologies.--The aerial surveillance
            program authorized under this subsection shall 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 the international border of the United
            States, to evaluate, for a range of circumstances--
                        (A) the significance of previous experiences with
                    such technologies in border security or critical
                    infrastructure protection;
                        (B) the cost and effectiveness of various
                    technologies for border security, including varying
                    levels of technical complexity; and
                        (C) liability, safety, civil liberties, and privacy
                    concerns relating to the utilization of such
                    technologies for border security.
                (4) Additional reviews.--In accordance with sections 222
            and 705 of the Homeland Security Act of 2002 (6 U.S.C. 142 and
            345), the Chief Privacy Officer and the Officer for Civil
            Rights and Civil Liberties shall conduct additional reviews, as
            necessary.
                (5) Continued use of aerial surveillance technologies.--The
            Secretary may continue the operation of aerial surveillance
            technologies in use as of the date of the enactment of this Act
            while assessing the effectiveness of the utilization of such
            technologies.
                (6) Authorization of appropriations.--There are authorized
            to be appropriated such sums as may be necessary for each of
            the fiscal years 2011 through 2015 to carry out this
            subsection.
        (b) Integrated and Automated Surveillance Program.--
                (1) Requirement for program.--Subject to the availability
            of appropriations, the Secretary shall establish a program to
            procure additional unmanned aerial systems, cameras, poles,
            sensors, satellites, radar coverage, and other technologies
            necessary--
                        (A) to achieve effective control of the Northern
                    border and the Southern border; and
                        (B) to establish a security perimeter known as a
                    ``virtual fence'' along such international borders to
                    provide a barrier to unauthorized immigration.
                (2) Program components.--In carrying out the program under
            this subsection, the Secretary, to the maximum extent feasible,
            shall--
                        (A) utilize integrated technologies that function
                    cohesively in an automated fashion;
                        (B) use a standard process to collect, catalog, and
                    report intrusion and response data collected under the
                    program;
                        (C) ensure that future surveillance technology
                    investments and upgrades for the program can be
                    integrated with existing systems;
                        (D) develop and apply performance measures to
                    evaluate whether the program is providing desired
                    results by increasing response effectiveness in
                    monitoring and detecting unauthorized intrusions along
                    the Northern border and the Southern border;
                        (E) develop plans, in accordance with relevant
                    environmental laws, to streamline site selection, site
                    validation, and environmental assessment processes to
                    minimize delays of installing surveillance technology
                    infrastructure;
                        (F) develop standards to expand the shared use of
                    existing private and governmental structures to install
                    remote surveillance technology infrastructure to the
                    extent possible; and
                        (G) develop standards to identify and deploy the
                    use of nonpermanent or mobile surveillance platforms
                    that will increase the Secretary's mobility and ability
                    to identify unauthorized border intrusions.
                (3) Authorization of appropriations.--There are authorized
            to be appropriated such sums as may be necessary for each of
            the fiscal years 2011 through 2015 to carry out this
            subsection.

       Subtitle B--Enhanced Coordination and Planning for Border Security

    SEC. 121. ANNUAL REPORT ON IMPROVING NORTH AMERICAN SECURITY
                  INFORMATION EXCHANGE.

        (a) Requirement for Reports.--Not later than 1 year after the date
    of the 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 a report to Congress that
    describes the progress made during the most recent 12-month period in
    improving the effectiveness with which information relating to North
    American security is exchanged between the Governments of the United
    States, of Canada, and of Mexico.
        (b) Contents.--
                (1) Security clearances and document integrity.--Each
            report submitted under subsection (a) shall describe 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) the joint efforts of the United States, Canada,
                    and Mexico to encourage foreign governments to enact
                    laws that--
                                (i) combat alien smuggling and trafficking;
                            and
                                (ii) forbid the use and manufacture of
                            fraudulent travel documents; and
                        (C) efforts made to ensure that other countries
                    meet proper travel document standards and are committed
                    to travel document verification before the nationals of
                    such countries travel internationally, including travel
                    to the United States.
                (2) Immigration and visa management.--Each report submitted
            under subsection (a) shall describe the progress made in
            sharing information regarding high-risk individuals who attempt
            to enter Canada, Mexico, or the United States, including--
                        (A) implementing the Statement of Mutual
                    Understanding on Information Sharing, signed by Canada
                    and the United States in February 2003; and
                        (B) identifying and analyzing trends related to
                    immigration fraud, including asylum and document fraud.
                (3) Visa policy coordination and immigration security.--
            Each report submitted under subsection (a) shall describe the
            progress made by Canada, Mexico, and the United States to
            enhance North American security by cooperating on visa policy
            and identifying best practices regarding immigration security,
            including--
                        (A) 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) 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) exploring methods for Canada, Mexico, and the
                    United States to waive visa requirements for nationals
                    and citizens of the same foreign countries;
                        (D) developing and implementing an immigration
                    security strategy for North America that utilizes a
                    common security perimeter by enhancing technical
                    assistance for programs and systems to support advance
                    automated reporting and risk targeting of international
                    passengers;
                        (E) real-time sharing of information on lost and
                    stolen passports among immigration or law enforcement
                    officials of Canada, Mexico, and the United States; and
                        (F) collecting 10 fingerprints from each individual
                    who applies for a visa.
                (4) North american visitor overstay program.--Each report
            submitted under subsection (a) shall describe the progress made
            by Canada and the United States in implementing parallel entry-
            exit tracking systems that--
                        (A) respect the privacy laws of both countries; and
                        (B) share information regarding third country
                    nationals who have overstayed their period of
                    authorized admission in Canada or the United States.
                (5) Terrorist watch lists.--Each report submitted under
            subsection (a) shall describe the capacity of the United States
            to combat terrorism through the coordination of
            counterterrorism efforts, including--
                        (A) developing and implementing bilateral
                    agreements between Canada and the United States and
                    between Mexico and the United States--
                                (i) to govern the sharing of terrorist
                            watch list data; and
                                (ii) to comprehensively enumerate the uses
                            of such data by the governments of each
                            country;
                        (B) establishing appropriate linkages among Canada,
                    Mexico, and the United States Terrorist Screening
                    Center;
                        (C) establishing a multilateral watch list
                    mechanism that would facilitate direct coordination
                    between the country that identifies individuals on a
                    watch list and the country that owns such list,
                    including procedures that satisfy security concerns,
                    comply with privacy laws, and are consistent with the
                    other laws of each participating country; and
                        (D) 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.--Each report submitted under subsection (a) shall
            describe improvements made in information sharing and law
            enforcement cooperation in combating organized crime,
            including--
                        (A) combating currency smuggling, money laundering,
                    alien smuggling, and trafficking in alcohol, firearms,
                    and explosives;
                        (B) determining the feasibility of formulating a
                    firearms trafficking action plan between Mexico and the
                    United States;
                        (C) developing a joint threat assessment on
                    organized crime between Canada and the United States;
                        (D) determining the feasibility of formulating a
                    joint threat assessment on organized crime between
                    Mexico and the United States;
                        (E) developing mechanisms to exchange information
                    on findings, seizures, and capture of individuals
                    transporting undeclared currency; and
                        (F) developing and implementing a plan to combat
                    the transnational threat of illegal drug trafficking.
                (7) Law enforcement cooperation.--Each report submitted
            under subsection (a) shall describe enhancements in law
            enforcement cooperation among Canada, Mexico, and the United
            States, including--
                        (A) enhanced technical assistance for the
                    development and maintenance of a national database
                    built upon identified best practices to identify
                    suspected criminals or terrorists;
                        (B) the feasibility of establishing law enforcement
                    teams that include personnel from the United States and
                    Mexico; and
                        (C) the appropriate procedures for such
                    multinational teams.

    SEC. 122. 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
    appropriate officials of the Government of Mexico to improve
    coordination between the United States and Mexico to--
                (1) improve border security along the international border
            between the United States and Mexico;
                (2) reduce human trafficking and smuggling between the
            United States and Mexico;
                (3) reduce drug trafficking and smuggling between the
            United States and Mexico;
                (4) reduce gang membership in the United States and Mexico;
                (5) reduce violence against women in the United States and
            Mexico; and
                (6) reduce 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 appropriate officials of the Government of
    Mexico to educate citizens and nationals of Mexico regarding their
    eligibility for nonimmigrant status in the United States to ensure that
    such 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 appropriate officials of the
    Government of Mexico to encourage circular migration of citizens and
    nationals of Mexico, including assisting in the development of economic
    opportunities and the provision of job training for such citizens and
    nationals.
        (d) Consultation Requirement.--The Secretary, in cooperation with
    State and local government officials in the United States, shall
    cooperate with their counterparts in Mexico to enhance border security
    structures along the international border between the United States and
    Mexico, as authorized by this title, by--
                (1) soliciting the views of affected communities;
                (2) lessening tensions; and
                (3) fostering greater understanding and stronger
            cooperation on border security structures and other important
            security issues of mutual concern.
        (e) Annual Report.--Not later than 180 days after the date of the
    enactment of this Act, and annually thereafter, the Secretary of State
    shall submit a report to Congress that describes the actions taken by
    the United States and Mexico under this section.

    SEC. 123. ENHANCED INTERNATIONAL COOPERATION.

        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 such 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.

    SEC. 124. 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 the Southern border.
                (2) C-TPAT programs.--The programs referred to in paragraph
            (1) include--
                        (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; and
                        (F) other industry partnership programs
                    administered by the Commissioner.
        (b) Demonstration Programs.--Not later than 180 days after the date
    of enactment of this Act, the Commissioner shall--
                (1) implement, on a demonstration basis, a Customs-Trade
            Partnership Against Terrorism program, which has been
            successfully implemented along the Northern border and along
            the Southern border; and
                (2) establish a demonstration program to develop a
            cooperative trade security system to improve supply chain
            security.

    SEC. 125. NORTHERN AND SOUTHERN BORDER DRUG PROSECUTION INITIATIVE.

        (a) Reimbursement to State and Local Prosecutors for Prosecuting
    Federally Initiated Drug Cases.--Subject to the availability of
    appropriations, the Attorney General shall reimburse State and county
    prosecutors located in States along the Northern border or the 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 may be necessary for each of the fiscal years
    2011 through 2015 to carry out subsection (a).

    SEC. 126. PROJECT GUNRUNNER INITIATIVE.

        (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 (referred to in this
    section as ``ATF'') to identify, investigate, and prosecute individuals
    involved in the trafficking of firearms across the Southern border.
        (b) Activities.--In carrying out this section, the Attorney General
    shall--
                (1) assign additional ATF agents to the area of the United
            States adjacent to the Southern border to support the expansion
            of Project Gunrunner teams;
                (2) establish not fewer than 1 Project Gunrunner team in
            each State along the Southern border; 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--
                (1) hire additional ATF agents for Project Gunrunner; and
                (2) utilize whatever additional resources are needed to
            adequately support Project Gunrunner.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated $15,000,000 for each of the fiscal years 2011 and 2012 to
    carry out this section.

    SEC. 127. OPERATION STREAMLINE PROSECUTION INITIATIVE.

        (a) Reporting Requirement.--Not later than 180 days after the date
    of the enactment of this Act, the Secretary, in coordination with the
    Attorney General, shall submit a report to the congressional committees
    set forth in subsection (b) that describes--
                (1) the operational goals and oversight mechanisms of
            Operation Streamline and similar programs;
                (2) the estimated costs of seeking Federal court
            prosecution and jail time for all unauthorized entrants--
                        (A) before their referral to immigration court
                    removal proceedings; and
                        (B) who are initially referred to immigration
                    courts upon apprehension;
                (3) the estimated costs for Federal resources to
            effectively implement Operation Streamline in each Border
            Patrol sector, including--
                        (A) sufficient judicial resources;
                        (B) Federal Public Defenders;
                        (C) United States Marshals;
                        (D) detention facilities;
                        (E) United States Attorneys; and
                        (F) other costs incurred in active areas;
                (4) the impact of Operation Streamline 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--
                        (A) the illicit firearms trade;
                        (B) human smuggling; and
                        (C) cross-border drug and currency trafficking;
                (5) the impact of Operation Streamline on discretionary
            prosecutorial decisions;
                (6) during the 3-year period ending on the date of the
            enactment of this Act--
                        (A) the costs incurred for detentions,
                    prosecutions, and incarcerations for immigrant offenses
                    under Operation Streamline;
                        (B) the number of Federal prosecutions for drug
                    trafficking, human smuggling, white-collar crimes,
                    civil rights violations, environmental crimes, and
                    other criminal cases in areas utilizing Operation
                    Streamline initiatives; and
                        (C) the length of imprisonment, names, convictions,
                    and locations of prisons used to incarcerate
                    individuals arrested under Operation Streamline;
                (7) the number of Federal convictions obtained under
            Operation Streamline, including the number of convictions for
            nonviolent immigration offenses;
                (8) the rates of Federal prosecutions and convictions in
            districts along the Southern border compared to such rates in
            other districts; and
                (9) interviews with criminal defense attorneys who have
            represented defendants charged under Operation Streamline,
            including--
                        (A) a review of the opportunity for arrestees to
                    consult with immigration attorneys before they are
                    convicted for immigration offenses; and
                        (B) the ratio of defendants to defense attorneys.
        (b) Congressional Committees.--The congressional committees set
    forth in the subsection are--
                (1) the Committee on Appropriations of the Senate;
                (2) the Committee on the Judiciary of the Senate;
                (3) the Committee on Homeland Security and Governmental
            Affairs of the Senate;
                (4) the Committee on Appropriations of the House of
            Representatives;
                (5) the Committee on the Judiciary of the House of
            Representatives; and
                (6) the Committee on Homeland Security of the House of
            Representatives.
        (c) Evaluation.--Not later than 180 days after the submission of
    the report under subsection (a), the Secretary, in coordination with
    the Attorney General, shall--
                (1) evaluate the future viability of Operation Streamline;
            and
                (2) determine whether to continue or terminate Operation
            Streamline.

    SEC. 128. BORDER RELIEF GRANT PROGRAM.

        (a) Grants Authorized.--
                (1) In general.--The Attorney General may award grants, on
            a competitive basis, 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
                    (e)(1) to provide the resources described in subsection
                    (b)(4).
                (2) 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 Northern border or the Southern border; and
                        (B) that are in compliance with Federal and State
                    racial profiling laws and guidelines.
                (3) Duration.--Grants awarded under this section may not
            exceed 2 years.
                (4) Subsequent grants.--A grantee desiring continued grant
            funding after the expiration of the initial grant shall reapply
            for such funding.
                (5) Prohibition.--The Attorney General may not award a
            grant under this section to any applicant that is under
            investigation for a violation of Federal or State racial
            profiling laws or guidelines.
        (b) Use of Funds.--Grants awarded under this section may only be
    used to provide--
                (1) additional resources for eligible law enforcement
            agencies to address drug-related criminal activity;
                (2) training and technical assistance related to--
                        (A) narcotics-related kidnaping negotiation and
                    rescue tactics;
                        (B) intelligence and information sharing on drug
                    trafficking organizations; and
                        (C) the interdiction of narcotics, weapons, and
                    illegal drug proceeds;
                (3) resources to combat criminal activities along the
            Northern border and the Southern border by--
                        (A) obtaining, upgrading, or maintaining 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;
                (4) resources to 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,
                    State, tribal, and local law enforcement agencies; and
                (5) resources to 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.
        (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 been
                    investigated for, or convicted of, a violation of
                    Federal or State racial profiling laws; 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) In general.--Each grantee under this section shall
            submit a report to the Attorney General that documents the use
            of grant funds received under this section, including an
            assessment of their utility in--
                        (A) protecting border community safety;
                        (B) preventing smuggling activities; and
                        (C) apprehending persons involved in violence and
                    organized crime.
                (2) Use of information.--The Attorney General shall analyze
            the information contained in the reports submitted under
            paragraph (1) to determine whether the grantee--
                        (A) used grant funds appropriately; and
                        (B) 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 State, tribal, 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
    biannual report to the Committee on the Judiciary of the Senate and the
    Committee on the Judiciary of the House of Representatives that
    assesses--
                (1) the success of the Border Relief Grant Program in
            combating and reducing drug-trafficking and drug-related
            criminal activity;
                (2) the cost-effectiveness of the Program; and
                (3) the future value and viability of the Program.
        (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 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 (2) and (5) 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 State, tribal, and local public funds
            obligated for the purposes described in subsection (b).

    SEC. 129. REPORT ON DEATHS AND STRATEGY STUDY.

        (a) In General.--The Commissioner of the United States Customs and
    Border Protection shall--
                (1) 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) publish the statistics collected under paragraph (1) on
            a quarterly basis; and
                (3) not later than 1 year after the date of the enactment
            of this Act, and annually thereafter, submit a report to the
            Secretary that--
                        (A) analyzes trends with respect to the statistics
                    collected under paragraph (1) during the preceding
                    year; and
                        (B) recommends actions to reduce and prevent the
                    deaths described in paragraph (1)(B).
        (b) Southwest Border Strategy Study and Analysis.--
                (1) In general.--The Secretary shall conduct a study of
            Southwest Border Enforcement operations since 1994 and its
            relationship to death rates on the border between the United
            States and Mexico, including--
                        (A) an analysis of 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;
                        (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 United States Customs and Border Protection and
                    local first responders and consular services.
                (2) Report.--The study conducted under paragraph (1) shall
            be submitted to--
                        (A) the United States-Mexico Border Enforcement
                    Commission established under section 129;
                        (B) the Committee on Homeland Security and
                    Governmental Affairs of the Senate;
                        (C) the Committee on the Judiciary of the Senate;
                        (D) the Committee on Homeland Security of the House
                    of Representatives;
                        (E) the Committee on the Judiciary of the House of
                    Representatives; and
                        (F) 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 may be necessary for each of the fiscal years
    2011 through 2015 to carry out this section.

    SEC. 130. IMMIGRATION AND 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
                    Southern border, including the Department, the
                    Department of Justice, and other relevant agencies;
                        (B) to strengthen relations and collaboration
                    between communities in the border regions and the
                    Department, the Department of Justice, and other
                    Federal agencies that carry out such strategies,
                    programs, and policies;
                        (C) to ensure that the strategies, programs, and
                    policies of Federal agencies along the Southern border
                    and the agents and employees charged to implement such
                    strategies, programs, and policies protect the due
                    process, civil, and human rights of all individuals and
                    communities at and near the Southern border; and
                        (D) to make recommendations to the President and
                    Congress with respect to such strategies, programs, and
                    policies.
                (3) Membership.--
                        (A) In general.--The Commission shall be composed
                    of 16 voting members and 2 nonvoting members.
                        (B) Appointment of voting members.--The Governors
                    of the States of California, New Mexico, Arizona, and
                    Texas shall each appoint 4 voting members to the
                    Commission, 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.
                        (C) Appointment of nonvoting members.--The
                    Secretary and the Attorney General shall each appoint 1
                    nonvoting member to the Commission.
                (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 Southern border.
                        (B) Political affiliation.--Not more than 2 members
                    of the Commission appointed by each Governor under
                    paragraph (3)(B) 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
            date of 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.--Members of the Commission shall be
            appointed for 3-year terms or for the life of the Commission,
            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
                    practicable.
                        (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, who shall serve in such capacities for the life of
            the Commission or until removed by the majority vote of a
            quorum.
                (11) Structure.--The Commission shall have a Federal,
            regional, and local review structure, divided into 2
            subcommittees, of which--
                        (A) 1 shall focus on border technology, equipment,
                    and infrastructure; and
                        (B) 1 shall 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 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 policies and practices in 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
            near the Southern border;
                (4) the extent to which--
                        (A) the complaint process is transparent and
                    accessible to the public;
                        (B) investigations are opened as necessary and are
                    effectively pursued; and
                        (C) 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 the Southern border on the--
                        (A) environment;
                        (B) cross border 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 Southern 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 that the
            Commission determines to be appropriate.
        (c) Powers of Commission.--
                (1) In general.--
                        (A) Hearings and evidence.--The Commission and any
                    subcommittee or member of the Commission authorized by
                    the Commission may, for the purpose of carrying out
                    this title--
                                (i) hold hearings, sit and act, take
                            testimony, receive evidence, and administer
                            oaths; and
                                (ii) subject to subparagraph (B), 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 authorized subcommittee or
                            member determines to be 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.--Subpoenas issued under
                            this subparagraph may be--
                                        (I) issued under the signature of
                                    the Chairman or any member designated
                                    by a majority of the Commission; and
                                        (II) 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 this subparagraph, 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) In general.--The Commission may make
                    recommendations to the Secretary on the disposition of
                    cases and the discipline of personnel under the
                    Immigration and Nationality Act (8 U.S.C. 1101 et
                    seq.).
                        (B) Response.--Not later than 180 days after
                    receipt a report from the Commission, the Secretary
                    shall issue a response that describes how the
                    Department, the Department of Justice, and the
                    Department of Defense have addressed the
                    recommendations included in such report.
                (3) Contracting.--The Commission may enter into contracts
            to enable the Commission to discharge its duties under this
            title.
                (4) Information from federal agencies.--
                        (A) In general.--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, the Commission may secure
                    information, suggestions, estimates, and statistics for
                    the purposes of this title directly from any executive
                    department, bureau, agency, board, commission, office,
                    independent establishment, or instrumentality of the
                    Federal Government, which shall, to the extent
                    authorized by law, furnish such information,
                    suggestions, estimates, and statistics directly to the
                    Commission.
                        (B) Receipt, handling, storage, and
                    dissemination.--Information may 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, on a
                    reimbursable basis, administrative support to the
                    Commission and other services required for the
                    performance of the Commission's functions.
                        (B) Other departments and agencies.--In addition to
                    the assistance described in paragraph (1), Federal
                    departments and agencies may provide the Commission
                    with such services, funds, facilities, staff, and other
                    support services 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 subsection (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;
                (4) a recommendation as to whether the Commission should
            continue to operate after the date of termination described in
            subsection (h); and
                (5) if continued operations are recommended under paragraph
            (4), a description of the purposes and duties recommended to be
            carried out by the Commission after the date of termination
            described in subsection (h).
        (g) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary for each of the fiscal years
    2011 through 2013 to carry out this section.
        (h) Sunset.--Unless the Commission is authorized by Congress to
    continue operations after such date, the Commission shall terminate on
    the date that is 60 days after the date on which the Commission submits
    the report described in subsection (f).

    SEC. 131. PREEMPTION.

        (a) In General.--Except as provided in subsections (b) and (c),
    this Act preempts any State or local law, licensing requirement, or
    other standard, requirement, action or instrument that--
                (1) discriminates among persons on the basis of immigration
            status; or
                (2) imposes any sanction or liability--
                        (A) on any person 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) based on a violation or alleged violation of
                    immigration law.
        (b) Effect of Conviction.--Notwithstanding subsection (a)(2)(C), a
    State or political subdivision of a State may take account of a Federal
    conviction for an immigration-related crime in the same manner as any
    other Federal criminal conviction.
        (c) Limitation.--Nothing in this Act may be construed to preempt--
                (1) State or local discrimination based on immigration
            status if such discrimination is explicitly authorized by
            Federal law; or
                (2) State or local citizenship requirements for voting,
            jury service, elective office, or other important governmental
            positions, to the extent such requirements comply with the
            Constitution of the United States.
        (d) Defined Term.--In this section, the term ``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 authorized under this Act.

    SEC. 132. INHERENT AUTHORITY.

        Section 287(g)(10) (8 U.S.C. 1357(g)(10)) is amended to read as
    follows:
        ``(10) Except as provided in sections 103(a)(10), 103(a)(11),
    242(c), and 274(c), or an agreement under this subsection, the
    authority to investigate, identify, apprehend, arrest, or detain
    persons for any violation of this Act or any regulation issued pursuant
    to this Act--
                ``(A) is restricted to immigration officers and employees
            of the Department; and
                ``(B) is subject to the specific limitations set forth in
            this Act.''.

    SEC. 133. BORDER PROTECTION STRATEGY.

        (a) In General.--Not later than September 30, 2011, the Secretary,
    the Secretary of the Interior, the Secretary of Agriculture, the
    Secretary of Defense, and the Secretary of Commerce, in consultation
    with State, tribal, and local government 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 under
    subsection (a) shall include--
                (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, including an assessment of--
                        (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--
                                (i) unmanned aerial vehicles;
                                (ii) other advanced technologies and
                            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, urban, and rural variation in border
                    security methodologies, including the 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 nonnative 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 labor and
                    material costs;
                        (C) maintenance costs for the next 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, State, tribal, local government, and
                    private lands along the Northern border and the
                    Southern border; and
                        (G) the costs of fully mitigating the adverse
                    impacts to Federal, State, tribal, local, and private
                    lands, waters (including water quality, quantity, and
                    hydrological flows), wildlife, and wildlife habitats,
                    including, if 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 State, tribal, and local
                    governments and appropriate authorities of the
                    Government of Mexico and the Government of Canada;
                (3) a comprehensive compilation of the fiscal investments
            in acquiring or managing Federal, State, tribal, 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 any 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 or Canada; and
                (4) recommendations for strategic border security
            management based on--
                        (A) comparative security described in paragraph
                    (1);
                        (B) the cost-benefit analysis described in
                    paragraph (2); and
                        (C) the protection of investments in the 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.
        (d) Defined Term.--In this section, the term ``Secretary
    concerned'' means--
                (1) the Secretary of Agriculture, with respect to land
            under the jurisdiction of the Secretary of Agriculture;
                (2) the Secretary of the Interior, with respect to land
            under the jurisdiction of the Secretary of the Interior;
                (3) the Secretary of Defense, with respect to land under
            the jurisdiction of the Secretary of Defense or the secretary
            of a military department; and
                (4) the Secretary of Commerce, with respect to land under
            the jurisdiction of the Secretary of Commerce.

    SEC. 134. 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 on the
    Southern border or the Northern border.
        (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 may be necessary in each of the fiscal years
    2011 through 2015 to carry out this section.

    SEC. 135. 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
    subsection (a) may be used to implement projects that are authorized
    under this subtitle and are described in--
                (1) 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
                (2) the Smart Border Declaration between the United States
            and Canada, agreed to December 12, 2001, Ottawa, Canada.

                         TITLE II--INTERIOR ENFORCEMENT

           Subtitle A--Prevention of Unauthorized Entries and Removal

    CHAPTER 1--STRENGTHENING THE VISA WAIVER PROGRAM TO SECURE AMERICA AND
                     ENFORCING ENTRY AND EXIT REQUIREMENTS

    SEC. 201. ENFORCEMENT OF REQUIREMENT TO REPORT LOST OR STOLEN
                  PASSPORTS.

        If any country designated as a Visa Waiver Program under paragraph
    (1) of section 217(c) of the Immigration and Nationality Act (8 U.S.C.
    1187(c)) does not have in effect an agreement with the United States in
    compliance with paragraph (2)(C) of such section on or after the date
    that is 180 days after the date of the enactment of this Act, the
    Secretary, in consultation with the Secretary of State, shall
    immediately suspend such country's participation in the Visa Waiver
    Program until the country is in compliance with such paragraph.

    SEC. 202. ENFORCEMENT OF REQUIREMENT FOR PERIODIC EVALUATIONS OF
                  PROGRAM COUNTRIES.

        (a) Reevaluations.--The Secretary, in consultation with the
    Secretary of State, shall reevaluate all countries designated as Visa
    Waiver Program before November 17, 2008 to determine--
                (1) whether such countries are in compliance with the
            requirements set forth in section 217(c) of the Immigration and
            Nationality Act (8 U.S.C. 1187(c)); and
                (2) the current number of overstays in the United States
            for each country.
        (b) Report.--Not later than 1 year after the date of the enactment
    of this Act, the Secretary shall submit a report to the appropriate
    congressional committees that contains the results of the reevaluation
    conducted under subsection (a).

    SEC. 203. ARRIVAL AND DEPARTURE VERIFICATION.

        (a) In General.--The Secretary shall compare foreign national
    arrival data to available immigration and law enforcement records and
    databases and exit data to determine whether these foreign nationals
    are still in the United States.
        (b) Effect of Failure to Track.--If, 6 months after the date of the
    enactment of this Act, the Secretary is not tracking at least 97
    percent of the foreign nationals exiting the United States, the
    Secretary may not designate any new countries as Visa Waiver Program
    countries.
        (c) Audit.--The Secretary shall conduct an audit of the data
    collected by the electronic travel system, including--
                (1) the number of individuals in each country that the
            system has discovered to have overstayed their visas;
                (2) any implementation problems encountered during the
            early stages to better identify the high-risk travelers and
            their countries of origin.
        (d) Report.--Not later than 6 months after the date of the
    enactment of this Act, the Secretary shall submit a report to Congress
    that contains--
                (1) the visa overstay rates of each country; and
                (2) an explanation of the implementation problems
            identified pursuant to subsection (c)(2).

    SEC. 204. VISA OVERSTAY RATES.

        (a) Maximum Visa Overstay Rate.--Section 217(c)(8)(C) (8 U.S.C.
    1187(c)(8)(C)) is amended--
                (1) by redesignating clauses (ii) and (iii) as clauses
            (iii) and (iv), respectively; and
                (2) by striking clause (i) and inserting the following:
                                ``(i) Establishment.--The maximum visa
                            overstay rate for countries participating in
                            the program shall be 2 percent.
                                ``(ii) Effect of failure to comply.--If the
                            visa overstay rate of a country is more than 2
                            percent, the Secretary shall temporarily
                            suspend such country's participation in the
                            Visa Waiver Program until the country can
                            demonstrate that the overstay rate for that
                            country is below 2 percent.''.
        (b) Data Sharing.--If, 3 months after the date of the enactment of
    this Act, a country designated as a Visa Waiver Program under section
    217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) has
    not entered into a data sharing agreement in accordance with paragraph
    (2)(F) of such section, the Secretary shall temporarily suspend such
    country's participation in the Visa Waiver Program until the country is
    in compliance with such paragraph.

    SEC. 205. US-VISIT SYSTEM.

        (a) In General.--Not later than 6 months after the date of the
    enactment of this Act, the Secretary, in consultation with the heads of
    other appropriate Federal agencies, shall submit to Congress a schedule
    for--
                (1) equipping all ports of entry of the United States with
            the United States-Visitor and Immigrant Status Indicator
            Technology system (referred to in this section as ``US-VISIT'')
            implemented under section 110 of the Illegal Immigration Reform
            and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a),
            including all necessary changes to infrastructure at the ports
            of entry to fully deploy US-VISIT;
                (2) developing and deploying the exit component of US-VISIT
            at such ports of entry; and
                (3) making interoperable all immigration screening systems
            operated by the Secretary.
        (b) Visa Exit Tracking System.--Not later than 18 months after the
    date of the enactment of this Act, the Secretary shall establish and
    deploy a system capable of recording the departure of aliens admitted
    on temporary nonimmigrant visas under the Immigration and Nationality
    Act (8 U.S.C. 1101 et seq.)--
                (1) at designated ports of entry; and
                (2) in coordination with the Secretary of State, at
            designated United States consulates.

        CHAPTER 2--PREVENTING UNAUTHORIZED ENTRIES AND ENSURING REMOVAL

    SEC. 211. ILLEGAL ENTRY AND REENTRY.

        (a) Illegal Entry.--Section 275(b) (8 U.S.C. 1325(b)) is amended to
    read as follows:
        ``(b) Improper Time or Place; Civil Penalties.--Any alien older
    than 18 years of age who is apprehended while entering or attempting to
    enter, or knowingly crossing or attempting to cross the border to, the
    United States at a time or place that has not been designated as a
    lawful entry by immigration officers shall be subject to a civil
    penalty, in addition to any criminal or other civil penalties that may
    be imposed under any other provision of law, in an amount equal to--
                ``(1) not less than $250 or more than $500 for each such
            entry or attempted entry; or
                ``(2) twice the amount specified in paragraph (1), if the
            alien had previously been subject to a civil penalty under this
            subsection.''.
        (b) Illegal Reentry.--Section 276 (8 U.S.C. 1326) is amended to
    read as follows:

    ``SEC. 276. REENTRY OF REMOVED ALIENS.

        ``(a) Reentry After Removal.--Any alien who has been denied
    admission, excluded, deported, or removed, or who has departed the
    United States while an order of exclusion, deportation, or removal is
    outstanding, and subsequently enters, attempts to enter, crosses the
    border to, attempts to cross the border to, or is at any time found in
    the United States, shall be fined under title 18, United States Code,
    imprisoned not more than 2 years, or both.
        ``(b) Reentry of Criminal Offenders.--In addition to the penalty
    provided in subsection (a), any alien described in that subsection--
                ``(1) whose removal was subsequent to a conviction for 3 or
            more misdemeanors involving drugs or crimes against the person,
            or a felony for which the alien was sentenced to a term of
            imprisonment of more than 12 months before such removal or
            departure, shall be fined under title 18, United States Code,
            imprisoned not more than 10 years, or both;
                ``(2) whose removal was subsequent to a conviction for a
            felony involving drugs or crimes against the person before such
            removal or departure for which the alien was sentenced to a
            term of imprisonment of not less than 30 months, shall be fined
            under such title 18, imprisoned not more than 10 years, or
            both;
                ``(3) who has been excluded from the United States pursuant
            to section 235(c) because the alien was excludable under
            section 212(a)(3)(B) or has been removed from the United States
            pursuant to title V of the CIR Act of 2010, and who thereafter,
            without the permission of the Attorney General, enters the
            United States, or attempts to do so, shall be fined under title
            18, United States Code, and imprisoned for a period of 10
            years, which sentence shall not run concurrently with any other
            sentence;
                ``(4) who was removed from the United States pursuant to
            section 241(a)(4)(B) and who thereafter, without the permission
            of the Attorney General, enters, attempts to enter, or is at
            any time found in, the United States (unless the Attorney
            General has expressly consented to such alien's reentry) shall
            be fined under title 18, United States Code, imprisoned for not
            more than 10 years, or both;
                ``(5) whose removal was subsequent to a conviction for an
            aggravated felony before such removal or departure for which
            the alien was sentenced to a term of imprisonment of not less
            than 60 months, shall be fined under such title 18, imprisoned
            not more than 20 years, or both; or
                ``(6) was convicted for 3 felonies before such removal or
            departure, shall be fined under such title 18, imprisoned not
            more than 25 years, or both.
        ``(c) Proof of Prior Convictions.--The prior convictions described
    in subsection (b) are elements of the crimes described in that
    subsection, and the penalties set forth in subsection (b) shall apply
    only in cases in which the conviction or convictions that form the
    basis for the additional penalty are--
                ``(1) alleged in the indictment or information; and
                ``(2) proven beyond a reasonable doubt at trial or admitted
            by the defendant.
        ``(d) Affirmative Defenses.--It shall be an affirmative defense to
    a violation of this section if--
                ``(1) the alien sought and received the express consent of
            the Secretary of Homeland Security to reapply for admission
            into the United States before the alleged violation occurred;
                ``(2) with respect to an alien previously denied admission
            and removed, the alien--
                        ``(A) was not required to obtain such advance
                    consent under this Act or any prior Act; and
                        ``(B) had complied with all other laws and
                    regulations governing the alien's admission into the
                    United States; or
                ``(3) the prior order of removal was based on charges filed
            against the alien before the alien reached 18 years of age.
        ``(e) Limitation on Collateral Attack on Underlying Removal
    Order.--In a criminal proceeding under this section, an alien may not
    challenge the validity of the order described in subsection (a)(1) or
    (b) unless the alien demonstrates that--
                ``(1) the alien exhausted any administrative remedies that
            may have been available to seek relief against the order;
                ``(2) the removal proceedings at which the order was issued
            improperly deprived the alien of the opportunity for judicial
            review; and
                ``(3) the entry of the order was fundamentally unfair.
        ``(f) Reentry of Alien Removed Prior to Completion of Term of
    Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
    enters, attempts to enter, crosses the border to, attempts to cross the
    border to, or is at any time found in, the United States--
                ``(1) shall be incarcerated for the remainder of the
            sentence of imprisonment which was pending at the time of
            deportation without any reduction for parole or supervised
            release unless the alien affirmatively demonstrates that the
            Secretary of Homeland Security has expressly consented to the
            alien's reentry or the alien is prima facie eligible for
            protection from removal; and
                ``(2) shall be subject to such other penalties relating to
            the reentry of removed aliens as may be available under this
            section or any other provision of law.
        ``(g) Limitation.--An individual, acting without compensation or
    the expectation of compensation, is not aiding and abetting a violation
    of this section by--
                ``(1) providing, or attempting to provide, an alien with
            humanitarian assistance, including emergency medical care or
            food; or
                ``(2) transporting the alien to a location where such
            humanitarian assistance can be rendered without compensation or
            the expectation of compensation.''.

    SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED
                  STATES UNLAWFULLY.

        Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amended--
                (1) in clause (i), by striking ``seeks admission within 5
            years of the date of such removal (or within 20 years'' and
            inserting ``seeks admission not later than 5 years after the
            date of the alien's removal (or not later than 20 years after
            the alien's removal''; and
                (2) in clause (ii), by striking ``seeks admission within 10
            years of the date of such alien's departure or removal (or
            within 20 years of'' and inserting ``seeks admission not later
            than 10 years after the date of the alien's departure or
            removal (or not later than 20 years after''.

    SEC. 213. BIOMETRIC SCREENING.

        Section 212 (8 U.S.C. 1182) is amended--
                (1) in subsection (a)(7), by adding at the end the
            following:
                        ``(C) Withholding information.--Except as provided
                    in subsection (d)(2), any alien who, through his or her
                    own fault, fails or has failed to comply with a lawful
                    request for biometric information is inadmissible.'';
                    and
                (2) in subsection (d), by inserting after paragraph (1) the
            following:
        ``(2) The Secretary may waive the application of subsection
    (a)(7)(C) for an individual alien or a class of aliens. A decision by
    the Secretary to grant or deny a waiver under this paragraph shall not
    be subject to review.''.

    SEC. 214. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

        (a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
                (1) in subsection (a)--
                        (A) by amending paragraph (1) to read as follows:
                ``(1) In general.--If an alien is not removable under
            paragraph (2)(A)(iii) or (4) of section 237(a)--
                        ``(A) the Secretary of Homeland Security may permit
                    the alien to voluntarily depart the United States at
                    the alien's own expense under this subsection instead
                    of being subject to proceedings under section 240; or
                        ``(B) the Attorney General may permit the alien to
                    voluntarily depart the United States at the alien's own
                    expense under this subsection after the initiation of
                    removal proceedings under section 240 and before the
                    conclusion of such proceedings before an immigration
                    judge.'';
                        (B) in paragraph (2), by amending subparagraph (A)
                    to read as follows:
                        ``(A) In general.--
                                ``(i) Instead of removal.--Subject to
                            subparagraph (B), the Secretary of Homeland
                            Security--
                                        ``(I) may not grant an alien
                                    permission to voluntarily depart under
                                    paragraph (1)(A) for a period longer
                                    than 180 days; and
                                        ``(II) may require such alien to
                                    post a voluntary departure bond, which
                                    will be surrendered upon proof that the
                                    alien has departed the United States
                                    within the time specified in such bond.
                                ``(ii) Before the conclusion of removal
                            proceedings.--
                                        ``(I) Limitation.--The Attorney
                                    General--
                                                ``(aa) may not grant an
                                            alien permission to voluntarily
                                            depart under paragraph (1)(B)
                                            for a period longer than 90
                                            days; and
                                                ``(bb) may only grant such
                                            permission after determining
                                            that the alien has the means to
                                            depart the United States and
                                            intends to do so.
                                        ``(II) Voluntary departure bond.--
                                    An immigration judge may--
                                                ``(aa) require an alien
                                            permitted to voluntarily depart
                                            under paragraph (1)(B) to post
                                            a voluntary departure bond, in
                                            an amount necessary to ensure
                                            that the alien will depart,
                                            which will be surrendered upon
                                            proof that the alien has
                                            departed the United States
                                            within the time specified in
                                            such bond; and
                                                ``(bb) may waive the
                                            requirement to post a voluntary
                                            departure bond in individual
                                            cases after determining that
                                            the alien has presented
                                            compelling evidence that the
                                            posting of a bond will pose a
                                            serious financial hardship and
                                            the alien has presented
                                            credible evidence that such a
                                            bond is unnecessary to
                                            guarantee timely departure.'';
                        (C) by striking paragraph (3); and
                        (D) by redesignating paragraph (4) as paragraph
                    (3);
                (2) by amending subsection (c) to read as follows:
        ``(c) Conditions on Voluntary Departure.--
                ``(1) Voluntary departure agreement.--Voluntary departure
            under this section may only be granted as part of an
            affirmative agreement by the alien.
                ``(2) Concessions by the secretary.--In connection with the
            alien's agreement to depart voluntarily under paragraph (1)(A),
            the Secretary of Homeland Security may reduce the period of
            inadmissibility under subparagraph (A) or (B)(i) of section
            212(a)(9).
                ``(3) Advisals.--Agreements relating to voluntary departure
            granted during removal proceedings under section 240, or at the
            conclusion of such proceedings, shall be presented on the
            record before the immigration judge, who shall advise the alien
            of the consequences of a voluntary departure agreement,
            including the consequences of failing to comply with the
            agreement, before accepting such agreement.
                ``(4) Failure to comply with agreement.--If an alien agrees
            to voluntary departure under this section and fails to depart
            the United States within the time allowed for voluntary
            departure or fails to comply with any other terms of the
            agreement (including failure to timely post any required bond),
            unless such noncompliance is through no fault of the alien, the
            alien is--
                        ``(A) ineligible for the benefits of the agreement;
                        ``(B) subject to the penalties described in
                    subsection (d); and
                        ``(C) subject to an alternate order of removal if
                    voluntary departure was granted under subsection
                    (a)(1)(B) or (b).
                ``(5) Voluntary departure period not affected.--Except as
            expressly agreed to by the Secretary of Homeland Security in
            writing before the expiration of the period allowed for
            voluntary departure, no motion, appeal, application, petition,
            or petition for review shall affect, reinstate, enjoin, delay,
            stay, or toll the alien's obligation to depart from the United
            States during the period agreed to by the alien and the
            Secretary.'';
                (3) by amending subsection (d) to read as follows:
        ``(d) Penalties for Failure to Depart.--
                ``(1) Civil penalty.--An alien who is permitted to
            voluntarily depart under this section and fails to leave the
            United States during the period specified in the voluntary
            departure agreement or otherwise violates the terms of such
            agreement shall be liable for a civil penalty of $1,000. The
            voluntary departure order shall specify the amount of the
            penalty, which shall be acknowledged by the alien on the
            record.
                ``(2) Collection of penalty.--If the Secretary of Homeland
            Security establishes, by clear and convincing evidence, that
            the alien failed to leave the United States during the period
            specified in the voluntary departure agreement--
                        ``(A) no further procedure will be necessary to
                    establish the amount of the penalty;
                        ``(B) the Secretary may collect the civil penalty
                    at any time thereafter and by whatever means provided
                    by law; and
                        ``(C) the alien shall be ineligible for any
                    benefits under this chapter until this civil penalty is
                    paid.''; and
                (4) by amending subsection (e) to read as follows:
        ``(e) Eligibility.--
                ``(1) Prior grant of voluntary departure.--An alien may not
            be permitted to voluntarily depart under this section if the
            Secretary of Homeland Security or the Attorney General
            previously permitted the alien to depart voluntarily under this
            section on or after the date of enactment of the CIR Act of
            2010.
                ``(2) Rulemaking.--The Secretary may promulgate regulations
            to limit eligibility or impose additional conditions for
            voluntary departure under subsection (a)(1)(A) for any class of
            aliens.''.
        (b) Effective Date.--The amendments made by this section shall
    apply with respect to all orders granting voluntary departure under
    section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c)
    made on or after the date that is 180 days after the date of the
    enactment of this Act.

    SEC. 215. CANCELLATION OF VISAS.

        Section 222(g) (8 U.S.C. 1202(g)) is amended--
                (1) in paragraph (1), by striking ``Attorney General, such
            visa'' and inserting ``Secretary of Homeland Security, such
            visa and any other nonimmigrant visa issued by the United
            States that is in the possession of the alien''; and
                (2) in paragraph (2)(A), by striking ``(other than the visa
            described in paragraph (1)) issued in a consular office located
            in the country of the alien's nationality'' and inserting
            ``(other than a visa described in paragraph (1)) issued in a
            consular office located in the country of the alien's
            nationality or foreign residence''.

    SEC. 216. 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 provide the Attorney
                    General with the alien's current address and a
                    telephone number, if any, at which the alien may be
                    contacted.'';
                (2) in subsection (b)--
                        (A) by striking ``Attorney General'' the first
                    place such term appears and inserting ``Secretary of
                    Homeland Security''; and
                        (B) by striking ``Attorney General'' each
                    additional place such term appears and inserting
                    ``Secretary'';
                (3) in subsection (c), by striking ``given to such parent''
            and inserting ``provided 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--
                        ``(A) shall be the mailing address of the alien's
                    residence at the time such address is provided; and
                        ``(B) may not be--
                                ``(i) a post office box;
                                ``(ii) another nonresidential mailing
                            address; or
                                ``(iii) the address of an attorney,
                            representative, labor organization, or
                            employer.
                ``(2) Specific requirements.--The Secretary of Homeland
            Security 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--
                        ``(A) is not required to report the alien's current
                    address under this section during the time the alien
                    remains in detention; and
                        ``(B) shall notify the Secretary of the alien's
                    address under this section at the time of the alien's
                    release from such detention.
        ``(e) Use of Most Recent Address Provided by the Alien.--
                ``(1) In general.--Notwithstanding any other provision of
            law, the Secretary of Homeland Security 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 was 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 under
            section 264 to send 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 this Act shall 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 the 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 any provision under 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 before the date of the enactment of this Act, such
    noncompliance 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--
                (1) by striking ``Attorney General'' the first place such
            term appears and inserting ``Secretary of Homeland Security'';
            and
                (2) by striking ``Attorney General'' each additional place
            such term appears and inserting ``Secretary''.

    SEC. 217. PENALTIES RELATING TO VESSELS AND AIRCRAFT.

        Section 243(c) (8 U.S.C. 1253(c)) is amended--
                (1) by striking ``Attorney General'' each place such term
            appears and inserting ``Secretary of Homeland Security''; and
                (2) by striking ``Commissioner'' each place such term
            appears and inserting ``Secretary''; and
                (3) in paragraph (1)--
                        (A) in subparagraph (A), by striking ``$2,000'' and
                    inserting ``$5,000'';
                        (B) in subparagraph (B), by striking ``$5,000'' and
                    inserting ``$10,000''; and
                        (C) by amending paragraph (1)(C) to read as
                    follows:
                        ``(C) Compromise.--The Secretary of Homeland
                    Security, in the Secretary's unreviewable discretion
                    and upon the receipt of a written request, may mitigate
                    the monetary penalties required under this subsection
                    for each alien stowaway to an amount equal to not less
                    than $500, upon such terms that the Secretary
                    determines to be appropriate.''.

    SEC. 218. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT REPATRIATION OF
                  THEIR CITIZENS AND NATIONALS.

        Sec. 243(d) (8 U.S.C. 1253(d)) is amended--
                (1) by striking ``Attorney General'' each place such term
            appears and inserting ``Secretary of Homeland Security'' ;
                (2) by inserting ``or subsets of such visas'' after
            ``both,''; and
                (3) by inserting ``of State'' after ``Secretary'' the last
            place such term appears.

    SEC. 219. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

        (a) Authorization of Appropriations.--Section 241(i)(5)(C) (8
    U.S.C. 1231(i)(5)(C)) is amended by striking ``to carry out this
    subsection'' and all that follows and inserting ``$950,000,000 for each
    of the fiscal years 2011 through 2015 to carry out this subsection.''.
        (b) Reimbursement of States for Indirect Costs Relating to the
    Incarceration of Unauthorized Aliens.--Section 501 of the Immigration
    Reform and Control Act of 1986 (8 U.S.C. 1365) is amended--
                (1) by amending subsection (a) to read as follows:
        ``(a) Reimbursement of States.--Subject to the amounts provided in
    advance in appropriation Acts, the Attorney General shall reimburse a
    State for--
                ``(1) the costs incurred by the State for the imprisonment
            of all unauthorized aliens convicted of a felony by such State;
            and
                ``(2) the indirect costs related to the imprisonments
            described in paragraph (1).''; and
                (2) by amending subsections (c) through (e) to read as
            follows:
        ``(c) Allocation of Reimbursements.--Reimbursements under this
    section shall be allocated in a manner that gives special consideration
    for any State that shares a border with Mexico or with Canada.
        ``(d) Definitions.--In this section:
                ``(1) Indirect costs.--The term `indirect costs' includes--
                        ``(A) court costs, county attorney costs, detention
                    costs, and criminal proceedings expenditures that do
                    not involve going to trial;
                        ``(B) indigent defense costs; and
                        ``(C) unsupervised probation costs.
                ``(2) State.--The term `State' has the meaning given such
            term in section 101(a)(36) of the Immigration and Nationality
            Act (8 U.S.C. 1101(a)(36)).
        ``(e) Authorization of Appropriations.--There are authorized to be
    appropriated $200,000,000 for each of the fiscal years 2008 through
    2012 to carry out subsection (a)(2).''.

    SEC. 220. PROCEDURES REGARDING ALIENS APPREHENDED BY STATE AND LOCAL
                  LAW ENFORCEMENT OFFICERS.

        (a) Issuance of Detainers.--Section 287(d) (8 U.S.C. 1357(d)) is
    amended to read as follows:
        (b)(1) An authorized officer or employee of the Department of
    Homeland Security shall promptly determine whether or not to issue a
    detainer to detain an alien who is arrested by a Federal, State, or
    local law enforcement official for a violation of any law relating to
    controlled substances if the law enforcement official--
                (A) has reason to believe that the alien has not been
            lawfully admitted to the United States or is otherwise not
            lawfully present in the United States;
                (B) expeditiously informs such officer or employee of the
            arrest and of facts concerning the status of the alien; and
                (C) requests the Department of Homeland Security to
            determine whether or not to issue such detainer.
        (2) If a detainer is issued pursuant to paragraph (1) and the alien
    is not otherwise detained by Federal, State, or local officials, the
    Secretary shall effectively and expeditiously take custody of the
    alien.
        (3) The Secretary of Homeland Security shall collect data regarding
    detainers issued under this subsection, including--
                (4) the criminal charge for which the individual was
            arrested or convicted;
                (5) the date on which the detainer was issued;
                (6) the basis for the issuance of the detainer;
                (7) the date on which the detainer was lifted;
                (8) the date on which a Federal or State criminal court or
            other government entity ordered the release of the individual;
                (9) the date on which the Department of Homeland Security
            took custody of the individual;
                (10) the race, ethnicity, and country of origin of the
            individual against whom the detainer was issued;
                (11) the disposition of criminal case against the
            individual;
                (12) the ultimate disposition of immigration case,
            including whether the individual was determined to be a United
            States citizen;
                (13) the grounds of removal, if applicable, and any charges
            brought by the Secretary; and
                (14) the number of individuals removed after the Secretary
            took custody while any criminal matter was pending.
        (c) Rulemaking.--The Secretary shall issue regulations that require
    officers and employees of the Department of Homeland Security to
    confirm, before issuing a detainer--
                (1) the alienage of the individual to be made subject to
            such detainer through lawfully obtained information,
            including--
                        (A) the name of the individual;
                        (B) the date of birth of the individual; or
                        (C) the fingerprints of the individual and
                (2) whether the individual is removable from the United
            States.

    SEC. 221. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

        (a) Trafficking in Passports.--Section 1541 of title 18, United
    States Code, is amended to read as follows:
    ``Sec. 1541. Trafficking in passports
        ``(a) Multiple Passports.--Any person who, during any period of 3
    years or less, knowingly--
                ``(1) and without lawful authority produces, issues, or
            transfers 10 or more passports;
                ``(2) forges, counterfeits, alters, or falsely makes 10 or
            more passports;
                ``(3) secures, possesses, uses, receives, buys, sells, or
            distributes 10 or more passports, knowing the passports to be
            forged, counterfeited, altered, falsely made, stolen, procured
            by fraud, or produced or issued without lawful authority; or
                ``(4) completes, mails, prepares, presents, signs, or
            submits 10 or more applications for a United States passport,
            knowing the applications to contain any false statement or
            representation,
    shall be fined under this title, imprisoned not more than 20 years, or
    both.
        ``(b) Passport Materials.--Any person who knowingly and without
    lawful authority produces, buys, sells, possesses, or uses any official
    material (or counterfeit of any official material) used to make a
    passport, including any distinctive paper, seal, hologram, image, text,
    symbol, stamp, engraving, or plate, shall be fined under this title,
    imprisoned not more than 20 years, or both.''.
        (b) False Statement in an Application for a Passport.--Section 1542
    of title 18, United States Code, is amended to read as follows:
    ``Sec. 1542. False statement in an application for a passport
        ``(a) In General.--Any person who knowingly--
                ``(1) makes any false statement or representation in an
            application for a United States passport; or
                ``(2) mails, prepares, presents, or signs an application
            for a United States passport knowing the application to contain
            any false statement or representation,
    shall be fined under this title, imprisoned not more than 15 years, or
    both.
        ``(b) Venue.--
                ``(1) In general.--An offense under subsection (a) may be
            prosecuted in any district--
                        ``(A) in which the false statement or
                    representation was made or the application for a United
                    States passport was prepared or signed; or
                        ``(B) in which or to which the application was
                    mailed or presented.
                ``(2) Acts occurring outside the united states.--An offense
            under subsection (a) involving an application for a United
            States passport prepared and adjudicated outside the United
            States may be prosecuted in the district in which the resultant
            passport was or would have been produced.
        ``(c) Savings Clause.--Nothing in this section may be construed to
    limit the venue otherwise available under sections 3237 and 3238 of
    this title.''.
        (c) Forgery and Unlawful Production of a Passport.--Section 1543 of
    title 18, United States Code, is amended to read as follows:
    ``Sec. 1543. Forgery and unlawful production of a passport
        ``(a) Forgery.--Any person who knowingly--
                ``(1) forges, counterfeits, alters, or falsely makes any
            passport; or
                ``(2) transfers any passport knowing it to be forged,
            counterfeited, altered, falsely made, stolen, or to have been
            produced or issued without lawful authority,
    shall be fined under this title, imprisoned not more than 15 years, or
    both.
        ``(b) Unlawful Production.--Any person who knowingly and without
    lawful authority--
                ``(1) produces, issues, authorizes, or verifies a passport
            in violation of the laws, regulations, or rules governing the
            issuance of the passport;
                ``(2) produces, issues, authorizes, or verifies a United
            States passport for or to any person knowing or in reckless
            disregard of the fact that such person is not entitled to
            receive a passport; or
                ``(3) transfers or furnishes a passport to any person for
            use by any person other than the person for whom the passport
            was issued or designed,
    shall be fined under this title, imprisoned not more than 15 years, or
    both.''.
        (d) Misuse of a Passport.--Section 1544 of title 18, United States
    Code, is amended to read as follows:
    ``Sec. 1544. Misuse of a passport
        ``Any person who knowingly--
                ``(1) uses any passport issued or designed for the use of
            another person;
                ``(2) uses any passport in violation of the conditions or
            restrictions contained in the passport, or in violation of the
            laws, regulations, or rules governing the issuance and use of
            the passport;
                ``(3) secures, possesses, uses, receives, buys, sells, or
            distributes any passport knowing it to be forged,
            counterfeited, altered, falsely made, procured by fraud, or
            produced or issued without lawful authority; or
                ``(4) violates the terms and conditions of any safe conduct
            duly obtained and issued under the authority of the United
            States,
    shall be fined under this title, imprisoned not more than 15 years, or
    both.''.
        (e) Schemes to Defraud Aliens.--Section 1545 of title 18, United
    States Code, is amended to read as follows:

    ``SEC. 1545. SCHEMES TO DEFRAUD ALIENS.

        ``(a) In General.--Any person who knowingly executes a scheme or
    artifice, in connection with any matter that is authorized by or arises
    under any Federal immigration law or any matter the offender claims or
    represents is authorized by or arises under any Federal immigration
    law, to--
                ``(1) defraud any person; or
                ``(2) obtain or receive money or anything else of value
            from any person by means of false or fraudulent pretenses,
            representations, or promises,
    shall be fined under this title, imprisoned not more than 15 years, or
    both.
        ``(b) Misrepresentation.--Any person who knowingly and falsely
    represents that such person is an attorney or an accredited
    representative (as that term is defined in section 1292.1 of title 8,
    Code of Federal Regulations (or any successor regulation)) in any
    matter arising under any Federal immigration law shall be fined under
    this title, imprisoned not more than 15 years, or both.''.
        (f) Immigration and Visa Fraud.--Section 1546 of title 18, United
    States Code, is amended--
                (1) by amending the section heading to read as follows:
    ``Sec. 1546. Immigration and visa fraud'';
                (2) by striking subsections (b) and (c) and inserting the
            following:
        ``(b) Trafficking.--Any person who, during any period of 3 years or
    less, knowingly--
                ``(1) and without lawful authority produces, issues, or
            transfers 10 or more immigration documents;
                ``(2) forges, counterfeits, alters, or falsely makes 10 or
            more immigration documents;
                ``(3) secures, possesses, uses, buys, sells, or distributes
            10 or more immigration documents, knowing the immigration
            documents to be forged, counterfeited, altered, stolen, falsely
            made, procured by fraud, or produced or issued without lawful
            authority; or
                ``(4) completes, mails, prepares, presents, signs, or
            submits 10 or more immigration documents knowing the documents
            to contain any materially false statement or representation,
    shall be fined under this title, imprisoned not more than 20 years, or
    both.
        ``(c) Immigration Document Materials.--Any person who knowingly and
    without lawful authority produces, buys, sells, possesses, or uses any
    official material (or counterfeit of any official material) used to
    make immigration documents, including any distinctive paper, seal,
    hologram, image, text, symbol, stamp, engraving, or plate, shall be
    fined under this title, imprisoned not more than 20 years, or both.
        ``(d) Employment Documents.--Any person who uses--
                ``(1) an identification document, knowing or having reason
            to know that the document is false or was not issued lawfully
            for the use of the possessor; or
                ``(2) a false attestation, for the purpose of satisfying a
            requirement under section 274A(b) of the Immigration and
            Nationality Act (8 U.S.C. 1324a(b)), shall be fined under this
            title, imprisoned not more than 1 year, or both.''.
        (g) Alternative Imprisonment Maximum for Certain Offenses.--Section
    1547 of title 18, United States Code, is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``(other than an offense under section 1545)'';
                (2) in paragraph (1), by striking ``15'' and inserting
            ``20''; and
                (3) in paragraph (2), by striking ``20'' and inserting
            ``25''.
        (h) Attempts, Conspiracies, Jurisdiction, and Definitions.--Chapter
    75 of title 18, United States Code, is amended by adding after section
    1547 the following:
    ``Sec. 1548. Attempts and conspiracies
        ``Any person who attempts or conspires to violate any section of
    this chapter shall be punished in the same manner as a person who
    completed a violation of such section.
    ``Sec. 1549. Additional jurisdiction
        ``(a) In General.--Any person who commits an offense under this
    chapter within the special maritime and territorial jurisdiction of the
    United States shall be punished as provided under this chapter.
        ``(b) Extraterritorial Jurisdiction.--Any person who commits an
    offense under this chapter outside the United States shall be punished
    as provided under this chapter if--
                ``(1) the offense involves a United States passport or
            immigration document (or any document purporting to be such a
            document) or any matter, right, or benefit arising under or
            authorized by any Federal immigration law;
                ``(2) the offense is in or affects foreign commerce;
                ``(3) the offense affects, jeopardizes, or poses a
            significant risk to the lawful administration of Federal
            immigration laws, or the national security of the United
            States;
                ``(4) the offense is committed to facilitate an act of
            international terrorism (as defined in section 2331) or a drug
            trafficking crime (as defined in section 929(a)(2)) that
            affects or would affect the national security of the United
            States;
                ``(5) the offender is a national of the United States or an
            alien lawfully admitted for permanent residence (as those terms
            are defined in section 101(a) of the Immigration and
            Nationality Act (8 U.S.C. 1101(a))); or
                ``(6) the offender is a stateless person whose habitual
            residence is in the United States.
    ``Sec. 1550. Authorized law enforcement activities
        ``Nothing in this chapter may be construed to prohibit--
                ``(1) any lawfully authorized investigative, protective, or
            intelligence activity of a law enforcement agency of the United
            States, a State, or a political subdivision of a State, or an
            intelligence agency of the United States; or
                ``(2) any activity authorized under title V of the
            Organized Crime Control Act of 1970 (Public Law 91-452; 84
            Stat. 933).''.
        (i) Clerical Amendment.--The table of sections for chapter 75 of
    title 18, United States Code, is amended to read as follows:

    ``Sec.
    ``1541. Trafficking in passports.
    ``1542. False statement in an application for a passport.
    ``1543. Forgery and unlawful production of a passport.
    ``1544. Misuse of a passport.
    ``1545. Schemes to defraud aliens.
    ``1546. Immigration and visa fraud.
    ``1547. Alternative imprisonment maximum for certain offenses.
    ``1548. Attempts and conspiracies.
    ``1549. Additional jurisdiction.
    ``1550. Authorized law enforcement activities.''.
        (j) Uniform Statute of Limitations for Certain Immigration,
    Naturalization, and Peonage Offenses.--
                (1) In general.--Section 3291 of title 18, United States
            Code, is amended to read as follows:
    ``Sec. 3291. Immigration, naturalization, and peonage offenses
        ``A person may not be prosecuted, tried, or punished for any
    violation under chapter 69 (relating to nationality and citizenship
    offenses), 75 (relating to passport, visa, and immigration offenses),
    or 77 (relating to peonage, slavery, and trafficking in persons), for
    an attempt or conspiracy to commit such a violation, for a violation of
    any criminal provision under section 243, 266, 274, 275, 276, 277, or
    278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1306, 1324,
    1325, 1326, 1327, and 1328), or for an attempt or conspiracy to commit
    any such violation, unless the indictment is returned or the
    information filed not later than 10 years after the commission of the
    offense.''.
                (2) Clerical amendment.--The table of sections for chapter
            213 of title 18, United States Code, is amended by striking the
            item relating to section 3291 and inserting the following:

    ``3291. Immigration, naturalization, and peonage offenses.''.

    SEC. 222. DIRECTIVES RELATED TO PASSPORT AND DOCUMENT FRAUD.

        (a) Directive to the United States Sentencing Commission.--
                (1) In general.--Pursuant to the authority under section
            994 of title 28, United States Code, the United States
            Sentencing Commission shall promulgate or amend the sentencing
            guidelines, policy statements, and official commentaries
            related to passport fraud offenses, including the offenses
            described in chapter 75 of title 18, United States Code, as
            amended by section 209, to reflect the serious nature of such
            offenses.
                (2) Report.--Not later than 1 year after the date of the
            enactment of this Act, the United States Sentencing Commission
            shall submit a report on the implementation of this subsection
            to--
                        (A) the Committee on the Judiciary of the Senate;
                    and
                        (B) the Committee on the Judiciary of the House of
                    Representatives.
        (b) Protection for Legitimate Refugees and Asylum Seekers.--
                (1) In general.--
                        (A) Requirement for guidelines.--The Attorney
                    General, in consultation with the Secretary, shall
                    develop binding prosecution guidelines for Federal
                    prosecutors to ensure that each prosecution of an alien
                    seeking entry into the United States by fraud is
                    consistent with the United States treaty obligations
                    under Article 31(1) of the Convention Relating to the
                    Status of Refugees, done at Geneva July 28, 1951 (as
                    made applicable by the Protocol Relating to the Status
                    of Refugees, done at New York January 31, 1967 (19 UST
                    6223)).
                        (B) No private right of action.--The guidelines
                    developed pursuant to subparagraph (A), and any
                    internal office procedures related to such guidelines--
                                (i) are intended solely for the guidance of
                            attorneys of the United States; and
                                (ii) are not intended to, do not, and may
                            not be relied upon to, create any right or
                            benefit, substantive or procedural, enforceable
                            at law by any party in any administrative,
                            civil, or criminal matter.
                (2) Protection of vulnerable persons.--A person described
            in paragraph (3) may not be prosecuted under chapter 75 of
            title 18, United States Code, or under section 275 or 276 of
            the Immigration and Nationality Act (8 U.S.C. 1325 and 1326),
            in connection with the person's entry or attempted entry into
            the United States until after the date on which the person's
            application for such protection, classification, or status has
            been adjudicated and denied in accordance with the Immigration
            and Nationality Act (8 U.S.C. 1101 et seq.).
                (3) Persons seeking protection, classification, or
            status.--A person described in this paragraph is a person who--
                        (A) is seeking protection, classification, or
                    status; and
                        (B)(i) has filed an application for asylum under
                    section 208 of the Immigration and Nationality Act (8
                    U.S.C. 1158), withholding of removal under section
                    241(b)(3) of such Act (8 U.S.C. 1231), or relief under
                    the Convention against Torture and Other Cruel, Inhuman
                    or Degrading Treatment or Punishment, done at New York,
                    December 10, 1994, pursuant to title 8, Code of Federal
                    Regulations;
                        (ii) indicates immediately after apprehension, that
                    he or she intends to apply for such asylum, withholding
                    of removal, or relief and promptly files the
                    appropriate application;
                        (iii) has been referred for a credible fear
                    interview, a reasonable fear interview, or an asylum-
                    only hearing under section 235 of the Immigration and
                    Nationality Act (8 U.S.C. 1225) or title 8, Code of
                    Federal Regulations; or
                        (iv) has filed an application for classification or
                    status under--
                                (I) paragraph (15)(T), (15) (U), (27)(J),
                            or (51) of section 101(a) of the Immigration
                            and Nationality Act (8 U.S.C. 1101(a)); or
                                (II) section 216(c)(4)(C), 240A(b)(2), or
                            244(a)(3) of such Act (8 U.S.C. 1186a(c)(4)(C),
                            1229b(b)(2), and 1254a(a)(3)).

    SEC. 223. EXPANDING THE DEFINITION OF CONVEYANCES SUBJECT TO
                  FORFEITURE.

        (a) In General.--Section 1703 of title 19, United States Code, is
    amended--
                (1) by amending the section heading to read as follows:
    ``Sec. 1703. Seizure and forfeiture of vessels, vehicles, other
                  conveyances, and instruments of international traffic'';
                (2) in subsection (a), by amending the subsection heading
            to read as follows:
        ``(a) Vessels, Vehicles, Other Conveyances, and Instruments of
    International Traffic Subject to Seizure and Forfeiture.--'';
                (3) in subsection (b), by amending the subsection heading
            to read as follows:
        ``(b) Vessels, Vehicles, Other Conveyances, and Instruments of
    International Traffic Defined.--'';
                (4) in subsections (a) and (b), by inserting ``, vehicle,
            other conveyance, or instrument of international traffic''
            after ``vessel'' each place such term appears; and
                (5) by amending subsection (c) to read as follows:
        ``(c) Acts Constituting Prima Facie Evidence of Smuggling.--For
    purposes of this section, prima facie evidence that a conveyance is
    being, has been, or is attempting to be employed in smuggling or to
    defraud the revenue of the United States shall be--
                ``(1) in the case of a vessel, the vessel--
                        ``(A) has become subject to pursuit, as described
                    in section 1581;
                        ``(B) is a hovering vessel; or
                        ``(C) fails, at any place within the customs waters
                    of the United States or within a customs-enforcement
                    area, to display lights as required by law;
                ``(2) in the case of a vehicle, other conveyance, or
            instrument of international traffic, the vehicle, other
            conveyance, or instrument of international traffic has any
            compartment or equipment that is built or fitted out for
            smuggling.''.
        (b) Clerical Amendment.--The table of sections for chapter 5 of
    title 19, United States Code, is amended by striking the item relating
    to section 1703 and inserting the following:

    ``1703. Seizure and forfeiture of vessels, vehicles, other conveyances,
                                or instruments of international traffic.''.

    SEC. 224. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF
                  FIREARMS BY, CERTAIN ALIENS.

        Section 922 of title 18, United States Code, is amended--
                (1) in subsection (d)(5), by amending subparagraph (B) to
            read as follows:
                        ``(B) except as provided in subsection (y), is in
                    the United States and has not been lawfully admitted
                    for permanent residence;'';
                (2) in subsection (g)(5), by amending subparagraph (B) to
            read as follows:
                        ``(B) except as provided in subsection (y), is in
                    the United States and has not been lawfully admitted
                    for permanent residence;''; and
                (3) in subsection (y)--
                        (A) in the subsection heading, by striking
                    ``Admitted Under Nonimmigrant Visas'' and inserting
                    ``Not Lawfully Admitted for Permanent Residence'';
                        (B) by amending paragraph (1)(B) to read as
                    follows:
                        ``(B) the term `lawfully admitted for permanent
                    residence' has the same meaning as in section
                    101(a)(20) of the Immigration and Nationality Act (8
                    U.S.C. 1101(a)(20)).'';
                        (C) in paragraph (2), by striking ``under a
                    nonimmigrant visa'' and inserting ``and has not been
                    lawfully admitted for permanent residence''; and
                        (D) in paragraph (3)(A), by striking ``admitted to
                    the United States under a nonimmigrant visa'' and
                    inserting ``lawfully admitted to the United States and
                    has not been lawfully admitted for permanent
                    residence''.

    SEC. 225. CRIMINAL FORFEITURE.

        Section 982 of title 18, United States Code, is amended--
                (1) in subsection (a)(2)(B) by inserting ``1028A'' between
            ``1028'' and ``1029;''
                (2) in subsection (a)(6)(A)--
                        (A) by striking `` or 274A(a)(2)'' and inserting
                    ``274A(a)(2) or 274A(i)''; and
                        (B) by inserting ``and 1028A'' after ``1028'' and
                (3) in subsection (a)(8) by inserting ``and 1028A'' after
            ``1028''.

    SEC. 226. ADVANCE DELIVERY OF INFORMATION INCLUDING PASSENGER
                  MANIFESTS.

        (a) In General.--Section 231 (8 U.S.C. 1221) is amended as follows:
                (1) by striking ``commercial vessel or aircraft'' each
            place it appears and inserting ``commercial vessel, commercial
            vehicle, or aircraft'';
                (2) in subsection (a), by striking ``such vessel or
            aircraft'' and inserting ``such vessel, vehicle, or aircraft'';
                (3) in subsection (g), by striking ``$1,000'' and inserting
            ``$5,000'';
                (4) in subsection (j), by striking ``The Attorney General''
            and inserting the following:
        ``(j) Information to Be Recorded.--The Secretary of Homeland
    Security''; and
                (5) by inserting at the end the following:
        ``(k) Sharing of Manifest and Passenger Name Record Information
    With Other Government Agencies.--The Secretary of Homeland Security may
    provide information contained in passenger and crew manifests and
    passenger name record information received under this section to other
    Federal, State, tribal, local, and foreign government authorities in
    order to protect the national security of the United States or as
    otherwise authorized by law.
        ``(l) Savings Provision.--Nothing in this section may be construed
    to abrogate, diminish, or weaken the provisions of any Federal law that
    prevents or protects against unauthorized collection or release of
    personal records.''.
        (b) Assessments.--Not later than 1 year after the date of the
    enactment of this Act, the Secretary shall assess the privacy and civil
    liberties impacts of the amendments made by subsection (a).

    SEC. 227. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS CONTROLS AND
                  DISOBEYANCE OF LAWFUL ORDERS.

        Section 758 of title 18, United States Code, is amended to read as
    follows:
    ``Sec. 758. Unlawful flight from Federal checkpoints and disobeyance of
                  lawful orders
        ``(a) Evading a Checkpoint.--Any person who, while operating a
    motor vehicle or vessel--
                ``(1) knowingly flees or evades a checkpoint operated by
            the Department of Homeland Security or any other Federal law
            enforcement agency; and
                ``(2) knowingly or recklessly disregards or disobeys the
            lawful command of a Federal law enforcement officer engaged in
            the enforcement of Federal law, or the lawful command of any
            law enforcement officer assisting such Federal officer,
    shall be fined under this title, imprisoned not more than 5 years, or
    both.
        ``(b) Failure to Stop.--Any person who, while operating a motor
    vehicle, aircraft, or vessel, knowingly or recklessly disregards or
    disobeys the lawful command of a Federal law enforcement officer
    engaged in the enforcement of Federal law, or the lawful command of any
    law enforcement officer assisting such Federal officer, shall be fined
    under this title, imprisoned not more than 2 years, or both.''.

    SEC. 228. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL
                  LANDS.

        (a) Grants Authorized.--The Secretary may award grants to any
    Indian tribe that--
                (1) owns land that is adjacent to an international border
            of the United States; and
                (2) has been adversely affected by illegal immigration.
        (b) Use of Funds.--Grants awarded under subsection (a) may be used
    for--
                (1) law enforcement activities;
                (2) health care services;
                (3) environmental restoration; and
                (4) the preservation of cultural resources.
        (c) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary shall submit a report to the
    Committee on the Judiciary of the Senate and the Committee on the
    Judiciary of the House of Representatives that--
                (1) describes the level of access that Border Patrol agents
            have on tribal lands;
                (2) describes the extent to which the enforcement of
            Federal immigration laws and rescue operations by Border Patrol
            officers may be improved by enhanced access to tribal lands;
                (3) contains a strategy for improving access to tribal
            lands through increased cooperation with tribal authorities;
            and
                (4) identifies grants provided by the Department to Indian
            tribes, either directly or through grants provided to State or
            local governments, for border security expenses.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary for each of the fiscal years
    2011 through 2015 to carry out this section.

    SEC. 229. DIPLOMATIC SECURITY SERVICE.

        (a) Section 37(a)(1) of the State Department Basic Authorities Act
    of 1956 (22 U.S.C. 2709(a)(1)) is amended to read as follows:
                ``(1) conduct investigations concerning--
                        ``(A) illegal passport or visa issuance or use;
                        ``(B) identity theft or document fraud affecting or
                    relating to the programs, functions, or authorities of
                    the Department of State;
                        ``(C) violations of chapter 77 of title 18, United
                    States Code; and
                        ``(D) Federal offenses committed within the special
                    maritime and territorial jurisdiction defined in
                    section 7(9) of title 18, United States Code, except as
                    that jurisdiction relates to the premises of United
                    States military missions and related residences;''.
        (b) Rule of Construction.--Nothing in this section may be construed
    to limit the investigative authority of any Federal department or
    agency.

    SEC. 230. INCREASED PENALTIES BARRING THE ADMISSION OF CONVICTED SEX
                  OFFENDERS FAILING TO REGISTER AND REQUIRING DEPORTATION
                  OF SEX OFFENDERS FAILING TO REGISTER.

        (a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C.
    1182(a)(2)(A)(i)) is amended--
                (1) in subclause (I), by striking ``or'' at the end;
                (2) in subclause (II), by striking the comma at the end and
            inserting a semicolon; and
                (3) by inserting after subclause (II) the following:
                                        ``(III) a conviction under section
                                    2250 of title 18, United States Code
                                    (relating to failure to register as a
                                    sex offender),''.
        (b) Deportability.--Section 237(a)(2)(A)(i) (8 U.S.C.
    1227(a)(2)(A)(i)) is amended--
                (1) in subclause (I), by striking ``, and'' and inserting a
            semicolon;
                (2) in subclause (II), by striking the comma at the end and
            inserting ``; or''; and
                (3) by inserting after subclause (II) the following:
                                        ``(III) a conviction under section
                                    2250 of title 18, United States Code
                                    (relating to failure to register as a
                                    sex offender),''.

    SEC. 231. AGGRAVATED FELONY.

        (a) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C.
    1101(a)(43)) is amended--
                (1) in the matter preceding subparagraph (A), by striking
            ``The term `aggravated felony' means--'' and inserting
            ``Notwithstanding any other provision of law, the term
            `aggravated felony' applies to any offense which is a felony
            described in this paragraph, whether in violation of Federal or
            State law, for which the individual served at least 1 year of
            imprisonment and to such a felony offense in violation of the
            law of a foreign country, for which the term of imprisonment
            was completed during the previous 15 years, regardless of
            whether the conviction was entered before, on, or after
            September 30, 1996, and means--'';
                (2) in subparagraph (N), by striking ``paragraph (1)(A) or
            (2) of'' and inserting ``paragraph (1)(A), (2), or (4) of'';
            and
                (3) by striking the undesignated matter following
            subparagraph (U).
        (b) Effective Date and Application.--
                (1) In general.--The amendments made by subsection (a)
            shall--
                        (A) take effect on the date of the enactment of
                    this Act; and
                        (B) apply to any act that occurred on or after such
                    date.
                (2) Application of amendments.--The amendments to section
            101(a)(43) of the Immigration and Nationality Act made by
            section 321 of the Illegal Immigration Reform and Immigrant
            Responsibility Act of 1996 (division C of Public Law 104-208;
            110 Stat. 3009-627) shall continue to apply to actions taken on
            or after September 30, 1996, regardless of when the conviction
            for such actions occurred.

    SEC. 232. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE.

        (a) Criminal Street Gangs.--
                (1) Inadmissibility.--Section 212(a)(2) (8 U.S.C.
            1182(a)(2)) is amended by adding at the end the following:
                        ``(J) Members of criminal street gangs.--Unless the
                    Secretary of Homeland Security or the Attorney General
                    waives the application of this subparagraph, any alien
                    who has been convicted of a crime under section 521 of
                    title 18, United States Code, is inadmissible.''.
                (2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2))
            is amended by adding at the end the following:
                        ``(F) Members of criminal street gangs.--Unless the
                    Secretary of Homeland Security or the Attorney General
                    waives the application of this subparagraph, any alien
                    who has been convicted of a crime under section 521 of
                    title 18, United States Code, is deportable.''.
                (3) Temporary protected status.--Section 244 (8 U.S.C.
            1254a) is amended--
                        (A) by striking ``Attorney General'' each place it
                    appears and inserting ``Secretary of Homeland
                    Security'';
                        (B) in subsection (c)(2)(B)--
                                (i) in clause (i), by striking ``, or'' at
                            the end and inserting a semicolon;
                                (ii) in clause (ii), by striking the period
                            at the end and inserting ``; or''; and
                                (iii) by adding at the end the following:
                                ``(iii) the alien has been convicted of a
                            crime under section 521 of title 18, United
                            States Code.''.
                        (C) in subsection (d)--
                                (i) by striking paragraph (3);
                                (ii) by redesignating paragraph (4) as
                            paragraph (3); and
                                (iii) in paragraph (3), as redesignated, by
                            adding at the end the following: ``The
                            Secretary of Homeland Security shall detain an
                            alien provided temporary protected status under
                            this section if the alien has been found by an
                            immigration judge to be subject to detention
                            under section 236(c)(1).''.
        (b) Penalties Related to Removal.--Section 243 (8 U.S.C. 1253) is
    amended--
                (1) in subsection (a)(1), in the matter following
            subparagraph (D)--
                        (A) by striking ``or imprisoned not more than four
                    years'' and inserting ``and imprisoned for not more
                    than 5 years''; and
                        (B) by striking ``, or both''; and
                (2) in subsection (b), by striking ``not more than $1,000
            or imprisoned for not more than one year, or both'' and
            inserting ``under title 18, United States Code, and imprisoned
            for not more than 3 years (or for not more than 10 years if the
            alien is removable under paragraph (1)(E), (2), or (4) of
            section 237(a)).''.

                          Subtitle B--Detention Reform

    SEC. 241. DEFINITIONS.

        In this subtitle:
                (1) Apprehension.--The term ``apprehension'' means the
            detention, arrest, or custody, or any significant deprivation
            of an individual's freedom of action by government officials or
            entities acting under agreement with the Department for
            suspicion of violations under the Immigration and Nationality
            Act (8 U.S.C. 1101 et seq.).
                (2) Child.--The term ``child'' has the meaning given to the
            term in section 101(b)(1) of the Immigration and Nationality
            Act (8 U.S.C. 1101(b)(1)).
                (3) Child welfare agency.--The term ``child welfare
            agency'' means the State or local agency responsible for child
            welfare services under subtitles B and E of title IV of the
            Social Security Act (42 U.S.C. 601 et seq.).
                (4) Cooperating entity.--The term ``cooperating entity''
            means a State or local entity acting under agreement with, or
            at the request of, the Department.
                (5) Detainee.--The term ``detainee'' means an individual
            who is subject to detention under the Immigration and
            Nationality Act.
                (6) Detention.--The term ``detention'' means government
            custody or any other deprivation of an individual's freedom of
            movement by government agents.
                (7) Detention facility.--The term ``detention facility''
            means a Federal, State, or local government facility, or a
            privately owned and operated facility, that is used to hold
            individuals suspected or found to be in violation of the
            Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for
            more than 72 hours.
                (8) Families with children.--The term ``family with
            children'' means any parent or legal guardian who is
            apprehended with 1 or more of their children.
                (9) Group legal orientation presentations.--The term
            ``group legal orientation presentations'' means live group
            presentations, supplemented by individual orientations, pro se
            workshops, and pro bono referrals, that--
                        (A) are carried out by private nongovernmental
                    organizations;
                        (B) are presented to detainees;
                        (C) inform detainees about Federal immigration law
                    and procedures; and
                        (D) enable detainees to determine their eligibility
                    for relief.
                (10) Immigration enforcement action.--The term
            ``immigration enforcement action'' means the apprehension of,
            detention of, or request for or issuance of a detainer for, 1
            or more individuals for suspected or confirmed violations of
            the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by
            the Department or cooperating entities.
                (11) Local education agency.--The term ``local education
            agency'' has the meaning given to the term in section 9101 of
            the Elementary and Secondary Education Act of 1965 (20 U.S.C.
            7801).
                (12) NGO.--The term ``NGO'' means a nongovernmental
            organization that provides social services or humanitarian
            assistance to the immigrant community.
                (13) Secure alternatives.--The term ``secure alternatives''
            means custodial or noncustodial 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.
                (14) Short-term detention facility.--The term ``detention
            facility'' means a Federal, State, or local government
            facility, or a privately owned and operated facility, that is
            used to hold individuals suspected or found to be in violation
            of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
            for 72 hours or less.
                (15) Unaccompanied alien children.--The term
            ``unaccompanied alien children'' has the meaning given the term
            in section 462(g) of the Homeland Security Act of 2002 (6
            U.S.C. 279(g)).

    SEC. 242. PROTECTIONS FOR VULNERABLE POPULATIONS.

        (a) Protection of Vulnerable Populations.--
                (1) In general.--Not later than 72 hours after the
            commencement of an immigration-related enforcement activity,
            the Department shall screen each detainee to determine if the
            individual is a member of a vulnerable population.
                (2) Eligibility for release.--An individual is a member of
            a vulnerable population and eligible for release under
            paragraph (3) if the Department determines that he or she--
                        (A) has a nonfrivolous claim to United States
                    citizenship;
                        (B) has been deemed by a medically trained
                    professional to have medical or mental health needs, or
                    a disability;
                        (C) is pregnant or nursing;
                        (D) is being detained with 1 or more of his or her
                    children, or is 1 of such children;
                        (E) provides financial, physical, and other direct
                    support to his or her minor children, parents, or other
                    dependents;
                        (F) is older than 65 years of age;
                        (G) is a child (as defined in section 101(b) of the
                    Immigration and Nationality Act (8 U.S.C. 1101(b));
                        (H) is a victim of abuse, violence, crime, or human
                    trafficking;
                        (I) has been referred for a credible fear
                    interview, a reasonable fear interview, or an asylum
                    hearing, or is a stateless individual;
                        (J) has applied or intends 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;
                        (K) is prima facie eligible for relief under any
                    provision of the Immigration and Nationality Act (8
                    U.S.C. 1101 et seq.) including returning lawful
                    permanent residents; or
                        (L) is a member of any other group that has been
                    designated as a vulnerable population in regulations or
                    guidance promulgated by the Secretary.
        (b) Options Regarding Detention Decisions for Vulnerable
    Populations.--Section 236 (8 U.S.C. 1226), 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'' at the end; and
                                (iii) by inserting after subparagraph (B)
                            the following:
                        ``(C) the alien's own recognizance;''; and.
                        (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; and'';
                (2) by inserting after subsection (a) the following:
        ``(b) Custody Decisions.--
                ``(1) Criteria to be considered.--For any alien who is not
            charged with inadmissibility or removability under a ground
            specified in subsection (g) or section 236A, the criteria that
            the Secretary of Homeland Security or the Attorney General
            shall use to demonstrate that detention is necessary are--
                        ``(A) whether the alien poses a risk to public
                    safety, including a risk to national security; and
                        ``(B) whether alien poses a flight risk and there
                    are no conditions of release that will reasonably
                    ensure that the alien will appear for immigration
                    proceedings, including bond or other conditions that
                    reduce the risk of flight.
                ``(2) Exception.--A decision to detain an alien shall not
            be subject to the criteria under paragraph (1) if the Secretary
            demonstrates, by a preponderance of the evidence, that the
            alien falls is described in subsection (g)(1).
                ``(3) Review.--Decisions by the Secretary or the Attorney
            General under this section shall be subject to review.
        ``(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 subsection (a)) 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 evidence that the individual--
                        ``(A) is subject to mandatory detention under
                    subsection (g) or section 236A;
                        ``(B) poses a risk to public safety, including a
                    risk to national security; or
                        ``(C) is a flight risk and the risk cannot be
                    mitigated through other conditions of release, such as
                    bond or secure alternatives, which will reasonably
                    ensure the alien will appear for immigration
                    proceedings.
                ``(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);
                        ``(C) on parole, in accordance with section
                    212(d)(5)(A); or
                        ``(D) into a noncustodial secure alternatives
                    program.
        ``(d) Decision to Remove or Release an Alien.--
                ``(1) In general.--All decisions to detain an individual
            under this Act--
                        ``(A) shall be made in writing by the Department of
                    Homeland Security or the Attorney General;
                        ``(B) shall specify the reasons for such decision
                    if the decision is made to continue detention without
                    bond, parole, release on recognizance, or release into
                    a noncustodial secure alternatives program; and
                        ``(C) shall be served upon the individual in the
                    language spoken by the individual--
                                ``(i) not later than 72 hours after the
                            commencement of the alien's detention; or
                                ``(ii) in the case of an alien subject to
                            section 235 or 241(a)(5) who must establish a
                            credible fear of persecution or torture, not
                            later than 72 hours after a positive credible
                            fear of persecution or reasonable fear of
                            persecution or torture determination.
                ``(2) Redetermination.--
                        ``(A) In general.--Any alien detained by the
                    Department of Homeland Security under this Act may, at
                    any time after being served with the Secretary's
                    decision under paragraph (1), request a redetermination
                    of that decision by an immigration judge.
                        ``(B) Other decisions.--The Attorney General may
                    review and conduct custody redeterminations for any
                    custody decision by the Secretary.
                        ``(C) Savings provision.--Nothing in this
                    subparagraph may be construed to prevent an individual
                    from requesting a bond redetermination.
        ``(e) Timely Notice Upon Apprehension and Service of Charging
    Documents.--
                ``(1) Notice.--The Secretary, for each individual detained
            by the Department under this section, shall file the notice to
            appear or other relevant charging document with the closest
            immigration court to where the individual was apprehended and
            serve such notice on the individual not later than 48 hours
            after the commencement of the individual's detention.
                ``(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 such right in accordance
            with paragraph (3).
                ``(3) Waiver.--The requirements under this subsection may
            be waived for 7 days if the individual--
                        ``(A) enters into a written agreement with the
                    Department of Homeland Security to waive such
                    requirement; and
                        ``(B) is eligible for immigration benefits or
                    demonstrates eligibility for a defense against removal.
                ``(4) Applicability of other law.--Nothing in this section
            may be construed to repeal section 236A.'';
                (3) in subsection (e)(2), as redesignated, by inserting
            ``or for humanitarian reasons,'' after ``such an
            investigation,''; and
                (4) by redesignating subsections (b), (c), and (d), as
            subsections (f), (g), and (h), respectively.

    SEC. 243. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED
                  ACTIVITIES RELATING TO CHILDREN.

        (a) Notification.--
                (1) Advance notification.--Subject to paragraph (2), when
            conducting any immigration enforcement action, the Department
            and cooperating entities shall notify the Governor of the
            State, the local child welfare agency, and relevant State and
            local law enforcement before commencing the action, or, if
            advance notification is not possible, immediately after
            commencing such action, of--
                        (A) the approximate number of individuals to be
                    targeted in the immigration enforcement action; and
                        (B) the primary language or languages believed to
                    be spoken by individuals at the targeted site.
                (2) Hours of notification.--To the extent possible, advance
            notification should occur during business hours and allow the
            notified entities sufficient time to identify resources to
            conduct the interviews described in subsection (b)(1).
                (3) Other notification.--When conducting any immigration
            action, the Department and cooperating entities shall notify
            the relevant local education agency and local NGOs of the
            information described in paragraph (1) immediately after
            commencing the action.
        (b) Apprehension Procedures.--In any immigration enforcement
    action, the Department and cooperating entities shall--
                (1) as soon as possible and not later than 6 hours after an
            immigration enforcement action, provide licensed social workers
            or case managers employed or contracted by the child welfare
            agency or local NGOs with confidential access to screen and
            interview individuals apprehended in such immigration
            enforcement action to assist the Department or cooperating
            entity in determining if such individuals are parents, legal
            guardians, or primary caregivers of a child in the United
            States;
                (2) as soon as possible and not later than 8 hours after an
            immigration enforcement action, provide any apprehended
            individual believed to be a parent, legal guardian, or primary
            caregiver of a child in the United States with--
                        (A) free, confidential telephone calls, including
                    calls to child welfare agencies, attorneys, and legal
                    services providers, to arrange for the care of children
                    or wards, unless the Department has reasonable grounds
                    to believe that providing confidential phone calls to
                    the individual would endanger public safety or national
                    security; and
                        (B) contact information for--
                                (i) child welfare agencies in all 50
                            States, the District of Columbia, all United
                            States territories, counties, and local
                            jurisdictions; and
                                (ii) attorneys and legal service providers
                            capable of providing free legal advice or free
                            legal representation regarding child welfare,
                            child custody determinations, and immigration
                            matters;
                (3) ensure that personnel of the Department and cooperating
            entities do not--
                        (A) interview individuals in the immediate presence
                    of children; or
                        (B) compel or request children to translate for
                    interviews of other individuals who are encountered as
                    part of an immigration enforcement action; and
                (4) ensure that any parent, legal guardian, or primary
            caregiver of a child in the United States--
                        (A) receives due consideration of the best
                    interests of his or her children or wards in any
                    decision or action relating to his or her detention,
                    release, or transfer between detention facilities; and
                        (B) is not transferred from his or her initial
                    detention facility or to the custody of the Department
                    until the individual--
                                (i) has made arrangements for the care of
                            his or her children or wards; or
                                (ii) if such arrangements are impossible,
                            is informed of the care arrangements made for
                            the children and of a means to maintain
                            communication with the children.
        (c) Nondisclosure and Retention of Information About Apprehended
    Individuals and Their Children.--
                (1) In general.--Information collected by child welfare
            agencies and NGOs in the course of the screenings and
            interviews described in subsection (b)(1) about an individual
            apprehended in an immigration enforcement action may not be
            disclosed to Federal, State, or local government entities or to
            any person, except pursuant to written authorization from the
            individual or his or her legal counsel.
                (2) Child welfare agency or ngo recommendation.--
            Notwithstanding paragraph (1), a child welfare agency or NGO
            may--
                        (A) submit a recommendation to the Department of
                    Homeland Security or cooperating entities regarding
                    whether an apprehended individual is a parent, legal
                    guardian, or primary caregiver who is eligible for the
                    protections provided under this Act; and
                        (B) disclose information that is necessary to
                    protect the safety of the child, to allow for the
                    application of subsection (b)(4)(A), or to prevent
                    reasonably certain death or substantial bodily harm.

    SEC. 244. DETENTION OF FAMILIES.

        (a) Placement in Removal Proceedings.--Any family with children
    sought to be removed by the Department shall be placed in removal
    proceedings under section 240 of the Immigration and Nationality Act (8
    U.S.C. 1229a).
        (b) Custody of Families With Children.--
                (1) Separation.--Families with children shall not be
            separated or taken into custody except when justified by
            exceptional circumstances, or when required by law.
                (2) Exceptional circumstances.--In exceptional
            circumstances, if release or a secure alternatives program is
            not an option for families with children, the Secretary shall
            ensure that--
                        (A) special nonpenal, 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 staff and are responsible
                    for the management of facilities housing families with
                    children;
                        (D) unless such restrictions are necessary to
                    prevent flight or to ensure the safety of residents,
                    families with children are are not subject
                    restrictions--
                                (i) on freedom of movement;
                                (ii) involving access to visitations,
                            telephones, internet, a library, and a law
                            library;
                                (iii) regarding possession of personal
                            property, including personal clothing;
                                (iv) on the availability of age appropriate
                            education; or
                                (v) religious practices;
                        (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 3 weeks;
                        (F) all families are notified in writing of the
                    decisions resulting from such reviews and of the
                    individualized reasons for the decision; and
                        (G) parents retain fundamental parental rights and
                    responsibilities, including the discipline of children,
                    in accordance with applicable State laws.
        (c) Discretionary Waiver Authority for Families With Children.--
    Section 235(b)(1)(B)(iii) (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. 245. ACCESS TO CHILDREN, LOCAL AND STATE COURTS, CHILD WELFARE
                  AGENCIES, AND CONSULAR OFFICIALS.

        (a) In General.--The Secretary shall ensure that all detention
    facilities operated by or under agreement with the Department implement
    procedures to ensure that the best interest of the child, including the
    best outcome for the family of the child, is considered in any decision
    or action relating to the custody of children whose parent, legal
    guardian, or primary caregiver is detained as the result of an
    immigration enforcement action.
        (b) Access to Children, State and Local Courts, Child Welfare
    Agencies, and Consular Officials.--At all detention facilities operated
    by, or under agreement with, the Department, the Secretary shall--
                (1) ensure that individuals who are detained by reason of
            their immigration status may receive the screenings and
            interviews described in section 243(b)(1) not later than 6
            hours after their arrival at the detention facility;
                (2) ensure that individuals who are detained by reason of
            their immigration status and are believed to be parents, legal
            guardians, or primary caregivers of children in the United
            States are--
                        (A) permitted daily phone calls and regular contact
                    visits with their children or wards;
                        (B) 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 or wards;
                        (C) able to fully comply with all family court or
                    child welfare agency orders impacting upon custody of
                    their children or wards;
                        (D) provided with contact information for family
                    courts in all 50 States, the District of Columbia, all
                    United States territories, counties, and local
                    jurisdictions;
                        (E) granted free and confidential telephone calls
                    to child welfare agencies and family courts;
                        (F) granted free and confidential telephone calls
                    and confidential in-person visits with attorneys, legal
                    representatives, and consular officials;
                        (G) provided United States passport applications
                    for the purpose of obtaining travel documents for their
                    children or wards;
                        (H) granted adequate time before removal to obtain
                    passports and other necessary travel documents on
                    behalf of their children or wards if such children or
                    wards will accompany them on their return to their
                    country of origin or join them in their country of
                    origin; and
                        (I) provided with the access necessary to obtain
                    birth records or other documents required to obtain
                    passports for their children or wards; and
                (3) facilitate the ability of detained parents, legal
            guardians, and primary caregivers to share information
            regarding travel arrangements with their children or wards,
            child welfare agencies, or other caregivers well in advance of
            the detained individual's departure from the United States.

    SEC. 246. MEMORANDA OF UNDERSTANDING.

        The Secretary shall develop and implement memoranda of
    understanding or protocols with child welfare agencies and NGOs
    regarding the best ways to cooperate and facilitate ongoing
    communication between all relevant entities in cases involving a child
    whose parent, legal guardian, or primary caregiver has been apprehended
    or detained in an immigration enforcement action to protect the best
    interests of the child and the best outcome for the family of the
    child.

    SEC. 247. MANDATORY TRAINING.

        The Secretary, in consultation with the Secretary of Health and
    Human Services and independent child welfare experts, shall require and
    provide in-person training on the protections required to all personnel
    of the Department and of States and local entities acting under
    agreement with the Department who regularly come into contact with
    children or parents in the course of conducting immigration enforcement
    actions.

    SEC. 248. ALTERNATIVES TO DETENTION.

        (a) Secure Alternatives.--The Secretary shall establish secure
    alternatives programs to ensure public safety and appearances at
    immigration proceedings. The Secretary shall contract with
    nongovernmental organizations to conduct screening of detainees,
    provide appearance assistance services, and operate community-based
    supervision programs. 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 but not
    limited to the use of electronic ankle devices. When deciding whether
    to use custodial secure alternatives, the Secretary shall make an
    individualized determination and review each case on a monthly basis.
    The Secretary may use secure alternatives programs to maintain custody
    over any alien detained under the Immigration and Nationality Act,
    except aliens detained under section 236A of such Act (8 U.S.C. 1226a).

    SEC. 249. DETENTION CONDITIONS.

        (a) Detention Requirements.--The Secretary shall ensure that all
    persons detained pursuant to the Immigration and Nationality Act are
    treated humanely and granted the protections set forth in this section.
    The Secretary shall comply with and enforce the following minimum
    requirements:
                (1) Quality of medical care.--Each detainee has the right
            to prompt and adequate medical care, designed to ensure
            continuity of care, at no cost to the detainee, including care
            to address medical needs that existed prior to detention. Such
            care shall include primary care, emergency care, chronic care,
            reproductive health care, prenatal care, dental care, eye care,
            mental health care, medical dietary needs, and other medically
            necessary specialized care. The Secretary shall cease use of
            any short term facility or detention facility that fails to
            maintain accreditation for more than 1 year.
                        (A) Each detainee shall receive a comprehensive
                    medical, dental, and mental health intake screening by
                    a licensed health care professional upon arrival at the
                    detention facility and each detainee shall receive a
                    comprehensive medical and mental health examination by
                    a licensed health care professional not later than 14
                    days after arrival.
                        (B) All prescribed medications and medically
                    necessary treatment shall be provided to detainees on
                    schedule and without interruption. Medically necessary
                    treatment shall include prenatal care, prenatal
                    vitamins, and hormonal therapies including birth
                    control. Female detainees shall be provided with
                    adequate access to sanitary products. 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 with prescription medications shall
                    be permitted to continue taking their medications, on
                    schedule and without interruption, until such time as a
                    qualified health care professional examines the
                    detainee and decides upon an alternative course of
                    treatment. Detainees who arrive at a detention facility
                    without prescription medications but who report being
                    on such medications shall be evaluated by a qualified
                    health care professional as soon as possible, but 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.
                        (C) Involuntary psychotropic medication may be used
                    only if allowed by applicable law and then only in
                    emergency situations when a physician has determined,
                    after personally examining the patient, that a detainee
                    is imminently dangerous to self or others due to a
                    mental illness and that involuntary psychotropic
                    medication is medically appropriate to treat the mental
                    illness and necessary to prevent harm. Medication shall
                    not be forcibly administered to a detainee to
                    facilitate transport, removal or otherwise to control
                    the detainee's behavior.
                        (D) On-Site Medical Providers. Detention
                    facilities, in conjunction with the Department, shall
                    provide for an administrative process for handling
                    appeals of denials of medical or mental health
                    treatment or care. Any decision regarding requested
                    medical care for a detainee shall be made in writing by
                    an on-site licensed health care professional within 72
                    hours. The decision of the on-site provider shall be
                    communicated without delay to the detainee.
                        (E) Administrative Appeals Process. Detention
                    facilities, in conjunction with the Department, 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. The appeals
                    board shall include health care professionals in the
                    fields relevant to the request for medical or mental
                    health care. Any such appeal shall be resolved in
                    writing within 7 days by the appeals board or earlier
                    if medically necessary.
                        (F) Review of on-site medical provider requests.
                    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 an immigration detainee. In each case in which the
                    Secretary denies or fails to grant such a request by
                    the onsite medical provider, a written explanation of
                    the reasons for the decision shall be conveyed without
                    delay to the on-site medical provider and the
                    immigration detainee. The on-site medical provider and
                    immigration detainee (or legally appointed advocate)
                    shall be permitted to appeal the denial of or failure
                    to grant the requested health care service. Such appeal
                    shall be resolved in writing within 7 days by an
                    impartial appeals board or earlier if medically
                    necessary and communicated without delay to the on-site
                    medical provider and the immigration detainee.
                        (G) Any detainee deemed by a licensed health care
                    professional to have a medical or mental health care
                    condition shall be considered for release on parole, on
                    bond, or into a secure alternatives program, with
                    periodic reevaluations for such detainees not initially
                    released.
                        (H) 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.
                        (I) The Department shall maintain complete,
                    confidential medical records for every detainee, which
                    shall be made available within 72 hours upon request to
                    a detainee or individuals authorized by the detainee.
                    Immediately upon an immigration detainee's transfer
                    from one detention facility to another, the immigration
                    detainee's complete medical records, including any
                    transfer summary, shall be provided to the receiving
                    facility.
                (2) Transfers of detainees.--
                        (A) Notice.--Absent exigent circumstances, such as
                    a natural disaster or comparable emergency, the
                    Secretary shall provide not less than 72 hours written
                    notice to any detainee before such detainee is
                    transferred to another detention facility. Not later
                    than 24 hours after transfer, the Secretary shall
                    notify by telephone and in writing the detainee's legal
                    representative or other person designated by the
                    detainee of the transfer.
                        (B) Procedures.--Absent exigent circumstances, such
                    as a natural disaster or comparable emergency, the
                    Secretary shall not transfer a detainee to another
                    detention facility if such transfer would impair an
                    existing attorney-client relationship; prejudice the
                    rights of the detainee in any legal proceeding,
                    including any federal, state or administrative
                    proceeding; or negatively affect the detainee's health
                    including by interrupting the continuity of medical
                    care or provision of prescription medication.
                        (C) Transportation.--The Secretary shall ensure the
                    safe transport and deportation of each individual
                    detained under the Immigration and Nationality Act,
                    including appropriate use of safety harnesses and
                    occupancy limitations of vehicles.
                (3) Access to telephones.--Detention facilities shall
            provide detainees with reasonable access to telephones not
            later than 6 hours after the commencement of a detention of an
            individual that shall include at a minimum one working phone
            for every 25 detainees. Each detainee has the right to contact,
            free of charge, legal representatives, designated
            nongovernmental organizations, consular officials, Federal and
            State courts where the detainee is or may become involved in a
            legal proceeding, and all government immigration agencies and
            adjudicatory bodies including the DHS Office of the Inspector
            General and the DHS Office for Civil Rights and Civil Liberties
            through confidential toll-free numbers. Confidential calls at
            no charge shall be provided to detainees who are subject to
            expedited removal or who are experiencing personal or family
            emergencies, including the need to arrange care for dependents.
            Each detainee has the right to privacy of telephone
            conversations made for the purpose of obtaining legal
            representation or related to legal matters. The Secretary shall
            ensure that rates charged in detention facilities for telephone
            calls are reasonable and do not significantly impair the
            detainee's right to access telephones.
                (4) Physical and sexual abuse.--No detainee, whether in a
            detention facility or short term detention facility, shall be
            subject to degrading or inhumane treatment such as physical
            abuse, sexual abuse or harassment, or arbitrary punishment.
            Detention facilities shall take all necessary measures to
            prevent sexual abuse and sexual assaults of detainees, to
            provide medical and mental health treatment to victims of
            sexual abuse and sexual assaults and shall comply fully with
            the standards under the Prison Rape Elimination Act of 2003 (42
            U.S.C. 15601 et seq.)
                (5) Limitations on solitary confinement and strip
            searches.--The use of solitary confinement, shackling, and
            strip searches of detainees shall be limited to situations
            where the use of such techniques is necessitated by
            extraordinary circumstances when the safety of other persons is
            at imminent risk. These techniques shall in no event be used
            for the purpose of humiliating detainees either within or
            outside the detention facility. Detention facilities shall
            adopt written policies pertaining to the use of force and the
            use of restraints and shall train all staff on the proper use
            of such devices. Solitary confinement, shackling and strip
            searches shall not be used on pregnant women, nursing mothers,
            women in labor or delivery or children who are younger than 18
            years of age. Strip searches shall not be conducted in front of
            children who are younger than 21 years of age.
                (6) Location of detention facilities.--All new detention
            facilities used by the Department shall be located within 50
            miles of a city or municipality in which there is a
            demonstrated capacity to provide free or low-cost legal
            representation by non-profit legal aid organizations or pro
            bono attorneys with expertise in asylum or immigration law. By
            January 1, 2012, all detention facilities used by the
            Department shall meet this requirement, and if the Secretary is
            unable to comply, the Secretary shall submit a report to
            Congress on that date and annually each year thereafter,
            explaining the reasons for the failure and the specific plans
            to meet the requirement.
                (7) Translation capabilities.--Detention facilities and
            short term detention facilities shall employ facility staff who
            are professionally qualified in any language spoken by more
            than 10 percent of its immigration detainee population. All
            short term detention facilities and detention facilities shall
            provide alternative translation services in the exceptional
            circumstances when trained bilingual staff members are
            unavailable to translate. All such facilities shall provide
            notices and written materials to detainees translated in any
            language spoken by more than 5 percent of its immigration
            detainee population.
                (8) Legal access.--Detainees in detention facilities have
            the right to access legal information, including an on-site law
            library with up-to-date legal materials and law databases. Each
            detainee has the right to access free of charge the necessary
            equipment and materials for legal research and correspondence,
            such as computers, printers, copiers, and typewriters. The
            Secretary shall ensure each detainee is provided with
            information regarding the availability of legal information and
            services to assist those with limited English proficiency or
            disabilities. Detention facilities shall also provide access
            for each detainee to meet confidentially with legal counsel and
            shall provide services to send confidential legal documents to
            legal counsel, government offices and legal organizations.
                (9) Visitations.--Detainees in detention facilities have
            the right to meet privately with his or her current or
            prospective legal representative, interpreters, and other legal
            support staff a minimum of 8 hours per day on regular business
            days and 4 hours per day on weekends and holidays, subject to
            appropriate security procedures. Legal visits shall not be
            restricted absent narrowly defined exceptional circumstances,
            such as a natural disaster or comparable emergency. Detention
            facilities shall prominently post official lists, updated semi-
            annually by the Secretary of Homeland Security, of pro bono
            legal organizations and their contact information in detainee
            housing units and other appropriate areas. Each detainee has
            the right to reasonable access to religious or other qualified
            individuals to address religious, cultural, or spiritual
            considerations. Detainees have the right to regular, private
            contact visits with children who are younger 18 years of age.
                (10) Recreational programs and activities.--Detainees in
            detention facilities shall be afforded access to at least one
            hour each day of indoor and outdoor recreational programs and
            activities for detainees.
                (11) Training of personnel.--All personnel in detention
            facilities and short term detention facilities shall be given a
            comprehensive specialized training and regular, periodic
            updates that shall include at a minimum an overview of
            immigration detention and all detention standards; the
            characteristics of the non-citizen detainee population
            including special characteristics of vulnerable groups; and the
            due process and grievance procedures to protect the rights of
            detainees.
                (12) Specific detention requirements for short term
            detention facilities.--All detainees in short term detention
            facilities shall receive potable water; food if detained for
            more than 5 hours; basic toiletries, diapers, sanitary products
            and blankets; and access to bathroom facilities and telephones.
            The Secretary or his designates shall provide consular
            officials with access to detainees held at such facilities.
            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. Any property the Department confiscates from
            detainees shall be returned upon repatriation or transfer.
                        (A) Protections for children in short-term
                    facilities.--For purposes of this section, the
                    Secretaryshall provide adequately trained and qualified
                    staff resources at each major port of entry (as defined
                    by the U.S. Customs and Border Protection station
                    assigned to that port having in its custody over the
                    past two fiscal years an average per year of 50 or more
                    unaccompanied alien children (as defined in section 462
                    of the Homeland Security Act of 2002 (6 U.S.C. 279))),
                    including U.S. Customs and Border Protection agents
                    charged primarily with the safe, swift, and humane
                    transportation of unaccompanied alien children to
                    Office of Refugee Resettlement custody and independent
                    licensed social workers dedicated to ensuring the
                    proper temporary care for the children while in
                    Department custody prior to their transfer to the
                    Office of Refugee Resettlement, who will ensure that
                    each child--
                                (i) receives emergency medical care;
                                (ii) receives mental health care in case of
                            trauma and has access to psychosocial health
                            services;
                                (iii) is provided with a pillow, linens,
                            and sufficient blankets to rest at a
                            comfortable temperature, a bed, and a mattress
                            placed in an area specifically designated for
                            residential use;
                                (iv) receives adequate nutrition;
                                (v) enjoys a safe and sanitary living
                            environment;
                                (vi) receives educational materials; and
                                (vii) has access to at least three hours
                            per day of indoor and outdoor recreational
                            programs and activities.
                        (B) 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.
                (13) Vulnerable populations.--Detention facility conditions
            and minimum requirements for detention facilities shall
            recognize and accommodate the unique needs of vulnerable
            populations as defined by this Act.
                (14) Children.--The Secretary shall 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 an immediate family member
            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.)
        (b) Rulemaking and Enforcement.--
                (1) In general.--
                        (A) 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 enforcement of this section.
                        (B) Final regulations.--Not later than 180 days
                    after the date of the enactment of this Act, the
                    Secretary shall promulgate regulations, binding upon
                    all short term detention facilities and detention
                    facilities, to ensure that the detention requirements
                    under subsection (a) are fully implemented and
                    enforced, and that all facilities comply with the
                    regulations.
                (2) Enforcement.--The Secretary shall enforce all
            regulations promulgated under paragraph (1). Not later than 180
            days after the date of the enactment of this Act, the Secretary
            shall issue guidance for ensuring compliance with all detention
            requirements, and all regulations and standards promulgated
            under paragraph (1), by short term detention facilities and
            detention facilities. Such mechanisms may include the
            imposition of financial penalties upon noncompliant facilities
            and, in cases of persistent noncompliance, may include the
            termination of facilities contract with the Department.
                        (A) Such procedures shall include mechanisms for
                    review by the Secretary of any evidence of non-
                    compliance with the provisions of this section.
                    Evidence pertaining to violations of these provisions,
                    including detainee complaints, shall be investigated
                    and determined by the Secretary within 30 days and, if
                    a violation is found, such violations shall be remedied
                    within an additional 30 days. A decision by the
                    Secretary not to pursue such an enforcement action
                    shall constitute final agency action.
                        (B) Each detainee has the right to file grievances
                    with the staff of short term detention facilities,
                    detention facilities, and the Department and shall be
                    protected from retaliation.
                        (C) Each short term detention facility and
                    detention facility shall designate an officer to ensure
                    compliance with the provisions of this section. Such
                    officer shall investigate all evidence pertaining to a
                    violation of this section and, if a violation is
                    identified, shall remedy the violation within 30 days.
                    A detainee may not seek review in district court until
                    after the passage of the afore-described 30-day period.
                        (D) Nothing in the Act may be construed to preclude
                    review of noncompliance with this section under section
                    1983 of title 42, United States Code.
                        (E) No individual shall seek remedy in district
                    court without first having complied with the procedures
                    promulgated under paragraph 1 or paragraph 2 of this
                    subsection. No individual may seek punitive damages for
                    violations under this section.
        (c) Detention Commission.--
                (1) Appointment.--The Secretary shall appoint and convene a
            detention commission comprised of experts from U.S. Immigration
            and Customs Enforcement, U.S. Customs and Border Protection,
            the Office of Refugee Resettlement, and Division of Immigration
            Health Services in the Department of Health and Human Services,
            and an equal number of independent experts from nongovernmental
            organizations and intergovernmental organizations with
            expertise in working on behalf of aliens detained under
            immigration laws and vulnerable populations.
                (2) Duties.--The commission shall conduct independent
            investigations, evaluate, and report on the compliance of short
            term detention facilities, detention facilities and the
            Department with the requirements set forth in this Act.
                (3) Report.--Not later than 60 days after the first
            September 30 after the date of the enactment of this Act, and
            biennially thereafter, the commission shall submit a report on
            the duties set forth in paragraph (2) to--
                        (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; and
                        (D) the Committee on Homeland Security of the House
                    of Representatives.
        (d) Death in Custody Reporting Requirement.--
                (1) In general.--If an individual dies while in the custody
            of the Department or en route to or from custody, the
            supervising official at a short term detention facility or
            detention facility shall immediately report such death to the
            Secretary. Not later than 48 hours after receiving the report
            of such death, the Secretary shall report the death to the
            Office of the Inspector General of the Department and the
            Department of Justice.
                (2) Investigations.--The Department 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.
                (3) Reports.--
                        (A) In general.--Not later than 60 days after the
                    end of each fiscal year, the Secretary shall submit to
                    the Committee on the Judiciary and the Committee on
                    Homeland Security and Governmental Affairs of the
                    Senate and the Committee on the Judiciary and the
                    Committee on Homeland Security of the House of
                    Representatives a report containing detailed
                    information regarding all such deaths during the
                    preceding fiscal year, including each mortality and
                    morbidity report, corrective action plan, and
                    corrective actions taken.
                        (B) Contents.--The reports to the Office of the
                    Inspector General and to Congress referenced in
                    paragraph (1) shall, at a minimum, include the name,
                    gender, race, ethnicity, and age of the deceased; the
                    date, time, and location of death; the law enforcement
                    agency that detained, arrested, or was in the process
                    of arresting the deceased; a description of the
                    circumstances surrounding the death; the status and
                    results of any investigation that has been conducted
                    into the circumstances surrounding the death; and all
                    medical records of the deceased.

    SEC. 250. ACCESS TO COUNSEL.

        Section 240(b)(4) (8 U.S.C. 1229a(b)(4)) is amended--
                (1) in the matter preceding subparagraph (A), by striking
            ``In proceedings under this section, under regulations of the
            Attorney General'' and inserting ``The Attorney General shall
            promulgate regulations for proceedings under this section,
            under which--''
                (2) in subparagraph (B), by striking ``, and'' at the end
            and inserting a semicolon;
                (3) by redesignating subparagraph (C) as subparagraph (D);
            and
                (4) by inserting after subparagraph (B) the following:
                        ``(C) the Attorney General, or the designee of the
                    Attorney General, may appoint counsel to represent an
                    alien if the fair resolution or effective adjudication
                    of the proceedings would be served by appointment of
                    counsel; and''.

    SEC. 251. GROUP LEGAL ORIENTATION PRESENTATIONS.

        (a) Establishment of a National Legal Orientation Support and
    Training Center.--The Attorney General, in consultation with the
    Secretary, shall establish a National Legal Orientation Support and
    Training Center (referred to in this section as the ``Center'') to
    ensure quality and consistent implementation of group legal orientation
    programs nationwide.
        (b) Duties.--The Center shall--
                (1) offer training to nonprofit agencies that will offer
            group legal orientation programs;
                (2) consult with nonprofit agencies offering group legal
            orientation programs regarding program development and
            substantive legal issues;
                (3) develop standards for group legal orientation programs;
            and
                (4) ensure that all detained aliens in immigration and
            asylum proceedings under sections 235, 238, 240, and 241(b)(5)
            of the Immigration and Nationality Act (8 U.S.C. 1225, 1228,
            1229a, and 1231(b)(5)) receive group legal orientation
            programs.
        (c) Procedures.--The Secretary shall establish procedures for
    regularly scheduled, group legal orientation presentations.
        (d) Grants Authorized.--The Attorney General shall establish a
    program to award grants to nongovernmental agencies to develop,
    implement, or expand legal orientation programs for all detainees at a
    detention facility that offers such programs.

    SEC. 252. PROTECTIONS FOR REFUGEES.

        (a) Protection of Refugees Prior to Adjustment.--Section 209 (8
    U.S.C. 1159) is amended--
                (1) in subsection (a)(1), by striking ``return or be
            returned to the custody of the Department of Homeland Security
            for inspection and examination for admission to the United
            States as an immigrant in accordance with the provisions of
            sections 235, 240, and 241'' and inserting ``be eligible for
            adjustment of status as an immigrant to the United States'';
                (2) in subsection (a)(2), by striking ``upon inspection and
            examination''; and
                (3) in subsection (c), by adding at the end the following:
            ``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.''.
        (b) Procedures for Ensuring Accuracy and Verifiability of Sworn
    Statements Taken Pursuant to Expedited Removal Authority.--
                (1) In general.--The Secretary shall establish quality
            assurance procedures to ensure the accuracy and verifiability
            of signed or sworn statements taken by employees of the
            Department exercising expedited removal authority under section
            235(b) of the Immigration and Nationality Act (8 U.S.C.
            1225(b)).
                (2) Recording of interviews.--Any sworn or signed written
            statement taken of an alien as part of the record of a
            proceeding under section 235(b)(1)(A) of the Immigration and
            Nationality Act (8 U.S.C. 1225(b)(1)(A) shall be accompanied by
            a recording of the interview which served as the basis for that
            sworn statement.
                (3) Recordings.--
                        (A) In general.--The recording of the interview
                    shall include the written statement, in its entirety,
                    being read back to the alien in a language that the
                    alien claims to understand, and the alien affirming the
                    accuracy of the statement or making any corrections
                    thereto.
                        (B) Format.--The recording shall be made in video,
                    audio, or other equally reliable format.
                (4) Exemption authority.--
                        (A) Subsections (b) and (c) shall not apply to
                    interviews that occur at facilities exempted by the
                    Secretary pursuant to this subsection.
                        (B) The Secretary or the Secretary's designee may
                    exempt any facility based on a determination by the
                    Secretary or the Secretary's designee that compliance
                    with subsections (b) and (c) at that facility would
                    impair operations or impose undue burdens or costs.
                        (C) The Secretary or the Secretary's designee shall
                    report annually to Congress on the facilities that have
                    been exempted pursuant to this subsection.
                        (D) The exercise of the exemption authority shall
                    not give rise to a private cause of action.
        (c) Interpreters.--The Secretary shall ensure that a professional
    fluent interpreter is used when the interviewing officer does not speak
    a language understood by the alien and there is no other Federal, State
    or local government employee available who is able to interpret
    effectively, accurately and impartially.
        (d) Recordings in Immigration Proceedings.--Recordings of
    interviews of aliens described in section (b) shall be included in the
    record of a proceeding and may be considered as evidence in any further
    proceedings involving the alien.
        (e) Study on the Effect of Expedited Removal Provisions, Practices
    and Procedures on Asylum Claims.--
                (1) In general.--The United States Commission on
            International Religious Freedom (referred to in this section as
            the ``Commission'') is authorized to conduct a study to
            determine whether immigration officers described in paragraph
            (2) are engaging in conduct described in paragraph (3).
                (2) Immigration officers described.--An immigration officer
            described in this paragraph is an immigration officer
            performing duties under section 235(b) of the Immigration and
            Nationality Act (8 U.S.C. 1225(b)) with respect to aliens who
            are apprehended after entering the United States and who may be
            eligible to apply for asylum under such section or section 208
            of such Act (8 U.S.C. 1158).
                (3) Conduct described.--Conduct described in this paragraph
            is the following:
                        (A) Improperly encouraging an alien referred to in
                    paragraph (2) to withdraw or retract claims for asylum.
                        (B) Incorrectly failing to refer such an alien for
                    an interview by an asylum officer for a determination
                    of whether the alien has a credible fear of persecution
                    (within the meaning of section 235(b)(1)(B)(v) of the
                    Immigration and Nationality Act (8 U.S.C.
                    1225(b)(1)(B)(v))).
                        (C) Incorrectly removing such an alien to a country
                    where the alien may be persecuted.
                        (D) Detaining such an alien improperly or in
                    inappropriate conditions.
        (f) Report.--Not later than 24 months after the date on which the
    Commission initiates the study conducted under subsection (a), the
    Commission shall submit a report containing the results of the study
    to--
                (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 Foreign Relations of the Senate;
                (4) the Committee on Homeland Security of the House of
            Representatives;
                (5) the Committee on the Judiciary of the House of
            Representatives; and
                (6) the Committee on Foreign Affairs of the House of
            Representatives.
        (g) Staff.--
                (1) From other agencies.--At the request of the Commission,
            the Secretary, the Attorney General, and the Comptroller
            General of the United States shall authorize staff designated
            by the Commission who are recognized for their expertise and
            knowledge of refugee and asylum issues to assist the Commission
            in conducting the study under subsection (a).
                (2) Hiring of staff.--The Commission may hire additional
            staff and consultants to conduct the study under subsection
            (a).
                (3) Access to proceedings.--
                        (A) In general.--Except as provided in subparagraph
                    (B), the Secretary and the Attorney General shall
                    permit staff designated under paragraph (1) or hired
                    under paragraph (2) to have unrestricted access to all
                    stages of all proceedings conducted under section
                    235(b) of the Immigration and Nationality Act (8 U.S.C.
                    1225(b)).
                        (B) Exceptions.--The Secretary and the Attorney
                    General shall not permit unrestricted access pursuant
                    to subparagraph (A) in any case in which--
                                (i) an alien that is subject to a
                            proceeding conducted under section 235(b) of
                            the Immigration and Nationality Act objects to
                            such access; or
                                (ii) the Secretary or Attorney General
                            determines that the security of a particular
                            proceeding would be threatened by such access.

    SEC. 253. 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. 254. LAWFUL PERMANENT RESIDENT STATUS OF REFUGEES AND ASYLUM
                  SEEKERS GRANTED ASYLUM.

        (a) Admission of Emergency Situation Refugees.--Section 207(c) (8
    U.S.C. 1157(c)) is amended--
                (1) in paragraph (1)--
                        (A) by striking ``Attorney General the first time
                    it appears and inserting `Secretary of Homeland
                    Security'';
                        (B) by striking ``Attorney General'' each
                    additional place it appears and inserting
                    ``Secretary''; and
                        (C) by striking ``(except as otherwise provided
                    under paragraph (3)) as an immigrant under this Act.''
                    and inserting ``(except as provided under subsection
                    (b) and (c) of section 209) as an immigrant under this
                    Act. Notwithstanding any numerical limitations
                    specified in this Act, any alien admitted under this
                    paragraph shall be regarded as lawfully admitted to the
                    United States for permanent residence as of the date of
                    such alien's admission to the United States.'';
                (2) in paragraph (2)(A)--
                        (A) by striking ``(except as otherwise provided
                    under paragraph (3))'' and inserting ``(except as
                    provided under subsection (b) and (c) of section
                    209)''; and
                        (B) by striking the last sentence and inserting the
                    following: ``An alien admitted to the United States as
                    a refugee may petition for his or her spouse or child
                    to follow to join him or her in the United States at
                    any time after such alien's admission, notwithstanding
                    his or her treatment as a lawful permanent resident as
                    of the date of his or her admission to the United
                    States.'';
                (3) by striking paragraph (3);
                (4) by redesignating paragraph (4) as paragraph (3); and
                (5) in paragraph (3), as redesignated--
                        (A) by striking ``Attorney General'' the first time
                    it appears and inserting ``Secretary of Homeland
                    Security''; and
                        (B) by striking ``Attorney General'' each
                    additional place it appears and inserting
                    ``Secretary''.
        (b) Treatment of Spouse and Children.--Section 208(b)(3) (8 U.S.C.
    1158(b)(3)) is amended--
                (1) by redesignating subparagraph (B) as subparagraph (E);
            and
                (2) by inserting after subparagraph (A) the following:
                        ``(B) Petition.--An alien granted asylum under this
                    subsection may petition for the same status to be
                    conferred on his or her spouse or child at any time
                    after such alien is granted asylum whether or not such
                    alien has applied for, or been granted, adjustment to
                    permanent resident status under section 209.
                        ``(C) Permanent resident status.--Notwithstanding
                    any numerical limitations specified in this Act, a
                    spouse or child admitted to the United States as an
                    asylee following to join a spouse or parent previously
                    granted asylum shall be regarded as lawfully admitted
                    to the United States for permanent residence as of the
                    date of such spouse's or child's admission to the
                    United States.
                        ``(D) Application for adjustment of status.--A
                    spouse or child who was not admitted to the United
                    States pursuant to a grant of asylum, but who was
                    granted asylum under this subparagraph after his or her
                    arrival as the spouse or child of an alien granted
                    asylum under section 208, may apply for adjustment of
                    status to that of lawful permanent resident under
                    section 209 at any time after being granted asylum.''.
        (c) Refugees.--
                (1) In general.--Section 209 (8 U.S.C. 1159) is amended to
            read as follows:

    ``SEC. 209. TREATMENT OF ALIENS ADMITTED AS REFUGEES AND OF ALIENS
                  GRANTED ASYLUM.

        ``(a) In General.--
                ``(1) Treatment of refugees.--Notwithstanding any numerical
            limitations specified in this Act, any alien who has been
            admitted to the United States under section 207 shall be
            regarded as lawfully admitted to the United States for
            permanent residence as of the date of such admission.
                ``(2) Treatment of spouse and children.--Notwithstanding
            any numerical limitations specified in this Act, any alien
            admitted to the United States under section 208(b)(3) as the
            spouse or child of an alien granted asylum under section
            208(b)(1) shall be regarded as lawfully admitted to the United
            States for permanent residence as of the date of such
            admission.
                ``(3) Adjustment of status.--The Secretary of Homeland
            Security or the Attorney General, in the discretion of the
            Secretary or the Attorney General, and under such regulations
            as the Secretary or the Attorney General may prescribe, may
            adjust, to the status of an alien lawfully admitted to the
            United States for permanent residence, the status of any alien
            who, while in the United States--
                        ``(A) is granted--
                                ``(i) asylum under section 208(b) (as a
                            principal alien or as the spouse or child of an
                            alien granted asylum); or
                                ``(ii) refugee status under section 207 as
                            the spouse or child of a refugee;
                        ``(B) applies for such adjustment of status at any
                    time after being granted asylum or refugee status;
                        ``(C) is not firmly resettled in any foreign
                    country; and
                        ``(D) is admissible (except as otherwise provided
                    under subsections (b) and (c)) as an immigrant under
                    this Act at the time of examination for adjustment of
                    such alien.
                ``(4) Record.--Upon approval of an application under this
            subsection, the Secretary of Homeland Security or the Attorney
            General shall establish a record of the alien's admission for
            lawful permanent residence as of the date such alien was
            granted asylum or refugee status.
                ``(5) Document issuance.--An alien who has been admitted to
            the United States under section 207 or 208 or who adjusts to
            the status of a lawful permanent resident as a refugee or
            asylee under this section shall be issued documentation
            indicating that such alien is a lawful permanent resident
            pursuant to a grant of refugee or asylum status.
        ``(b) Inapplicability of Certain Inadmissibility Grounds to
    Refugees, Aliens Granted Asylum, and Such Aliens Seeking Adjustment of
    Status to Lawful Permanent Resident.--Paragraphs (4), (5), and (7)(A)
    of section 212(a) shall not apply to--
                ``(1) any refugee under section 207;
                ``(2) any alien granted asylum under section 208; or
                ``(3) any alien seeking admission as a lawful permanent
            resident pursuant to a grant of refugee or asylum status.
        ``(c) Waiver of Inadmissibility or Deportability for Refugees,
    Aliens Granted Asylum, and Such Aliens Seeking Adjustment of Status to
    Lawful Permanent Resident.--
                ``(1) In general.--Except as provided in paragraph (2), the
            Secretary of Homeland Security or the Attorney General may
            waive any ground of inadmissibility under section 212 or any
            ground of deportability under section 237 for a refugee
            admitted under section 207, an alien granted asylum under
            section 208, or an alien seeking admission as a lawful
            permanent resident pursuant to a grant of refugee or asylum
            status if the Secretary or the Attorney General determines that
            such waiver is justified by humanitarian purposes, to ensure
            family unity, or is otherwise in the public interest.
                ``(2) Ineligibility.--A refugee under section 207, an alien
            granted asylum under section 208, or an alien seeking admission
            as a lawful permanent resident pursuant to a grant of refugee
            or asylum status shall be ineligible for a waiver under
            paragraph (1) if it has been established that the alien is--
                        ``(A) inadmissible under section 212(a)(2)(C) or
                    subparagraph (A), (B), (C), or (E) of section
                    212(a)(3);
                        ``(B) deportable under section 237(a)(2)(A)(iii)
                    for an offense described in section 101(a)(43)(B); or
                        ``(C) deportable under subparagraph (A), (B), (C),
                    or (D) of section 237(a)(4).''.
        (d) Technical Amendments.--
                (1) Aliens not subject to direct numerical limitations.--
            Section 201(b)(1)(B) (8 U.S.C. 1151(b)(1)(B)) is amended to
            read as follows:
                        ``(B) Aliens who are admitted to the United States
                    as permanent residents under section 207 or 208 or
                    whose status is adjusted under section 209.''.
                (2) Training.--Section 207(f)(1) (8 U.S.C. 1157(f)(1)) is
            amended by striking ``Attorney General'' and inserting
            ``Secretary of Homeland Security''.
                (3) Table of contents.--The table of contents is amended by
            striking the item relating to section 209 and inserting the
            following:

    ``Sec. 209. Treatment of aliens admitted as refugees and of aliens
                                granted asylum.''.
        (e) Savings Provisions.--
                (1) In general.--Nothing in the amendments made by this
            section may be construed to limit access to the benefits
            described at chapter 2 of title IV of the Immigration and
            Nationality Act (8 U.S.C. 1521 et seq.).
                (2) Clarification.--Aliens admitted for lawful permanent
            residence under section 207 or 208 of the Immigration and
            Nationality Act (8 U.S.C. 1157 and 1158) or who adjust status
            to lawful permanent resident under section 209 of such Act (8
            U.S.C. 1159) shall be considered to be refugees and aliens
            granted asylum in accordance with sections 402, 403, 412, and
            431 of the Personal Responsibility and Work Opportunity
            Reconciliation Act of 1996 (8 U.S.C. 1612, 1613, 1622, and
            1641).
        (f) Effective Date.--This section, and the amendments made by this
    section, shall become effective on the earlier of--
                (1) the date that is 180 days after the date of the
            enactment of this Act; or
                (2) the date on which a final rule is promulgated to
            implement this section.

    SEC. 255. ELIMINATION OF TIME LIMITS ON ASYLUM APPLICATIONS.

        Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--
                (1) in subparagraph (A), by striking ``Attorney General''
            each place it appears and inserting ``Attorney General or the
            Secretary of Homeland Security'';
                (2) by striking subparagraph (B);
                (3) by redesignating subparagraphs (C) and (D) as
            subparagraphs (B) and (C), respectively;
                (4) in subparagraph (B), as redesignated, by striking
            ``subparagraph (D)'' and inserting ``subparagraphs (C) and
            (D)''; and
                (5) by striking subparagraph (C), as redesignated, and
            inserting the following:
                        ``(C) Changed circumstances.--Notwithstanding
                    subparagraph (B), an application for asylum of an alien
                    may be considered if the alien demonstrates, to the
                    satisfaction of the Attorney General or the Secretary
                    of Homeland Security, the existence of changed
                    circumstances that materially affect the applicant's
                    eligibility for asylum.
                        ``(D) Motion to reopen denied asylum claim.--
                    Notwithstanding subparagraph (B) or section 240(c)(7),
                    an alien may file a motion to reopen an asylum claim
                    during the 2-year period beginning on the date of
                    enactment of this subparagraph if the alien--
                                ``(i) was denied asylum based solely upon a
                            failure to meet the 1-year application filing
                            deadline in effect on the date on which the
                            application was filed;
                                ``(ii) was granted withholding of removal
                            to the alien's country of nationality (or, if
                            stateless, to the country of last habitual
                            residence under section 241(b)(3));
                                ``(iii) has not obtained lawful permanent
                            residence in the United States pursuant to any
                            other provision of law;
                                ``(iv) is not subject to the safe third
                            country exception in section 208(a)(2)(A) or a
                            bar to asylum under section 208(b)(2) and
                            should not be denied asylum as a matter of
                            discretion; and
                                ``(v) is physically present in the United
                            States when the motion is filed.''; and
                (6) in subparagraph (E), by striking ``subparagraphs (A)
            and (B)'' and inserting ``subparagraph (A).''

    SEC. 256. EFFICIENT ASYLUM DETERMINATION PROCESS AND DETENTION OF
                  ASYLUM SEEKERS.

        Section 235(b)(1)(B) (8 U.S.C. 1225(b)(1)(B)) is amended--
                (1) in clause (ii), by striking ``shall be detained for
            further consideration of the application for asylum'' and
            inserting ``may, in the Secretary's discretion, be detained for
            further consideration of the application for asylum by an
            asylum officer designated by the Director of United States
            Citizenship and Immigration Services. The asylum officer, after
            conducting a nonadversarial asylum interview, may grant asylum
            to the alien under section 208 or refer the case to a designee
            of the Attorney General, for a de novo asylum determination,
            for relief under the Convention Against Torture and Other
            Cruel, Inhuman or Degrading Treatment or Punishment, done at
            New York December 10, 1984, or for withholding of removal under
            section 241(b)(3).''; and
                (2) in clause (iii)(IV)--
                        (A) by amending the subclause heading to read as
                    follows:
                                        ``(IV) Detention.--''; and
                        (B) by striking ``shall'' and inserting ``may, in
                    the Secretary's discretion,''.

    SEC. 257. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.

        (a) In General.--Chapter 1 of title II (8 U.S.C. 1151 et seq.) is
    amended by adding at the end the following:

    ``SEC. 210A. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.

        ``(a) Defined Term.--
                ``(1) In general.--In this section, the term `de jure
            stateless person' means an individual who is not considered a
            national under the laws of any country. Individuals who have
            lost their nationality as a result of their voluntary action or
            knowing inaction after arrival in the United States shall not
            be considered de jure stateless persons.
                ``(2) Designation of specific de jure groups.--The
            Secretary of Homeland Security, in consultation with the
            Secretary of State, may, in the discretion of the Secretary,
            designate specific groups of individuals who are considered de
            jure stateless persons, for purposes of this section.
        ``(b) Mechanisms for Regularizing the Status of Stateless
    Persons.--
                ``(1) Relief for individuals determined to be de jure
            stateless persons.--The Secretary of Homeland Security or the
            Attorney General may, in his or her discretion, provide
            conditional lawful status to an alien who is otherwise
            inadmissible or deportable from the United States if the
            alien--
                        ``(A) is a de jure stateless person;
                        ``(B) applies for such relief;
                        ``(C) is not inadmissible under paragraph (2) or
                    (3) of section 212(a); and
                        ``(D) is not described in section 241(b)(3)(B)(i).
                ``(2) Waivers.--The provisions of paragraphs (4), (5),
            (6)(A), (7)(A), and (9) of section 212(a) shall not be
            applicable to any alien seeking relief under paragraph (1), and
            the Secretary of Homeland Security or the Attorney General may
            waive any other provision of such section (other than paragraph
            (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3))
            with respect to such an alien for humanitarian purposes, to
            assure family unity, or when it is otherwise in the public
            interest.
                ``(3) Submission of passport or travel document.--Any alien
            who seeks benefits under this section must submit to the
            Secretary or the Attorney General--
                        ``(A) any passport or travel document issued at any
                    time to the alien (whether or not the passport or
                    document has expired or been cancelled, rescinded, or
                    revoked); or
                        ``(B) an affidavit sworn under penalty of perjury
                    stating that the alien has never been issued a passport
                    or travel document, or identifying with particularity
                    any such passport or travel document and explaining why
                    the alien cannot submit it.
                ``(4) Work authorization.--The Secretary may--
                        ``(A) authorize an alien who has applied for relief
                    under paragraph (1) to engage in employment in the
                    United States while such application is being
                    considered; and
                        ``(B) provide such applicant with an employment
                    authorized endorsement or other appropriate document
                    signifying authorization of employment.
                ``(5) Treatment of spouses and children.--The spouse or
            child of an alien who has been granted conditional lawful
            status under paragraph (1) shall, if not otherwise eligible for
            admission under paragraph (1), be granted conditional lawful
            status under this section if accompanying, or following to
            join, such alien, provided that the spouse or child is
            admissible (except as otherwise provided in paragraph (2)), and
            provided further that the qualifying relationship to the
            principal beneficiary existed on the date on which such alien
            was granted conditional lawful status.
        ``(c) Adjustment of Status.--
                ``(1) Inspection and examination.--At the end of the 5-year
            period beginning on the date on which an alien has been granted
            conditional lawful status under subsection (b), the alien may
            apply for lawful permanent residence in the United States if--
                        ``(A) the alien has been physically present in the
                    United States for at least 5 years;
                        ``(B) the alien's conditional lawful status has not
                    been terminated by the Secretary of Homeland Security
                    or the Attorney General, pursuant to such regulations
                    as the Secretary or the Attorney General may prescribe;
                    and
                        ``(C) the alien has not otherwise acquired
                    permanent resident status.
                ``(2) Requirements for adjustment.--The Secretary or the
            Attorney General, under such regulations as the Secretary or
            the Attorney General may prescribe, may adjust the status of an
            alien granted conditional lawful status under subsection (b) to
            that of an alien lawfully admitted for permanent residence if
            such alien--
                        ``(A) is a de jure stateless person;
                        ``(B) properly applies for such adjustment of
                    status;
                        ``(C) has been physically present in the United
                    States for at least 5 years after being granted
                    conditional lawful status under subsection (b);
                        ``(D) is not firmly resettled in any foreign
                    country; and
                        ``(E) is admissible (except as otherwise provided
                    under subsection (b)(2)) as an immigrant under this
                    chapter at the time of examination of such alien for
                    adjustment of status.
                ``(3) Record.--Upon approval of an application under this
            subsection, the Secretary or the Attorney General shall
            establish a record of the alien's admission for lawful
            permanent residence as of the date that is 5 years before the
            date of such approval.
        ``(d) Proving the Claim.--In determining an alien's eligibility for
    lawful conditional status or adjustment of status under this
    subsection, the Secretary or the Attorney General shall consider any
    credible evidence relevant to the application. The determination of
    what evidence is credible and the weight to be given that evidence
    shall be within the sole discretion of the Secretary or the Attorney
    General.
        ``(e) Review.--
                ``(1) Administrative review.--No appeal shall lie from the
            denial of an application by the Secretary, but such denial will
            be without prejudice to the alien's right to renew the
            application in proceedings under section 240 of this title.
                ``(2) Motions to reopen.--Notwithstanding any limitation
            imposed by law on motions to reopen removal, deportation, or
            exclusion proceedings, any individual who is eligible for
            relief under this section may file 1 motion to reopen removal
            or deportation proceedings in order to apply for relief under
            this section, except that any such motion must be filed within
            one year of the date of enactment of this section, or within 90
            days of the date of entry of a final administrative order of
            removal, deportation, or exclusion, whichever is later.
        ``(f) Limitation.--The provisions of this section shall apply only
    to aliens present in the United States. Nothing in this section shall
    be construed to authorize or require (i) the admission of any alien to
    the United States, (ii) the parole of any alien into the United States,
    or (iii) the grant of any motion to reopen or reconsider filed by an
    alien after departure or removal from the United States.''.
        (b) Judicial Review.--Section 242(a)(2)(B)(ii) of the Immigration
    and Nationality Act (8 U.S.C. 1252(a)(2)(B)(ii)) is amended by
    inserting ``or 210A'' after ``208(a)''.
        (c) Clerical Amendment.--The table of contents for the Immigration
    and Nationality Act is amended by inserting after the item relating to
    section 210 the following:

    ``210A. Protection of stateless persons in the United States.''.

    SEC. 258. AUTHORITY TO DESIGNATE CERTAIN GROUPS OF REFUGEES FOR
                  CONSIDERATION.

        (a) In General.--Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is
    amended--
                (1) by inserting ``(A)'' before ``Subject to the numerical
            limitations''; and
                (2) by adding at the end the following:
                ``(B)(i) The President, upon a recommendation of the
            Secretary of State made in consultation with the Secretary of
            Homeland Security, and after appropriate consultation (as
            defined in paragraph (e)), may designate specifically defined
            groups of aliens whose resettlement in the United States is
            justified by humanitarian concerns or is otherwise in the
            national interest and who share common characteristics that
            identify them as targets of persecution on account of race,
            religion, nationality, membership in a particular social group,
            or political opinion or of other serious harm, or who, having
            been identified as targets of persecution on account of race,
            religion, nationality, membership in a particular social group,
            or political opinion or of other serious harm, share a common
            need for resettlement due to a specific vulnerability.
                ``(ii) An alien who establishes membership in a group
            designated under clause (i) to the satisfaction of the
            Secretary of Homeland Security shall be considered a refugee
            for purposes of admission as a refugee under this section,
            unless the Secretary determines that such alien 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.
                ``(iii) A designation under clause (i)--
                        ``(I) may be revoked by the President at any time
                    after notification to Congress; `(II) if not revoked,
                    shall expire at the end of each fiscal year; and
                        ``(II) may be renewed by the President after
                    appropriate consultation (as defined in paragraph (e)).
                ``(iv) Categories of aliens established under section 599D
            of title V of Public Law 101-167 (8 U.S.C. 1157 note) shall be
            designated under clause (i) until the end of the first fiscal
            year commencing after the date of enactment of this
            subparagraph, and thereafter shall be eligible for designation
            at the discretion of the President.
                ``(v) An alien's admission under this subparagraph shall
            count against the refugee admissions goal under subsection (a).
                ``(vi) A designation under clause (i) shall not influence
            decisions to grant, to any alien, asylum under section 208,
            protection under section 241(b)(3), or protection under Article
            3 of the Convention Against Torture and Other Cruel, Inhuman or
            Degrading Treatment or Punishment, done at New York December
            10, 1984.''.
        (b) Written Reasons for Denials of Refugee Status.--Each decision
    to deny an application for refugee status of an alien who is within a
    category established under this section shall be in writing and shall
    state, to the maximum extent feasible, the reason for the denial.
        (c) Effective Date.--The amendments made by subsection (a) shall
    take effect on the first day of the first fiscal year that begins after
    the date of the enactment of this Act.

    SEC. 259. ADMISSION OF REFUGEES IN THE ABSENCE OF THE ANNUAL
                  PRESIDENTIAL DETERMINATION.

        Section 207(a) (8 U.S.C. 1157(a)) is amended--
                (1) by striking paragraph (1);
                (2) by redesignating paragraphs (2), (3), (4), and (5) as
            paragraphs (1), (2), (3), and (4), respectively;
                (3) in paragraph (1), as redesignated--
                        (A) by striking ``after fiscal year 1982''; and
                        (B) by adding at the end the following: ``If the
                    President does not issue a determination under this
                    paragraph before the beginning of a fiscal year, the
                    number of refugees that may be admitted under this
                    section in each quarter before the issuance of such
                    determination shall be 25 percent of the number of
                    refugees admissible under this section during the
                    previous fiscal year.''; and
                (4) in paragraph (3), as redesignated, by striking
            ``(beginning with fiscal year 1992)''.

                        TITLE III--WORKSITE ENFORCEMENT

    SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

        (a) Section 274A of the Immigration and Nationality Act (8 U.S.C.
    1324a) is amended to read as follows:

    ``SEC. 274A. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED ALIENS.

        ``(a) In General.--
                ``(1) In general.--It is unlawful for an employer--
                        ``(A) to hire an alien for employment in the United
                    States knowing or with reckless disregard that the
                    alien is an unauthorized alien (as defined in
                    subsection (b)(1)) with respect to such employment; or
                        ``(B) to hire for employment in the United States
                    an individual without complying with the requirements
                    of subsections (c) and (d).
                ``(2) Continuing employment.--It is unlawful for an
            employer, after hiring an alien for employment, to continue to
            employ the alien in the United States knowing or with reckless
            disregard that the alien is (or has become) an unauthorized
            alien with respect to such employment. Nothing in this section
            shall prohibit or require employment of an authorized employee
            who was previously unauthorized.
                ``(3) Use of labor through contract.--For purposes of this
            section, any person or entity who uses a contract, subcontract,
            or exchange to obtain the labor of an alien in the United
            States knowing or with reckless disregard that the alien is an
            unauthorized alien (as defined in subsection (b)(1)) with
            respect to performing such labor, shall be considered to have
            hired the alien for employment in the United States in
            violation of subparagraph (a)(1)(A).
                        ``(A) For purposes of ensuring compliance with the
                    immigration laws, the Secretary may require by
                    regulation that a person or entity include in a written
                    contract or subcontract an effective and enforceable
                    requirement that the contractor or subcontractor adhere
                    to the immigration laws, including the use of an
                    employment verification system (referred to in this
                    section as the `System').
                        ``(B) The Secretary may establish procedures by
                    which a person or entity may obtain confirmation from
                    the Secretary that the contractor or subcontractor has
                    registered with the System and is utilizing the System
                    to verify its employees.
                        ``(C) The Secretary may establish such other
                    requirements for persons or entities using contractors
                    or subcontractors, including procedures adapted to
                    different employment sectors, as the Secretary deems
                    necessary to prevent knowing violations of this
                    paragraph.
                ``(4) Defense.--An employer that establishes that it has
            complied in good faith with the requirements of subsections
            (c)(1) through (c)(4), pertaining to document verification
            requirements, and subsection (d), pertaining to the use of the
            System, has established an affirmative defense that the
            employer has not violated subsection (a)(1)(A) with respect to
            such hiring; provided that--
                        ``(A) until such time as the Secretary has required
                    an employer to participate in the System, or that
                    employer is participating on a voluntary basis pursuant
                    to subsection (d), a defense is established without a
                    showing of compliance with subsection (d); and
                        ``(B) to establish a defense, the employer must
                    also be in compliance with any additional requirements
                    that the Secretary may promulgate by regulation
                    pursuant to subsections (c) and (d).
                ``(5) Presumption.--An employer is presumed to have acted
            with knowledge or reckless disregard if the employer fails to
            comply with written standards, procedures, or instructions
            issued by the Secretary.
        ``(b) Definitions.--In this section:
                ``(1) Employer.--The term `employer'--
                        ``(A) means any person or entity hiring an
                    individual for employment in the United States,
                    including--
                                ``(i) any person or entity who is an agent
                            acting on behalf of an employer; and
                                ``(ii) entities in any branch of the
                            Federal Government; and
                        ``(B) does not include a person or entity with
                    fewer than 5 full- or part-time employees, for purposes
                    of any requirement to participate in the System under
                    subsection (d), except as it relates to subsection
                    (d)(2)(H).
                ``(2) Unauthorized alien.--The term `unauthorized alien'
            means, with respect to the employment of an alien at a
            particular time, that the alien is not--
                        ``(A) an alien lawfully admitted for permanent
                    residence; or
                        ``(B) authorized to be so employed by this Act or
                    by the Secretary.
        ``(c) Document Verification Requirements.--Any employer hiring an
    individual for employment in the United States shall take the following
    steps, and those provided in subsection (d), to verify that the
    individual is authorized to work in the United States:
                ``(1) Attestation after examination of documentation.--
                        ``(A) In general.--The employer must attest, under
                    penalty of perjury and on a form prescribed by the
                    Secretary, that it has verified the identity and
                    employment authorization status of the individual by
                    examining--
                                ``(i) a document described in subparagraph
                            (B); or
                                ``(ii) a document described in subparagraph
                            (C) and a document described in subparagraph
                            (D).
                    The form prescribed by the Secretary may be electronic
                    or on paper, and may be integrated electronically with
                    the requirements under subsection (d), if the Secretary
                    determines that combining the requirements in (c) and
                    (d) would improve efficiency of the verification
                    requirements. Such attestation may be manifested by
                    either a handwritten or digital signature. An employer
                    has complied with the requirements of this paragraph
                    with respect to examination of documentation if the
                    employer has followed applicable regulations and any
                    written procedures or instructions provided by the
                    Secretary, and if a reasonable person would conclude
                    that the documentation is genuine and relates to the
                    individual presenting it, taking into account any
                    information provided to the employer by the Secretary,
                    including photographs and other biometric information.
                        ``(B) Documents establishing both employment
                    authorization and identity.--A document described in
                    this subparagraph is an individual's--
                                ``(i) United States passport or passport
                            card issued pursuant to the Secretary of
                            State's authority under section 211a of title
                            22, United States Code;
                                ``(ii) permanent resident card or other
                            document issued to aliens authorized to work in
                            the United States, as designated by the
                            Secretary, if the document--
                                        ``(I) contains a photograph of the
                                    individual, other biometric data such
                                    as fingerprints, or such other personal
                                    identifying information relating to the
                                    individual as the Secretary finds, by
                                    regulation, sufficient for the purposes
                                    of this subsection;
                                        ``(II) is evidence of authorization
                                    for employment in the United States;
                                    and
                                        ``(III) contains security features
                                    to make it resistant to tampering,
                                    counterfeiting, and fraudulent use;
                                ``(iii) enhanced driver's license, enhanced
                            identification card, or enhanced tribal card
                            issued to a citizen of the United States,
                            provided that the Secretary has certified by
                            notice published in the Federal Register that
                            such enhanced document is suitable for use
                            under this subparagraph based upon the accuracy
                            and security of the issuance process, security
                            features on the document, and such other
                            factors as the Secretary may determine; or
                                ``(iv) a passport issued by the Federated
                            States of Micronesia (FSM) or the Republic of
                            the Marshall Islands (RMI) with evidence of
                            nonimmigrant admission to the United States
                            under the Compact of Free Association between
                            the United States and the FSM or the RMI.
                        ``(C) Documents establishing identity of
                    individual.--A document described in this subparagraph
                    includes--
                                ``(i) an individual's driver's license or
                            identity card issued by a State or an outlying
                            possession of the United States, a Federally
                            recognized Indian tribe, or an agency
                            (including military) of the Federal government
                            if the driver's license or identity card
                            includes, at a minimum,--
                                        ``(I) the individual's photograph,
                                    name, date of birth, gender, and
                                    driver's license or identification card
                                    number, and
                                        ``(II) security features to make it
                                    resistant to tampering, counterfeiting,
                                    and fraudulent use, or
                                ``(ii) for individuals under 18 years of
                            age who are unable to present a document listed
                            in clause (i), documentation of personal
                            identity of such other type as the Secretary
                            finds provides a reliable means of
                            identification, which may include an
                            attestation as to the individual's identity by
                            a person 21 years of age or older under penalty
                            of perjury.
                        ``(D) Documents evidencing employment
                    authorization.--All documents must be unexpired. The
                    following documents may be accepted as evidence of
                    employment authorization--
                                ``(i) a Social Security account number card
                            issued by the Commissioner of Social Security
                            (referred to in this section as the
                            `Commissioner') other than a card which
                            specifies on its face that the card is not
                            valid for employment in the United States or
                            has other similar words of limitation. The
                            Secretary, in consultation with the
                            Commissioner, may require by publication of a
                            notice in the Federal Register that only a
                            social security account number card described
                            in section 304 of the CIR Act of 2010 be
                            accepted for this purpose; or
                                ``(ii) any other documentation evidencing
                            authorization of employment in the United
                            States which the Secretary determines, by
                            notice published in the Federal Register, to be
                            acceptable for purposes of this section,
                            provided that the document, including any
                            electronic security measures linked to the
                            document, contains security features to make it
                            resistant to tampering, counterfeiting, and
                            fraudulent use.
                        ``(E) Authority to prohibit use of certain
                    documents.--If the Secretary finds that any document or
                    class of documents described in subparagraph (B), (C),
                    or (D) does not reliably establish employment
                    authorization or identity or is being used fraudulently
                    to an unacceptable degree, the Secretary may prohibit
                    or restrict the use of that document or class of
                    documents for purposes of this subsection.
                ``(2) Individual attestation of employment authorization.--
            The individual must attest, under penalty of perjury in the
            form prescribed by the Secretary, that the individual is a
            citizen or national of the United States, an alien lawfully
            admitted for permanent residence, or an alien who is authorized
            under this Act or by the Secretary to be hired for such
            employment. Such attestation may be manifested by either a
            hand-written or digital signature. The individual must also
            provide any Social Security Account Number issued to the
            individual on such form.
                ``(3) Retention of verification record.--After completion
            of such form in accordance with paragraphs (1) and (2), the
            employer must retain a paper, microfiche, microfilm, or
            electronic version of the form, according to such standards as
            the Secretary may provide, and make it available for inspection
            by officers or employees of the Department of Homeland Security
            (or persons designated by the Secretary), the Special Counsel
            for Immigration-Related Unfair Employment Practices, or the
            Department of Labor during a period beginning on the date of
            the hiring of the individual and ending 7 years after such date
            of hiring, or 2 years after the date the individual's
            employment is terminated, whichever is later.
                ``(4) Copying of documentation and recordkeeping
            required.--
                        ``(A) Notwithstanding any other provision of law,
                    the employer shall copy all documents presented by an
                    individual pursuant to this subsection and shall retain
                    a paper, microfiche, microfilm, or electronic copy, but
                    only (except as otherwise permitted under law) for the
                    purposes of complying with the requirements of this
                    section and section 274B. Such copies may be required
                    to reflect the signatures of the employer and the
                    employee, as well as the date of receipt. The Secretary
                    may authorize or require an alternative method of
                    storing and authenticating the employee's documentation
                    information if the Secretary determines that such
                    alternative method is more secure or efficient.
                        ``(B) The employer shall maintain records of all
                    actions and copies of any correspondence or action
                    taken by the employer to clarify or resolve any issue
                    as to the validity of the individual's identity or
                    employment authorization.
                        ``(C) The employer shall maintain the records
                    described in this paragraph for any employee for the
                    period of time required by paragraph (3) for retention
                    of that employee's verification form. The Secretary may
                    prescribe the manner of recordkeeping and may require
                    that additional records be kept or that additional
                    documents be copied and maintained. The Secretary in
                    furtherance of an investigation based on reasonable
                    suspicion of a violation of this act, may require that
                    these documents be transmitted electronically for
                    purposes of authorized inspections or other enforcement
                    actions, and may develop automated capabilities to
                    request such documents.
                        ``(D) An employer shall safeguard any information
                    retained under this paragraph and paragraph (3) and
                    protect any means of access to such information to
                    ensure that such information is not used for any
                    purpose other than as authorized in this paragraph or
                    paragraph (3) or 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, except as provided in paragraph (3).
                ``(5) Penalties.--An employer that fails to comply with any
            requirement of this subsection shall be penalized under
            subsection (e)(4)(B).
                ``(6) Protection of civil rights.--
                        ``(A) Nothing in this section shall be construed to
                    prohibit any reasonable accommodation necessary to
                    protect the religious freedom of any individual, or to
                    ensure access to employment opportunities of any
                    disabled individual.
                        ``(B) The employer shall use the procedures for
                    document verification set forth in this paragraph for
                    all employees without regard to race, sex, national
                    origin, or, unless specifically permitted in this
                    section, to citizenship status.
                ``(7) Receipts.--The Secretary must provide for the use of
            receipts for replacement documents, and temporary evidence of
            employment authorization by an individual to meet a
            documentation requirement of this subsection on a temporary
            basis not to exceed 1 year, pending satisfaction by the
            individual of such requirement.
        ``(d) The Employment Verification System.--
                ``(1) In general.--
                        ``(A) The Secretary, in consultation with the
                    Commissioner, shall implement and specify the
                    procedures for the System. The participating employers
                    shall timely register with the System and shall use the
                    System as described in subsection (d)(5).
                        ``(B) The Secretary shall create the necessary
                    processes to monitor the functioning of the System,
                    including the volume of the workflow, the speed of
                    processing of queries, the speed and accuracy of
                    responses, misuse of the System, fraud or identity
                    theft, whether use of the System results in wrongful
                    adverse actions or discrimination based upon a
                    prohibited factor against U.S. citizens or employment
                    authorized aliens, and the security, integrity and
                    privacy of the program.
                ``(2) Implementation schedule.--
                        ``(A) Federal government.--All employers within the
                    Executive, Legislative, or Judicial Branches of the
                    Federal Government shall participate in the System on
                    or after the date of enactment of this subsection as
                    follows--
                                ``(i) as of the date of enactment, to the
                            extent required by section 402(e)(1) of the
                            Illegal Immigration Reform and Immigrant
                            Responsibility Act of 1996 as already
                            implemented by each Branch; or
                                ``(ii) on or after the date that is 60 days
                            after the date of enactment of this subsection;
                    whichever is earlier, with respect to all newly hired
                    employees and employees with expiring employment
                    authorization.
                        ``(B) Federal contractors.--Federal contractors
                    shall participate in the System as provided in the
                    final rule published at 73 Federal Register 67,651
                    (Nov. 14, 2008), or any subsequent amendments to such
                    rule, for which purpose references to E-Verify in the
                    final rule shall be construed to apply to the System.
                        ``(C) Critical infrastructure.--As of the date that
                    is 1 year after the date of enactment of this
                    subsection, the Secretary, in the Secretary's
                    discretion, with notice to the public provided in the
                    Federal Register, may require any employer or industry
                    which the Secretary determines to be part of the
                    critical infrastructure or directly related to the
                    national security or homeland security of the United
                    States to participate in the System with respect to all
                    newly hired employees and employees with expiring
                    employment authorization. The Secretary shall notify
                    employers subject to this subparagraph no less than 60
                    days prior to such required participation.
                        ``(D) Employers with more than 1,000 employees.--
                    Not later than 2 years after the date of enactment of
                    this subsection, all employers with more than 1,000
                    employees shall participate in the System with respect
                    to all newly hired employees and employees with
                    expiring employment authorization.
                        ``(E) Employers with more than 500 employees.--Not
                    later than 3 years after the date of enactment of this
                    subsection, all employers with more than 500 employees
                    shall participate in the System with respect to all
                    newly hired employees and employees with expiring
                    employment authorization.
                        ``(F) Employers with more than 100 employees.--Not
                    later than 4 years after the date of enactment of this
                    subsection, all employers with more than 100 employees
                    shall participate in the System with respect to all
                    newly hired employees and employees with expiring
                    employment authorization.
                        ``(G) All employers.--Not later than 5 years after
                    the date of enactment of this subsection, all employers
                    shall participate in the System with respect to all
                    newly hired employees and employees with expiring
                    employment authorization.
                        ``(H) Immigration law violators.--An order finding
                    any employer to have violated section 274A, 274B, or
                    274C shall require the employer to participate in the
                    System with respect to newly hired employees and
                    employees with expiring employment authorization, if
                    such employer is not otherwise required to participate
                    in the System by this section. The Secretary shall
                    monitor such employer's compliance with System
                    procedures.
                ``(3) Participation in the system.--The Secretary may--
                        ``(A) permit any employer that is not required
                    under this section to participate in the System to do
                    so on a voluntary basis; and
                        ``(B) require any employer that is required to
                    participate in the System with respect to its newly
                    hired employees also to do so with respect to its
                    current workforce if the employer is determined by the
                    Secretary or other appropriate authority to have
                    engaged in any violation of the immigration laws.
                ``(4) Consequence of failure to participate.--If an
            employer is required under this subsection to participate in
            the System and fails to comply with the requirements of such
            program with respect to an individual--
                        ``(A) such failure shall be treated as a violation
                    of subsection (a)(1)(B) of this section with respect to
                    that individual, and
                        ``(B) a rebuttable presumption is created that the
                    employer has violated subsection (a)(1)(A) or (a)(2) of
                    this section, except in the case of any criminal
                    prosecution.
                ``(5) Procedures for participants in the system.--
                        ``(A) In general.--An employer participating in the
                    System must register such participation with the
                    Secretary and conform to the following procedures in
                    the event of hiring any individual for employment in
                    the United States--
                                ``(i) Registration of employers.--The
                            Secretary, through notice in the Federal
                            Register, shall prescribe procedures that
                            employers must follow to register with the
                            System. In prescribing these procedures, the
                            Secretary shall have authority to require
                            employers to provide--
                                        ``(I) employer's name;
                                        ``(II) employer's Employment
                                    Identification Number (EIN) and such
                                    other employer identification
                                    information as the Secretary may
                                    designate;
                                        ``(III) company address;
                                        ``(IV) name, date of birth, and
                                    position of the employer's employees
                                    accessing the System;
                                        ``(V) the information described in
                                    subclauses (I) through (IV) of this
                                    clause with respect to any agent,
                                    contractor, or other service provider
                                    accessing the System on the employer's
                                    behalf; and
                                        ``(VI) such other information as
                                    the Secretary deems necessary to ensure
                                    proper use and security of the System.
                                ``(ii) Updating information.--The employer
                            is responsible for providing notice of any
                            change to the information required under
                            subclauses (I) through (V) of clause (i) before
                            conducting any further inquiries within the
                            System, or on such other schedule as the
                            Secretary may provide.
                                ``(iii) Training.--The Secretary shall
                            require employers to undergo such training to
                            ensure proper use, protection of civil rights
                            and civil liberties, privacy, integrity and
                            security of the System. To the extent
                            practicable, such training shall be made
                            available electronically.
                                ``(iv) Notification to employees.--The
                            employer shall post notice or otherwise inform
                            individuals hired for employment of the use of
                            the System, that the System may be used for
                            immigration enforcement purposes, and that the
                            System cannot be used to discriminate or to
                            take adverse action against U.S. citizens or
                            employment authorized aliens.
                                ``(v) Provision of additional
                            information.--The employer shall obtain from
                            the individual (and the individual shall
                            provide) and shall record in such manner as the
                            Secretary may specify--
                                        ``(I) the individual's social
                                    security account number, or any other
                                    information relevant to determining
                                    citizenship as the Secretary of
                                    Homeland Security may specify,
                                        ``(II) if the individual does not
                                    attest to United States nationality
                                    under subsection (c)(2) of this
                                    section, such identification or
                                    authorization number established by the
                                    Department of Homeland Security as the
                                    Secretary of Homeland Security shall
                                    specify, and
                                        ``(III) such other information as
                                    the Secretary may require to determine
                                    the identity and employment
                                    authorization of an employee.
                                ``(vi) Presentation of documentation.--The
                            employer, and the individual whose identity and
                            employment eligibility are being confirmed,
                            shall fulfill the requirements of subsection
                            (c) of this section.
                        ``(B) Seeking confirmation.--
                                ``(i) The employer shall use the System to
                            provide to the Secretary all required
                            information in order to initiate confirmation
                            of the identity and employment eligibility of
                            any individual no earlier than the date upon
                            which the individual has accepted an offer of
                            employment, and no later than 3 business days,
                            or such other reasonable period as the
                            Secretary may provide, after the date when
                            employment begins. An employer may not,
                            however, make the starting date of an
                            individual's employment or training or any
                            other term and condition of employment
                            dependent on the receipt of a confirmation of
                            identity and employment eligibility.
                                ``(ii) For reverification of an individual
                            with a limited period of employment
                            authorization, all required System procedures
                            must be initiated no later than 3 business days
                            after the date the individual's employment
                            authorization expires.
                                ``(iii) For those employers required by the
                            Secretary to verify their entire workforce, the
                            System can be used for initial verification of
                            an individual hired before the employer is
                            subject to the System, and the employer must
                            initiate all required procedures on or before
                            such date as the Secretary shall specify.
                                ``(iv) The Secretary shall provide, and the
                            employer shall utilize, as part of the System,
                            a method of notifying employers of a
                            confirmation or nonconfirmation of an
                            individual's identity and employment
                            eligibility, or a notice that further action is
                            required to verify such identity or employment
                            eligibility (`further action notice'). The
                            Secretary and the Commissioner shall establish
                            procedures to directly notify the individual,
                            as well as the employer, of a confirmation,
                            nonconfirmation, or further action notice, and
                            provide information about filing an
                            administrative appeal pursuant to paragraph
                            (7). The Secretary and the Commissioner may
                            provide for a phased-in implementation of the
                            notification requirements of this clause as
                            appropriate, but the notification system shall
                            cover all inquiries not later than 5 years
                            after the date of the enactment of the CIR Act
                            of 2010.
                        ``(C) Confirmation or nonconfirmation.--
                                ``(i) Initial response.--The System shall
                            provide a confirmation of an individual's
                            identity and employment eligibility or a
                            further action notice at the time of the
                            inquiry, unless for technological reasons or
                            due to unforeseen circumstances, the System is
                            unable to provide such confirmation or further
                            action notice. In such situations, the System
                            shall provide a confirmation or further action
                            notice within 3 business days of the initial
                            inquiry. If providing a confirmation or further
                            action notice, the System shall provide an
                            appropriate code indicating such confirmation
                            or such further action notice.
                                ``(ii) Confirmation upon initial inquiry.--
                            When the employer receives an appropriate
                            confirmation of an individual's identity and
                            employment eligibility under the System, the
                            employer shall record the confirmation in such
                            manner as the Secretary may specify.
                                ``(iii) Further action notice and later
                            confirmation or nonconfirmation.--
                                        ``(I) Notification and
                                    acknowledgment that further action is
                                    required.--Within 3 business days of an
                                    employer's receipt of a further action
                                    notice of an individual's identity or
                                    employment eligibility under the
                                    System, the employer shall notify the
                                    individual for whom the confirmation is
                                    sought of the further action notice and
                                    any procedures specified by the
                                    Secretary for addressing such notice.
                                    The further action notice must be given
                                    to the individual in writing. The
                                    individual must affirmatively
                                    acknowledge in writing, or in such
                                    other manner as the Secretary may
                                    specify, the receipt of the further
                                    action notice from the employer. If the
                                    individual refuses to acknowledge the
                                    receipt of the further action notice,
                                    or acknowledges in writing that he or
                                    she will not contest the further action
                                    notice under subclause (II), the
                                    employer shall notify the Secretary in
                                    such manner as the Secretary may
                                    specify.
                                        ``(II) Contest.--Within 10 business
                                    days of receiving notification of a
                                    further action notice under subclause
                                    (I), the individual must contact the
                                    appropriate Federal agency and, if the
                                    Secretary so requires, appear in person
                                    for purposes of verifying the
                                    individual's identity and employment
                                    eligibility. The employer shall provide
                                    the individual with time as needed
                                    during daytime hours to contest the
                                    further action notice. The Secretary,
                                    in consultation with the Commissioner
                                    and other appropriate Federal agencies,
                                    shall specify an available secondary
                                    verification procedure to confirm the
                                    validity of information provided and to
                                    provide a confirmation or
                                    nonconfirmation.
                                        ``(III) No contest.--If the
                                    individual refuses to acknowledge
                                    receipt of the further action notice,
                                    acknowledges that he or she will not
                                    contest the further action notice as
                                    provided in subclause (I), or does not
                                    contact the appropriate Federal agency
                                    within the period specified in
                                    subclause (II), a nonconfirmation shall
                                    issue. The employer shall record the
                                    nonconfirmation in such manner as the
                                    Secretary may specify and terminate the
                                    individual's employment. An
                                    individual's failure to contest a
                                    further action notice shall not be
                                    considered an admission of guilt with
                                    respect to any violation of this
                                    section or any provision of law.
                                        ``(IV) Confirmation or
                                    nonconfirmation.--Unless the period is
                                    extended in accordance with this
                                    subclause, the System shall provide a
                                    confirmation or nonconfirmation within
                                    15 business days from the date that the
                                    individual contests the further action
                                    notice under subclause (II). If the
                                    Secretary determines that good cause
                                    exists, including to permit the
                                    individual to obtain and provide needed
                                    evidence of identity or employment
                                    eligibility, the Secretary shall extend
                                    the period for providing confirmation
                                    or nonconfirmation for stated periods
                                    beyond 15 business days. When
                                    confirmation or nonconfirmation is
                                    provided, the confirmation system shall
                                    provide an appropriate code indicating
                                    such confirmation or nonconfirmation.
                                        ``(V) Re-examination.--Nothing in
                                    this section shall prevent the
                                    Secretary from establishing procedures
                                    to reexamine a case where a
                                    confirmation or nonconfirmation has
                                    been provided if subsequently received
                                    information indicates that the
                                    confirmation or nonconfirmation may not
                                    have been correct.
                                        ``(VI) Employee protections.--In no
                                    case shall an employer terminate
                                    employment or take any other adverse
                                    action against an individual solely
                                    because of a failure of the individual
                                    to have identity and employment
                                    eligibility confirmed under this
                                    subsection until a nonconfirmation has
                                    been issued, and if the further action
                                    notice was contested, the period to
                                    timely file an administrative appeal
                                    has expired without an appeal, or in
                                    the case where an administrative appeal
                                    has been filed, the appeal has been
                                    denied or a stay of the nonconfirmation
                                    has been terminated.
                                ``(iv) Notice of nonconfirmation.--Within 3
                            business days of an employer's receipt of a
                            nonconfirmation, the employer shall notify the
                            individual who is the subject of the
                            nonconfirmation, and provide information about
                            filing an administrative appeal pursuant to
                            paragraph (7). The nonconfirmation notice must
                            be given to the individual in writing. The
                            individual must affirmatively acknowledge in
                            writing, or in such other manner as the
                            Secretary may specify, the receipt of the
                            nonconfirmation notice from the employer. If
                            the individual refuses or fails to acknowledge
                            the receipt of the nonconfirmation notice, the
                            employer shall notify the Secretary in such
                            manner as the Secretary may specify.
                        ``(D) Consequences of nonconfirmation.--
                                ``(i) Termination of continued
                            employment.--Except as provided in clause
                            (iii), if the employer has received a
                            nonconfirmation regarding an individual and has
                            notified the individual as required by
                            subparagraph (C)(iv), the employer shall
                            terminate employment of the individual upon the
                            expiration of the time period as specified in
                            paragraph(7)(A) for filing an administrative
                            appeal, or immediately if the further action
                            notice was not contested.
                                ``(ii) Continued employment after
                            nonconfirmation.--If the employer, in violation
                            of subclause (i), continues to employ an
                            individual after receiving nonconfirmation, a
                            rebuttable presumption is created that the
                            employer has violated subsections (a)(1)(A) and
                            (a)(2) of this section. The previous sentence
                            shall not apply in any prosecution under
                            subsection (l)(1) of this section.
                                ``(iii) Effect of administrative appeal.--
                            If an individual files an administrative appeal
                            of the nonconfirmation within the time period
                            specified in paragraph (7)(A), and provides a
                            copy of such appeal to the employer, the
                            employer shall not terminate the individual's
                            employment under this subparagraph prior to the
                            resolution of the administrative appeal unless
                            the Secretary or Commissioner terminates the
                            stay under paragraph (7)(B).
                        ``(E) Obligation to respond to queries and
                    additional information.--
                                ``(i) Employers are required to comply with
                            requests for information from the Secretary,
                            including queries concerning current and former
                            employees (within the time frame during which
                            records are required to be maintained under
                            this section regarding such former employees)
                            that relate to the functioning of the System,
                            the accuracy of the responses provided by the
                            System, and any suspected misuse,
                            discrimination, fraud, or identity theft in the
                            use of the System. Failure to comply with such
                            a request is a violation of section (a)(1)(B).
                                ``(ii) Individuals being verified through
                            the System may be required to take further
                            action to address irregularities identified by
                            the Secretary or the Commissioner in the
                            documents relied upon for purposes of
                            subsection (c). The employer shall communicate
                            to the individual within 3 business days any
                            such requirement for further actions and shall
                            record the date and manner of such
                            communication. The individual must acknowledge
                            in writing, or in such other manner as the
                            Secretary may specify, the receipt of this
                            communication from the employer. Failure to
                            communicate such a requirement is a violation
                            of section (a)(1)(B).
                                ``(iii) The Secretary is authorized, with
                            notice to the public provided in the Federal
                            Register, to implement, clarify, and supplement
                            the requirements of this paragraph in order to
                            facilitate the functioning, accuracy, and
                            fairness of the System or to prevent misuse,
                            discrimination, fraud, or identity theft in the
                            use of the System.
                        ``(F) The Secretary may establish a process to
                    certify, on an annual basis or such other time frame as
                    the Secretary may provide, designated agents and other
                    System service providers seeking access to the System
                    to perform verification queries on behalf of employers,
                    based upon training, usage, and security standards
                    designated by the Secretary.
                        ``(G) No later than 3 months after the date of
                    enactment of this section, the Secretary of Homeland
                    Security, in consultation with the Secretary of Labor,
                    the Secretary of Agriculture, the Commissioner of
                    Social Security, the Attorney General, the Equal
                    Employment Opportunity Commission, Office of Special
                    Counsel for Unfair Immigration Related Employment
                    Practices, and the Administrator of the Small Business
                    Administration, shall commence a campaign to
                    disseminate information respecting the procedures,
                    rights, and remedies prescribed under this section.
                    Such campaign shall be aimed at increasing the
                    knowledge of employers, employees, and the general
                    public concerning employer and employee rights,
                    responsibilities, and remedies under this section. The
                    Secretary shall assess the success of the campaign in
                    achieving its goals.
                                ``(i) In order to carry out and assess the
                            campaign under this paragraph, the Secretary of
                            Homeland Security may, to the extent deemed
                            appropriate and subject to the availability of
                            appropriations, contract with public and
                            private organizations for outreach and
                            assessment activities under the campaign.
                                ``(ii) There are authorized to be
                            appropriated to carry out this paragraph
                            $40,000,000 for each fiscal year 2011 through
                            2013.
                        ``(H) Based on a regular review of the System and
                    the document verification procedures to identify misuse
                    or fraudulent use and to assess the security of the
                    documents and processes being used to establish
                    identity or employment authorization, the Secretary, in
                    consultation with the Commissioner, may modify the
                    documents or information that must be presented to the
                    employer, the information that must be provided to the
                    System by the employer, and the procedures that must be
                    followed by employers with respect to any aspect of the
                    System if the Secretary, in the Secretary's discretion,
                    concludes that the modification is necessary to ensure
                    that the System accurately and reliably determines the
                    identity and employment authorization of employees
                    while providing protection against misuse,
                    discrimination, fraud, and identity theft.
                        ``(I) Subject to appropriate safeguards to prevent
                    misuse of the system, the Secretary, in consultation
                    with the Commissioner, shall establish a secure self-
                    verification procedure to permit an individual who
                    seeks to verify the individual's own employment
                    eligibility prior to obtaining or changing employment
                    to contact the appropriate agency and, in a timely
                    manner, correct or update the information used by the
                    System.
                        ``(J) The Secretary may, upon notice provided in
                    the Federal Register, adjust the time periods described
                    in this paragraph.
                ``(6) Protection from liability for actions taken on the
            basis of information provided by the system.--No employer
            participating in the System who complies with all System
            procedures as required in this Act shall be liable under this
            Act for any employment-related action taken with respect to the
            employee in good faith reliance on information provided through
            the confirmation system.
                ``(7) Administrative review.--
                        ``(A) In general.--An individual who is notified
                    pursuant to paragraph (5)(C)(iv) of a nonconfirmation
                    by the employer may, not later than 15 business days
                    after the date that such notice is received, file an
                    administrative appeal of such nonconfirmation. An
                    individual subject to a nonconfirmation may file an
                    appeal thereof after the 15-day period if the appeal is
                    accompanied by evidence that the individual did not
                    receive timely notice of a nonconfirmation, or that
                    there was good cause for the failure to file an appeal
                    within the 15-day period. All administrative appeals
                    shall be filed as follows:
                                ``(i) Citizens or nationals of the united
                            states.--An individual claiming to be a citizen
                            or national of the United States shall file the
                            administrative appeal with the Commissioner.
                                ``(ii) Aliens.--An individual claiming to
                            be an alien authorized to work in the United
                            States shall file the administrative appeal
                            with the Secretary.
                        ``(B) Administrative stay of nonconfirmation.--The
                    nonconfirmation shall be automatically stayed upon the
                    timely filing of an administrative appeal, and the stay
                    shall remain in effect until the resolution of the
                    appeal, unless the Secretary or the Commissioner
                    terminates the stay based on a determination that the
                    administrative appeal is frivolous or filed for
                    purposes of delay.
                        ``(C) Review for error.--The Secretary and the
                    Commissioner shall develop procedures for resolving
                    administrative appeals regarding nonconfirmations based
                    upon the information that the individual has provided,
                    including any additional evidence or argument that was
                    not previously considered. Any such additional evidence
                    or argument shall be filed within 15 days of the date
                    the appeal was originally filed. Appeals shall be
                    resolved within 30 days after the individual has
                    submitted all evidence and arguments he or she wishes
                    to submit, or has stated in writing that there is no
                    additional evidence that he or she wishes to submit.
                    The Secretary and the Commissioner may, on a case by
                    case basis for good cause, extend the filing and
                    submission period in order to ensure accurate
                    resolution of an appeal before him or her.
                    Administrative review under this paragraph shall be
                    limited to whether the nonconfirmation notice is
                    supported by the weight of the evidence.
                        ``(D) Compensation for error.--If the individual
                    was denied a stay under subparagraph (B) and the
                    Secretary makes a determination that the
                    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 in an amount not exceeding $75,000 and
                    reasonable costs and attorneys' fees incurred during
                    administrative and judicial review which shall not
                    exceed $50,000. Amounts under this clause may be
                    adjusted to account for inflation pursuant to the US
                    Consumer Price Index - All Urban Consumers (CPI-U)
                    compiled by the Bureau of Labor Statistics.
                                ``(i) 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.
                                ``(ii) 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.
                                ``(iii) 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.
                ``(8) Judicial review.--
                        ``(A) In general.--After the Secretary or the
                    Commissioner makes a final determination on an appeal
                    filed by an individual under paragraph (7), the
                    individual may obtain judicial review of such
                    determination in a civil action commenced not later
                    than 90 days after notice of such decision.
                        ``(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, if the plaintiff does not
                    reside within any such judicial district, in the
                    District Court of the United States for the District of
                    Columbia.
                        ``(C) Service.--The defendant is either the
                    Secretary or the Commissioner, but not both, depending
                    upon who issued the administrative order under
                    paragraph (7). In addition to serving the defendant,
                    the plaintiff must also serve the Attorney General.
                        ``(D) Answer.--As part of the Secretary's or the
                    Commissioner's answer to a complaint for such judicial
                    review, the Secretary or the Commissioner shall file a
                    certified copy of the administrative record compiled
                    during the administrative review under paragraph (7),
                    including the evidence upon which the findings and
                    decision complained of are based. The court shall have
                    power to enter, upon the pleadings and the
                    administrative record, a judgment affirming or
                    reversing the result of that administrative review,
                    with or without remanding the cause for a rehearing.
                        ``(E) Standard of review.--
                                ``(i) The burden shall be on the plaintiff
                            to show that the administrative order was
                            erroneous. Administrative findings of fact are
                            conclusive unless any reasonable adjudicator
                            would be compelled to conclude to the contrary.
                            The court, upon good cause shown, may in its
                            discretion remand to the Secretary or the
                            Commissioner for additional fact-finding or
                            other proceedings.
                                ``(ii) If the plaintiff meets his or her
                            burden to show that the administrative order
                            was erroneous, the court shall, upon request of
                            the plaintiff, determine whether the plaintiff
                            can establish by the preponderance of the
                            evidence that the error was caused by the
                            decision rules, processes, or procedures
                            utilized by the System or erroneous system
                            information that was not the result of acts or
                            omissions of the individual.
                        ``(F) Compensation for error.--
                                ``(i) In general.--In cases in which the
                            judicial review reverses the final
                            determination of the Secretary or the
                            Commissioner made under paragraph (7), and the
                            court finds that the final determination was
                            erroneous by reason of the decision rules,
                            processes, or procedures utilized by the System
                            or erroneous system information that was not
                            the result of acts or omissions of the
                            individual, the court may award to the
                            individual lost wages not exceeding $75,000,
                            reasonable costs and attorneys' fees incurred
                            during administrative and judicial review which
                            shall not exceed $50,000, and compensatory
                            damages in an amount deemed necessary by the
                            court. Amounts under this clause may be
                            adjusted to account for inflation pursuant to
                            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 judicial
                            review process. No lost wages shall be awarded
                            for any period of time during which the
                            individual was not authorized to be employed in
                            the United States.
                                ``(iii) Payment of compensation.--
                            Notwithstanding any other law, payment of
                            compensation for lost wages, costs and
                            attorneys' fees under this paragraph, or
                            compromise settlements of the same, shall be
                            made as provided by section 1304 of title 31,
                            United States Code. Appropriations made
                            available to the Secretary or the Commissioner,
                            accounts provided for under section 286 of the
                            Immigration and Nationality Act (8 U.S.C.
                            1356), and funds from the Federal Old-Age and
                            Survivors Insurance Trust Fund or the Federal
                            Disability Insurance Trust Fund shall not be
                            available to pay such compensation.
                                ``(iv) Exclusive remedy.--Awards of
                            compensation for lost wages, costs, and
                            attorneys' fees under this paragraph shall be
                            the exclusive remedy for a finding under clause
                            (i) that a final determination of the Secretary
                            or the Commissioner made under paragraph (7)
                            was erroneous by reason of the negligence or
                            recklessness of the Secretary or the
                            Commissioner.
                ``(9) Private right of action.--If the nonconfirmation
            issued for an individual was caused by negligence or other
            misconduct 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 or the Commissioner's decision on an
            administrative appeal as described in paragraph (7), or 90 days
            after termination of the individual as a result of the final
            nonconfirmation if no such administrative appeal is taken. The
            action shall be brought in the district court of the United
            States for the judicial district in which the plaintiff resides
            or, if the plaintiff does not reside within any such judicial
            district, in the District Court of the United States for the
            District of Columbia. In such action, no prior administrative
            or judicial finding relating to the employer in any proceeding
            to which the employer was not a party may be given any res
            judicata or collateral estoppel effect against the employer.
                ``(10) Limit on injunctive relief.--Regardless of the
            nature of the action or claim or of the identity of the party
            or parties bringing the action, no court (other than the
            Supreme Court) shall have jurisdiction or authority to enjoin
            or restrain the operation of the provisions in this section,
            other than with respect to the application of such provisions
            to an individual plaintiff.
                ``(11) 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
                                    nonconfirmation notices.--
                                                ``(aa) That, during a year,
                                            the number of incorrect
                                            nonconfirmations provided
                                            through the System for
                                            individuals who are native-born
                                            U.S. citizens is not more than
                                            1 percent.
                                                ``(bb) That, during a year,
                                            the number of incorrect
                                            nonconfirmations provided
                                            through the System for
                                            individuals who are foreign-
                                            born, work-authorized
                                            individuals is not more than 3
                                            percent.
                                        ``(II) Stability or improvement in
                                    error rates.--That, during a year, the
                                    rate of incorrect nonconfirmations
                                    shall not have increased by more than 3
                                    percent over the previous year.
                                ``(iii) Measurable employer compliance with
                            system requirements.--
                                        ``(I) No discrimination based on
                                    system operations.--The System has not
                                    and will not result in increased
                                    discrimination or cause reasonable
                                    employers to conclude that individuals
                                    of certain races or ethnicities are
                                    more likely to have difficulties when
                                    offered employment caused by the
                                    operation of the System.
                                        ``(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.
                                ``(iv) 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.
                                ``(v) 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 the 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 and shall include the following:
                                ``(i) An assessment of the accuracy of the
                            databases utilized by the System and of the
                            timeliness and accuracy of the responses
                            provided through the System to employers.
                                ``(ii) An assessment of the privacy and
                            confidentiality of the System and of the
                            overall security of the System with respect to
                            cybertheft and theft or misuse of private data.
                                ``(iii) An assessment of whether the System
                            is being implemented in a nondiscriminatory and
                            nonretaliatory manner.
                                ``(iv) An assessment of the most common
                            causes for the erroneous issuance of
                            nonconfirmations by the System and
                            recommendations to correct such causes.
                                ``(v) The recommendations of the
                            Comptroller General regarding whether or not
                            the System should be modified prior to further
                            expansion.
                        ``(E) Certification.--If the Comptroller General
                    determines that the System meets the requirements set
                    out in clauses (i) through (v) 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).
                ``(12) Annual audit and report.--
                        ``(A) Purpose of the audit and report.--The Office
                    for Civil Rights and Civil Liberties shall conduct
                    annual audits of E-Verify described in section 403(a)
                    of the Illegal Immigration Reform and Responsibility
                    Act of 1996, Public Law No. 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 of the system to
                            prescreen job applicants, if employers are
                            giving proper notification to employees'
                            regarding nonconfirmations, and if employers
                            are taking adverse actions against workers
                            based upon nonconfirmations.
                                ``(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; and
                                ``(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 E-Verify 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 this subsection.
                        ``(E) Requirement for reports.--Not later than 18
                    months after the date of enactment of the 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.
                ``(13) Management of the system.--
                        ``(A) In general.--The Secretary is authorized to
                    establish, manage, and modify the System, which shall--
                                ``(i) respond to inquiries made by
                            participating employers at any time through the
                            internet, or such other means as the Secretary
                            may designate, concerning an individual's
                            identity and whether the individual is
                            authorized to be employed;
                                ``(ii) maintain records of the inquiries
                            that were made, of confirmations provided (or
                            not provided), and of the codes provided to
                            employers as evidence of their compliance with
                            their obligations under the System; and
                                ``(iii) provide information to, and require
                            action by, employers and individuals using the
                            System.
                        ``(B) Design and operation of system.--The System
                    shall be designed and operated--
                                ``(i) to maximize its reliability and ease
                            of use by employers consistent with protecting
                            the privacy and security of the underlying
                            information, and ensuring full notice of such
                            use to employees;
                                ``(ii) to maximize its ease of use by
                            employees, including notification of its use,
                            of results, and ability to challenge results;
                                ``(iii) to respond accurately to all
                            inquiries made by employers on whether
                            individuals are authorized to be employed and
                            to register any times when the system is unable
                            to receive inquiries;
                                ``(iv) to maintain appropriate
                            administrative, technical, and physical
                            safeguards to prevent unauthorized disclosure
                            of personal information, misuse by employers
                            and employees, and discrimination;
                                ``(v) to allow for auditing of the use of
                            the System to detect misuse, discrimination,
                            fraud, and identity theft, and to preserve the
                            integrity and security of the information in
                            all of the System, including but not limited to
                            the following--
                                        ``(I) to develop and use tools and
                                    processes to detect or prevent fraud
                                    and identity theft, such as multiple
                                    uses of the same identifying
                                    information or documents to
                                    fraudulently gain employment;
                                        ``(II) to develop and use tools and
                                    processes to detect and prevent misuse
                                    of the system by employers and
                                    employees;
                                        ``(III) to develop tools and
                                    processes to detect anomalies in the
                                    use of the system that may indicate
                                    potential fraud or misuse of the
                                    system;
                                        ``(IV) to audit documents and
                                    information submitted by employees to
                                    employers, including authority to
                                    conduct interviews with employers and
                                    employees, and obtain information
                                    concerning employment from the
                                    employer;
                                ``(vi) to confirm identity and employment
                            authorization through verification and
                            comparison of records maintained by the
                            Secretary, other Federal departments, states,
                            or outlying possessions of the United States,
                            or other available information, as determined
                            necessary by the Secretary, including--
                                        ``(I) records maintained by the
                                    Social Security Administration;
                                        ``(II) birth and death records
                                    maintained by vital statistics agencies
                                    of any state or other United States
                                    jurisdiction;
                                        ``(III) passport and visa records
                                    (including photographs) maintained by
                                    the Department of State; and
                                        ``(IV) state driver's license or
                                    identity card information (including
                                    photographs) maintained by State
                                    departments of motor vehicles;
                                ``(vii) to confirm electronically the
                            issuance of the employment authorization or
                            identity document and to display the digital
                            photograph that the issuer placed on the
                            document so that the employer can compare the
                            photograph displayed to the photograph on the
                            document presented by the employee. If a
                            photograph is not available from the issuer,
                            the Secretary shall specify alternative
                            procedures for confirming the authenticity of
                            the document; and
                                ``(viii) to include, notwithstanding
                            section 6103 of title 26, U.S. Code, procedures
                            for verification by the Secretary of the
                            Treasury of the validity of any employer
                            identification number and related information
                            provided by an employer to the Secretary for
                            the purpose of participating in the System.
                        ``(C) Access to information.--
                                ``(i) Notwithstanding any other provision
                            of law, the Secretary of Homeland Security
                            shall have access to relevant records described
                            in subparagraphs (B)(vi) and (viii), for the
                            purposes of preventing identity theft, fraud
                            and misuse in the use of the System and
                            administering and enforcing the provisions of
                            this section governing employment verification.
                            Any governmental agency or entity possessing
                            such relevant records shall provide such
                            assistance and cooperation in resolving further
                            action notices and nonconfirmations relating to
                            such records, or otherwise to improve the
                            accuracy of the System, as the Secretary may
                            request. A state or other non-Federal
                            jurisdiction that does not provide such access,
                            assistance, and cooperation shall not be
                            eligible for any grant or other program of
                            financial assistance administered by the
                            Secretary or by the Commissioner.
                                ``(ii) The Secretary, in consultation with
                            the Commissioner and other appropriate Federal
                            and State agencies, shall develop policies and
                            procedures to ensure protection of the privacy
                            and security of personally identifiable
                            information and identifiers contained in the
                            records accessed or maintained by the System.
                            The Secretary, in consultation with the
                            Commissioner and other appropriate Federal and
                            State agencies, shall develop and deploy
                            appropriate privacy and security training for
                            the Federal and State employees accessing the
                            records under the System.
                                ``(iii) The Secretary, acting through the
                            Chief Privacy Officer of the Department of
                            Homeland Security, shall conduct regular
                            privacy audits of the policies and procedures
                            established under clause (ii), including any
                            collection, use, dissemination, and maintenance
                            of personally identifiable information and any
                            associated information technology systems, as
                            well as scope of requests for this information.
                            The Chief Privacy Officer shall review the
                            results of the audits and recommend to the
                            Secretary any changes necessary to improve the
                            privacy protections of the program.
                        ``(D) Responsibilities of the secretary of homeland
                    security.--
                                ``(i) As part of the System, the Secretary
                            shall maintain a reliable, secure method,
                            which, operating through the System and within
                            the time periods specified, compares the name,
                            alien identification or authorization number,
                            or other information as determined relevant by
                            the Secretary, provided in an inquiry against
                            such information maintained or accessed by the
                            Secretary in order to confirm (or not confirm)
                            the validity of the information provided, the
                            correspondence of the name and number, whether
                            the alien is authorized to be employed in the
                            United States (or, to the extent that the
                            Secretary determines to be feasible and
                            appropriate, whether the records available to
                            the Secretary verify the identity or status of
                            a national of the United States), and such
                            other information as the Secretary may
                            prescribe.
                                ``(ii) As part of the System, the Secretary
                            shall establish a reliable, secure method,
                            which, operating through the System, displays
                            the digital photograph described in
                            subparagraph (B)(vii).
                                ``(iii) The Secretary shall have authority
                            to prescribe when a confirmation,
                            nonconfirmation, or further action notice shall
                            be issued.
                                ``(iv) The Secretary shall perform regular
                            audits under the System, as described in
                            subparagraph (B)(v) and shall utilize the
                            information obtained from such audits, as well
                            as any information obtained from the
                            Commissioner pursuant to section 304 of the CIR
                            ACT OF 2010, for the purposes of this section,
                            to administer and enforce the immigration laws,
                            and to ensure employee rights are protected
                            under the System.
                                ``(v) The Secretary may make appropriate
                            arrangements to allow employers or employees
                            who are otherwise unable to access the System
                            to use Federal Government facilities or public
                            facilities or other available locations in
                            order to utilize the program.
                                ``(vi) The Secretary shall, in consultation
                            with the Commissioner, establish a program
                            which shall provide a reliable, secure method
                            by which victims of identity fraud and other
                            individuals may suspend or limit the use of
                            their Social Security account number or other
                            identifying information for System purposes.
                            The Secretary may implement the program on a
                            limited pilot program basis before making it
                            fully available to all individuals.
                                ``(vii) The Secretary, in consultation with
                            the Commissioner of Social Security, shall
                            establish procedures for an Enhanced
                            Verification System under paragraph (X).
                                ``(viii) The Secretary and the Commissioner
                            shall establish a program in which Social
                            Security account numbers that have been
                            identified to be subject to unusual multiple
                            use in the System, or that are otherwise
                            suspected or determined to have been
                            compromised by identity fraud or other misuse,
                            shall be blocked from use for System purposes
                            unless the individual using such number is able
                            to establish, through secure and fair
                            additional security procedures, that he or she
                            is the legitimate holder of the number.
                                ``(ix) The Secretary shall establish a
                            monitoring and compliance unit to detect and
                            reduce identity fraud and other misuse of the
                            program.
                                ``(x) The Secretary, acting through the
                            Officer for Civil Rights and Civil Liberties of
                            the Department of Homeland Security, shall
                            conduct regular civil rights and civil
                            liberties assessments of the System, including
                            participation by employers, other private
                            entities, other Federal agencies, and state and
                            local government. The Officer shall review the
                            results of the assessment and recommend to the
                            Secretary any changes necessary to improve the
                            civil rights and civil liberties protections of
                            the program.
                        ``(E) Responsibilities of the secretary of state.--
                    As part of the System, the Secretary of State shall
                    provide to the Secretary access to passport and visa
                    information as needed to confirm that a passport or
                    passport card presented under subsection (c)(1)(B)
                    confirms the identity of the subject of the System
                    check, or that a passport, passport card or visa
                    photograph matches the Secretary of State's records,
                    and shall provide such assistance as the Secretary may
                    request in order to resolve further action notices or
                    nonconfirmations relating to such information.
                        ``(F) Updating information.--The Commissioner and
                    the Secretaries of Homeland Security and State shall
                    update their information in a manner that promotes
                    maximum accuracy and shall provide a process for the
                    prompt correction of erroneous information.
                ``(14) 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 Government to utilize any
            information, database, or other records assembled under this
            subsection for any purpose other than for verification as
            provided by this subsection the enforcement and administration
            of the immigration laws, or the enforcement of Federal laws for
            violations relating to use of the System.
                ``(15) Conforming amendment.--Sections 401 to 405 of the
            Illegal Immigration Reform and Immigrant Responsibility Act of
            1996 (division C of Public Law 104-208, as amended; 8 U.S.C.
            1234a note) are repealed, provided that nothing in this
            subsection shall be construed to limit the authority of the
            Secretary to allow or continue to allow the participation in
            the System of employers who have participated in the E-Verify
            program established by such sections.
                ``(16) Nondiscrimination.--The employer shall use the
            procedures for the System specified in this section for all
            employees without regard to race, sex, national origin, or,
            unless specifically permitted in this section, to citizenship
            status.
        ``(e) Compliance.--
                ``(1) Complaints and investigations.--The Secretary of
            Homeland Security shall establish procedures--
                        ``(A) for individuals and entities to file
                    complaints respecting potential violations of
                    subsections (a) or (f)(1);
                        ``(B) for the investigation of those complaints
                    which the Secretary deems appropriate to investigate;
                    and
                        ``(C) for such other investigations of violations
                    of subsections (a) or (f)(1) as the Secretary
                    determines to be appropriate.
                ``(2) Authority in investigations.--In conducting
            investigations and hearings under this subsection--
                        ``(A) immigration officers shall have reasonable
                    access to examine evidence of any employer being
                    investigated;
                        ``(B) immigration officers designated by the
                    Secretary, and administrative law judges and other
                    persons authorized to conduct hearings under this
                    section, 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. In case of refusal to fully comply with a
                    subpoena lawfully issued under this paragraph, the
                    Secretary may request that the Attorney General apply
                    in an appropriate district court of the United States
                    for an order requiring compliance with the subpoena,
                    and any failure to obey such order may be punished by
                    the court as contempt. Failure to cooperate with the
                    subpoena shall be subject to further penalties,
                    including but not limited to further fines and the
                    voiding of any mitigation of penalties or termination
                    of proceedings under paragraph (4)(D); and
                        ``(C) the Secretary, in cooperation with the
                    Commissioner and Attorney General, and in consultation
                    with other relevant agencies, shall establish a Joint
                    Employment Fraud Task Force consisting of, at a
                    minimum, the System's compliance personnel, immigration
                    law enforcement officers, Special Counsel for Unfair
                    Immigration-Related Employment Practices personnel,
                    Department of Homeland Security Office for Civil Rights
                    and Civil Liberties personnel, and Social Security
                    Administration fraud division personnel.
                ``(3) Compliance procedures.--
                        ``(A) Pre-penalty notice.--If the Secretary has
                    reasonable cause to believe that there has been a civil
                    violation of this section, the Secretary shall issue to
                    the employer concerned a written notice of the
                    Department's intention to issue a claim for a monetary
                    or other penalty. Such pre-penalty notice shall:
                                ``(i) describe the violation;
                                ``(ii) specify the laws and regulations
                            allegedly violated;
                                ``(iii) disclose the material facts which
                            establish the alleged violation;
                                ``(iv) describe the penalty sought to be
                            imposed; and
                                ``(v) inform such employer that he or she
                            shall have a reasonable opportunity to make
                            representations as to why a monetary or other
                            penalty should not be imposed.
                        ``(B) Employer's response.--Whenever any employer
                    receives written pre-penalty notice of a fine or other
                    penalty in accordance with subparagraph (A), the
                    employer may, within 30 days from receipt of such
                    notice, file with the Secretary its written response to
                    the notice. The response may include any relevant
                    evidence or proffer of evidence that the employer
                    wishes to present with respect to whether the employer
                    violated this section and whether, if so, the penalty
                    should be mitigated, and shall be filed and considered
                    in accordance with procedures to be established by the
                    Secretary.
                        ``(C) Penalty claim.--After considering the
                    employer's response under 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. If the
                    Secretary determines that there was a violation, the
                    Secretary shall issue the final determination with a
                    written penalty claim. The penalty claim shall specify
                    all charges in the information provided under clauses
                    (i) through (iii) of subparagraph (A) and any
                    mitigation of the penalty that the Secretary deems
                    appropriate under paragraph (4)(D).
                ``(4) Civil penalties.--All penalties in this section may
            be adjusted periodically to account for inflation as provided
            by law.
                        ``(A) Hiring or continuing to employ unauthorized
                    aliens.--Any employer that violates any provision of
                    subsection (a)(1)(A) or (a)(2) shall:
                                ``(i) pay a civil penalty of not less than
                            $2,000 and not more than $5,000 for each
                            unauthorized alien with respect to which each
                            violation of either subsection (a)(1)(A) or
                            (a)(2) occurred;
                                ``(ii) if the employer has previously been
                            fined under this paragraph, pay a civil penalty
                            of not less than $4,000 and not more than
                            $10,000 for each unauthorized alien with
                            respect to which a violation of either
                            subsection (a)(1)(A) or (a)(2) occurred; and
                                ``(iii) if the employer has previously been
                            fined more than once under this paragraph, pay
                            a civil penalty of not less than $8,000 and not
                            more than $25,000 for each unauthorized alien
                            with respect to which a violation of either
                            subsection (a)(1)(A) or (a)(2) occurred.
                        ``(B) Enhanced penalty.--If an employer is
                    determined to have committed within the 5 years
                    immediately preceding the date of any violation of
                    subsection (a)(1)(A) or (a)(2) a civil or criminal
                    violation of a Federal or State law relating to wage
                    and hour or other employment standards, workplace
                    safety, collective bargaining, civil rights, or
                    immigration, by a court or an administrative agency
                    with jurisdiction over such violation, for which a
                    monetary penalty of at least $500, a judicial
                    injunction, or other equitable relief, or any term of
                    imprisonment has been imposed, any civil money penalty
                    or criminal fine otherwise applicable under this
                    section shall be trebled. In any proceeding under this
                    section, the Secretary of Homeland Security,
                    administrative law judge, or court, as appropriate,
                    shall determine whether a court or administrative
                    agency has imposed such penalty for such previous
                    violation of other law, but the validity and
                    appropriateness of such prior action shall not be
                    subject to review.
                        ``(C) Recordkeeping or verification practices.--Any
                    employer that violates or fails to comply with any
                    requirement of subsection (a)(1)(B), shall pay a civil
                    penalty as follows:
                                ``(i) not less than $500 and not more than
                            $2,000 for each violation;
                                ``(ii) if an employer has previously been
                            fined under this paragraph, not less than
                            $1,000 and not more than $4,000 for each
                            violation; and
                                ``(iii) if an employer has previously been
                            fined more than once under this paragraph, not
                            less than $2,000 and not more than $8,000 for
                            each violation.
                        ``(D) Other penalties.--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 remedy provided by paragraph
                    (f)(2).
                        ``(E) Mitigation.--The Secretary is authorized,
                    upon such terms and conditions as the Secretary deems
                    reasonable and just and in accordance with such
                    procedures as the Secretary may establish, to reduce or
                    mitigate penalties imposed upon employers, based upon
                    factors including, but not limited to, the employer's
                    hiring volume, compliance history, good-faith
                    implementation of a compliance program, and voluntary
                    disclosure of violations of this subsection to the
                    Secretary. The Secretary shall not mitigate a penalty
                    below the minimum penalty provided by this section,
                    except that the Secretary may, in the case of an
                    employer subject to penalty for record-keeping or
                    verification violations only who has not previously
                    been penalized under this section, in the Secretary's
                    discretion, mitigate the penalty below the statutory
                    minimum or remit it entirely.
                ``(5) Order of internal review and certification of
            compliance.--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 it is in compliance with this section, or
            has instituted a program to come into compliance. Within 60
            days of receiving a notice from the Secretary requiring such a
            certification, the employer's chief executive officer or
            similar official with responsibility for, and authority to bind
            the company on, all hiring and immigration compliance notices
            shall certify under penalty of perjury that the employer is in
            conformance with the requirements of subsections (c)(1) through
            (c)(4), pertaining to document verification requirements, and
            with subsection (d), pertaining to the System (once that system
            is implemented with respect to that employer according to the
            requirements of subsection (d)(1)), and with any additional
            requirements that the Secretary may promulgate by regulation
            pursuant to subsections (c) or (d) or that the employer has
            instituted a program to come into compliance with these
            requirements. At the request of the employer, the Secretary may
            extend the 60-day deadline for good cause. The Secretary is
            authorized to publish in the Federal Register standards or
            methods for such certification, require specific recordkeeping
            practices with respect to such certifications, and audit the
            records thereof at any time. This authority shall not be
            construed to diminish or qualify any other penalty provided by
            this section.
                ``(6) Judicial review.--
                        ``(A) In general.--Notwithstanding any other
                    provision of law (statutory or nonstatutory) including
                    sections 1361 and 1651 of title 28, no court shall have
                    jurisdiction to consider a final determination or
                    penalty claim issued under paragraph (3)(C), except as
                    specifically provided by this paragraph. Judicial
                    review of a final determination under paragraph (4) is
                    governed only by chapter 158 of title 28, except as
                    specifically provided below. The Secretary is
                    authorized to require that the petitioner provide,
                    prior to filing for review, security for payment of
                    fines and penalties through bond or other guarantee of
                    payment acceptable to the Secretary.
                        ``(B) Requirements for review of a final
                    determination.--With respect to judicial review of a
                    final determination or penalty claim issued under
                    paragraph (3)(C), the following requirements apply:
                                ``(i) Deadline.--The petition for review
                            must be filed no later than 30 days after the
                            date of the final determination or penalty
                            claim issued under paragraph (3)(C).
                                ``(ii) Venue and forms.--The petition for
                            review shall be filed with the court of appeals
                            for the judicial circuit where the employer's
                            principal place of business was located when
                            the final determination or penalty claim was
                            issued. The record and briefs do not have to be
                            printed. The court of appeals shall review the
                            proceeding on a typewritten or electronically
                            filed record and briefs.
                                ``(iii) Service.--The respondent is the
                            Secretary of Homeland Security. In addition to
                            serving the respondent, the petitioner must
                            also serve the Attorney General.
                                ``(iv) Petitioner's brief.--The petitioner
                            shall serve and file a brief in connection with
                            a petition for judicial review not later than
                            40 days after the date on which the
                            administrative record is available, and may
                            serve and file a reply brief not later than 14
                            days after service of the brief of the
                            respondent, and the court may not extend these
                            deadlines, except for good cause shown. If a
                            petitioner fails to file a brief within the
                            time provided in this paragraph, the court
                            shall dismiss the appeal unless a manifest
                            injustice would result.
                                ``(v) Scope and standard for review.--The
                            court of appeals shall decide the petition only
                            on the administrative record on which the final
                            determination is based. The burden shall be on
                            the petitioner to show that the final
                            determination was arbitrary, capricious, an
                            abuse of discretion, not supported by
                            substantial evidence, or otherwise not in
                            accordance with law.
                        ``(C) Exhaustion of administrative remedies.--A
                    court may review a final determination under paragraph
                    (3)(C) only if--
                                ``(i) the petitioner has exhausted all
                            administrative remedies available to the
                            petitioner as of right; and
                                ``(ii) another court has not decided the
                            validity of the order, unless the reviewing
                            court finds that the petition presents grounds
                            that could not have been presented in the prior
                            judicial proceeding or that the remedy provided
                            by the prior proceeding was inadequate or
                            ineffective to test the validity of the order.
                        ``(D) Limit on injunctive relief.--Regardless of
                    the nature of the action or claim or of the identity of
                    the party or parties bringing the action, no court
                    (other than the Supreme Court) shall have jurisdiction
                    or authority to enjoin or restrain the operation of the
                    provisions in this section, other than with respect to
                    the application of such provisions to an individual
                    petitioner.
                ``(7) Enforcement of orders.--If the final determination
            issued against the employer under this subsection is not
            subject to review as provided in paragraph (6), the Attorney
            General, upon request by the Secretary, may bring a civil
            action to enforce compliance with the final determination in
            any appropriate district court of the United States. The court,
            on a proper showing, shall issue a temporary restraining order
            or a preliminary or permanent injunction requiring that the
            employer comply with the final determination issued against
            that employer under this subsection. In any such civil action,
            the validity and appropriateness of the final determination
            shall not be subject to review.
                ``(8) Liens.--
                        ``(A) Creation of lien.--If any employer liable for
                    a fee or penalty under this section neglects or refuses
                    to pay such liability and fails to file a petition for
                    review (if applicable) as provided in paragraph (6),
                    such liability is a lien in favor of the United States
                    on all property and rights to property of such person
                    as if the liability of such person were a liability for
                    a tax assessed under the Internal Revenue Code of 1986.
                    If a petition for review is filed as provided in
                    paragraph (6), the lien (if any) shall arise upon the
                    entry of a final judgment by the court. The lien
                    continues for 20 years or until the liability is
                    satisfied, remitted, set aside, or terminated.
                        ``(B) Effect of filing notice of lien.--Upon filing
                    of a notice of lien in the manner in which a notice of
                    tax lien would be filed under section 6323(f)(1) and
                    (2) of the Internal Revenue Code of 1986, the lien
                    shall be valid against any purchaser, holder of a
                    security interest, mechanic's lien or judgment lien
                    creditor, except with respect to properties or
                    transactions specified in subsection (b), (c), or (d)
                    of section 6323 of the Internal Revenue Code of 1986
                    for which a notice of tax lien properly filed on the
                    same date would not be valid. The notice of lien shall
                    be considered a notice of lien for taxes payable to the
                    United States for the purpose of any State or local law
                    providing for the filing of a notice of a tax lien. A
                    notice of lien that is registered, recorded, docketed,
                    or indexed in accordance with the rules and
                    requirements relating to judgments of the courts of the
                    State where the notice of lien is registered, recorded,
                    docketed, or indexed shall be considered for all
                    purposes as the filing prescribed by this section. The
                    provisions of section 3201(e) of chapter 176 of title
                    28 shall apply to liens filed as prescribed by this
                    section.
                        ``(C) Enforcement of a lien.--A lien obtained
                    through this process shall be considered a debt as
                    defined by 28 U.S.C. section 3002 and enforceable
                    pursuant to the Federal Debt Collection Procedures Act.
                ``(9) Transition provision.--The Attorney General shall
            have jurisdiction to adjudicate administrative proceedings
            under this subsection, pursuant to procedures for hearings
            before administrative law judges as in effect under section
            274A(e) of this Act and its implementing regulations on the day
            immediately before the date of the enactment of the CIR Act of
            2010, until the date that regulations promulgated by the
            Secretary, in consultation with the Attorney General, for the
            adjudication of cases under this subsection are in effect. Such
            regulations may provide for the continuing jurisdiction of the
            Attorney General over cases pending before the Attorney General
            on such date that the regulations are promulgated. Sections
            1512 and 1517 of the Homeland Security Act (6 U.S.C. 552 and
            557) shall apply to any transfer of jurisdiction to adjudicate
            cases under this subsection from the Attorney General to the
            Secretary as if such transfer is a transfer under the Homeland
            Security Act; provided that, nothing in this sentence shall be
            construed to require any transfer of personnel from the
            Department of Justice to the Department of Homeland Security.
        ``(f) Prohibition of Indemnity Bonds.--
                ``(1) Prohibition.--It is unlawful for an employer, in the
            hiring of any 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 guarantee or indemnity,
            against any potential liability arising under this section
            relating to such hiring of the individual.
                ``(2) Civil penalty.--Any employer who is determined, after
            notice and opportunity for mitigation of the monetary penalty
            under subsection (e), to have violated paragraph (1) of this
            subsection 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 employee or, if the employee cannot be located, to the
            general fund of the Treasury.
        ``(g) Government Contracts.--
                ``(1) Contractors and recipients.--Whenever an employer who
            holds Federal contracts, grants, or cooperative agreements, or
            reasonably may be expected to submit offers for or be awarded a
            government contract, is determined by the Secretary to be a
            repeat violator of this section or is convicted of a crime
            under this section, the employer shall be subject to debarment
            from the receipt of Federal contracts, grants, or cooperative
            agreements for a period of up to 5 years in accordance with the
            procedures and standards prescribed by the Federal Acquisition
            Regulation. Prior to debarring the employer, the Secretary, in
            cooperation with the Administrator of General Services, shall
            advise all agencies holding contracts, grants, or cooperative
            agreements with the employer of the proceedings to debar the
            employer from the receipt of new Federal contracts, grants, or
            cooperative agreements for a period of up to 5 years. After
            consideration of the views of agencies holding contracts,
            grants or cooperative agreements with the employer, the
            Secretary may, in lieu of proceedings to debar the employer
            from the receipt of new Federal contracts, grants, or
            cooperative agreements for a period of up to 5 years, waive
            operation of this subsection, limit the duration or scope of
            the proposed debarment, or may refer to an appropriate lead
            agency the decision of whether to seek debarment of the
            employer, for what duration, and under what scope in accordance
            with the procedures and standards prescribed by the Federal
            Acquisition Regulation. However, any administrative
            determination of liability for civil penalty by the Secretary
            or the Attorney General shall not be reviewable in any
            debarment proceeding.
                ``(2) Effect of indictments or other actions.--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.
                ``(3) Inadvertent violations.--Inadvertent violations of
            recordkeeping or verification requirements, in the absence of
            any other violations of this section, shall not be a basis for
            determining that an employer is a repeat violator for purposes
            of this subsection.
                ``(4) Other remedies available.--Nothing in this subsection
            shall be construed to modify or limit any remedy available to
            any agency or official of the Federal Government for violation
            of any contractual requirement to participate in the System, as
            provided in the final rule published at 73 Federal Register
            67,651 (Nov. 14, 2008), or any subsequent amendments thereto.
        ``(h) Preemption.--The provisions of this section preempt any State
    or local law, contract license, or other standard, requirement, action
    or instrument from--
                ``(1) imposing sanctions or liabilities for employing, or
            recruiting or referring for employment, unauthorized aliens, or
            for working without employment authorization;
                ``(2) 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
                ``(3) 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.
        ``(i) 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--
                ``(1) 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'
                ``(2) the employee's continuing status as an unauthorized
            alien both during and after termination of employment.
        ``(j) Deposit of Amounts Received.--Except as otherwise specified,
    civil penalties collected under this section shall be deposited by the
    Secretary into the Immigration Reform Penalty Account.
        ``(k) Challenges to Validity of the System.--
                ``(1) In general.--Any right, benefit, or claim not
            otherwise waived or limited pursuant to this section is
            available in an action instituted in the United States District
            Court for the District of Columbia, but shall be limited to
            determinations of--
                        ``(A) whether this section, or any regulation
                    issued to implement this section, violates the
                    Constitution of the United States; or
                        ``(B) whether such a regulation issued by or under
                    the authority of the Secretary to implement this
                    section, is contrary to applicable provisions of this
                    section or was issued in violation of title 5, chapter
                    5, United States Code.
                ``(2) Deadlines for bringing actions.--Any action
            instituted under this subsection must be filed no later than
            180 days after the date the challenged section or regulation
            described in subparagraph (A) or (B) of paragraph (1) is first
            implemented.
                ``(3) Rule of construction.--In determining whether the
            Secretary's interpretation regarding any provision of this
            section is contrary to law, a court shall accord to such
            interpretation the maximum deference permissible under the
            Constitution.
        ``(l) Private Right of Action.--Any person or entity who is injured
    in his business or property by reason of the employment of an
    unauthorized alien by any other person or entity may sue such other
    person or entity in any district court of the United States in the
    district in which the defendant resides or is found or has an agent,
    without respect to the amount in controversy, and shall recover
    threefold the damages sustained, and the cost of suit, including
    reasonable attorney's fees. The award of interest, and the amount of
    damages payable to foreign states and instrumentalities of foreign
    states, shall be determined in the manner provided by section 15 of
    title 15, United States Code. The provision shall become effective 3
    years after the date of the enactment of the CIR Act of 2010 and shall
    apply only to injury occurring after the effective date.
        ``(m) Criminal Penalties and Injunctions for Pattern or Practice
    Violations.--
                ``(1) Pattern and practice.--Any employer who engages in a
            pattern or practice of knowing violations of subsection
            (a)(1)(A) or (a)(2) shall be fined under title 18, United
            States Code, imprisoned for not more than 3 years for the
            entire pattern or practice, or both.
                ``(2) Enjoining of pattern or practice violations.--
            Whenever 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 subsection (a)(1)(A) or
            (a)(2), 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 or Attorney General deems necessary.
        ``(n) Criminal Penalties for Unlawful Employment.--
                ``(1) Unauthorized aliens.--Any person who, during any 12-
            month period, knowingly employs or hires for employment 10 or
            more individuals within the United States knowing that the
            individuals are unauthorized aliens (as defined in subsection
            (b)(1) of this section) shall be fined under title 18, United
            States Code, or imprisoned for not more than 5 years, or both.
                ``(2) Abusive employment.--Any person who, during any 12-
            month period, knowingly employs or hires for employment 10 or
            more individuals within the United States--
                        ``(A) knowing that the individuals are unauthorized
                    aliens; and
                        ``(B) under conditions that violate section 206 or
                    207 of Title 29 (relating to minimum wages and maximum
                    hours of employment),
            shall be fined under title 18, United States Code, or
            imprisoned for not more than 10 years, or both.
                ``(3) Attempt and conspiracy.--Any person who attempts or
            conspires to commit any offense under this subsection shall be
            punished in the same manner as a person who completes the
            offense.''.
        (b) Conforming Amendment.--Section 274(a)(3) of the Immigration and
    Nationality Act (8 U.S.C. 1324(a)(3)) is repealed.

    SEC. 302. DISCLOSURE OF CERTAIN TAXPAYER INFORMATION TO ASSIST IN
                  IMMIGRATION ENFORCEMENT.

        Section 6103(l) of the Internal Revenue Code of 1986 is amended by
    adding at the end the following new paragraph:
                ``(21) Disclosure of certain taxpayer identity information
            by social security administration to department of homeland
            security.--
                        ``(A) In general.--From taxpayer identity
                    information or other information which has been
                    disclosed or otherwise made available to the Social
                    Security Administration and upon written request by the
                    Secretary of Homeland Security, the Commissioner of
                    Social Security shall disclose directly to the
                    Department of Homeland Security--
                                ``(i) the taxpayer identity information of
                            persons within the specifications of the
                            written request who have filed an information
                            return required by reason of section 6051 or
                            section 6041(a) after calendar year 2010 that
                            contains--
                                        ``(I) 10 (or any greater number the
                                    Secretary of Homeland Security shall
                                    request) names and addresses of
                                    employees (within the meaning of
                                    section 6041(a)) with the same taxpayer
                                    identifying number, and
                                        ``(II) the taxpayer identity and
                                    date of birth of each such employee,
                                    and
                                ``(ii) the taxpayer identity of each person
                            who has filed an information return required by
                            reason of section 6051 or 6041(a) after
                            calendar year 2010 that contains the taxpayer
                            identifying number (assigned under section
                            6109) of an employee (within the meaning of
                            section 6051) or a recipient (within the
                            meaning of section 6041(a))--
                                        ``(I) who is under the age of 14
                                    (or any lesser age the Secretary of
                                    Homeland Security shall request),
                                    according to the records maintained by
                                    the Commissioner of Social Security, or
                                        ``(II) whose date of death,
                                    according to the records so maintained,
                                    occurred in a calendar year preceding
                                    the calendar year for which the
                                    information return was filed, and
                                ``(iii) the taxpayer identity and date of
                            birth of each such employee.
                        ``(B) Restriction on disclosure.--The taxpayer
                    identities disclosed under subparagraph (A) may be used
                    by officers, employees, and contractors of the
                    Department of Homeland Security only for purposes of,
                    and to the extent necessary to--
                                ``(i) prevent identity fraud, and
                                ``(ii) prevent unauthorized aliens from
                            obtaining or continuing employment in the
                            United States.
                        ``(C) Reimbursement.--The Secretary of Homeland
                    Security shall transfer to the Commissioner of Social
                    Security the funds necessary to cover the additional
                    cost directly incurred by the Commissioner in carrying
                    out the searches requested by the Secretary of Homeland
                    Security.
                        ``(D) Information returns under section 6041.--For
                    purposes of this paragraph, any reference to
                    information returns required by reason of section
                    6041(a) shall only be a reference to such information
                    returns relating to payments for labor.''.

    SEC. 303. COMPLIANCE BY DEPARTMENT OF HOMELAND SECURITY CONTRACTORS
                  WITH CONFIDENTIALITY SAFEGUARDS.

        (a) In General.--Section 6103(p) of the Internal Revenue Code is
    amended by adding at the end the following new paragraph:
                ``(9) Disclosure to department of homeland security.--
            Notwithstanding any other provision of this section, no return
            or return information shall be disclosed to any contractor of
            the Department of Homeland Security unless such Department, to
            the satisfaction of the Secretary of the Treasury--
                        ``(A) has requirements in effect that require each
                    such contractor that would have access to returns or
                    return information to provide safeguards (within the
                    meaning of paragraph (4)) to protect the
                    confidentiality of such returns or return information;
                        ``(B) agrees to conduct an on-site review every 3
                    years (mid-point review in the case of contracts or
                    agreements of less than 3 years in duration) of each
                    contractor to determine compliance with such
                    requirements;
                        ``(C) submits the findings of the most recent
                    review conducted under subparagraph (B) to the
                    Secretary as part of the report required by paragraph
                    (4)(E);and
                        ``(D) certifies to the Secretary for the most
                    recent annual period that such contractor is in
                    compliance with all such requirements.
            The certification required by subparagraph (D) shall include
            the name and address of each contractor, a description of the
            contract or agreement with such contractor, and the duration of
            such contract or agreement.''.
        (b) Conforming Amendments.--
                (1) Section 6103(p)(8)(B) of such Code is amended by
            inserting ``or paragraph (9)'' after ``subparagraph (A)''.
                (2) Section 7213(a)(2) of such Code is amended by striking
            ``or (20)'' and inserting ``(20), or (21)''.
        (c) Repeal of Reporting Requirements.--
                (1) Report on earnings of aliens not authorized to work.--
            Subsection (c) of section 290 of the Immigration and
            Nationality Act (8 U.S.C. 1360) is repealed.
                (2) 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.

    SEC. 304. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS.

        (a) Fraud Resistant, Tamper-resistant, and Wear-resistant Social
    Security Cards.--
                (1) Issuance.--
                        (A) Preliminary work.--Not later than 180 days
                    after the date of the enactment of this Act, the
                    Commissioner of Social Security shall begin work to
                    administer and issue fraud-resistant, tamper-resistant,
                    and wear-resistant Social Security cards.
                        (B) Completion.--Not later than 2 years after the
                    date of the enactment of this Act, the Commissioner of
                    Social Security shall issue only fraud-resistant,
                    tamper-resistant and wear-resistant Social Security
                    cards.
                (2) Amendment.--Section 205(c)(2)(G) of the Social Security
            Act (42 U.S.C. 405(c)(2)(G)) is amended to read--
                                ``(i) The Commissioner of Social Security
                            shall issue a social security card to each
                            individual at the time of the issuance of a
                            social security account number to such
                            individual. The social security card shall be
                            fraud-resistant, tamper-resistant and wear-
                            resistant.''.
                (3) Authorization of appropriations.--There are authorized
            to be appropriated such sums as may be necessary to carry out
            this subsection and the amendments made by this subsection.
        (b) Multiple Cards.--Section 205(c)(2)(G) of the Social Security
    Act (42 U.S.C. 405(c)(2)(G)) is further amended by adding at the end
    the following:
                                ``(ii) The Commissioner of Social Security
                            shall not issue a replacement Social Security
                            card to any individual unless the Commissioner
                            determines that the purpose for requiring the
                            issuance of the replacement document is
                            legitimate.''.
        (c) Criminal Penalties.--Section 208(a) of the Social Security Act
    (42 U.S.C. 408(a)) is amended--
                (1) by amending existing paragraph (7) to read as follows:
                ``(7) for any purpose--
                        ``(A) knowingly uses a social security account
                    number or social security card knowing that the number
                    or card was obtained from the Commissioner of Social
                    Security by means of fraud or false statement with the
                    intent to defraud the actual holder of the number or
                    card;
                        ``(B) knowingly and falsely represents a number to
                    be the social security account number assigned by the
                    Commissioner of Social Security to him or to another
                    person, when in fact such number is not the social
                    security account number assigned by the Commissioner of
                    Social Security to him or to such other person with the
                    intent to defraud the actual holder of the number or
                    card;
                        ``(C) knowingly sells, or possesses with intent
                    sell a social security account number or a social
                    security card that is or purports to be a number or
                    card issued by the Commissioner of Social Security; or
                        ``(D) knowingly alters, counterfeits, forges, or
                    falsely makes a social security account number or a
                    social security card;
                        ``(E) knowingly distributes a social security
                    account number or a social security card knowing the
                    number or card to be altered, counterfeited, forged,
                    falsely made, or stolen; or;'';
                (2) in paragraph (8)--
                        (A) by inserting the word ``knowingly'' immediately
                    before the word ``discloses'';
                        (B) by inserting the word ``account'' immediately
                    after the word ``security''; and
                        (C) by adding ``or'' at the end of the paragraph;
                (3) by inserting immediately after paragraph (8) the
            following:
                ``(9) without lawful authority, knowingly produces or
            acquires for any person a social security account number, a
            social security card, or a number or card that purports to be a
            social security account number or social security card;'';
                (4) in the undesignated penalty language at the end of
            subsection (a), by striking the word ``five'' and inserting the
            word ``ten''.
        (d) Conspiracy and Disclosure.--Section 208 of the Social Security
    Act (42 U.S.C. 408) is amended by adding at the end the following:
        ``(f) Whoever attempts or conspires to violate any criminal
    provision within this section shall be punished in the same manner as a
    person who completes a violation of that provision.
        ``(g)(1) Notwithstanding any other provision of law and subject to
    paragraph (2), the Commissioner of Social Security shall disclose the
    following records of the Social Security Administration to any federal
    law enforcement agency that requests such records for the purpose of
    investigating a violation of this section or section 274A, section
    274B, or section 274C of the Immigration and Nationality Act, provided
    that such request is in writing and from an officer in a supervisory
    position or higher official:
                ``(A) records concerning the identity, address, location,
            or financial institution accounts of the holder of a social
            security account number or social security card;
                ``(B) records concerning the application for and issuance
            of a social security account number or social security card;
            and
                ``(C) records concerning the existence or non-existence of
            a social security account number or social security card.
        ``(2) The Commissioner of Social Security shall not disclose any
    tax return or tax return information pursuant to this subsection.''.

    SEC. 305. INCREASING SECURITY AND INTEGRITY OF IMMIGRATION DOCUMENTS.

        Not later than 1 year after the date of the enactment of this Act,
    the Secretary shall--
                (1) issue only machine-readable, tamper-resistant
            employment authorization documents that use biometric
            identifiers; and
                (2) submit a report to Congress that describes the
            feasibility, advantages, and disadvantages of issuing a
            document described in paragraph (1) to any nonimmigrant alien
            authorized for employment with a specific employer.

    SEC. 306. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION.

        Section 205(c)(12) of the Social Security Act, 42 U.S.C. 405(c)(2),
    is amended by adding at the end the following new subparagraph:
                        ``(A) Responsibilities of the commissioner of
                    social security.--
                                ``(i) As part of the verification system,
                            the Commissioner of Social Security shall,
                            subject to the provisions of section 274A(d) of
                            the Immigration and Nationality Act, establish
                            a reliable, secure method that, operating
                            through the System and within the time periods
                            specified in section 274A(d) of the Immigration
                            and Nationality Act:
                                        ``(I) Compares the name, date of
                                    birth, social security account number
                                    and available citizenship information
                                    provided in an inquiry against such
                                    information maintained by the
                                    Commissioner in order to confirm (or
                                    not confirm) the validity of the
                                    information provided regarding an
                                    individual whose identity and
                                    employment eligibility must be
                                    confirmed.
                                        ``(II) Determines the
                                    correspondence of the name, number, and
                                    any other identifying information.
                                        ``(III) Determines whether the name
                                    and number belong to an individual who
                                    is deceased.
                                        ``(IV) Determines whether an
                                    individual is a national of the United
                                    States (when available).
                                        ``(V) Determines whether the
                                    individual has presented a social
                                    security account number that is not
                                    valid for employment.
                            The System shall not disclose or release social
                            security information to employers through the
                            confirmation system (other than such
                            confirmation or nonconfirmation, information
                            provided by the employer to the System, or the
                            reason for the issuance of a further action
                            notice).
                                ``(ii) Social security administration
                            database improvements.--For purposes of
                            preventing identity theft, protecting
                            employees, and reducing burden on employers,
                            and notwithstanding section 6103 of title 26,
                            United States Code, the Commissioner of Social
                            Security, in consultation with the Secretary of
                            Homeland Security, shall review the Social
                            Security Administration databases and
                            information technology to identify any
                            deficiencies and discrepancies related to name,
                            birth date, citizenship status, or death
                            records of the social security accounts and
                            social security account holders likely to
                            contribute to fraudulent use of documents, or
                            identity theft, or to affect the proper
                            functioning of the System, and shall correct
                            any identified errors. The Commissioner shall
                            ensure that a system for identifying and
                            correcting such deficiencies and discrepancies
                            is adopted to ensure the accuracy of the Social
                            Security Administration's databases.
                                ``(iii) Notification to suspend use of
                            social security number.--The Commissioner of
                            Social Security, in consultation with the
                            Secretary of Homeland Security, may establish a
                            secure process whereby an individual can
                            request that the Commissioner preclude any
                            confirmation under the System based on that
                            individual's Social Security number until it is
                            reactivated by that individual.''.

    SEC. 307. ANTIDISCRIMINATION PROTECTIONS.

        (a) Amendments.--Section 274B (8 U.S.C. 1324b) is amended--
                (1) by amending subsection (a) to read as follows--
        ``(a) Prohibition of Discrimination Based on National Origin or
    Citizenship Status.--
                ``(1) In general.--It is an unfair immigration-related
            employment practice for a person or other entity to
            discriminate against any individual, because of such
            individual's national origin or citizenship status, with
            respect to the hiring of the individual for employment, the
            verification of the individual's eligibility for employment
            through the System described in section 274A(d), the
            compensation, terms, conditions, or privileges of the
            employment of the individual, or the discharging of the
            individual from employment.
                ``(2) Exceptions.--Paragraph (1) shall not apply to--
                        ``(A) a person or other entity that employs 3 or
                    fewer employees, except for an employment agency, as
                    defined in paragraph (9);
                        ``(B) a person's or entity's discrimination because
                    of an individual's national origin if the
                    discrimination with respect to that person or entity
                    and that individual is covered under section 703 of the
                    Civil Rights Act of 1964 (42 U.S.C. 2000e-2);
                        ``(C) discrimination because of citizenship status
                    which is otherwise required in order to comply with
                    law, regulation, or executive order, or required by
                    Federal, State, or local government contract, or which
                    the Attorney General determines to be essential for an
                    employer to do business with an agency or department of
                    the Federal, State, or local government.
                ``(3) Additional exception providing right to prefer
            equally qualified citizens.--Notwithstanding any other
            provision of this section, it is not an unfair immigration-
            related employment practice for a person or other entity to
            prefer to hire, recruit, or refer an individual who is a
            citizen or national of the United States over another
            individual who is an alien if the two individuals are equally
            qualified.
                ``(4) Unfair immigration-related employment practices and
            the system.--It is also an unfair immigration-related
            employment practice for a person or other entity--
                        ``(A) to terminate the employment of an individual
                    or take any adverse employment action with respect to
                    that individual (including, but not limited to, any
                    change in the terms and conditions of employment of the
                    individual) due to a further action notice issued by
                    the System, or the individual's decision to challenge
                    or appeal any System determination;
                        ``(B) to use the System with regard to any person
                    who is not an employee;
                        ``(C) to use the System to reverify the employment
                    authorization of a current employee, other than
                    reverification upon expiration of employment
                    authorization, or as otherwise authorized under section
                    274A(d) or by Executive Order;
                        ``(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 newly hired individuals;
                        ``(E) to fail to provide any required notice to a
                    current employee within the relevant time period;
                        ``(F) to use the System to deny workers' employment
                    benefits or otherwise interfere with their labor
                    rights;
                        ``(G) to use the System for any discriminatory or
                    retaliatory purpose; and
                        ``(H) to use an immigration status verification
                    system or service other than those described in section
                    274A for purposes of verifying employment eligibility
                    under that section.
                ``(5) Prohibition of intimidation or retaliation.--It is
            also an unfair immigration-related employment practice for a
            person or other entity to intimidate, threaten, coerce, or
            retaliate against any individual for the purpose of interfering
            with any right or privilege secured under this section or
            because the individual intends to file or has filed a charge or
            a complaint, testified, assisted, or participated in any manner
            in an investigation, proceeding, or hearing under this section.
                ``(6) Treatment of certain documentary practices as
            employment practices.--A person's or other entity's request,
            for purposes of satisfying the requirements of section 274A(b),
            for more or different documents than are required under such
            section or refusing to honor documents tendered that reasonably
            appear to be genuine shall be treated as an unfair immigration-
            related employment practice in violation of paragraph (1).
                ``(7) Burden of proof in disparate impact cases.--
                        ``(A) An unlawful immigration-related employment
                    practice or unfair employment practice case based on
                    disparate impact is established 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.
                                ``(ii) The complaining party demonstrates
                            that an alternative employment practice is
                            available 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 (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 decision-making 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.
                ``(8) Motivating factor.--Except as otherwise provided in
            this Act, 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.
                ``(9) Employment agency defined.--As used in this section,
            the term `employment agency' means any person or entity
            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 person or entity.'';
                (2) in subsection (d)--
                        (A) by amending paragraphs (1) and (2) to read as
                    follows--
                ``(1) The Special Counsel shall investigate each charge
            received and determine whether or not there is reasonable cause
            to believe that the charge is true and whether or not to bring
            a complaint with respect to the charge before an administrative
            law judge. The Special Counsel may, on his or her own
            initiative, conduct investigations respecting unfair
            immigration-related employment practices or unfair employment
            practices and, based on such an investigation, file a complaint
            before such judge.
                ``(2) If the Special Counsel, after receiving such a charge
            respecting an unfair immigration-related employment practice or
            an unfair employment practice which alleges discriminatory
            activity or a pattern or practice of discriminatory activity,
            has not filed a complaint before an administrative law judge
            with respect to such charge within 120 days, the Special
            Counsel shall notify the person making the charge of the
            determination not to file such a complaint during such period
            and the person making the charge may file a complaint directly
            before such judge within 90 days after the date of receipt of
            the notice.'';
                (3) in subsection (g)(2)--
                        (A) in subparagraph (A), by inserting before the
                    period ``and which requires such affirmative action as
                    may be appropriate, or any other individual equitable
                    relief as the administrative law judge determines
                    appropriate.'';
                        (B) in subparagraph (B)--
                                (i) in clause (iii), by inserting before
                            the semicolon ``, and to provide such other
                            relief as the administrative law judge
                            determines appropriate to make the individual
                            whole''; and
                                (ii) by amending clause (iv) to read as
                            follows--
                                ``(iv) to pay any applicable civil
                            penalties proscribed below, the amounts of
                            which may be adjusted periodically to account
                            for inflation as provided by law--
                                        ``(I) except as provided in
                                    subclauses (II) through (IV), to pay a
                                    civil penalty of not less than $2,000
                                    and not more than $5,000 for each
                                    individual subjected to an unfair
                                    immigration related employment
                                    practice;
                                        ``(II) except as provided in
                                    subclauses (III) and (IV), in the case
                                    of a person or entity previously
                                    subject to a single order under this
                                    paragraph, to pay a civil penalty of
                                    not less than $4,000 and not more than
                                    $10,000 for each individual subjected
                                    to an unfair immigration related
                                    employment practice;
                                        ``(III) except as provided in
                                    subclause (IV), in the case of a person
                                    or entity previously subject to more
                                    than one order under this paragraph, to
                                    pay a civil penalty of not less than
                                    $8,000 and not more than $25,000 for
                                    each individual subjected to an unfair
                                    immigration related employment
                                    practice; and
                                        ``(IV) in the case of an unfair
                                    immigration-related employment practice
                                    described in subsection (a)(6) of this
                                    section, to pay a civil penalty of not
                                    less than $500 and not more than $5,000
                                    for each individual subjected to an
                                    unfair immigration related employment
                                    practice.'';
                        (C) in clause (vii) by striking ``and'';
                        (D) in clause (viii) by striking the period and
                    inserting ``; and''; and (E) by adding a new clause
                    (ix) to read as follows--
                                ``(i)(I) An order of the administrative law
                            judge may not 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, if
                            such individual was refused admission,
                            suspended, or expelled, or was refused
                            employment or advancement or was suspended or
                            discharged more likely that not, 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 paragraph (a)(9) and a
                            respondent demonstrates that the respondent
                            would have taken the same action in the absence
                            of the impermissible motivating factor, the
                            administrative law judge may grant declaratory
                            relief, injunctive relief (except as provided
                            in clause (b)(2)), and attorney's fees and
                            costs demonstrated to be directly attributable
                            only to the pursuit of a claim under paragraph
                            (a)(9); and shall not award damages or issue an
                            order requiring any admission, reinstatement,
                            hiring, promotion, or payment, described in
                            subparagraph (I).'';
                (4) in subsection (l)(3) by inserting ``and an additional
            $40,000,000 for each of fiscal years 2011 through 2013'' before
            the period at the end; and
                (5) by adding new subsections (m) and (n) to read as
            follows--
        ``(m) Reports.--The Secretary of Homeland Security shall make
    transactional data and citizenship status data related to the System
    available upon request by the Special Counsel.
        ``(n) Records.--Every employer, employment agency, and labor
    organization subject to this section shall--
                ``(1) make and keep such records relevant to the
            determinations of whether unlawful employment practices have
            been or are being committed;
                ``(2) preserve such records for such periods; and
                ``(3) make such reports therefrom as the Special Counsel
            shall prescribe by regulation or order, after public hearing,
            as reasonable, necessary, or appropriate for the enforcement of
            this section or the regulations or orders thereunder.
    The Special Counsel may cooperate with State and local agencies charged
    with the administration of State fair employment practices laws and,
    with the consent of such agencies, may, for the purpose of carrying out
    its functions and duties under this section and within the limitation
    of funds appropriated specifically for such purpose, engage in and
    contribute to the cost of research and other projects of mutual
    interest undertaken by such agencies, and utilize the services of such
    agencies and their employees, and, notwithstanding any other provision
    of law, pay by advance or reimbursement such agencies and their
    employees for services rendered to assist the Special Counsel in
    carrying out this section. In furtherance of such cooperative efforts,
    the Special Counsel may enter into written agreements with such State
    or local agencies and such agreements may include provisions under
    which the Special Counsel shall refrain from processing a charge in any
    cases or class of cases specified in such agreements or under which the
    Special Counsel shall relieve any person or class of persons in such
    State or locality from requirements imposed under this section. The
    Special Counsel shall rescind any such agreement whenever it determines
    that the agreement no longer serves the interest of effective
    enforcement of this section.''.
        (b) 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. 308. IMMIGRATION ENFORCEMENT SUPPORT BY THE INTERNAL REVENUE
                  SERVICE AND THE SOCIAL SECURITY ADMINISTRATION.

        (a) Increase in Penalty on Employer Failing to File Correct
    Information Returns.--Section 6721 of the Internal Revenue Code of
    1986(relating to failure to file correct information returns), as
    amended by section 2101 of the Small Business Jobs Act of 2010, is
    amended as follows--
                (1) in subsection (a)(1)--
                        (A) by striking ``$100'' and inserting ``$200'';
                    and
                        (B) by striking ``$1,500,000'' and inserting
                    ``$2,000,000'';
                (2) in subsection (b)(1)(A), by striking ``$15 in lieu of
            $50'' and inserting ``$60 in lieu of $200'';
                (3) in subsection (b)(1)(B), by striking ``$250,000'' and
            inserting ``$300,000'';
                (4) in subsection (b)(2)(A), by striking ``$30 in lieu of
            $50'' and inserting ``$120 in lieu of $200'';
                (5) in subsection (b)(2)(B), by striking ``$500,000'' and
            inserting ``$600,000'';
                (6) in subsection (d)--
                        (A) in paragraph (1)(B) by striking ```$75,000' for
                    `$250,000''' and inserting ```$100,000' for
                    `$300,000''';
                        (B) in paragraph (1)(C) by striking ```$200,000'
                    for `$500,000''' and inserting ```$200,000' for
                    `$600,000''';
                        (C) in paragraph (2)(A), by striking ``$5,000,000''
                    and inserting ``$2,000,000''; and
                        (D) in the heading, by striking ``$5,000,000'' and
                    inserting ``$2,000,000'';
                (7) in subsection (e)--
                        (A) in paragraph (2) in the matter preceding
                    subparagraph (A) by striking ``$250'' and inserting
                    ``$400'';
                        (B) in paragraph (2)(C)(i) by striking ``$25,000''
                    and inserting ``$100,000'';
                        (C) in paragraph (2)(C)(ii) by striking
                    ``$100,000'' and inserting ``$400,000''; and
                        (D) in paragraph (3)(A), by striking ``$1,500,000''
                    and inserting ``$2,000,000''.
        (b) Effective Date.--The amendments made by subsection (c) shall
    apply to failures occurring after the date of enactment of this
    section.

    SEC. 309. ENHANCED VERIFICATION SYSTEM.

        (a) Right to Review and Correct System Information.--The Secretary,
    in consultation with the Commissioner of Social Security, shall
    establish--
                (1) procedures to permit an individual--
                        (A) to verify the individual's eligibility for
                    employment in the United States before obtaining or
                    changing employment;
                        (B) to view the individual's own records in the
                    Enhanced Verification System in order to ensure the
                    accuracy of such records; and
                        (C) to correct or update the information used by
                    the System regarding the individual by electronic
                    means, to the greatest extent practicable; and
                (2) procedures for establishing an Enhanced Verification
            System under subsection (b) through which an individual who has
            viewed the individual's own record may electronically--
                        (A) block the use of the individual's Social
                    Security number under the System; and
                        (B) remove such block in order to--
                                (i) prevent the fraudulent or other misuse
                            of a Social Security account number;
                                (ii) prevent employer misuse of the system;
                                (iii) protect privacy; and
                                (iv) limit erroneous nonconfirmations
                            during employment verification.
        (b) Enhanced Verification System.--
                (1) In general.--The Secretary, in consultation with the
            Commissioner of Social Security, shall establish a voluntary
            self-verification system to allow an individual to submit
            biometric information, verify the individual's own record, and
            to block and unblock the use of the individual's Social
            Security number 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 non-
            confirmations during employment verification.
                (2) Voluntary enrollment.--An individual may enroll in the
            Enhanced Verification System on a voluntary basis.
                (3) 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.
                (4) Use of enhanced verification system receipt for purpose
            of employment verification.--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 code as a receipt
            indicating that the individual is work authorized and has self-
            verified, and procedures to allow the individual to use the
            single-use code in place of the identity and eligibility
            documents described in this section.
                (5) 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.
                (6) Reports.--
                        (A) System assessment.--Not later than 3 months
                    after the end of the third and fourth years in which
                    the programs are in effect, the Secretary shall submit
                    reports to the Committee on the Judiciary of the Senate
                    and the Committee on the Judiciary of the House of
                    Representatives on the Enhanced Verification System
                    that--
                                (i) assesses the degree of fraudulent
                            attesting of United States citizenship;
                                (ii) assesses the benefits of the Enhanced
                            Verification System to employers and the degree
                            to which it assists in the enforcement of
                            section 274A of the Immigration and Nationality
                            Act;
                                (iii) assesses 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) determines whether the Enhanced
                            Verification System reduces discrimination
                            during the employment verification process;
                                (v) assesses the degree to which the
                            Enhanced Verification System protects employee
                            civil liberties and privacy; and
                                (vi) includes recommendations on whether
                            the Enhanced Verification System should be
                            continued or modified.
                        (B) Report on expansion.--Not later than September
                    30, 2015, the Secretary shall submit a report shall to
                    the committees referred to in subparagraph (A) that--
                                (i) evaluates whether the problems
                            identified by the reports submitted under
                            subparagraph (A) have been substantially
                            resolved; and
                                (ii) describes the actions to be taken by
                            the Secretary before requiring any individual
                            to participate in the Enhanced Verification
                            System.
                (7) Limitation on use of the confirmation system and any
            related systems.--Notwithstanding any other provision of law,
            nothing in this section may be construed to permit any
            department, bureau, or other agency of the United States
            Government to utilize any information, database, or other
            records assembled under this section for any other purpose
            other than as provided for under the Enhanced Verification
            System.

    SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

        (a) Department of Homeland Security.--There are authorized to be
    appropriated to the Department such sums as may be necessary to carry
    out this title, and the amendments made by this title, including the
    following:
                (1) In each of the 5 years beginning on the date of the
            enactment of this Act, the appropriations necessary to increase
            to a level not less than 4500, by the end of such five-year
            period, the total number of personnel of the Department of
            Homeland Security assigned exclusively or principally to an
            office or offices in U.S. Citizenship and Immigration Services
            and U.S. Immigration and Customs Enforcement (and consistent
            with the missions of such agencies), dedicated to administering
            the System, and monitoring and enforcing compliance with
            sections 274A, 274B, and 274C of the Immigration and
            Nationality Act (8 U.S.C. 1324a, 1324b, and 1324c), including
            compliance with the requirements of the System. These personnel
            shall perform compliance and monitoring functions, including
            the following:
                        (A) Verify Employment Identification Numbers of
                    employers participating in the System.
                        (B) Verify compliance of employers participating in
                    the System with the requirements for participation that
                    are prescribed by the Secretary.
                        (C) Monitor the System for multiple uses of Social
                    Security Numbers and immigration identification numbers
                    that could indicate identity theft or fraud.
                        (D) Monitor the System to identify discriminatory
                    or unfair practices.
                        (E) Monitor the System to identify employers who
                    are not using the system properly, including employers
                    who fail to make available appropriate records with
                    respect to their queries and any notices of
                    confirmation, nonconfirmation, or further action.
                        (F) Identify instances where employees allege that
                    an employer violated their privacy, civil or labor
                    rights, or misused the System, and create procedures
                    for employees to report such allegations.
                        (G) Analyze and audit the use of the System and the
                    data obtained through the System to identify fraud
                    trends, including fraud trends across industries,
                    geographical areas, or employer size.
                        (H) Analyze and audit the use of the System and the
                    data obtained through the System to develop compliance
                    tools as necessary to respond to changing patterns of
                    fraud.
                        (I) Provide employers with additional training and
                    other information on the proper use of the System,
                    including but not limited to privacy training and
                    employee rights.
                        (J) Perform threshold evaluation of cases for
                    referral to the Special Counsel for Unfair Immigration-
                    Related Employment Practices or the Equal Employment
                    Opportunity Commission, and other officials or agencies
                    with responsibility for enforcing anti-discrimination,
                    civil rights, privacy or worker protection laws, as may
                    be appropriate.
                        (K) Any other compliance and monitoring activities
                    that, in the Secretary's judgment, are necessary to
                    ensure the functioning of the System.
                        (L) Investigate identity theft and fraud detected
                    through the System and undertake the necessary
                    enforcement or referral actions.
                        (M) Investigate use of or access to fraudulent
                    documents and undertake the necessary enforcement
                    actions.
                        (N) Perform any other investigations that, in the
                    Secretary's judgment, are necessary to ensure the
                    lawful functioning of the System, and undertake any
                    enforcement actions necessary as a result of these
                    investigations.
                (2) The appropriations necessary to acquire, install and
            maintain technological equipment necessary to support the
            functioning of the System and the connectivity between U.S.
            Citizenship and Immigration Services and U.S. Immigration and
            Customs Enforcement, Department of Justice, and other agencies
            or officials with respect to the sharing of information to
            support the System and related immigration enforcement actions.
                (3) The appropriations necessary to establish a robust
            redress process for employees who wish to appeal contested
            nonconfirmations to ensure the accuracy and fairness of the
            System.
                (4) The appropriations necessary to provide a means by
            which individuals may access their own employment authorization
            data to ensure its accuracy independent of their employer.
                (5) The appropriations necessary to establish a Joint
            Employment Fraud Task Force to promote employer compliance with
            the system and ensure a coordinated response to noncompliance.
                (6) The appropriations necessary for the Office for Civil
            Rights and Civil Liberties and the Office of Privacy to perform
            their responsibilities as they relate to the System.
                (7) The appropriations necessary to make grants to states
            to support them in assisting the federal government in carrying
            out the provisions of this title.
        (b) Social Security Administration.--There are authorized to be
    appropriated to the Social Security Administration such sums as may be
    necessary to carry out its responsibilities under this title, including
    section 308.
        (c) Department of Justice.--There are authorized to be appropriated
    to the Department of Justice such sums as may be necessary to carry out
    its responsibilities under this title, including enforcing compliance
    with section 274B of the Act, as amended by section 307 of this Act.
        (d) Department of State.--There are authorized to be appropriated
    to the Department of State such sums as may be necessary to carry out
    its responsibilities under this title.

             TITLE IV--REFORMING AMERICA'S LEGAL IMMIGRATION SYSTEM

         Subtitle A--New Worker Program and the Creation of a Standing
                                   Commission

    SEC. 401. STANDING COMMISSION ON IMMIGRATION, LABOR MARKETS, AND THE
                  NATIONAL INTEREST.

        (a) Establishment of Commission.--
                (1) In general.--There is established an independent
            Federal agency within the Executive Branch to be known as the
            Standing Commission on Immigration, Labor Markets, and the
            National Interest (referred to in this section as the
            ``Commission'').
                (2) Purposes.--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;
                        (E) recommend to Congress and the President the
                    numeric levels and characteristics of workers to be
                    admitted in various employment-based visa categories;
                    and
                        (F) to collect and analyze information about the
                    economic, labor, security, and foreign policy impacts
                    of our Nation's immigration policies.
                (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, not later than 6 months after the
                            establishment 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;
                                (v) who may not be an employee of the
                            Federal Government or of any State or local
                            government; and
                                (vi) not more than 4 of whom may be members
                            of the same political party.
                        (B) 7 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.--Four voting members of the Commission
                    shall constitute a quorum.
        (b) Duties of the Commission.--The Commission shall collect,
    analyze, and publish data regarding--
                (1) 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;
                (2) the national, regional, State, and local impacts of
            employment-based immigration--
                        (A) within industries and business sectors;
                        (B) on wages, labor standards, occupations, and
                    employment levels;
                        (C) on small business;
                        (D) on employment and unemployment levels;
                        (E) on economic growth, productivity, and
                    competitiveness;
                        (F) on national and border security; and
                        (G) on local communities;
                (3) the development and implementation of the new worker
            program to admit H-2C nonimmigrants (referred to in this
            section as the ``Program''), including--
                        (A) the criteria for the admission of workers under
                    the Program; and
                        (B) the formula and methodologies for determining
                    the annual numerical limitations of the Program;
                (4) the current and anticipated needs of employers for
            skilled and unskilled labor;
                (5) the national interest;
                (6) the current and anticipated supply of skilled and
            unskilled labor;
                (7) the impact of employment-based immigration on the
            economic growth, competitiveness, labor standards, labor
            conditions, and wages;
                (8) the extent and impact of unauthorized employment in the
            United States;
                (9) the factors that determine the economic success of
            immigrants to the United States;
                (10) specific aspects of the Nation's immigration policies
            and programs that Congress has requested the Commission to
            examine or analyze; and
                (11) any other matters regarding the impact of employment-
            based immigration that the Commission considers appropriate.
        (c) Annual Reports.--
                (1) Program evaluation.--Not later than 180 days after the
            date of the enactment of this Act, and annually thereafter, the
            Commission shall submit a report to the President and Congress
            that--
                        (A) assesses the economic, labor, security, and
                    foreign policy impacts of the nation's immigration
                    policies;
                        (B) evaluates the Program and defines a formula and
                    methodologies for measuring the need for H-2C
                    nonimmigrants in States, industries, and occupations
                    and determines the numeric limitations of the H-2C
                    Program;
                        (C) recommends adjustments, based on the
                    established methodologies, to the Program's numeric
                    allocations for the subsequent fiscal year; and
                        (D) reviews the issuance and allocations of
                    employment-based immigrant and nonimmigrant visa
                    categories.
                (2) Effect on employment levels.--Not later than February 1
            of each year, the Commission shall submit a report to Congress
            that contains--
                        (A) the Commission's recommendations on the
                    increase or decrease in the number of employment-based
                    immigrant visas to be made available for temporary or
                    permanent employment under the Immigration and
                    Nationality Act and a statement of the reasons for such
                    recommendations; and
                        (B) the Commission's recommendations on how many
                    immigrant visas from the discretionary national
                    interest pool described in section 411(e) should be
                    added to the subsequent fiscal year's annual immigrant
                    visa allocations to comport with the increases
                    recommended in subparagraph (A) and to which employment
                    preference categories such visas should be added.
                (3) Effect of congressional inaction.--If Congress does not
            enact a law to approve or disapprove the Commission's
            recommendations under paragraph (2) not later than 90 days
            after receiving a report under such paragraph, the number of
            employment-based immigrant visas shall remain at the level
            authorized for the previous fiscal year.
        (d) National Interest Defined.--For purposes of determining whether
    immigrant visas should be allocated from the discretionary national
    interest pool in a given fiscal year, the term ``national interest''
    shall be broadly defined and shall take into consideration--
                (1) national and regional unemployment rates;
                (2) unemployment rates by industry and sector;
                (3) national and regional demographic and industry
            projections;
                (4) wage and labor impact;
                (5) immigrant visa backlogs and length of familial
            separation;
                (6) national security and border security;
                (7) community impact assessments; and
                (8) competitiveness and economic growth.
        (e) Powers of the Commission.--The Commission, by vote of a
    majority of the members present and voting, shall have the power to--
                (1) establish general policies and promulgate such rules
            and regulations for the Commission as are necessary to carry
            out the purposes of this section;
                (2) 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;
                (3) 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;
                (4) 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 for such utilization;
                (5) 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;
                (6) 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;
                (7) 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;
                (8) 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;
                (9) establish a research and development program within the
            Commission for the purpose of understanding and documenting the
            effects of immigration and the admission of foreign workers on
            the labor market and national competitiveness;
                (10) collect systematically the data obtained from studies,
            research, and the empirical experience of public and private
            agencies concerning the need for and effects of immigration;
                (11) 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;
                (12) make recommendations to Congress concerning the
            numeric limitations of the H-2C program and all immigrant and
            nonimmigrant employment-based visa categories and recommend
            modifications or the enactment of statutes relating to matters
            that the Commission finds to be necessary and advisable to
            carry out an effective immigration policy;
                (13) hold hearings and call witnesses to assist the
            Commission in the exercise of its powers or duties;
                (14) retain and, in its discretion pay reasonable
            attorneys' fees out if its appropriated funds to, private
            attorneys who--
                        (A) 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
                        (B) 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;
                (15) grant incentive awards to its employees pursuant to
            chapter 45 of title 5, United States Code; and
                (16) perform such other functions as may be necessary to
            carry out the purposes of this section, which may be delegated
            to any member or designated person, as appropriate.
        (f) 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 the heads of such
                    departments and agencies determine advisable and
                    authorized by law.
        (g) Personnel Matters.--
                (1) Staff.--
                        (A) Appointment and compensation.--The Chair, in
                    accordance with rules agreed upon by the Commission,
                    may appoint and fix the compensation of a staff
                    director and such other personnel as may be necessary
                    to enable the Commission to carry out its functions.
                        (B) Federal employees.--
                                (i) In general.--Except as provided under
                            clause (ii), the executive director and 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.
                                (ii) Commission members.--Clause (i) 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
            the Executive Schedule under section 5315 of such title 5.
        (h) 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, at rates authorized for employees of agencies
            under section 5703(b) of title 5, United States Code, while
            away from their homes or regular places of business in the
            performance of services for the Commission.
        (i) Determination of New Levels of Program Visas.--The numeric
    levels for visas under the Program shall be set by the Commission
    unless Congress enacts superseding legislation.
        (j) Funding.--Fees and fines deposited into the New Worker Program
    and Conditional Nonimmigrants Fee Account established under section
    286(w) of the Immigration and Nationality Act, as added by subsection
    (k), may be used by the Commission to carry out its duties under this
    section.
        (k) Establishment of Account; Use of Fees.--Section 286 (8 U.S.C.
    1356) is amended by adding at the end the following:
        ``(w) New Worker Program and Conditional Nonimmigrants Fee
    Account.--
                ``(1) In general.--There is established in the general fund
            of the Treasury a separate account, which shall be known as the
            `New Worker Program and Conditional Nonimmigrants Fee Account'.
                ``(2) Deposits.--Notwithstanding any other provision of
            law, there shall be deposited as offsetting receipts into the
            account all fees and fines collected under this title.
                ``(3) Use of fees.--Fees collected under this section may
            only be used by the Secretary of Homeland Security to
            administer and operate the New Worker Program and Conditional
            Nonimmigrants Fee Account Program.''.

    SEC. 402. H-2C NONIMMIGRANT WORKER PROGRAM.

        (a) Definition.--Section 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is
    amended--
                (1) in clause (i)--
                        (A) by redesignating subclause (c) as subclause
                    (d); and
                        (B) by inserting after subclause (b) the following:
                        ``(c) who is coming temporarily to the United
                    States to initially perform temporary labor or services
                    other than the labor or services described in clause
                    (i)(b), (i)(b)(1), (i)(d), (ii)(a), or (iii),
                    subparagraph (D), (E), (I), (L), (O), (P), or (R), or
                    section 214(e) (if United States workers who are able,
                    willing, and qualified to perform such labor or
                    services cannot be found in the United States); and'';
                    and
                (2) by adding at the end the following:
                                ``(iv) who--
                                        ``(I) is the spouse or minor child
                                    of an alien described in this
                                    subparagraph; and
                                        ``(II) is accompanying or following
                                    to join such alien.''.
        (b) Admission of H-2C Nonimmigrant Workers.--Chapter 2 of title II
    (8 U.S.C. 1181 et seq.) is amended by inserting after section 218 the
    following:

    ``SEC. 218A. ADMISSION OF H-2C NONIMMIGRANTS.

        ``(a) Authorization.--The Secretary of State may grant a visa to an
    H-2C nonimmigrant who demonstrates an intent to perform labor or
    services in the United States (other than the labor or services
    described in clause (i)(b), (i)(b)(1), (i)(c), (ii)(a), or (iii) of
    section 101(a)(15)(H), subparagraph (D), (E), (I), (L), (O), (P), or
    (R) of section 101(a)(15), or section 214(e) (if United States workers
    who are able, willing, and qualified to perform such labor or services
    cannot be found in the United States).
        ``(b) Requirements for Admission.--An alien shall be eligible for
    H-2C nonimmigrant status if the alien meets the following requirements:
                ``(1) Eligibility to work.--The alien shall establish that
            the alien is capable of performing the labor or services
            required for an occupation described in section
            101(a)(15)(H)(ii)(c).
                ``(2) Evidence of employment offer.--Evidence of an alien's
            employment offer shall be provided in accordance with the
            requirements issued by the Secretary of State, in consultation
            with the Secretary of Labor. In carrying out this paragraph,
            the Secretary may consider evidence from employers, employer
            associations, and labor representatives.
                ``(3) Fee.--The alien shall pay a $100 visa issuance fee in
            addition to the cost of processing and adjudicating such
            application. Nothing in this paragraph shall be construed to
            affect consular procedures for charging reciprocal fees.
                ``(4) Medical examination.--The alien shall undergo a
            medical examination (including a determination of immunization
            status), at the alien's expense, that conforms to generally
            accepted standards of medical practice.
                ``(5) Application content and waiver.--
                        ``(A) Application form.--The alien shall submit to
                    the Secretary of State a completed application, which
                    contains evidence that the requirements under
                    paragraphs (1) and (2) have been met.
                        ``(B) Content.--In addition to any other
                    information that the Secretary requires to determine an
                    alien's eligibility for H-2C nonimmigrant status, the
                    Secretary of State shall require an alien to provide
                    information concerning the alien's--
                                ``(i) physical and mental health;
                                ``(ii) criminal history and gang
                            membership;
                                ``(iii) immigration history; and
                                ``(iv) involvement with groups or
                            individuals that have engaged in terrorism,
                            genocide, persecution, or who seek the
                            overthrow of the United States government.
                        ``(C) Knowledge.--The alien shall include with the
                    application submitted under this paragraph a signed
                    certification in which the alien certifies that--
                                ``(i) the alien has read and understands
                            all of the questions and statements on the
                            application form;
                                ``(ii) the alien certifies under penalty of
                            perjury under the laws of the United States
                            that the application, and any evidence
                            submitted with it, are all true and correct;
                            and
                                ``(iii) the applicant authorizes the
                            release of any information contained in the
                            application and any attached evidence for law
                            enforcement purposes.
        ``(c) Grounds of Inadmissibility.--
                ``(1) In general.--In determining an alien's admissibility
            as an H-2C nonimmigrant--
                        ``(A) paragraphs (5), (6) (except subparagraphs (E)
                    and (G)), (7), (9), and (10)(B) of section 212(a) may
                    not apply with respect to conduct that occurred before
                    the effective date of this Act;
                        ``(B) the Secretary of Homeland Security may not
                    waive the application of--
                                ``(i) subparagraph (A), (B), (C), (D), (E),
                            (G), (H), or (I) of section 212(a)(2);
                                ``(ii) section 212(a)(3); or
                                ``(iii) subparagraph (A), (C) or (D) of
                            section 212(a)(10);
                        ``(C) the Secretary of State may waive the
                    application of any provision of section 212(a) not
                    listed in subparagraph (B) on behalf of an individual
                    alien--
                                ``(i) for humanitarian purposes;
                                ``(ii) to ensure family unity; or
                                ``(iii) if such a 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).
                ``(2) Renewal of authorized admission and subsequent
            admissions.--An alien seeking renewal of authorized admission
            or subsequent admission as an H-2C nonimmigrant shall establish
            that the alien is not inadmissible under section 212(a).
                ``(3) Background checks.--The Secretary of Homeland
            Security shall not admit, and the Secretary of State shall not
            issue a visa to, an alien seeking H-2C nonimmigrant status
            unless all appropriate background checks have been completed.
        ``(d) Period of Authorized Admission.--
                ``(1) Authorized period.--The initial period of authorized
            admission as an H-2C nonimmigrant shall be 3 years.
                ``(2) Renewal.--Before the expiration of the initial period
            under paragraph (1), an H-2C nonimmigrant may submit an
            application to the Secretary of Homeland Security to extend H-
            2C nonimmigrant status for 1 additional 3-year period. The
            Secretary may not require an applicant under this paragraph to
            depart the United States as a condition for granting such
            extension.
                ``(3) Loss of employment.--
                        ``(A) In general.--
                                ``(i) Period of unemployment.--Subject to
                            clause (ii) and subsection (c), the period of
                            authorized admission of an H-2C nonimmigrant
                            shall terminate if the alien is unemployed for
                            60 or more consecutive days.
                                ``(ii) Exception.--The period of authorized
                            admission of an H-2C nonimmigrant shall not
                            terminate if the alien is unemployed for 60 or
                            more consecutive days if the alien submits
                            documentation to the Secretary of Homeland
                            Security that establishes that such
                            unemployment was caused by--
                                        ``(I) a period of physical or
                                    mental disability of the alien or the
                                    spouse, son, daughter, or parent (as
                                    defined in section 101 of the Family
                                    and Medical Leave Act of 1993 (29
                                    U.S.C. 2611)) of the alien;
                                        ``(II) a period of vacation,
                                    medical leave, maternity leave, or
                                    similar leave from employment
                                    authorized by employer policy, State
                                    law, or Federal law; or
                                        ``(III) any other period of
                                    temporary unemployment that is the
                                    direct result of a major disaster or
                                    emergency.
                                ``(iii) Extension.--The Secretary of Labor
                            and the Secretary of Homeland Security shall
                            promulgate regulations to establish procedures
                            for granting an extension of the 60-day period
                            described in clause (i) in accordance with the
                            conditions described in section 218B(g).
                        ``(B) Return to foreign residence.--Any alien whose
                    period of authorized admission terminates under
                    subparagraph (A) shall be required to leave the United
                    States.
                        ``(C) Period of visa validity.--Any alien, whose
                    period of authorized admission terminates under
                    subparagraph (A), who leaves the United States under
                    subparagraph (B), may reenter the United States as an
                    H-2C nonimmigrant to work for an employer, if the alien
                    has complied with the requirements of subsection (b).
                ``(4) Visits outside the united states.--
                        ``(A) In general.--Under regulations established by
                    the Secretary of Homeland Security, an H-2C
                    nonimmigrant--
                                ``(i) may travel outside of the United
                            States; and
                                ``(ii) may be readmitted without having to
                            obtain a new visa if the period of authorized
                            admission has not expired.
                        ``(B) Effect on period of authorized admission.--
                    Time spent outside the United States under subparagraph
                    (A) shall not extend the period of authorized admission
                    in the United States.
                ``(5) Bars to extension or admission.--An alien may not be
            granted H-2C nonimmigrant status, or an extension of such
            status, if--
                        ``(A) the alien has violated any material term or
                    condition of such status granted previously, including
                    failure to comply with the change of address reporting
                    requirements under section 265;
                        ``(B) the alien is inadmissible as a nonimmigrant
                    except that grounds of inadmissibility that are waived
                    under section 218(a) of the Immigration and Nationality
                    Act as amended by this Act shall not apply; or
                        ``(C) the granting of such status or extension of
                    such status would allow the alien to exceed 6 years as
                    an H-2C nonimmigrant, unless the alien has resided and
                    been physically present outside the United States for
                    at least 1 year after the expiration of such H-2C
                    nonimmigrant status.
        ``(e) Evidence of Nonimmigrant Status.--Each H-2C nonimmigrant
    shall be issued documentary evidence of nonimmigrant status, which--
                ``(1) shall be machine-readable, tamper-resistant, and
            allow for biometric authentication;
                ``(2) shall, during the alien's authorized period of
            admission under subsection (f), serve as a valid entry document
            for the purpose of applying for admission to the United
            States--
                        ``(A) instead of a passport and visa if the alien--
                                ``(i) is a national of a foreign territory
                            contiguous to the United States; and
                                ``(ii) is applying for admission at a land
                            border port of entry; and
                        ``(B) in conjunction with a valid passport, if the
                    alien is applying for admission at an air or sea port
                    of entry;
                ``(3) may be accepted during the period of its validity by
            an employer as evidence of employment authorization and
            identity under section 274A(b)(1)(B); and
                ``(4) shall be issued to the H-2C nonimmigrant by the
            Secretary of Homeland Security promptly after final
            adjudication of such status or, at the discretion of the
            Secretary of Homeland Security, may be issued by the Secretary
            of State at a consulate instead of a visa.
        ``(f) Penalties for Failure to Depart.--If an H-2C nonimmigrant
    fails to depart the United States by the date that the alien's
    authorized admission as an H-2C nonimmigrant concludes, the visa of the
    alien shall be void under section 222(g)(1) and the alien shall be
    ineligible to be readmitted to the United States under section
    222(g)(2). The alien may be removed if found to be within 1 or more of
    the classes of deportable aliens described in section 237.
        ``(g) Portability.--A nonimmigrant alien described in this section,
    who was previously issued a visa or otherwise provided H-2C
    nonimmigrant status, may accept a new offer of employment with a
    subsequent employer, if--
                ``(1) the employer complies with section 218B; and
                ``(2) the alien, after lawful admission to the United
            States, did not work without authorization.
        ``(h) Change of Address.--An H-2C nonimmigrant shall comply with
    the change of address reporting requirements under section 265 through
    electronic or paper notification.
        ``(i) Collection of Fees.--All fees (other than the application
    filing fee) collected under this section shall be deposited in the
    Treasury in accordance with section 286(w).''.
        (c) Clerical Amendment.--The table of contents (8 U.S.C. 1101 et
    seq.) is amended by inserting after the item relating to section 218
    the following:

    ``Sec. 218A. Admission of H-2C nonimmigrants.''.
        (d) Employer Obligations.--
                (1) In general.--Title II (8 U.S.C. 1201 et seq.) is
            amended by inserting after section 218A, as added by subsection
            (b), the following:

    ``SEC. 218B. EMPLOYER OBLIGATIONS.

        ``(a) General Requirements.--Each employer that seeks to employ an
    H-2C nonimmigrant shall--
                ``(1) file a petition with the Secretary of Labor in
            accordance with subsections (b) and (c); and
                ``(2) be required to pay--
                        ``(A) an application filing fee for each alien,
                    based on the cost of carrying out the processing duties
                    under this subsection;
                        ``(B) for an initial application, a secondary fee,
                    to be deposited in the Treasury in accordance with
                    section 286(w), of--
                                ``(i) $500, in the case of an employer
                            employing 25 employees or less;
                                ``(ii) $750, in the case of an employer
                            employing between 26 and 150 employees;
                                ``(iii) $1,250, in the case of an employer
                            employing between 151 and 500 employees; or
                                ``(iv) $1,500, in the case of an employer
                            employing more than 500 employees; and
                        ``(C) a secondary fee shall only be required once
                    for each alien applying for the H-2C program and shall
                    not be required for subsequent applications to new
                    employers.
        ``(b) Required Procedure.--Unless the Secretary of Labor determines
    that there is a shortage of United States workers in the occupation and
    area of intended employment to which the H-2C nonimmigrant is sought,
    each employer that employs an H-2C nonimmigrant shall comply with the
    following requirements:
                ``(1) Efforts to recruit united states workers.--During the
            period beginning not later than 90 days before the date on
            which a petition is filed under subsection (a)(1), and ending
            on the date that is 14 days before such filing date, the
            employer involved shall recruit United States workers for the
            position for which the H-2C nonimmigrant is sought under the
            petition, by--
                        ``(A) submitting a copy of the job opportunity,
                    including a description of the wages and other terms
                    and conditions of employment and the minimum education,
                    training, experience, and other requirements of the
                    job, to the State Employment Service Agency that serves
                    the area of employment in the State in which the
                    employer is located;
                        ``(B) authorizing the employment service agency of
                    the State to post the job opportunity on the Internet
                    website established under Section 405 of this Act with
                    local job banks, and with unemployment agencies and
                    other labor referral and recruitment sources pertinent
                    to the job involved;
                        ``(C) authorizing the employment service agency of
                    the State to notify--
                                ``(i) labor organizations in the State in
                            which the job is located; and
                                ``(ii) if applicable, the office of the
                            local union which represents the employees in
                            the same or substantially equivalent job
                            classification of the job opportunity;
                        ``(D) posting 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) advertising 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 not fewer than 10 consecutive
                    days; and
                        ``(F) based on recommendations by the local job
                    service, advertising the availability of the job
                    opportunity in professional, trade, or ethnic
                    publications that are likely to be patronized by a
                    potential worker.
                ``(2) Efforts to employ united states workers.--An employer
            that seeks to employ an H-2C nonimmigrant shall first offer the
            job to any eligible United States worker who applies, is
            qualified for the job and is available at the time of need,
            notwithstanding any other valid employment criteria.
        ``(c) Petition.--A petition to hire an H-2C nonimmigrant under this
    section shall include an attestation by the employer that the employer
    has complied with the following requirements:
                ``(1) Protection of united states workers.--The employment
            of an H-2C nonimmigrant--
                        ``(A) will not adversely affect the wages and
                    working conditions of workers in the United States
                    similarly employed; and
                        ``(B) did not and will not cause the separation
                    from employment of a United States worker employed by
                    the employer within the 180-day period beginning 90
                    days before the date on which the petition is filed.
                ``(2) Wages.--
                        ``(A) In general.--The employer has offered to
                    United States workers during the period of recruitment
                    described in subsection (b)(1), and is offering and
                    will pay H-2C nonimmigrants during the period of
                    authorized employment not less than the greater of--
                                ``(i) the actual wage level paid by the
                            employer to all other individuals with similar
                            experience and qualifications for the specific
                            employment in question; or
                                ``(ii) the prevailing wage level for the
                            occupational classification in the area of
                            employment, as determined in accordance with
                            subparagraph (C), taking into account
                            experience and skill levels of employees.
                        ``(B) Calculation.--The wage levels under
                    subparagraph (A) shall be calculated based on the best
                    information available at the time of the filing of the
                    application.
                        ``(C) Prevailing wage level.--For purposes of
                    subparagraph (A)(ii), the prevailing wage level shall
                    be determined as follows:
                                ``(i) If the job opportunity is covered by
                            a collective bargaining agreement between a
                            union and the employer, the prevailing wage
                            shall be the wage rate set forth in the
                            collective bargaining agreement.
                                ``(ii) If the job opportunity is not
                            covered by such an agreement and it is in an
                            occupation that is covered by a wage
                            determination under a provision of subchapter
                            IV of chapter 31 of title 40, United States
                            Code, or the Service Contract Act of 1965 (41
                            U.S.C. 351 et seq.), the prevailing wage level
                            shall be the appropriate statutory wage.
                                ``(iii)(I) If clauses (i) and (ii) do not
                            apply, the prevailing wage rate shall be not
                            less than the median rate of the highest 66
                            percent of the wage date for the occupation
                            provided by the Bureau of Labor Statistics,
                            including the Occupational Employment
                            Statistics survey, Current Employment
                            Statistics data, National Compensation Survey,
                            and Occupational Employment Projections
                            program. If the Bureau of Labor Statistics does
                            not have wage data applicable to such
                            occupation, the employer may base the
                            prevailing wage level on another wage survey
                            approved by the Secretary of Labor.
                                ``(II) The Secretary shall promulgate
                            regulations applicable to approval of such
                            other wage surveys that require, among other
                            things, that the Bureau of Labor Statistics
                            determine such surveys are statistically
                            viable.
                ``(3) Working conditions.--All workers in the occupation at
            the place of employment at which the H-2C nonimmigrant will be
            employed will be provided the working conditions and benefits
            that are normal to workers similarly employed in the area of
            intended employment.
                ``(4) Labor dispute.--There is not a strike, lockout, or
            work stoppage in the course of a labor dispute in the
            occupation at the place of employment at which the H-2C
            nonimmigrant will be employed. If such strike, lockout, or work
            stoppage occurs following submission of the petition, the
            employer will provide notification in accordance with
            regulations promulgated by the Secretary of Labor.
                ``(5) Provision of insurance.--If the position for which
            the H-2C nonimmigrant is sought is not covered by the State
            workers' compensation law, the employer will provide, at no
            cost to the H-2C nonimmigrant, 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 workers' compensation law for
            comparable employment.
                ``(6) Notice to employees.--
                        ``(A) In general.--The employer has provided notice
                    of the filing of the petition to the bargaining
                    representative of the employer's employees in the
                    occupational classification and area of employment for
                    which the H-2C nonimmigrant is sought.
                        ``(B) No bargaining representative.--If there is no
                    such bargaining representative, the employer has--
                                ``(i) posted a notice of the filing of the
                            petition in a conspicuous location at the place
                            or places of employment for which the H-2C
                            nonimmigrant is sought; or
                                ``(ii) electronically disseminated such a
                            notice to the employer's employees in the
                            occupational classification for which the H-2C
                            nonimmigrant is sought.
                ``(7) Recruitment.--The following conditions must be met:
                        ``(A) There are not sufficient workers who are
                    able, willing, and qualified, and who will be available
                    at the time and place needed, to perform the labor or
                    services involved in the petition.
                        ``(B) Good faith efforts have been taken to recruit
                    United States workers, in accordance with regulations
                    promulgated by the Secretary of Labor, which efforts
                    included--
                                ``(i) the completion of recruitment during
                            the period beginning on the date that is 90
                            days before the date on which the petition was
                            filed with the Department of Homeland Security
                            and ending on the date that is 14 days before
                            such filing date; and
                                ``(ii) the actual wage paid by the employer
                            for the occupation in the areas of intended
                            employment was used in conducting recruitment.
                ``(8) Ineligibility.--The employer is not currently
            ineligible from using the H-2C nonimmigrant program described
            in this section.
                ``(9) Construction and metal worker occupations.--No
            petition by an employer may be granted for an H-2C nonimmigrant
            worker if the employer seeks to employ an H-2C nonimmigrant in
            an any construction or metal worker occupation.
                ``(10) Bona fide offer of employment.--The job for which
            the H-2C nonimmigrant is sought is a bona fide job--
                        ``(A) for which the employer needs labor or
                    services;
                        ``(B) which has been and is clearly open to any
                    United States worker; and
                        ``(C) for which the employer will be able to place
                    the H-2C nonimmigrant on the payroll.
                ``(11) Public availability and records retention.--A copy
            of each petition filed under this section and documentation
            supporting each attestation, in accordance with regulations
            promulgated by the Secretary of Labor, will--
                        ``(A) be provided to every H-2C nonimmigrant
                    employed under the petition;
                        ``(B) be made available for public examination at
                    the employer's place of business or work site;
                        ``(C) be made available to the Secretary of Labor
                    during any audit; and
                        ``(D) remain available for examination for 5 years
                    after the date on which the petition is filed.
                ``(12) Notification upon separation from or transfer of
            employment.--The employer will notify the Secretary of Labor
            and the Secretary of Homeland Security of an H-2C
            nonimmigrant's separation from employment or transfer to
            another employer not more than 3 business days after the date
            of such separation or transfer, in accordance with regulations
            promulgated by the Secretary of Homeland Security.
                ``(13) Actual need for labor or services.--The petition was
            filed not more than 60 days before the date on which the
            employer needed labor or services for which the H-2C
            nonimmigrant is sought.
                ``(14) Waiver of rights prohibited.--An H-2C nonimmigrant
            may not be required to waive any rights or protections under
            this Actor the amendments made by such Act. Nothing in this
            paragraph may be construed to affect the interpretation of
            other laws.
                ``(15) No threatening of employees.--It shall be a
            violation of this subsection for an employer that has filed a
            petition under this section to threaten the H-2C nonimmigrant
            beneficiary with withdrawal of the petition for exercising a
            right protected by this Actor any amendment made by such Act.
        ``(d) Audit of Attestations.--
                ``(1) Referrals by secretary of homeland security.--The
            Secretary of Homeland Security shall refer all approved
            petitions for H-2C nonimmigrants to the Secretary of Labor for
            potential audit.
                ``(2) Audits authorized.--The Secretary of Labor may audit
            any approved petition referred pursuant to paragraph (1), in
            accordance with regulations promulgated by the Secretary of
            Labor.
        ``(e) Ineligible Employers.--
                ``(1) In general.--The Secretary of Labor shall not approve
            an employer's petitions, applications, certifications, or
            attestations under any immigrant or nonimmigrant program if the
            Secretary of Labor determines, after notice and an opportunity
            for a hearing, that the employer submitting such documents--
                        ``(A) has, with respect to the attestations
                    required under subsection (b)--
                                ``(i) misrepresented a material fact;
                                ``(ii) made a fraudulent statement; or
                                ``(iii) failed to comply with the terms of
                            such attestations; or
                        ``(B) failed to cooperate in the audit process in
                    accordance with regulations promulgated by the
                    Secretary of Labor.
                ``(2) Length of ineligibility.--An employer described in
            paragraph (1) shall be ineligible to participate in the labor
            certification programs of the Secretary of Labor for not less
            than the time period determined by the Secretary, not to exceed
            3 years.
                ``(3) Employers in high unemployment areas.--The Secretary
            of Labor may not approve any employer's petition under
            subsection (b) if the work to be performed by the H-2C
            nonimmigrant is not agriculture based and is located in a
            metropolitan or micropolitan statistical area (as defined by
            the Office of Management and Budget) in which the unemployment
            rate for workers who have not completed any education beyond a
            high school diploma during the most recently completed 6-month
            period averaged more than 10 percent.
        ``(f) Regulation of Foreign Labor Contractors.--
                ``(1) Coverage.--Notwithstanding any other provision of
            law, an H-2C nonimmigrant may not be treated as an independent
            contractor.
                ``(2) Applicability of laws.--An H-2C nonimmigrant shall
            not be denied any right or any remedy under Federal, State, or
            local labor or employment law that would be applicable to a
            United States worker employed in a similar position with the
            employer because of the alien's status as a nonimmigrant
            worker.
                ``(3) Tax responsibilities.--With respect to each employed
            H-2C nonimmigrant, an employer shall comply with all applicable
            Federal, State, and local tax and revenue laws.
        ``(g) Whistleblower Protection.--It shall be unlawful for an
    employer or a labor contractor of an H-2C nonimmigrant to intimidate,
    threaten, restrain, coerce, retaliate, discharge, or in any other
    manner, discriminate against an employee or former employee because the
    employee or former employee--
                ``(1) discloses information to the employer or any other
            person that the employee or former employee reasonably believes
            demonstrates that a violation of this Act has occurred; or
                ``(2) cooperates or seeks to cooperate in an investigation
            or other proceeding concerning compliance with the requirements
            of this Act.
        ``(h) Labor Recruiters.--
                ``(1) In general.--Each employer that engages in foreign
            labor contracting activity and each foreign labor contractor
            shall ascertain and disclose, to each such worker who is
            recruited for employment 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) any other employee benefit to be provided and
                    any costs to be charged for each benefit;
                        ``(F) any travel or transportation expenses to be
                    assessed;
                        ``(G) the existence of any labor organizing effort,
                    strike, lockout, or other labor dispute at the place of
                    employment;
                        ``(H) the existence of any arrangement with any
                    owner, employer, foreign contractor, or its agent where
                    such person receives a commission from the provision of
                    items or services to workers;
                        ``(I) the extent to which workers will be
                    compensated through workers' compensation, private
                    insurance, or otherwise for injuries or death,
                    including--
                                ``(i) work-related injuries and death
                            during the period of employment;
                                ``(ii) the name of the State workers'
                            compensation insurance carrier or the name of
                            the policyholder of the private insurance;
                                ``(iii) the name and the telephone number
                            of each person who must be notified of an
                            injury or death; and
                                ``(iv) the time period within which such
                            notice must be given;
                        ``(J) any education or training to be provided or
                    required, including--
                                ``(i) the nature and cost of such training;
                                ``(ii) the entity that will pay such costs;
                            and
                                ``(iii) whether the training is a condition
                            of employment, continued employment, or future
                            employment; and
                        ``(K) a statement, in a form specified by the
                    Secretary of Labor, describing the protections of this
                    Act for workers recruited abroad.
                ``(2) False or misleading information.--No foreign labor
            contractor or employer who engages in foreign labor contracting
            activity shall knowingly provide materially false or misleading
            information to any worker concerning any matter required to be
            disclosed in paragraph (1).
                ``(3) Languages.--The information required to be disclosed
            under paragraph (1) shall be provided in writing in English or,
            as necessary and reasonable, in the language of the worker
            being recruited. The Secretary 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) Fees.--A person conducting a foreign labor
            contracting activity shall not assess any fee to a worker for
            such foreign labor contracting activity.
                ``(5) Terms.--No employer or foreign labor contractor
            shall, without justification, violate the terms of any
            agreement made by that contractor or employer regarding
            employment under this program.
                ``(6) Travel costs.--The employer shall cover the costs of
            transporting the alien from the alien's home residence to the
            place of employment.
                ``(7) Other worker protections.--
                        ``(A) Notification.--Not less frequently than once
                    every 2 years, each employer shall notify the Secretary
                    of Labor of the identity of any foreign labor
                    contractor engaged by the employer in any foreign labor
                    contractor activity for, or on behalf of, the employer.
                        ``(B) Registration of foreign labor contractors.--
                                ``(i) In general.--No person shall engage
                            in foreign labor recruiting activity unless
                            such person has a certificate of registration
                            from the Secretary of Labor specifying the
                            activities that such person is authorized to
                            perform. An employer who retains the services
                            of a foreign labor contractor shall only use
                            those foreign labor contractors who are
                            registered under this subparagraph.
                                ``(ii) Issuance.--The Secretary shall
                            promulgate regulations to establish an
                            efficient electronic process for the
                            investigation and approval of an application
                            for a certificate of registration of foreign
                            labor contractors not later than 14 days after
                            such application is filed, including--
                                        ``(I) requirements under paragraphs
                                    (1), (4), and (5) of section 102 of the
                                    Migrant and Seasonal Agricultural
                                    Worker Protection Act (29 U.S.C. 1812);
                                        ``(II) an expeditious means to
                                    update registrations and renew
                                    certificates; and
                                        ``(III) any other requirements that
                                    the Secretary may prescribe.
                                ``(iii) Term.--Unless suspended or revoked,
                            a certificate under this subparagraph shall be
                            valid for 2 years.
                                ``(iv) Refusal to issue; revocation;
                            suspension.--In accordance with regulations
                            promulgated by the Secretary of Labor, the
                            Secretary may refuse to issue or renew, or may
                            suspend or revoke, a certificate of
                            registration under this subparagraph if--
                                        ``(I) the application or holder of
                                    the certification has knowingly made a
                                    material misrepresentation in the
                                    application for such certificate;
                                        ``(II) the applicant for, or holder
                                    of, the certification is not the real
                                    party in interest in the application or
                                    certificate of registration and the
                                    real party in interest--
                                                ``(aa) is a person who has
                                            been refused issuance or
                                            renewal of a certificate;
                                                ``(bb) has had a
                                            certificate suspended or
                                            revoked; or
                                                ``(cc) does not qualify for
                                            a certificate under this
                                            paragraph; or
                                        ``(III) the applicant for, or
                                    holder of, the certification has failed
                                    to comply with this Act.
                        ``(C) Remedy for violations.--An employer engaging
                    in foreign labor contracting activity and a foreign
                    labor contractor that violates the provisions of this
                    subsection shall be subject to remedies for foreign
                    labor contractor violations under subsections (k) and
                    (l). If a foreign labor contractor acting as an agent
                    of an employer violates any provision of this
                    subsection, the employer shall be subject to remedies
                    under subsections (k) and (l). An employer that
                    violates a provision of this subsection relating to
                    employer obligations shall be subject to remedies under
                    subsections (k) and (l).
                        ``(D) Employer notification.--An employer shall
                    notify the Secretary of Labor if the employer becomes
                    aware of a violation of this subsection by a foreign
                    labor recruiter.
                        ``(E) Written agreements.--A foreign labor
                    contractor may not violate the terms of any written
                    agreements made with an employer relating to any
                    contracting activity or worker protection under this
                    subsection.
                        ``(F) Bonding requirement.--The Secretary of Labor
                    may require a foreign labor contractor to post a bond
                    in an amount sufficient to ensure the protection of
                    individuals recruited by the foreign labor contractor.
                    The Secretary may consider the extent to which the
                    foreign labor contractor has sufficient ties to the
                    United States to adequately enforce this subsection.
        ``(i) Waiver of Rights Prohibited.--An H-2C nonimmigrant may not be
    required to waive any rights or protections under this Act. Nothing
    under this subsection shall be construed to affect the interpretation
    of other laws.
        ``(j) No Threatening of Employees.--It shall be a violation of this
    section for an employer who has filed a petition under this section to
    threaten the alien beneficiary of such a petition with the withdrawal
    of such a petition in retaliation for the beneficiary's exercise of a
    right protected by this Act.
        ``(k) Enforcement.--
                ``(1) In general.--The Secretary of Labor shall promulgate
            regulations for the receipt, investigation, and disposition of
            complaints by an aggrieved person respecting a violation of
            this section.
                ``(2) Filing deadline.--No investigation or hearing shall
            be conducted on a complaint concerning a violation under this
            section unless the complaint was filed not later than 12 months
            after the date of such violation.
                ``(3) Reasonable cause.--The Secretary of Labor shall
            conduct an investigation under this subsection if there is
            reasonable cause to believe that a violation of this section
            has occurred. The process established under this subsection
            shall provide that, not later than 30 days after a complaint is
            filed, the Secretary shall determine if there is reasonable
            cause to find such a violation.
                ``(4) Notice and hearing.--
                        ``(A) In general.--Not later than 60 days after the
                    Secretary of Labor makes a determination of reasonable
                    cause under paragraph (4), the Secretary shall issue a
                    notice to the interested parties and offer an
                    opportunity for a hearing on the complaint, in
                    accordance with section 556 of title 5, United States
                    Code.
                        ``(B) Complaint.--If the Secretary of Labor, after
                    receiving a complaint under this subsection, does not
                    offer the aggrieved person or organization an
                    opportunity for a hearing under subparagraph (A), the
                    Secretary shall notify the aggrieved person or
                    organization of such determination and the aggrieved
                    party or organization may seek a hearing on the
                    complaint in accordance with such section 556.
                        ``(C) Hearing deadline.--Not later than 60 days
                    after the date of a hearing under this paragraph, the
                    Secretary of Labor shall make a finding on the matter
                    in accordance with paragraph (5).
                ``(5) Attorney's fees.--A complainant who prevails with
            respect to a claim under this subsection shall be entitled to
            an award of reasonable attorney's fees and costs.
                ``(6) Power of the secretary.--The Secretary may bring an
            action in any court of competent jurisdiction--
                        ``(A) to seek remedial action, including injunctive
                    relief;
                        ``(B) to recover the damages described in
                    subsection (i); or
                        ``(C) to ensure compliance with terms and
                    conditions described in subsection (g).
                ``(7) Solicitor of labor.--Except as provided in section
            518(a) of title 28, United States Code, the Solicitor of Labor
            may appear for and represent the Secretary of Labor in any
            civil litigation brought under this subsection. All such
            litigation shall be subject to the direction and control of the
            Attorney General.
                ``(8) Procedures in addition to other rights of
            employees.--The rights and remedies provided to workers under
            this section are in addition to any other contractual or
            statutory rights and remedies of the workers, and are not
            intended to alter or affect such rights and remedies.
        ``(l) Penalties.--
                ``(1) In general.--If, after notice and an opportunity for
            a hearing, the Secretary of Labor finds a violation of
            subsection (b), (e), (f), or (g), the Secretary may impose
            administrative remedies and penalties, including--
                        ``(A) back wages;
                        ``(B) benefits; and
                        ``(C) civil monetary penalties.
                ``(2) Civil penalties.--The Secretary of Labor may impose,
            as a civil penalty--
                        ``(A) for a violation of subsection (e) or (f)--
                                ``(i) a fine in an amount not to exceed
                            $2,000 per violation per affected worker;
                                ``(ii) if the violation was willful, a fine
                            in an amount not to exceed $5,000 per violation
                            per affected worker;
                                ``(iii) if the violation was willful and if
                            in the course of such violation a United States
                            worker was harmed, a fine in an amount not to
                            exceed $25,000 per violation per affected
                            worker; and
                        ``(B) for a violation of subsection (g)--
                                ``(i) a fine in an amount not less than
                            $500 and not more than $4,000 per violation per
                            affected worker;
                                ``(ii) if the violation was willful, a fine
                            in an amount not less than $2,000 and not more
                            than $5,000 per violation per affected worker;
                            and
                                ``(iii) if the violation was willful and if
                            in the course of such violation a United States
                            worker was harmed, a fine in an amount not less
                            than $6,000 and not more than $35,000 per
                            violation per affected worker.
                ``(3) Use of civil penalties.--All penalties collected
            under this subsection shall be deposited in the Treasury in
            accordance with section 286(w).
                ``(4) Criminal penalties.--If a willful and knowing
            violation of subsection (g) causes extreme physical or
            financial harm to an individual, the person in violation of
            such subsection may be imprisoned for not more than 6 months,
            fined in an amount not more than $35,000, or both.
        ``(m) Definitions.--In this section and in sections 218A, 218C, and
    218D:
                ``(1) Aggrieved person.--The term `aggrieved person' means
            a person adversely affected by an alleged violation of this
            section, including--
                        ``(A) a worker whose job, wages, or working
                    conditions are adversely affected by the violation; and
                        ``(B) a representative for workers whose jobs,
                    wages, or working conditions are adversely affected by
                    the violation who brings a complaint on behalf of such
                    worker.
                ``(2) Area of employment.--The terms `area of employment'
            and `area of intended employment' mean the area within normal
            commuting distance of the worksite or physical location at
            which the work of the worker is or will be performed. If such
            worksite or location is within a metropolitan statistical area,
            any place within such area is deemed to be within the area of
            employment.
                ``(3) Eligible individual.--The term ```eligible
            individual''' means, with respect to employment, an individual
            who is not an unauthorized alien (as defined in section 274A)
            with respect to that employment.
                ``(4) Employ; employee; employer.--The terms `employ',
            `employee', and `employer' have the meanings given such terms
            in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
            203).
                ``(5) Foreign labor contractor.--The term `foreign labor
            contractor' means any person who for any compensation or other
            valuable consideration paid or promised to be paid, performs
            any foreign labor contracting activity.
                ``(6) Foreign labor contracting activity.--The term
            `foreign labor contracting activity' means recruiting,
            soliciting, hiring, employing, or furnishing, an individual who
            resides outside of the United States for employment in the
            United States as a nonimmigrant alien described in section
            101(a)(15)(H)(ii)(c).
                ``(7) H-2c nonimmigrant.--The term `H-2C nonimmigrant'
            means a nonimmigrant described in section 101(a)(15)(H)(ii)(c).
                ``(8) Separation from employment.--The term `separation
            from employment' means the worker's loss of employment, other
            than through a discharge for inadequate performance, violation
            of workplace rules, cause, voluntary departure, voluntary
            retirement, or the expiration of a grant or contract. The term
            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 at equivalent or
            higher compensation and benefits than the position from which
            the employee was discharged, regardless of whether the employee
            accepts the offer. Nothing in this paragraph shall limit an
            employee's rights under a collective bargaining agreement or
            other employment contract.
                ``(9) United states worker.--The term `United States
            worker' means an employee who is--
                        ``(A) a citizen or national of the United States;
                    or
                        ``(B) an alien who is--
                                ``(i) lawfully admitted for permanent
                            residence;
                                ``(ii) admitted as a refugee under section
                            207;
                                ``(iii) granted asylum under section 208;
                            or
                                ``(iv) otherwise authorized, under this Act
                            or by the Secretary of Homeland Security, to be
                            employed in the United States.''.
                (2) Clerical amendment.--The table of contents is amended
            by inserting after the item relating to section 218A, as added
            by subsection (b)(2), the following:

    ``Sec. 218B. Employer obligations.''.
        (e) Numerical Limitations.--Section 214(g)(1) (8 U.S.C. 1184(g)) is
    amended--
                (1) by striking ``(beginning with fiscal year 1992)'';
                (2) in subparagraph (B), by striking the period at the end
            and inserting ``; and''; and
                (3) by adding at the end the following:
                        ``(C) under section 101(a)(15)(H)(ii)(c), may not
                    exceed--
                                ``(i) the number of visas recommended by
                            the Commission on Immigration and the National
                            Interest created by this Act in its annual
                            report to Congress submitted on the first of
                            March every year; or
                                ``(ii) if the Commission fails to make a
                            recommendation, the number designated by the
                            Commission in the prior fiscal year.''.
        (f) Admission of Nonimmigrants.--
                (1) Presumption of nonimmigrant status.--Section 214(b) (8
            U.S.C. 1184(b)) is amended by striking ``and other than'' and
            inserting ``a nonimmigrant described in section
            101(a)(15)(H)(ii)(c)), and''.
                (2) Evidence to abandon foreign residence.--Section 214(h)
            (8 U.S.C. 1184(h)) is amended by striking ``H(i)(b) or (c),''
            and inserting ``(H)(i)(b), H(i)(c), (H)(ii)(c),''.
        (g) Rulemaking; Effective Date.--
                (1) Rulemaking.--Not later than 6 months after the date of
            the enactment of this Act, the Secretary of Labor shall
            promulgate regulations, in accordance with the notice and
            comment provisions of section 553 of title 5, United States
            Code, to carry out the provisions of sections 218A and 218B of
            the Immigration and Nationality Act, as added by this section.
                (2) Effective date.--The amendments made by subsections
            (b), (c), and section 403 shall take effect on the date that is
            1 year after the date of the enactment of this Act with regard
            to aliens, who, on such effective date, are in the foreign
            country where they maintain residence.

    SEC. 403. RECRUITMENT OF UNITED STATES WORKERS.

        (a) Electronic Job Registry.--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 statewide electronic registry of jobs available
    throughout the United States to United States workers.
        (b) Recruitment of United States Workers.--
                (1) Posting.--An employer shall attest that the employer
            has posted an employment opportunity at a prevailing wage level
            (as described in section 218B(c)(2)(C) of the Immigration and
            Nationality Act).
                (2) Records.--An employer shall maintain records for not
            less than 1 year after the date on which an H-2C nonimmigrant
            is hired that describe the reasons for not hiring any of the
            United States workers who may have applied for such position.
        (c) Oversight and Maintenance of Records.--The Secretary of Labor
    shall promulgate regulations regarding the maintenance of electronic
    job registry records for the purpose of audit or investigation.
        (d) Access to Electronic Job Registry.--The Secretary of Labor
    shall ensure that job opportunities advertised on an electronic job
    registry established under this section are accessible--
                (1) by the State workforce agencies, which may further
            disseminate job opportunity information to other interested
            parties; and
                (2) through the Internet, for access by workers, employers,
            labor organizations, and other interested parties.

    SEC. 404. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS.

        Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255)
    is amended by adding at the end the following:
        ``(n)(1) For purposes of adjustment of status under subsection (a),
    employment-based immigrant visas shall be made available to an alien
    having nonimmigrant status described in section 101(a)(15)(H)(ii)(c)
    upon the filing of a petition for such a visa--
                ``(A) by the alien's employer; or
                ``(B) by the alien, if the alien has been employed as an H-
            2C nonimmigrant in the United States for a cumulative total of
            4 years.
        ``(2) An alien applying for adjustment of status shall--
                ``(A) pay an application fee of $100, in addition to the
            fee established by the Secretary of Homeland Security to
            process an application for adjustment of status;
                ``(B) be physically present in the United States;
                ``(C) establish evidence of continuous lawful employment;
            and
                ``(D)(i) meet the requirements under section 312 of the
            Immigration and Nationality Act; or
                ``(ii) be 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.
        ``(3) An alien shall demonstrate evidence of employment.
                ``(A) An alien may conclusively establish employment status
            in compliance with paragraph (2) by submitting records to the
            Secretary that demonstrate such employment, and have been
            maintained by the Social Security Administration, the Internal
            Revenue Service, or any other Federal, State, or local
            government agency.
                ``(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 employment, 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) sworn affidavits from nonrelatives who have
                    direct knowledge of the alien's work, 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
                        ``(vi) remittance records.
                ``(C) Additional documents and restrictions.--The Secretary
            may--
                        ``(i) designate additional documents to evidence
                    employment in 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) An alien who demonstrates that the alien meets the
    requirements of 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.
        ``(5) Filing a petition under paragraph (1) on behalf of an alien
    or otherwise seeking permanent residence in the United States for such
    alien shall not constitute evidence of the alien's ineligibility for
    nonimmigrant status under section 101(a)(15)(H)(ii)(c).
        ``(6) The limitation regarding the period of authorized stay under
    section 218A(d) shall not apply to an H-2C nonimmigrant if--
                ``(A) a labor certification application filed under section
            203(b) on behalf of such alien is pending;
                ``(B) an immigrant visa petition filed under section 204(b)
            on behalf of such alien is pending; or
                ``(C) an application for adjustment of status is pending.
        ``(7) The Secretary of Homeland Security shall extend the stay of
    an alien who qualifies for an exemption under paragraph (6) in 1-year
    increments until a final decision is made on the alien's lawful
    permanent residence.
        ``(8) Nothing in this subsection shall be construed to prevent an
    alien having nonimmigrant status described in section
    101(a)(15)(H)(ii)(c) from filing an application for adjustment of
    status under this section in accordance with any other provision of
    law.''.

    SEC. 405. EMPLOYER COMPLIANCE.

        (a) Compliance Investigators.--The Secretary of Labor, subject to
    the availability of appropriations for such purpose, shall annually
    increase, by not less than 2,000, the number of positions for
    compliance investigators dedicated to enforcing compliance with this
    title, and the amendments made by this title.
        (b) Increased Penalties for Violating Employers.--Any employer of a
    nonimmigrant alien described in section 101(a)(15)(H) of the
    Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)), as amended
    by section 402, that is subject to a fine under section 16 of the Fair
    Labor Standards Act of 1938 (29 U.S.C. 216) or section 17 of the
    Occupational Safety and Health Act of 1970 (29 U.S.C. 666) for a
    violation with respect to such alien or other affected workers, shall
    be required to pay a fine equal to twice the fine that would otherwise
    be assessed under such sections.
        (c) Ensuring Employer Compliance With Federal Labor and Employment
    Laws.--
                (1) Compliance.--Section 274A(d), as amended by section
            301, is further amended--
                        (A) in paragraph (2), by adding at the end the
                    following:
                        ``(D) Misrepresentation.--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.''; and
                        (B) by adding at the end the following:
                ``(8) Coordination.--An investigation under paragraph (1)
            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. Such coordination shall include
            gathering evidence from such agencies about past and pending
            charges filed against the entity under investigation not later
            than 3 years after the commencement of the investigation.
            Evidence gathered from such agencies shall be considered in
            determining whether the entity under investigation has violated
            subsection (a).''.
                (2) Remedies.--Section 274A(i), as amended by section 301,
            is further amended by adding at the end the following:
                ``(3) Remedies.--A court may not deny back pay or any other
            monetary damages to a current or former employee based on the--
                        ``(A) failure of the employer or employee to comply
                    with the requirements of this section;
                        ``(B) violation by the employer or employee of a
                    provision of Federal law related to the Electronic
                    Employment Verification System described in subsection
                    (c) in establishing or maintaining the employment
                    relationship; or
                        ``(C) status of the employee before or after the
                    termination of employment.''.
                (3) Protection against discrimination.--Section 274B (8
            U.S.C. 1324b) is amended--
                        (A) in subsection (a)--
                                (i) 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 or the
                    discharging of the individual from employment--
                                ``(i) because of such individual's national
                            origin; or
                                ``(ii) in the case of a protected
                            individual, because of such individual's
                            citizenship status; or
                        ``(B) the compensation, terms, conditions, or
                    privileges of the employment of the individual.''; and
                                (ii) 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),'';
                        (B) in subsection (d)--
                                (i) in paragraph (1), by striking ``and,
                            based on such an investigation and subject to
                            paragraph (3), file a complaint before such a
                            judge'' and inserting ``Any such investigation
                            shall begin not later than 180 days after the
                            alleged discriminatory act. Any such complaint
                            filed with an administrative law judge shall be
                            filed not later than 1 year after the
                            commencement of the independent
                            investigation.''; and
                                (ii) by striking paragraph (3); and
                        (C) in subsection (g)(2)(B), by amending clause
                    (iii) to read as follows:
                                ``(iii)(I) to hire individuals directly and
                            adversely affected, with back pay; and
                                ``(II) to provide such other relief as the
                            administrative law judge determines appropriate
                            to make the individual whole;''.
        (d) Enforcing Workplace Safety for Immigrant Workers.--Section 6(b)
    of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)) is
    amended by adding at the end the following:
                ``(9)(A) In this paragraph, the term required personal
            protective equipment has the meaning given the term personal
            protective equipment under section 1910.132(a) of title 29,
            Code of Federal Regulations.
                ``(B)(i) Not later than 30 days after the date of the
            enactment of this Act, the Secretary shall amend section
            1910.132(a) of title 29, Code of Federal Regulations, to
            require employers to provide employees with required personal
            protective equipment at no cost to the employee.
                ``(ii) In promulgating any future standard under this
            section, the Secretary shall specify that the required personal
            protective equipment shall be provided at no cost to the
            employee.''.

    SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated such sums as may be
    necessary to carry out this title, and the amendments made by this
    title.

                 Subtitle B--Family and Employment Visa Reforms

             CHAPTER 1--FAMILY AND EMPLOYMENT BASED IMMIGRANT VISAS

    SEC. 411. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.

        (a) Worldwide Level of Family-sponsored Immigrants.--Section 201(c)
    (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
            2007.--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 fiscal years 1992 through 2007; 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 2007 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)
    (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) 140,000;
                        ``(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 of employment-based
                    immigrant visas established for the previous fiscal
                    year; and
                        ``(B) the number of visas issued under section
                    203(b), subject to this subsection, during the previous
                    fiscal year.
                ``(3) Unused visa numbers from fiscal years 1992 through
            2007.--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
                            employment-based immigrant visas established
                            for each of fiscal years 1992 through 2007; and
                                ``(ii) the number of visas issued under
                            section 203(b), subject to this subsection,
                            during such fiscal years; and
                        ``(B) the number of unused visas from fiscal years
                    1992 through 2007 that were issued after fiscal year
                    2007 under section 203(b), subject to this
                    subsection.''.
        (c) Aliens Not Subject to Direct Numerical Limitations.--Section
    201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the
    following:
                        ``(F) A derivative beneficiary as described in
                    section 203(d) of an employment-based immigrant under
                    section 203(b).
                        ``(G) Aliens with extraordinary ability in the
                    sciences, arts, education, business, or athletics which
                    has been demonstrated by sustained national or
                    international acclaim, if:
                                ``(i) the achievements of such alien have
                            been recognized in the field through extensive
                            documentation;
                                ``(ii) such alien seeks to enter the United
                            States to continue work in the area of
                            extraordinary ability; and
                                ``(iii) the entry of such alien into the
                            United States will substantially benefit
                            prospectively the United States.
                        ``(H) Aliens who have earned an advanced degree in
                    the sciences (not including the social sciences),
                    technology, engineering, or mathematics from a United
                    States institution of higher education (as defined in
                    section 1001(a) of title 20) and have been working in a
                    field related to their degree subject in the United
                    States under a nonimmigrant visa during the 2-year
                    period preceding their application for an immigrant
                    visa under section 203(b).
                        ``(I) Alien physicians who have completed service
                    requirements of a waiver or exemption requested by an
                    interested State agency or by an interested Federal
                    agency under section 214(l), including those alien
                    physicians who completed such service before the date
                    of the enactment of this subparagraph.
                        ``(J) Aliens who are eligible for adjustment of
                    status under section 245(n)(1) as an alien who
                    described in section 101(a)(15)(H)(ii)(c).''
        (d) Requirement to Satisfy Eligibility Requirements.--Section 203
    (8 U.S.C. 1153) is amended by adding at the end the following new
    subsection:
        ``(i) Requirement to Satisfy Eligibility Requirements.--
    Notwithstanding the inapplicability of the worldwide levels specified
    in sections 201(c) and (d) to aliens described in section 201(b)(1),
    aliens described in section 201(b)(1) (H) and (I) must satisfy the
    requirements for eligibility for an immigrant visa under one of the
    preference categories under subsection (b).''.
        (e) Discretionary National Interest Pool.--The discretionary
    national interest pool is the number that is the average of the
    difference between--
                (1) the number of legal immigrant visas issued annually
            from fiscal year 1995 through fiscal year 2010; and
                (2) the number of legal immigrant visas issued annually
            plus unauthorized entries estimated annually by the Secretary
            of Homeland Security from fiscal year 1995 through fiscal year
            2010.
        (f) Applicability.--The amendments made by subsection (c) shall
    apply to any immigrant petition or immigrant visa application--
                (1) pending on the date of the enactment of this Act; or
                (2) filed on or after such date of enactment.
        (g) Elimination of the EB-1A Preference Category.--Section
    203(b)(1) (8 U.S.C. 1153(b)(1)) is amended--
                (1) by striking subparagraph (A); and
                (2) by redesignating subparagraphs (B) and (C) as
            subparagraphs (A) and (B), respectively.
        (h) Effective Date.--The amendments made by this section shall take
    effect on the first day of the first fiscal year that commences no
    earlier than 9 months after the date of the enactment of the
    Comprehensive Immigration Reform Act of 2010.

    SEC. 412. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LEGAL
                  PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.

        (a) In General.--Section 201(b)(2) (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. In the case of an alien who was
                            the spouse of a citizen of the United States
                            and was not legally separated from the citizen
                            at the time of the citizen'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 death but only if the spouse
                            files a petition under section 204(a)(1)(A)(ii)
                            within 2 years after such date and only until
                            the date the spouse remarries. For purposes of
                            this clause, an alien who has filed a petition
                            under clause (iii) or (iv) of section
                            204(a)(1)(A) of this Act remains an immediate
                            relative in the event that the United States
                            citizen or lawful permanent resident spouse or
                            parent loses United States citizenship on
                            account of the abuse.''.
        (b) Allocation of Immigrant Visas.--Section 203(a) (8 U.S.C.
    1153(a)) is amended--
                (1) in paragraph (1), by striking ``23,400'' and inserting
            ``127,200'';
                (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 80,640, plus any
            visas not required for the class specified in paragraph (1).'';
                (3) in paragraph (3), by striking ``23,400'' and inserting
            ``80,640''; and
                (4) in paragraph (4), by striking ``65,000'' and inserting
            ``191,520''.
        (c) Technical and Conforming Amendments.--
                (1) Rules for determining whether certain aliens are
            immediate relatives.--Section 201(f) (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 (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), 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) (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).''; 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
            (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)''.
        (d) Country Limit.--Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is
    amended to read as follows:
                ``(2) Per country levels for family-sponsored and
            employment-based immigrants.--Subject to paragraphs (3), (4),
            and (5) the total number of immigrant visas made available to
            natives of any single foreign state under subsection (a) of
            section 203 in any fiscal year may not exceed 15 percent of the
            total number of such visas made available under such subsection
            in that fiscal year.''.

    SEC. 413. PROMOTING FAMILY UNITY.

        (a) Unlawfully Present Aliens.--Section 212(a)(9) (8 U.S.C.
    1182(a)(9)) is amended--
                (1) by striking subparagraph (B) and inserting the
            following:
                        ``(B) Aliens unlawfully present.--
                                ``(i) In general.--Subject to the
                            provisions of clause (iii), any alien (other
                            than an alien lawfully admitted for permanent
                            residence) who has been unlawfully present in
                            the United States for one year or more is
                            inadmissible until such time as the alien
                            departs or is removed and remains outside of
                            the United States for a period of 3 consecutive
                            years.
                                ``(ii) Construction of unlawful presence.--
                            For purposes of this paragraph, an alien is
                            deemed to be unlawfully present in the United
                            States if the alien is present in the United
                            States after the expiration of the period of
                            stay authorized by the Secretary or is present
                            in the United States without being admitted or
                            paroled.
                                ``(iii) Exceptions.--
                                        ``(I) Minors.--No period of time in
                                    which an alien is under 21 years of age
                                    shall be taken into account in
                                    determining the period of unlawful
                                    presence in the United States under
                                    clause (i).
                                        ``(II) Asylees.--No period of time
                                    in which an alien has a bona fide
                                    application for asylum pending under
                                    section shall be taken into account in
                                    determining the period of unlawful
                                    presence in the United States under
                                    clause (i) unless the alien during such
                                    period was employed without
                                    authorization in the United States.
                                        ``(III) Family unity.--No period of
                                    time in which the alien is a
                                    beneficiary of family unity protection
                                    pursuant to section of the Immigration
                                    Act of 1990 shall be taken into account
                                    in determining the period of unlawful
                                    presence in the United States under
                                    clause (I).
                                        ``(IV) Battered women and
                                    children.--Clause (i) shall not apply
                                    to an alien who would be described in
                                    paragraph (6)(A)(ii) if `violation of
                                    the terms of the alien's nonimmigrant
                                    visa' were substituted for `unlawful
                                    entry into the United States' in
                                    subclause (III) of that paragraph.
                                        ``(V) Trafficking victims.--Clause
                                    (i) shall not apply to an alien who
                                    demonstrates that the severe form of
                                    trafficking (as that term is defined in
                                    section 103 of the Trafficking Victims
                                    Protection Act of 2000 (22 U.S.C.
                                    7102)) was at least one central reason
                                    for the alien's unlawful presence in
                                    the United States.
                                        ``(VI) Immigrant visas.--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 Comprehensive
                                    Immigration Reform Act of 2011, and is
                                    otherwise admissible to the United
                                    States for permanent residence.
                                        ``(VII) Unlawful presence prior to
                                    the cir act of 2010.--Any unlawful
                                    presence accrued by an alien as of the
                                    date of enactment of this Comprehensive
                                    Immigration Reform Act of 2011 shall
                                    not be considered unlawful presence for
                                    the purpose of this subparagraph if
                                    such alien was as of the date of
                                    enactment of this Comprehensive
                                    Immigration Reform Act of 2011--
                                                ``(aa) the beneficiary of a
                                            pending or approved petition
                                            for classification as an
                                            immediate relative (as
                                            described in section
                                            201(b)(2));
                                                ``(bb) the beneficiary of a
                                            pending or approved petition
                                            under section 203(a) or (b); or
                                                ``(cc) a derivative
                                            beneficiary of a pending or
                                            approved petition for
                                            classification as an immediate
                                            relative or under section
                                            203(a) or (b).
                                ``(iv) Tolling for good cause.--In the case
                            of an alien who--
                                        ``(I) has been lawfully admitted or
                                    paroled into the United States;
                                        ``(II) has filed a nonfrivolous
                                    application for a change or extension
                                    of status before the date of expiration
                                    of the period of stay authorized by the
                                    Secretary; and
                                        ``(III) has not been employed
                                    without authorization in the United
                                    States before or during the pendency of
                                    such application, the calculation of
                                    the period of time specified in clause
                                    (i)(I) shall be tolled during the
                                    pendency of such application, but not
                                    to exceed 120 days.
                                ``(v) Waiver.--The Secretary has sole
                            discretion to waive clause (i) in the case of
                            an immigrant who is the spouse, son, daughter
                            or parent of a United States citizen or of an
                            alien lawfully admitted for permanent
                            residence, if it is established to the
                            satisfaction of the Secretary that the refusal
                            of admission to such immigrant alien would
                            result in hardship to the alien or to the
                            citizen or lawfully resident spouse, son,
                            daughter, or parent of such alien or if the
                            Secretary determines in her unreviewable
                            discretion that a waiver is necessary for
                            humanitarian purposes or the public interest or
                            to ensure family unity in the case of an alien
                            who is eligible for an immigrant visa under
                            section 201 or 203. Clause (i) may also be
                            waived by the Secretary, in her sole and
                            unreviewable discretion, if she permits the
                            alien to depart the United States voluntarily
                            pursuant to section 240B(a)(1). No court shall
                            have jurisdiction to review a decision or
                            action by the Attorney General regarding a
                            waiver under this clause.''; and
                (2) by striking subparagraph (C).
        (b) False Claims and Misrepresentations.--Title II (8 U.S.C. 1151
    et seq.) is amended--
                (1) in section 212 (8 U.S.C. 1182)--
                        (A) in subsection (a)(6)(C)--
                                (i) in clause (ii), by inserting ``and
                            willfully'' after ``falsely'' each place such
                            term appears; and
                                (ii) in clause (iii), by striking ``of
                            clause (i)''; and
                        (B) in subsection (i), by amending paragraph (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) if it
            is established to the satisfaction of the Attorney General or
            the Secretary that the refusal of admission to the United
            States would--
                        ``(A) result in extreme hardship to the alien or,
                    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, to the
                    citizen or lawfully resident parent, spouse, son, or
                    daughter; or
                        ``(B) in the case of a VARA self-petitioner, result
                    in significant hardship to the alien or the alien's
                    United States citizen, lawful permanent resident, or
                    qualified alien parent or child.''; and
                (2) 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.

    SEC. 414. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL OR
                  DEPORTATION OF CITIZEN AND RESIDENT IMMEDIATE FAMILY
                  MEMBERS.

        Section 240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended by adding at
    the end the following:
                        ``(D) Judicial discretion.--In the case of an alien
                    subject to removal, deportation, or exclusion, 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 against the
                    public interest or would result in hardship to the
                    alien's United States citizen or permanent resident
                    parent, spouse or child except that this subparagraph
                    shall not apply to an alien whom the judge determines--
                                ``(i) is described in subparagraphs (B),
                            (C), (D)(ii), (E), (H), (I), or (J) of section
                            212(a)(2);
                                ``(ii) is described in section 212(a)(3);
                                ``(iii) subparagraphs (A), (C), or (D) of
                            section 212(a)(10);
                                ``(iv) is described in section 237(a)(4);
                            or
                                ``(v) 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. 415. MILITARY FAMILIES.

        (a) In General.--The Secretary or the Attorney General shall adjust
    the status of an alien described in subsection (b) to that of an alien
    lawfully admitted for permanent residence if the alien--
                (1) applies for such adjustment;
                (2) is admissible to the United States as an immigrant,
            except as provided in subsection (d);
                (3) pays a fee in an amount determined by the Secretary for
            the processing of such application (unless such fee is waived
            by the Secretary); and
                (4) is physically present in the United States.
        (b) Aliens Eligible for Adjustment of Status.--The benefits
    provided under subsection (a) shall only apply to an alien who is--
                (1) a parent, spouse, child, son, or daughter (and their
            spouse, child, son, or daughter, if any) of--
                        (A) a living Armed Forces member described in
                    subsection (c); or
                        (B) a deceased Armed Forces member described in
                    subsection (c) if--
                                (i) the Armed Forces member died as a
                            result of injury or disease incurred in or
                            aggravated by the Armed Forces member's
                            service; and
                                (ii) the alien applies for such
                            adjustment--
                                        (I) if the death of the Armed
                                    Forces member occurred prior to the
                                    date of the enactment of this Act, not
                                    later than 2 years after the date of
                                    such enactment; or
                                        (II) if the death of the Armed
                                    Forces member occurred after the date
                                    of the enactment of this Act, not later
                                    than 2 years after the death of the
                                    Armed Forces member; or
                (2) a son or daughter described in paragraph (1) or (3) of
            section 203(a) of the Immigration and Nationality Act (8 U.S.C.
            1153(a)) who has a Filipino parent who was naturalized pursuant
            to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440
            note).
        (c) Armed Forces Member Defined.--In this section, the term ``Armed
    Forces member'' means any person who--
                (1) is, or was at the time of the person's death described
            in subsection (b)(1)(B)(i), a United States citizen or lawfully
            admitted for permanent residence;
                (2) is serving, or has served honorably on or after October
            7, 2001, as a member of the National Guard or the Selected
            Reserve of the Ready Reserve, or in an active-duty status in
            the military, air, or naval forces of the United States; and
                (3) if separated from the service described in paragraph
            (2), was separated under honorable conditions.
        (d) Waiver of Certain Grounds of Inadmissibility.--
                (1) In general.--The provisions of paragraphs (4), (5),
            (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration
            and Nationality Act (8 U.S.C. 1182(a)) shall not apply to
            adjustment of status under this Act.
                (2) Additional waivers.--The Secretary of Homeland Security
            or the Attorney General may waive any other provision of
            section 212(a) of such Act (other than paragraph (2)(C) and
            subparagraphs (A), (B), (C), (E), and (F) of paragraph (3))
            with respect to an adjustment of status under this Act--
                        (A) for humanitarian purposes;
                        (B) to assure family unity; or
                        (C) if such waiver is otherwise in the public
                    interest.
        (e) Record of Adjustment.--Upon the approval of an application for
    adjustment of status under this Act, the Secretary of Homeland Security
    shall create a record of the alien's admission as an alien lawfully
    admitted for permanent residence.
        (f) No Offset in Number of Visas Available.--
                (1) In general.--If an alien is lawfully admitted for
            permanent residence under this Act, the Secretary of State
            shall not reduce the number of immigrant visas authorized to be
            issued under the Immigration and Nationality Act (8 U.S.C. 1101
            et seq.).
                (2) Exemption from direct numerical limitations.--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 described in paragraph (1) or
                    (3) of section 203(a) and have a Filipino parent who
                    was naturalized pursuant to section 405 of the
                    Immigration Act of 1990 (8 U.S.C. 1440 note).''.

    SEC. 416. EQUAL TREATMENT FOR ALL STEPCHILDREN.

        Section 101(b)(1)(B) (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. 417. WIDOWS, WIDOWERS, AND ORPHANS.

        (a) Protection for Certain Surviving Relatives.--Section 204(l)(1)
    (8 U.S.C. 1154(l)(1) is amended by adding at the end the following:
    ``An alien is not required to reside in the United States to qualify to
    have his or her petition or application adjudicated under this
    paragraph if the alien is described in subparagraph (A), (B), or (C) of
    paragraph (2) and his or her priority date was current at the time of
    the qualifying relative's death or is described in subparagraph (D),
    (E), or (F) of paragraph (2).''
                ``(1) In general.--An alien described in paragraph (2) who
            resided in the United States at the time of the death of the
            qualifying relative and who continues to reside in the United
            States''.
        (b) Continued Waiver Eligibility for Widows, Widowers, and
    Orphans.--Section 212(a)(1)(B) (8 U.S.C. 1182(a)(1)(B)) is amended to
    read as follows:
                        ``(B) Waiver for widows, widowers, and orphans.--An
                    alien who would have been statutorily eligible for a
                    waiver of inadmissibility under this Act, if his or her
                    qualifying relative had not died, may be considered for
                    any waiver under this Act notwithstanding such death,
                    which shall constitute the functional equivalent of
                    extreme hardship to the qualifying relative.''.
        (c) Naturalization of Surviving Relatives.--Section 319(a) (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''.

    SEC. 418. FIANCE CHILD STATUS PROTECTION.

        (a) Definition.--Section 101(a)(15)(K)(iii) (8 U.S.C.
    1101(a)(15)(K)(iii)) is amended by inserting ``, provided that 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 fiance 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));'' before the semicolon at the end.
        (b) Adjustment of Status Authorized.--Section 214(d) (8 U.S.C.
    1184(d)(1)) is amended--
                (1) by redesignating paragraphs (2) and (3) as paragraphs
            (3) and (4), respectively; and
                (2) in paragraph (1), by striking ``In the event'' and
            inserting 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) (8 U.S.C. 1155(d)) is
    amended--
                (1) by inserting ``(1)'' before ``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 fiance 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 subsection
            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 subsection
            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 subparagraph
            (B)(ii) shall be granted if such motion is filed with the
            Secretary or the Attorney General not later than 2 years after
            the date of the enactment of this Act.

    SEC. 419. SPECIAL HUMANITARIAN VISAS.

        Section 103 (8 U.S.C. 1103) is amended by adding at the end the
    following:
        ``(i) Authority to Waive Eligibility Requirements for Special
    Humanitarian Considerations.--Notwithstanding any other provision of
    law, the Secretary of Homeland Security may waive any requirements
    under this Act on behalf of not more than 1,000 aliens whose
    circumstances involve special humanitarian considerations.''.

    SEC. 420. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS FROM
                  THE PHILIPPINES.

        Section 201(b)(1) (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. 420A. 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 marital 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 the
                    Comprehensive Immigration Reform Act of 2011; 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. 420B. AFFIDAVIT OF SUPPORT.

        Section 213A (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. 420C. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

        (a) Adjustment of Status.--
                (1) In general.--Section 245 (8 U.S.C. 1255), as amended by
            section 404, is further amended by adding at the end the
            following:
        ``(o) 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 ``Notwithstanding any other
                    provisions of law,'' and inserting the following:
        ``(c) 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:
                        ``(C) 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. 420D. 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 post-conflict 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 post-
    conflict 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:

    ``Sec. 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)), as amended by section 517, is further amended by adding
    at the end the following:
                        ``(O) 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 post-conflict 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 post-conflict 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.

                    CHAPTER 2--UNITING AMERICAN FAMILIES ACT

    SEC. 421. SHORT TITLE.

        This chapter may be cited as the ``Uniting American Families Act of
    2010''.

    SEC. 422. DEFINITIONS.

        (a) Permanent Partner and Permanent Partnership.--Section 101(a) (8
    U.S.C. 1101(a)) is amended by adding at the end the following:
                ``(52) The term `permanent partner' means an individual 18
            years of age or older who--
                        ``(A) is in a committed, intimate relationship with
                    another individual 18 years of age or older in which
                    both parties intend a lifelong commitment;
                        ``(B) is financially interdependent with that other
                    individual;
                        ``(C) is not married to or in a permanent
                    partnership with anyone other than that other
                    individual;
                        ``(D) is unable to contract with that other
                    individual a marriage cognizable under this Act; and
                        ``(E) is not a first, second, or third degree blood
                    relation of that other individual.
                ``(53) The term `permanent partnership' means the
            relationship that exists between 2 permanent partners.
                ``(54) The term `alien permanent partner' means the
            individual in a permanent partnership who is being sponsored
            for a visa.''.
        (b) Derivative Status for Permanent Partners of Nonimmigrant Visa
    Holders.--Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended--
                (1) in subparagraph (E), by inserting ``or permanent
            partner'' after ``spouse'';
                (2) in subparagraph (F)(ii), by inserting ``or permanent
            partner'' after ``spouse'';
                (3) in subparagraph (G)(i), by inserting ``, which shall
            include his or her permanent partner'' after ``members of his
            or their immediate family'';
                (4) in subparagraph (G)(ii), by inserting ``, which shall
            include permanent partners,'' after ``the members of their
            immediate families'';
                (5) in subparagraph (G)(iii), by inserting ``, which shall
            include his permanent partner,'' after ``the members of his
            immediate family'';
                (6) in subparagraph (G)(iv), by inserting ``, which shall
            include permanent partners'' after ``the members of their
            immediate families'';
                (7) in subparagraph (G)(v), by inserting ``, which shall
            include permanent partners'' after ``the members of the
            immediate families'';
                (8) in subparagraph (H)(iii), by inserting ``or permanent
            partner'' after ``spouse'';
                (9) in subparagraph (I), by inserting ``or permanent
            partner'' after ``spouse'';
                (10) in subparagraph (J), by inserting ``or permanent
            partner'' after ``spouse'';
                (11) in subparagraph (K)(ii), by inserting ``or permanent
            partnership'' after ``marriage'';
                (12) in subparagraph (L), by inserting ``or permanent
            partner'' after ``spouse'';
                (13) in subparagraph (M)(ii), by inserting ``or permanent
            partner'' after ``spouse'';
                (14) in subparagraph (O)(iii), by inserting ``or permanent
            partner'' after ``spouse'';
                (15) in subparagraph (P)(iv), by inserting ``or permanent
            partner'' after ``spouse'';
                (16) in subparagraph (Q)(ii)(II), by inserting ``or
            permanent partner'' after ``spouse'';
                (17) in subparagraph (R), by inserting ``or permanent
            partner'' after ``spouse'';
                (18) in subparagraph (S), by inserting ``or permanent
            partner'' after ``spouse'';
                (19) in subparagraph (T)(ii)(I), by inserting ``or
            permanent partner'' after ``spouse'';
                (20) in subparagraph (T)(ii)(II), by inserting ``or
            permanent partner'' after ``spouse'';
                (21) in subparagraph (U)(ii)(I), by inserting ``or
            permanent partner'' after ``spouse'';
                (22) in subparagraph (U)(ii)(II), by inserting ``or
            permanent partner'' after ``spouse''; and
                (23) in subparagraph (V), by inserting ``permanent partner
            or'' after ``beneficiary (including a''.
        (c) Child.--Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended by
    adding at the end the following:
                        ``(H)(i) a biological child of an alien permanent
                    partner if the child was under the age of 18 at the
                    time the permanent partnership was formed; or
                        ``(ii) a child adopted by an alien permanent
                    partner while under the age of 16 years if the child
                    has been in the legal custody of, and has resided with,
                    such adoptive parent for at least 2 years and if the
                    child was under the age of 18 at the time the permanent
                    partnership was formed.''.

    SEC. 423. AVAILABILITY OF IMMIGRANT VISAS FOR PERMANENT PARTNERS.

        (a) Worldwide Level of Immigration.--Section 201(b)(2)(A)(i) (8
    U.S.C. 1151(b)(2)(A)(i)) is amended--
                (1) by inserting ``permanent partners,'' after
            ``spouses,'';
                (2) by inserting ``or permanent partner'' after ``spouse''
            each place it appears;
                (3) by inserting ``(or, in the case of a permanent
            partnership, whose permanent partnership was not terminated)''
            after ``was not legally separated from the citizen''; and
                (4) by striking ``remarries.'' and inserting ``remarries or
            enters a permanent partnership with another person.''.
        (b) Numerical Limitations on Individual Foreign States.--
                (1) Per country levels.--Section 202(a)(4) (8 U.S.C.
            1152(a)(4)) is amended--
                        (A) in the heading, by inserting ``, permanent
                    partners,'' after ``spouses'';
                        (B) in the heading of subparagraph (A), by
                    inserting ``, permanent partners,'' after ``spouses'';
                    and
                        (C) in the heading of subparagraph (C), by striking
                    ``and daughters'' inserting ``without permanent
                    partners and unmarried daughters without permanent
                    partners''.
                (2) Rules for chargeability.--Section 202(b)(2) (8 U.S.C.
            1152(b)(2)) is amended--
                        (A) by inserting ``or permanent partner'' after
                    ``spouse'' each place it appears; and
                        (B) by inserting ``or permanent partners'' after
                    ``husband and wife''.
        (c) Allocation of Immigrant Visas.--
                (1) Preference allocation for family members of permanent
            resident aliens.--Section 203(a)(2) (8 U.S.C. 1153(a)(2)) is
            amended--
                        (A) in the heading--
                                (i) by striking ``and'' after ``spouses''
                            and inserting , ``permanent partners,''; and
                                (ii) by inserting ``without permanent
                            partners'' after ``sons'' and after
                            ``daughters'';
                        (B) in subparagraph (A), by inserting ``, permanent
                    partners,'' after ``spouses''; and
                        (C) in subparagraph (B), by inserting ``without
                    permanent partners'' after ``sons'' and after
                    ``daughters''.
                (2) Preference allocation for sons and daughters of
            citizens.--Section 203(a)(3) (8 U.S.C. 1153(a)(3)) is amended--
                        (A) in the heading, by inserting ``and daughters
                    and sons with permanent partners'' after ``daughters'';
                    and
                        (B) by inserting ``, or daughters or sons with
                    permanent partners,'' after ``daughters''.
                (3) Employment creation.--Section 203(b)(5)(A)(ii) (8
            U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting ``permanent
            partner,'' after ``spouse,''.
                (4) Treatment of family members.--Section 203(d) (8 U.S.C.
            1153(d)) is amended by inserting ``, permanent partner,'' after
            ``spouse'' each place it appears.

    SEC. 423A. PROCEDURE FOR GRANTING IMMIGRANT STATUS.

        (a) Classification Petitions.--Section 204(a)(1) (8 U.S.C.
    1154(a)(1)) is amended--
                (1) in subparagraph (A)(ii), by inserting ``or permanent
            partner'' after ``spouse'';
                (2) in subparagraph (A)(iii)--
                        (A) by inserting ``or permanent partner'' after
                    ``spouse'' each place it appears; and
                        (B) in subclause (I), by inserting ``or permanent
                    partnership'' after ``marriage'' each place it appears;
                (3) in subparagraph (A)(v)(I), by inserting ``permanent
            partner,'' after ``is the spouse,'';
                (4) in subparagraph (A)(vi)--
                        (A) by inserting ``or termination of the permanent
                    partnership'' after ``divorce''; and
                        (B) by inserting ``, permanent partner,'' after
                    ``spouse''; and
                (5) in subparagraph (B)--
                        (A) by inserting ``or permanent partner'' after
                    ``spouse'' each place it appears;
                        (B) by inserting ``or permanent partnership'' after
                    ``marriage'' in clause (ii)(I)(aa) and the first place
                    it appears in clause (ii)(I)(bb); and
                        (C) in clause (ii)(II)(aa)(CC)(bbb), by inserting
                    ``(or the termination of the permanent partnership)''
                    after ``termination of the marriage''.
        (b) Immigration Fraud Prevention.--Section 204(c) (8 U.S.C.
    1154(c)) is amended--
                (1) by inserting ``or permanent partner'' after ``spouse''
            each place it appears; and
                (2) by inserting ``or permanent partnership'' after
            ``marriage'' each place it appears.

    SEC. 424. ADMISSION OF REFUGEES AND ASYLEES.

        (a) Annual Admission of Refugees and Admission of Emergency
    Situation Refugees.--Section 207(c) (8 U.S.C. 1157(c)) is amended--
                (1) in paragraph (2)--
                        (A) by inserting ``or permanent partner'' after
                    ``spouse'' each place it appears; and
                        (B) by inserting ``or permanent partner's'' after
                    ``spouse's''; and
                (2) in paragraph (4), by inserting ``or permanent partner''
            after ``spouse''.
        (b) Asylum.--Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended--
                (1) in the heading, by inserting ``or permanent partner''
            after ``spouse''; and
                (2) in the text, by inserting ``or permanent partner''
            after ``spouse''.
        (c) Adjustment of Status of Refugees.--Section 209(b)(3) (8 U.S.C.
    1159(b)(3)) is amended by inserting ``or permanent partner'' after
    ``spouse''.

    SEC. 425. INADMISSIBLE AND DEPORTABLE ALIENS.

        (a) Classes of Aliens Ineligible for Visas or Admission.--Section
    212(a) (8 U.S.C. 1182(a)) is amended--
                (1) in paragraph (3)(D)(iv), by inserting ``permanent
            partner,'' after ``spouse,'';
                (2) in paragraph (4)(C)(i)(I), by inserting ``, permanent
            partner,'' after ``spouse,'';
                (3) in paragraph (6)(E)(ii), by inserting ``permanent
            partner,'' after ``spouse,''; and
                (4) in paragraph (9)(B)(v), by inserting ``, permanent
            partner,'' after ``spouse,''.
        (b) Waivers.--Section 212(d) (8 U.S.C. 1182(d)) is amended--
                (1) in paragraph (11), by inserting ``permanent partner,''
            after ``spouse,''; and
                (2) in paragraph (12), by inserting ``, permanent
            partner,'' after ``spouse''.
        (c) Waivers of Inadmissibility on Health-related Grounds.--Section
    212(g)(1)(A) (8 U.S.C. 1182(g)(1)(A)) is amended by inserting ``or
    permanent partner'' after ``spouse''.
        (d) Waivers of Inadmissibility on Criminal and Related Grounds.--
    Section 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is amended by inserting
    ``permanent partner,'' after ``spouse,''.
        (e) Waiver of Inadmissibility for Misrepresentation.--Section
    212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by inserting ``permanent
    partner,'' after ``spouse,''.
        (f) Deportable Aliens.--Section 237(a) of the Immigration and
    Nationality Act (8 U.S.C. 1227(a)) is amended--
                (1) in paragraph (1)(D)(i), by inserting ``or permanent
            partners'' after ``spouses'' each place it appears;
                (2) in paragraphs (1)(E)(ii), (1)(E)(iii), and
            (1)(H)(i)(I), by inserting ``or permanent partner'' after
            ``spouse'';
                (3) by adding at the end of paragraph (1) the following new
            subparagraph:
                        ``(I) Permanent partnership fraud.--An alien shall
                    be considered to be deportable as having procured a
                    visa or other documentation by fraud (within the
                    meaning of section 212(a)(6)(C)(i)) and to be in the
                    United States in violation of this Act (within the
                    meaning of subparagraph (B)) if--
                                ``(i) the alien obtains any admission to
                            the United States with an immigrant visa or
                            other documentation procured on the basis of a
                            permanent partnership entered into less than 2
                            years prior to such admission and which, within
                            2 years subsequent to such admission, is
                            terminated because the criteria for permanent
                            partnership are no longer fulfilled, unless the
                            alien establishes to the satisfaction of the
                            Secretary of Homeland Security that such
                            permanent partnership was not contracted for
                            the purpose of evading any provisions of the
                            immigration laws; or
                                ``(ii) it appears to the satisfaction of
                            the Secretary of Homeland Security that the
                            alien has failed or refused to fulfill the
                            alien`s permanent partnership which in the
                            opinion of the Secretary of Homeland Security
                            was made for the purpose of procuring the
                            alien's admission as an immigrant.'' and
                (4) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting
            ``or permanent partner'' after ``spouse'' each place it
            appears.

    SEC. 426. NONIMMIGRANT AND CONDITIONAL PERMANENT RESIDENT STATUS.

        (a) Nonimmigrant Status for Permanent Partners Awaiting the
    Availability of an Immigrant Visa.--Section 214(r) (8 U.S.C. 1184(r))
    is amended--
                (1) in paragraph (1), by inserting ``or permanent partner''
            after ``spouse''; and
                (2) by inserting ``or permanent partnership'' after
            ``marriage'' each place it appears.
        (b) Conditional Permanent Resident Status for Certain Alien
    Spouses, Permanent Partners, and Sons and Daughters.--
                (1) Section heading.--
                        (A) In general.--The heading for section 216 (8
                    U.S.C. 1186a) is amended by inserting ``and permanent
                    partners'' after ``spouses''.
                        (B) Clerical amendment.--The table of contents is
                    amended by amending the item relating to section 216 to
                    read as follows:

    ``Sec. 216. Conditional permanent resident status for certain alien
                                spouses and permanent partners and sons and
                                daughters.''.
                (2) In general.--Section 216(a) (8 U.S.C. 1186a(a)) is
            amended--
                        (A) in paragraph (1), by inserting ``or permanent
                    partner'' after ``spouse'';
                        (B) in paragraph (2)(A), by inserting ``or
                    permanent partner'' after ``spouse'';
                        (C) in paragraph (2)(B), by inserting ``permanent
                    partner,'' after ``spouse,''; and
                        (D) in paragraph (2)(C), by inserting ``permanent
                    partner,'' after ``spouse,''.
                (3) Termination of status if finding that qualifying
            marriage improper.--Section 216(b) of such Act (8 U.S.C.
            1186a(b)) is amended--
                        (A) in the heading, by inserting ``or Permanent
                    Partnership'' after ``Marriage'';
                        (B) in paragraph (1)(A), by inserting ``or
                    permanent partnership'' after ``marriage''; and
                        (C) in paragraph (1)(A)(ii)--
                                (i) by inserting ``or has ceased to satisfy
                            the criteria for being considered a permanent
                            partnership under this Act,'' after
                            ``terminated,''; and
                                (ii) by inserting ``or permanent partner''
                            after ``spouse''.
                (4) Requirements of timely petition and interview for
            removal of condition.--Section 216(c) (8 U.S.C. 1186a(c)) is
            amended--
                        (A) in paragraphs (1), (2)(A)(ii), (3)(A)(ii),
                    (3)(C), (4)(B), and (4)(C), by inserting ``or permanent
                    partner'' after ``spouse'' each place it appears; and
                        (B) in paragraph (3)(A), in the matter following
                    clause (ii), and in paragraph (3)(D), (4)(B), and
                    (4)(C), by inserting ``or permanent partnership'' after
                    ``marriage'' each place it appears.
                (5) Contents of petition.--Section 216(d)(1) of such Act (8
            U.S.C. 1186a(d)(1)) is amended--
                        (A) in the heading of subparagraph (A), by
                    inserting ``or permanent partnership'' after
                    ``marriage'';
                        (B) in subparagraph (A)(i), by inserting ``or
                    permanent partnership'' after ``marriage'';
                        (C) in subparagraph (A)(i)(I), by inserting before
                    the comma at the end ``, or is a permanent partnership
                    recognized under this Act'';
                        (D) in subparagraph (A)(i)(II)--
                                (i) by inserting ``or has not ceased to
                            satisfy the criteria for being considered a
                            permanent partnership under this Act,'' after
                            ``terminated,''; and
                                (ii) by inserting ``or permanent partner''
                            after ``spouse'';
                        (E) in subparagraph (A)(ii), by inserting ``or
                    permanent partner'' after ``spouse''; and
                        (F) in subparagraph (B)(i)--
                                (i) by inserting ``or permanent
                            partnership'' after ``marriage''; and
                                (ii) by inserting ``or permanent partner''
                            after ``spouse''.
                (6) Definitions.--Section 216(g) (8 U.S.C. 1186a(g)) is
            amended--
                        (A) in paragraph (1)--
                                (i) by inserting ``or permanent partner''
                            after ``spouse'' each place it appears; and
                                (ii) by inserting ``or permanent
                            partnership'' after ``marriage'' each place it
                            appears;
                        (B) in paragraph (2), by inserting ``or permanent
                    partnership'' after ``marriage'';
                        (C) in paragraph (3), by inserting ``or permanent
                    partnership'' after ``marriage''; and
                        (D) in paragraph (4)--
                                (i) by inserting ``or permanent partner''
                            after ``spouse'' each place it appears; and
                                (ii) by inserting ``or permanent
                            partnership'' after ``marriage''.
        (c) Conditional Permanent Resident Status for Certain Alien
    Entrepreneurs, Spouses, Permanent Partners, and Children.--
                (1) Section heading.--
                        (A) In general.--The heading for section 216A (8
                    U.S.C. 1186b) is amended by inserting ``or permanent
                    partners'' after ``spouses''.
                        (B) Clerical amendment.--The table of contents is
                    amended by amending the item relating to section 216A
                    to read as follows:

    ``Sec. 216A. Conditional permanent resident status for certain alien
                                entrepreneurs, spouses or permanent
                                partners, and children.''.
                (2) In general.--Section 216A(a) (8 U.S.C. 1186b(a)) is
            amended, in paragraphs (1), (2)(A), (2)(B), and (2)(C), by
            inserting ``or permanent partner'' after ``spouse'' each place
            it appears.
                (3) Termination of status if finding that qualifying
            entrepreneurship improper.--Section 216A(b)(1) (8 U.S.C.
            1186b(b)(1)) is amended by inserting ``or permanent partner''
            after ``spouse'' in the matter following subparagraph (C).
                (4) Requirements of timely petition and interview for
            removal of condition.--Section 216A(c) (8 U.S.C. 1186b(c)) is
            amended, in paragraphs (1), (2)(A)(ii), and (3)(C), by
            inserting ``or permanent partner'' after ``spouse''.
                (5) Definitions.--Section 216A(f)(2) (8 U.S.C. 1186b(f)(2))
            is amended by inserting ``or permanent partner'' after
            ``spouse'' each place it appears.

    SEC. 427. REMOVAL, CANCELLATION OF REMOVAL, AND ADJUSTMENT OF STATUS.

        (a) Removal Proceedings.--Section 240 (8 U.S.C. 1229a) is amended--
                (1) in the heading of subsection (c)(7)(C)(iv), by
            inserting ``permanent partners,'' after ``spouses,''; and
                (2) in subsection (e)(1), by inserting ``or permanent
            partner'' after ``spouse''.
        (b) Cancellation of Removal; Adjustment of Status.--Section 240A(b)
    (8 U.S.C. 1229b(b)) is amended--
                (1) in paragraph (1)(D), by inserting ``or permanent
            partner'' after ``spouse'';
                (2) in the heading for paragraph (2), by inserting ``,
            permanent partner,'' after ``Spouse''; and
                (3) in paragraph (2)(A), by inserting ``, permanent
            partner,'' after ``spouse'' each place it appears.
        (c) Adjustment of Status of Nonimmigrant to That of Person Admitted
    for Permanent Residence.--
                (1) Prohibition on adjustment of status.--Section 245(d) (8
            U.S.C. 1255(d)) is amended by inserting ``or permanent
            partnership'' after ``marriage''.
                (2) Avoiding immigration fraud.--Section 245(e) (8 U.S.C.
            1255(e)) is amended--
                        (A) in paragraph (1), by inserting ``or permanent
                    partnership'' after ``marriage''; and
                        (B) by adding at the end the following new
                    paragraph:
                ``(4) Paragraph (1) and section 204(g) shall not apply with
            respect to a permanent partnership if the alien establishes by
            clear and convincing evidence to the satisfaction of the
            Secretary of Homeland Security that the permanent partnership
            was entered into in good faith and in accordance with section
            101(a)(52) and the permanent partnership was not entered into
            for the purpose of procuring the alien's admission as an
            immigrant and no fee or other consideration was given (other
            than a fee or other consideration to an attorney for assistance
            in preparation of a lawful petition) for the filing of a
            petition under section 204(a) or 214(d) with respect to the
            alien permanent partner. In accordance with regulations, there
            shall be only one level of administrative appellate review for
            each alien under the previous sentence.''.
                (3) Adjustment of status for certain aliens paying fee.--
            Section 245(i)(1) (8 U.S.C. 1255(i)(1)) is amended by inserting
            ``or permanent partner'' after ``spouse'' each place it
            appears.

    SEC. 428. APPLICATION OF CRIMINAL PENALTIES FOR MISREPRESENTATION AND
                  CONCEALMENT OF FACTS REGARDING PERMANENT PARTNERSHIPS.

        Section 275(c) (8 U.S.C. 1325(c)) is amended to read as follows:
        ``(c) Any individual who knowingly enters into a marriage or
    permanent partnership for the purpose of evading any provision of the
    immigration laws shall be imprisoned for not more than 5 years, or
    fined not more than $250,000, or both.''.

    SEC. 429. NATURALIZATION REQUIREMENTS.

        (a) Requirements as to Residence, Good Moral Character, Attachment
    to the Principles of the Constitution.--Section 316(b) (8 U.S.C.
    1427(b)) is amended by inserting ``or permanent partner'' after
    ``spouse''.
        (b) Naturalization for Permanent Partners of Citizens.--Section 319
    (8 U.S.C. 1430) is amended--
                (1) in subsection (a), by inserting ``or permanent
            partner'' after ``spouse'' each place it appears;
                (2) in subsection (a), by inserting ``or permanent
            partnership'' after ``marital union'';
                (3) in subsection (b)(1), by inserting ``or permanent
            partner'' after ``spouse'';
                (4) in subsection (b)(3), by inserting ``or permanent
            partner'' after ``spouse'';
                (5) in subsection (d)--
                        (A) by inserting ``or permanent partner'' after
                    ``spouse'' each place it appears; and
                        (B) by inserting ``or permanent partnership'' after
                    ``marital union'';
                (6) in subsection (e)(1)--
                        (A) by inserting ``or permanent partner'' after
                    ``spouse''; and
                        (B) by inserting ``or permanent partnership'' after
                    ``marital union''; and
                (7) in subsection (e)(2), by inserting ``or permanent
            partner'' after ``spouse''.

    SEC. 430. APPLICATION OF FAMILY UNITY PROVISIONS TO OTHER LAWS.

        (a) Application of Family Unity Provisions to Permanent Partners of
    Certain LIFE Act Beneficiaries.--Section 1504 of the LIFE Act (division
    B of the Miscellaneous Appropriations Act, 2001, as enacted into law by
    section 1(a)(4) of Public Law 106-554) is amended--
                (1) in the heading, by inserting ``, permanent partners,''
            after ``spouses'';
                (2) in subsection (a), by inserting ``, permanent
            partner,'' after ``spouse''; and
                (3) in each of subsections (b) and (c)--
                        (A) in the subsection headings, by inserting ``,
                    Permanent Partners,'' after ``Spouses''; and
                        (B) by inserting ``, permanent partner,'' after
                    ``spouse'' each place it appears.
        (b) Application to Cuban Adjustment Act.--
                (1) In general.--The first section of Public Law 89-732
            (November 2, 1966; 8 U.S.C. 1255 note) is amended--
                        (A) in the next to last sentence, by inserting ``,
                    permanent partner,'' after ``spouse'' the first 2
                    places it appears; and
                        (B) in the last sentence, by inserting ``,
                    permanent partners,'' after ``spouses''.
                (2) Conforming amendments.--
                        (A) Immigration and nationality act.--Section
                    101(a)(51)(D) (8 U.S.C. 1101(a)(51)(D)) is amended by
                    striking ``or spouse'' and inserting ``, spouse, or
                    permanent partner''.
                        (B) Violence against women act.--Section
                    1506(c)(2)(A)(i)(IV) of the Violence Against Women Act
                    of 2000 (8 U.S.C. 1229a note; division B of Public Law
                    106-386) is amended by striking ``or spouse'' and
                    inserting ``, spouse, or permanent partner''.

        CHAPTER 3--REFORMS TO SPECIFIC EMPLOYMENT-BASED VISA CATEGORIES

                   Subchapter A--Reforms to the EB-5 Program

    SEC. 431. EB-5 REGIONAL CENTER PROGRAM FEES.

        (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(x) of the Immigration and Nationality Act.''.
        (b) Establishment of Account; Use of Fees.--Section 286 (8 U.S.C.
    1356) is amended by adding at the end the following:
        ``(x) 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) Premium Processing Fee for EB-5 Immigrant Investors.--Section
    286(u) (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 (x).''.
        (d) 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.
        (e) 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. 432. ADJUSTMENT OF STATUS.

        (a) Eligibility for Adjustment of Status.--Section 245(k) (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)''.
        (b) Concurrent Filing of EB-5 Petitions and Applications for
    Adjustment of Status.--Section 245 (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. 433. SET-ASIDE PROGRAMS.

        (a) 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:
                                ``(iii) A rural area.
                                ``(iv) An area that has experienced high
                            unemployment (of at least 150 percent of the
                            national average rate).
                                ``(v) A county that has had a 20 percent or
                            more decrease in population since 1970.
                                ``(vi) 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.
                                ``(vii) 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.''.
        (b) 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. 434. EXPANSION OF EB-5 PROGRAM.

        (a) EB-5 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.''.
        (b) EB-5 Program Study.--
                (1) In general.--The Secretary, in appropriate consultation
            with the Secretary of Commerce and other interested parties,
            shall conduct a study concerning--
                        (A) 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));
                    and
                        (B) how best to promote the employment creation
                    program described in such section overseas to potential
                    immigrant investors.
                (2) Report.--Not later than 1 year after the date of the
            enactment of this Act, the Secretary shall submit a report to
            the Congress containing the results of the study conducted
            under paragraph (1).
        (c) EB-5 Full-time Equivalents.--
                (1) In general.--Section 203(b)(5)(A)(ii) (8 U.S.C.
            1153(b)(5)(A)(ii)) is amended by inserting ``(or full-time
            equivalent)'' after ``full-time''.
                (2) Definition.--Section 203(b)(5)(D) (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.''.

            Subchapter B--Adjustments to Other Select Visa Programs

    SEC. 435. ELIMINATION OF SUNSET PROVISIONS.

        (a) Special Immigrant Nonminister Religious Worker Program.--
    Section 101(a)(27)(C)(ii) (8 U.S.C. 1101 (a)(27)(C)(ii)) is amended by
    striking ``September 30, 2012'' each place such term appears.
        (b) Conrad State 30 Program.--Section 220(c) of the Immigration and
    Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) is
    amended by striking ``and before September 30, 2012.''.

    SEC. 436. PERMANENT AUTHORIZATION OF THE NONIMMIGRANT NURSES IN HEALTH
                  PROFESSIONAL SHORTAGE AREAS PROGRAM.

        (a) In General.--Section 2(e)(2) of the Nursing Relief for
    Disadvantaged Areas Act of 1999 (8 U.S.C. 1182 note) is amended to read
    as follows:
        ``(e) Application of Nonimmigrant Changes.--The amendments made by
    this section shall apply to classification petitions filed for
    nonimmigrant status only--
                ``(1) during the period--
                        ``(A) beginning on the date that interim or final
                    regulations are first promulgated under subsection (d);
                    and
                        ``(B) ending on the date that is 3 years after the
                    date of the enactment of the Nursing Relief for
                    Disadvantaged Areas Reauthorization Act of 2005; and
                ``(2) beginning on the date of enactment of the CIR Act of
            2010.''.
        (b) Inapplicability of Certain Regulatory Requirements.--The
    requirements of chapter 5 of title 5, United States Code (commonly
    referred to as the ``Administrative Procedure Act'') or any other law
    relating to rulemaking, information collection or publication in the
    Federal Register, shall not apply to any action to implement the
    amendments made by section 2 to the extent the Secretary Homeland of
    Security, the Secretary of Labor, or the Secretary of Health and Human
    Services determines that compliance with any such requirement would
    impede the expeditious implementation of such amendments.

    SEC. 437. INCENTIVES FOR PHYSICIANS TO PRACTICE IN MEDICALLY
                  UNDERSERVED COMMUNITIES.

        Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184)
    is amended--
                (1) in subsection (g), by adding at the end the following:
                ``(12) An alien physician described in section 212(j)(2)(B)
            who entered the United States as a nonimmigrant described in
            section 101(a)(15)(H)(i)(b) to pursue graduate medical
            education or training shall not be subject to the limitations
            described in paragraphs (1) and (4), provided that the period
            of authorized admission of such alien as an H-1B nonimmigrant
            may not extend beyond the 6-year period beginning on the date
            on which the alien receives the exemption described in
            subparagraph (A), if--
                        ``(A) an interested State agency submits a request
                    for an exemption under section 214(l)(1)(B), but not 1
                    of the 10 waivers or exemptions described in subsection
                    (l)(1)(D)(ii); and
                        ``(B) the Secretary of State recommends that the
                    alien be exempted from such limitations.''; and
                (2) in subsection (l)--
                        (A) in paragraph (1)--
                                (i) by striking ``the Attorney General
                            shall not grant such waiver unless'' and
                            inserting ``or for an exemption from the
                            limitations described in paragraphs (1) and (4)
                            of subsection (g) on behalf of an alien
                            described in subsection (g)(12), the Secretary
                            shall not grant such waiver or exemption
                            unless'';
                                (ii) in subsection (A), by inserting ``or
                            exemption'' before the semicolon at the end;
                                (iii) in subsection (B), by striking
                            ``would not cause the number of waivers
                            allotted for that State for that fiscal year to
                            exceed 30'' and inserting ``or exemption would
                            not cause the total number of waivers plus the
                            total number of exemptions allotted for that
                            State for that fiscal year to exceed 30, unless
                            such allotment is increased pursuant to
                            paragraph (4)'';
                                (iv) in subsection (C)(ii), by inserting
                            ``or exemption'' after ``waiver''; and
                                (v) in subsection (D)--
                                        (I) in clause (ii), by striking
                                    ``would not cause the number of the
                                    waivers'' and inserting ``or exemption
                                    would not cause the total number of
                                    waivers and exemptions''; and
                                        (II) in clause (iii), by inserting
                                    ``or exemption'' after ``waiver'';
                        (B) in paragraph (2)(A), by striking ``status of an
                    alien and inserting status of an alien described in
                    212(e)(iii)''; and
                        (C) by adding at the end the following:
                ``(4) If at least 90 percent of the total number of waivers
            and exemptions allotted under paragraph (1)(B) to States that
            were granted not fewer than 5 such waivers or exemptions, in
            the aggregate, during any 1 of the 3 previous fiscal years are
            granted, on a nationwide basis, in the current fiscal year, the
            allotment of such waivers and exemptions in the current fiscal
            year shall be increased from 30 to 35 for each State. Such
            allotments shall be further increased in increments of 5 each
            time such 90 percent threshold of the adjusted allotment level
            is reached, on a nationwide basis. The allotment for each State
            shall reset to 30 at the beginning of each fiscal year.''.

    SEC. 438. STUDENT VISA REFORM.

        (a) In General.--
                (1) Nonimmigrant classification.--Section 101(a)(15)(F) (8
            U.S.C. 1101(a)(15)(F)) is amended to read as follows:
                        ``(F) an alien--
                                ``(i) who--
                                        ``(I) is a bona fide student
                                    qualified to pursue a full course of
                                    study in mathematics, engineering,
                                    technology, or the sciences leading to
                                    a bachelors or graduate degree and who
                                    seeks to enter the United States for
                                    the purpose of pursuing such a course
                                    of study consistent with section 214(m)
                                    at an institution of higher education
                                    (as defined by section 101(a) of the
                                    Higher Education Act of 1965 (20 U.S.C.
                                    1001(a))) in the United States,
                                    particularly designated by the alien
                                    and approved by the Secretary of
                                    Homeland Security, after consultation
                                    with the Secretary of Education, which
                                    institution or place of study shall
                                    have agreed to report to the Secretary
                                    the termination of attendance of each
                                    nonimmigrant student, and if any such
                                    institution of learning or place of
                                    study fails to make reports promptly
                                    the approval shall be withdrawn; or
                                        ``(II) is engaged in temporary
                                    employment for optional practical
                                    training related to such alien's area
                                    of study following completion of the
                                    course of study described in subclause
                                    (I) for a period or periods of not more
                                    than 24 months;
                                ``(ii) who--
                                        ``(I) has a residence in a foreign
                                    country which the alien has no
                                    intention of abandoning, who is a bona
                                    fide student qualified to pursue a full
                                    course of study, and who seeks to enter
                                    the United States temporarily and
                                    solely for the purpose of pursuing such
                                    a course of study consistent with
                                    section 214(m) at an established
                                    college, university, seminary,
                                    conservatory, academic high school,
                                    elementary school, or other academic
                                    institution or in a language training
                                    program in the United States,
                                    particularly designated by the alien
                                    and approved by the Secretary of
                                    Homeland Security, after consultation
                                    with the Secretary of Education, which
                                    institution or place of study shall
                                    have agreed to report to the Secretary
                                    the termination of attendance of each
                                    nonimmigrant student, and if any such
                                    institution of learning or place of
                                    study fails to make reports promptly
                                    the approval shall be withdrawn; or
                                        ``(II) is engaged in temporary
                                    employment for optional practical
                                    training related to such alien's area
                                    of study following completion of the
                                    course of study described in subclause
                                    (I) for a period or periods of not more
                                    than 24 months;
                                ``(iii) who is the spouse or minor child of
                            an alien described in clause (i) or (ii) if
                            accompanying or following to join such an
                            alien;
                                ``(iv) who--
                                        ``(I) is a national of Canada or
                                    Mexico, who maintains actual residence
                                    and place of abode in the country of
                                    nationality, who is described in clause
                                    (i) or (ii) except that the alien's
                                    qualifications for and actual course of
                                    study may be full- or part-time, and
                                    who commutes to the United States
                                    institution or place of study from
                                    Canada or Mexico; or
                                        ``(II) is engaged in temporary
                                    employment for optional practical
                                    training related to such student's area
                                    of study following completion of the
                                    course of study described in subclause
                                    (I) for a period or periods of not more
                                    than 24 months; or
                                ``(v) who--
                                        ``(I) maintains actual residence
                                    and place of abode in the alien's
                                    country of nationality; and
                                        ``(II) is described in clause (i),
                                    except that the alien's actual course
                                    of study may involve a distance
                                    learning program, for which the alien
                                    is temporarily visiting the United
                                    States for a period of up to 30
                                    days.''.
                (2) Admission.--Section 214(b) (8 U.S.C. 1184(b)) is
            amended by inserting ``(F)(i),'' before ``(L) or (V)''.
                (3) Conforming amendment.--Section 214(m)(1) (8 U.S.C.
            1184(m)(1)) is amended, in the matter preceding subparagraph
            (A), by striking ``(i) or (iii)'' and inserting ``(i), (ii),
            (iv), or (v)''.
        (b) Off-campus Work Authorization for Foreign Students.--
                (1) In general.--Aliens admitted as nonimmigrant students
            described in section 101(a)(15)(F), as amended by subsection
            (a), (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus
            position unrelated to the alien's field of study if--
                        (A) the alien has enrolled full-time at the
                    educational institution and is maintaining good
                    academic standing;
                        (B) the employer provides the educational
                    institution and the Secretary of Labor with an
                    attestation that the employer--
                                (i) has spent at least 21 days recruiting
                            United States citizens to fill the position;
                            and
                                (ii) will pay the alien and other similarly
                            situated workers at a rate not less than the
                            greater of--
                                        (I) the actual wage level for the
                                    occupation at the place of employment;
                                    or
                                        (II) the prevailing wage level for
                                    the occupation in the area of
                                    employment; and
                        (C) the alien will not be employed more than--
                                (i) 20 hours per week during the academic
                            term; or
                                (ii) 40 hours per week during vacation
                            periods and between academic terms.
                (2) Disqualification.--If the Secretary of Labor determines
            that an employer has provided an attestation under paragraph
            (1)(B) that is materially false or has failed to pay wages in
            accordance with the attestation, the employer, after notice and
            opportunity for a hearing, shall be disqualified from employing
            an alien student under paragraph (1).

    SEC. 439. TEMPORARY VISAS FOR INDIVIDUALS FROM IRELAND.

        (a) Definition.--Section 101(a)(15)(E)(iii) (8 U.S.C.
    1101(a)(15)(E)) is amended by inserting ``or solely to perform services
    as an employee who meets the requirements of section 203(d)(2) if the
    alien is a national of the republic of Ireland'' after ``Australia''.
        (b) Temporary Admission of Inadmissible Aliens.--Clause (i) of
    section 212(a)(d)(3)(A) (8 U.S.C. 1182(d)(3)(A)) is amended by
    inserting before the semicolon the following: ``provided that such
    recommendation and approval shall not be required for the issuance of a
    visa pursuant to section 101(a)(15)(E) for ineligibility under
    paragraphs (6), (7) or (9) of section 212(a) that is based on conduct
    occurring prior to the date of enactment of this Act''.
        (c) Numerical Limitations.--Section 214(g)(11)(B)(8 U.S.C.
    1184(g)(11)(B)) is amended by inserting ``for each of the nationalities
    included in section 101(a)(15)(E)(iii)'' before the period.

    SEC. 440. S VISAS.

        (a) Expansion of S Visa Classification.--Section 101(a)(15)(S) (8
    U.S.C. 1101(a)(15)(S)) is amended--
                (1) in clause (i)--
                        (A) by striking ``Attorney General'' each place
                    that term appears and inserting ``Secretary of Homeland
                    Security'';
                        (B) in subclause (I), by inserting before the
                    semicolon, ``, including a criminal enterprise
                    undertaken by a foreign government, its agents,
                    representatives, or officials'';
                        (C) in subclause (III), by inserting ``if the
                    information concerns a criminal enterprise undertaken
                    by an individual or organization that is not a foreign
                    government, its agents, representatives, or
                    officials,'' before ``whose''; and
                        (D) by striking ``or'' at the end; and
                (2) in clause (ii)--
                        (A) by striking ``Attorney General'' and inserting
                    ``Secretary of Homeland Security''; and
                        (B) by striking ``1956,'' and all that follows
                    through ``the alien;'' and inserting the following:
                    ``1956; or
                                ``(iii) who the Secretary of Homeland
                            Security and the Secretary of State, in
                            consultation with the Director of Central
                            Intelligence, jointly determine--
                                        ``(I) is in possession of critical
                                    reliable information concerning the
                                    activities of governments or
                                    organizations, or their agents,
                                    representatives, or officials, with
                                    respect to weapons of mass destruction
                                    and related delivery systems, if such
                                    governments or organizations are at
                                    risk of developing, selling, or
                                    transferring such weapons or related
                                    delivery systems; and
                                        ``(II) is willing to supply or has
                                    supplied, fully and in good faith,
                                    information described in subclause (I)
                                    to appropriate persons within the
                                    United States Government; and
                            if the Secretary of Homeland Security (or with
                            respect to clauses (ii) and (iii), the
                            Secretary of State and the Secretary of
                            Homeland Security jointly) considers it to be
                            appropriate, the spouse, children, married and
                            unmarried sons and daughters, and parents of an
                            alien described in clause (i), (ii), or (iii)
                            if accompanying, or following to join, the
                            alien;''.
        (b) Numerical Limitation.--Section 214(k)(1) (8 U.S.C. 1184(k)(1))
    is amended to read as follows:
                ``(1) The number of aliens who may be provided a visa as
            nonimmigrants under section 101(a)(15)(S) in any fiscal year
            may not exceed 1,000.''.
        (c) Reports.--
                (1) Content.--Section 214(k)(4) (8 U.S.C. 1184(k)(4)) is
            amended--
                        (A) in the matter preceding subparagraph (A)--
                                (i) by striking ``Attorney General'' and
                            inserting ``Secretary of Homeland Security'';
                            and
                                (ii) by striking ``concerning'' and
                            inserting ``that includes'';
                        (B) in subparagraph (D), by striking ``and'' at the
                    end;
                        (C) in subparagraph (E), by striking the period at
                    the end and inserting ``; and''; and
                        (D) by adding at the end the following:
                        ``(F) if the total number of such nonimmigrants
                    admitted is fewer than 25 percent of the total number
                    provided for under paragraph (1)--
                                ``(i) the reasons for the reduced number of
                            such nonimmigrants;
                                ``(ii) the efforts made by the Secretary of
                            Homeland Security to admit such nonimmigrants;
                            and
                                ``(iii) any extenuating circumstances that
                            contributed to the reduced number of such
                            nonimmigrants.''.
                (2) Form of report.--Section 214(k) (8 U.S.C. 1184(k)) is
            amended by adding at the end the following:
                ``(5) To the extent required by law and if it is in the
            interests of national security or the security of such
            nonimmigrants that are admitted, as determined by the Secretary
            of Homeland Security--
                        ``(A) the information contained in a report
                    described in paragraph (4) may be classified; and
                        ``(B) the Secretary of Homeland Security shall, to
                    the extent feasible, submit a non-classified version of
                    the report to the Committee on the Judiciary of the
                    House of Representatives and the Committee on the
                    Judiciary of the Senate.''.

       CHAPTER 4--PROTECTION OF H-2B NONIMMIGRANTS AND WORKERS RECRUITED
                                     ABROAD

    SEC. 441. DEFINITIONS.

        (a) In General.--Except as otherwise provided by this title, the
    terms used in this title 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) Area of employment.--The term ``area of employment''
            means the area within normal commuting distance of the worksite
            or physical location where the work of the H-2B nonimmigrant is
            or will be performed. If such worksite or location is within a
            Metropolitan Statistical Area, any place within such area shall
            be deemed to be within the area of employment.
                (2) Building and grounds cleaning and maintenance
            occupation.--The term ``Building and Grounds Cleaning and
            Maintenance occupation'' means any occupation listed as a
            Building and Grounds Cleaning and Maintenance occupation in the
            Department of Labor's Standard Occupational Classification (as
            published by such Department).
                (3) Construction occupation.--The term ``construction
            occupation'' means any occupation listed as a construction or
            extraction occupation in the Department of Labor's Standard
            Occupational Classification (as published by such Department),
            except that it does not include any occupation listed in such
            classification as an extraction worker occupation.
                (4) Displace.--In the case of an application with respect
            to one or more H-2B non immigrants by an employer, the employer
            is considered to ``displace'' a United States worker from a job
            if the employer lays off the worker from a job that is
            essentially the equivalent of the job for which the
            nonimmigrant or non immigrants is or are sought. A job shall
            not be considered to be essentially equivalent of an other job
            unless it involves essentially the same responsibilities, was
            held by a United States worker with substantially equivalent
            qualifications and experience, and is located in the same area
            of employment as the other job.
                (5) Foreign labor contracting activity.--The term ``foreign
            labor contracting activity'' means recruiting, soliciting for
            hire, or furnishing an individual who resides outside of the
            United States to be employed in the United States. The term
            shall not include such activity performed by labor
            organizations, including labor organizations representing
            agricultural laborers.
                (6) Foreign labor contractor.--The term ``foreign labor
            contractor'' means any person who performs any foreign labor
            contracting activity. The term shall not include labor
            organizations, including labor organizations representing
            agricultural laborers.
                (7) Foreign worker program.--The term ``foreign worker
            program'' means any program authorized by the Immigration and
            Nationality Act to employ nonimmigrants described in
            subparagraphs (B), (E), (H), (J), (L), (O), (P), or (R) of
            section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)).
                (8) H-2B nonimmigrant.--The term ``H-2B nonimmigrant''
            means an alien admitted or provided status as a nonimmigrant
            described in section 101(a)(15)(H)(ii)(B).
                (9) Lays off.--
                        (A) In general.--The term ``lays 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, or the expiration of a grant or
                            contract (other than a temporary employment
                            contract entered into in order to evade a
                            condition described in paragraph (1)(E)); and
                                (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
                            at equivalent or higher compensation and
                            benefits than the position from which the
                            employee was discharged, regard less of whether
                            or not the employee accepts the offer.
                        (B) Construction.--Nothing in this subparagraph is
                    intended to limit an employee's rights under a
                    collective bargaining agreement or other employment
                    contract.
                (10) Metal workers occupation.--The term ``Metal Workers
            occupation'' means any occupation listed as a metal worker or
            plastic worker occupation in the Department of Labor's Standard
            Occupational Classification (as published by such Department).
                (11) Registered h-2b employer.--The term ``registered H-2B
            employer'' means an employer that has been registered by the
            Secretary of Labor under paragraph (2) to employ an H-2B
            nonimmigrant.
                (12) Secretary.--The term ``Secretary'' means the Secretary
            of Labor.
                (13) State.--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.
                (14) Substantial failure.--The term ``substantial failure''
            means the willful failure to comply with the requirements of
            this section that constitutes a significant deviation from the
            terms and conditions of an application.
                (15) United states worker.--The term ``United States
            worker'' means an employee who--
                        (A) is a citizen or national of the United States;
                    or
                        (B) is an alien who is lawfully admitted for
                    permanent residence, is admitted as a refugee under
                    section 207, is granted asylum under section 208, or is
                    an immigrant otherwise authorized, by this Act or by
                    the Secretary of Homeland Security, to be employed.
                (16) Worker.--The term ``worker'' means an individual who
            is the subject of foreign labor contracting activity.

    SEC. 442. PROTECTIONS FOR WORKERS RECRUITED ABROAD.

        (a) Disclosure of Working Conditions.--Any person who engages in
    foreign labor contracting activity shall ascertain and disclose, to
    each worker who is recruited for employment at the time of the worker's
    recruitment--
                (1) the place of employment;
                (2) the compensation for the employment;
                (3) a description of employment activities;
                (4) the period of employment;
                (5) any travel or transportation expenses to be assessed;
                (6) any other employee benefit to be provided and any costs
            to be charged for each benefit;
                (7) the existence of any strike or lockout in the course of
            a labor dispute at the place of employment;
                (8) the existence of any arrangement with any person
            involving the receipt of a commission or any other benefit for
            the provision of items or services to workers;
                (9) the extent to which workers will be compensated through
            workers' compensation, private insurance, or otherwise for
            injuries or death, including--
                        (A) work related injuries and death during the
                    period of employment;
                        (B) the name of the State workers' compensation
                    insurance carrier or the name of the policyholder of
                    the private insurance;
                        (C) the name and telephone number of each person
                    who must be notified of an injury or death; and
                        (D) the time period within which such notice must
                    be given;
                (10) any education or training to be provided or required,
            including--
                        (A) the nature and cost of such training;
                        (B) the person that will pay such costs; and
                        (C) whether the training is a condition of
                    employment, continued employment, or future employment;
                    and
                (11) a statement, in a form specified by the Secretary of
            Labor, describing the protections of this section and of the
            Trafficking Victims Protection Act of 2000 (division A of
            Public Law 106-486), including relevant complaint line
            information, for workers recruited abroad.
        (b) False or Misleading Information.--No person who engages in
    foreign labor contracting activity shall knowingly provide materially
    false or misleading information to any worker concerning any matter
    required to be disclosed in paragraph (1).
        (c) Form of Disclosure.--The information required to be disclosed
    under paragraph (1) shall be provided in writing in English or, as
    necessary and reasonable, in the language of the worker being
    recruited. The Secretary of Labor shall make forms available in
    English, Spanish, and other languages, as necessary and reasonable,
    which may be used in providing workers with information required under
    this section.
        (d) Recruitment Fees.--No person conducting foreign labor
    contracting activity shall assess any fee to a worker for such foreign
    labor contracting activity.
        (e) Transportation Costs.--The employer shall bear the
    transportation costs, including subsistence costs during the period of
    travel, for the worker from the worker's home residence at the time of
    recruitment to the place of employment either through direct payment or
    reimbursement in the first workweek and from the place of employment to
    such worker's place of permanent residence.
        (f) Unlawful Discrimination.--
                (1) Discrimination prohibited.--It shall be unlawful for an
            employer or a foreign labor contractor 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.
                (2) Determination.--For the purposes of determining the
            existence of unlawful discrimination under paragraph (1)--
                        (A) 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.);
                        (B) 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
                        (C) 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.).
        (g) 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.
        (h) Procedures in Addition to Other Rights of Employees.--The
    rights and remedies provided to workers under this chapter are in
    addition to any other contractual or statutory rights and remedies of
    the workers, and are not intended to alter or affect such rights and
    remedies.
        (i) Authority to Prescribe Regulations.--The Secretary of Labor
    shall prescribe such regulations as may be necessary to carry out this
    chapter.

    SEC. 443. ENFORCEMENT PROVISIONS.

        (a) Complaints and Investigations.--
                (1) In general.--The Secretary of Labor shall establish a
            process for the receipt, investigation, and disposition of
            complaints respecting the application of a predominant wage
            level proposed by an employer seeking certification under this
            subsection, an employer's failure to meet a condition specified
            in an application submitted under paragraph (2) or (3) or an
            applicant's misrepresentation of material facts in such an
            application but not the methodology used to calculate the
            predominant wage level itself. 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 shall conduct an investigation
            under this paragraph if there is reasonable cause to believe
            that such a failure or misrepresentation has occurred.
                (2) Investigations.--The Secretary of Labor may initiate an
            investigation of any employer that employs nonimmigrants
            described in section 101(a)(15)(H)(ii)(b) or (c) if the
            Secretary of Labor has reasonable cause to believe that the
            employer is not in compliance with this subsection. The
            Secretary of Labor may consider information submitted by an
            employer to the Secretary of Homeland Security or the Secretary
            of Labor for purposes of securing the employment of a
            nonimmigrant described in section 101(a)(15)(H)(ii)(b) or (c)
            when determining whether the Secretary of Labor has reasonable
            cause to believe that an employer is not in compliance with
            this section. An investigation initiated and conducted under
            this subparagraph may be considered a complaint under the
            process established pursuant to subparagraph (A).
                (3) Reasonable basis.--Under the process established
            pursuant to subparagraph (A), the Secretary of Labor shall
            determine, not later than 30 days after the date such a
            complaint is filed, whether a reasonable basis exist to make a
            finding described in subparagraph (B). If the Secretary
            determines that such a reasonable basis exists, the Secretary
            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, not later than 60 days after the date of the
            determination. If such a hearing is requested, the Secretary
            shall make a finding concerning the matter by not later than 60
            days after the date of the hearing. In the case of similar
            complaints respecting the same applicant, the Secretary may
            consolidate the hearings under this subparagraph on such
            complaints.
                (4) Penalties.--If the Secretary of Labor finds, after
            notice and an opportunity for a hearing, a substantial failure
            to meet any of the conditions of the application described
            under paragraph (2) or (3), a willful misrepresentation of a
            material fact in such application, or a violation of
            subparagraph (F)--
                        (A) the Secretary of Labor shall notify the
                    Secretary of Homeland Security of such finding and may,
                    in addition to any other remedy authorized by law,
                    impose such administrative remedies (including civil
                    monetary penalties in an amount not to exceed $10,000
                    per violation) as the Secretary of Labor determines to
                    be appropriate;
                        (B) the Secretary of Labor may not approve
                    applications filed with respect to that employer under
                    paragraph (2) or (3) during a period of at least 1 year
                    but not more than 5 years for aliens to be employed by
                    the employer; and
                        (C) the Secretary of Homeland Security may not
                    approve petitions filed with respect to that employer
                    under section 204 or 214(c) during a period of at least
                    1 year for aliens to be employed by the employer.
                (5) Criminal sanctions.--Whoever knowingly violates this
            chapter shall be fined up to $3,000 per violation 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 up to
            $10,000 or imprisoned not more than three years, or both.
                (6) Highest penalties.--In determining the level of
            penalties to be assessed under subparagraph (D), the highest
            penalties shall be reserved for willful failures to meet any of
            the conditions of the application that involve harm to United
            States workers.
                (7) Discrimination or retaliation prohibited.--It is a
            violation of this subparagraph for an employer who has filed an
            application under this subsection to intimidate, threaten,
            restrain, coerce, discharge, or in any other manner
            discriminate or retaliate against an employee (including a
            former employee or an applicant for employment) because the
            employee--
                        (A) has disclosed information to the employer, or
                    to any other person, that the employee reasonably
                    believes evidences a violation of this subsection, or
                    any rule or regulation pertaining to this subsection;
                    or
                        (B) cooperates, or seeks to cooperate, in an
                    investigation or other proceeding concerning the
                    employer's compliance with the requirements of this
                    subsection, or any rule or regulation pertaining to
                    this subsection.
        (b) Authority To Ensure Compliance.--The Secretary of Labor may
    bring an action in any court of competent jurisdiction as may be
    necessary to assure employer compliance with terms and conditions of
    employment under this subsection, including imposing appropriate
    penalties and seeking appropriate injunctive relief and specific
    performance of contractual obligations. The rights and remedies
    provided to H-2B workers by this subsection are in addition to, and not
    in lieu of, any other contractual or statutory rights and remedies of
    such workers, and are not intended to alter or affect such rights and
    remedies.

    SEC. 444. TRANSFER OF FOREST, CONSERVATION, NURSERY, AND LOGGING
                  WORKERS TO THE H-2A AGRICULTURAL WORKER PROGRAM.

        (a) Classification as Agricultural Labor.--Any farming, fishing, or
    forestry occupation (as included in this major group the Standard
    Occupational Classification published by the Department of Labor's
    Bureau of Labor Statistics) shall be considered agricultural labor for
    the purposes of employing nonimmigrants described in
    section101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8
    U.S.C. 1101(a)(15)(H)(ii)(a)).
        (b) Simultaneous Classification.--Any workers currently considered
    seasonal agricultural workers under the Migrant Seasonal Worker
    Protection Act (29 U.S.C. 1801 et seq.) shall retain their simultaneous
    classification under such Act.

    SEC. 445. H-2B NONIMMIGRANT LABOR CERTIFICATION APPLICATION FEES.

        (a) Establishment of Fees.--Section 212(a)(5)(A) (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.
                                        ``(II) Fee during initial year.--
                                    During the 12-month period beginning on
                                    the date of the enactment of this
                                    clause, the fee imposed under subclause
                                    (I) shall be $800 for each application.
                                        ``(III) Additional fee per
                                    worker.--In addition to the application
                                    fee required under clause (i), the
                                    Secretary shall require each employer
                                    to pay a fee of $300, to be deposited
                                    in the Treasury in accordance with
                                    section 286(x), for each H-2B worker
                                    position requested in an application
                                    described in subparagraph (A).
                                        ``(IV) Fee after initial year.--
                                    After the expiration of the period
                                    described in subclause (II), the fee
                                    imposed under subclause (I) shall be
                                    set at a level the Secretary of Labor
                                    determines will--
                                                ``(aa) ensure recovery of
                                            the full costs of carrying out
                                            labor certification activities
                                            under this subparagraph; and
                                                ``(bb) recover any
                                            additional costs associated
                                            with the administration of the
                                            fees collected.
                                        ``(V) Prohibition on employer
                                    accepting reimbursement of fee.--
                                                ``(aa) In general.--An
                                            employer subject to a fee under
                                            this clause may 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
                                            an employer has violated item
                                            (aa), the Secretary of Labor
                                            may impose a civil penalty in
                                            an amount not to exceed $5,000
                                            per violation.
                                        ``(VI) 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 (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) (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, including
                            standards and procedures under which employers
                            and their representatives are excluded from
                            participation in the labor certification
                            process under this subparagraph.''.

    SEC. 446. LABOR AGREEMENT PROVISIONS.

        (a) Recruitment of United States Workers.--Section 212 (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 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, with local job banks, with other
            State workforce agencies, 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 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--
                        ``(i) provide notice of the job opportunity to the
                    bargaining representative (if any) of the employer's
                    employees in the occupational classification and area
                    for which the employer is seeking a worker, or
                        ``(ii) if there is no such bargaining
                    representative, post the availability of the job
                    opportunity for which the employer is seeking a worker
                    in conspicuous locations at the place or places of
                    employment or in some other manner that provides reason
                    able notification to all employees in the occupational
                    classification and in the same area of intended
                    employment for which H-2B nonimmigrants are sought.
                ``(E) The employer shall advertise the availability of the
            job opportunity for which the employer is seeking a worker in
            one or more publications in the labor market that is likely to
            be patronized by potential applicants (as determined by the
            SWA). Such advertisement, at a minimum, shall--
                        ``(i) describe the job opportunity and term of
                    employment;
                        ``(ii) state the wage rate to be offered;
                        ``(iii) summarize the employer's minimum job
                    requirements; ``(iv) offer training if the job
                    opportunity is the type for which employers normally
                    provide training; and``(v) be posted for 3 consecutive
                    issues during the first half of the 21-day recruitment
                    period.
                ``(F) If the job involved in the application requires a
            particular skill or an advanced degree, and a professional or
            trade journal normally would be used to advertise the job
            opportunity, the local job service may require the employer to
            place an advertisement in the journal most likely to bring
            responses from able, willing, qualified, and available United
            States workers.
                ``(G) In no event shall the employer advertise such job
            opportunity to United States workers using wages or other terms
            and conditions of employment which are less favorable for
            United States workers than those to be offered to an H-2B
            nonimmigrant of similar qualifications.
        ``(2) Exception for Non-registered h-2b Employers.--
                ``(A) In general.--An employer that is not registered under
            paragraph (2) but that seeks to employ an H-2B nonimmigrant in
            an occupational classification may file an application under
            paragraph (3) to employ one or more H-2B nonimmigrants if the
            employer demonstrates to the Secretary of Labor that:
                        ``(i) the failure to hire such workers to address a
                    temporary need for labor or services would directly
                    result in the loss of jobs for United States workers
                    and would deprive the impacted community of a
                    substantial economic benefit (as certified by a State
                    or regional economic development authority, including
                    consultation with any relevant union);
                        ``(ii) labor, geographical, or other conditions
                    substantially prevent the employer from meeting such
                    need for labor or services with workers in the United
                    States;
                        ``(iii) the employer has not been found to have
                    violated, within the last 5 years, applicable Federal,
                    State and local employment-related laws and
                    regulations, including employment-related health and
                    safety laws; and
                        ``(iv) the employer has not been found to have
                    violated, within the last 5 years, a material term or
                    condition of any foreign worker program.
                ``(B) Limitation.--The number of H-2B nonimmigrants
            admitted under this paragraph may not exceed 1,000.
        ``(3) Limitations on Employment.--
                ``(A) Duration of employment.--Certification of an H-2B
            nonimmigrant for employment with an employer in the United
            States shall be limited to a maximum of 10 months per employer.
            An H-2B nonimmigrant shall not be certified for more than 5
            years without returning to his country of origin. The Secretary
            of State and Secretary of Homeland Security may allow admission
            of the H-2B nonimmigrant into the United States for additional
            periods, of no more than 60 days in the aggregate, to allow for
            travel to and from the worksite and transfer between H-2B
            employers.
                ``(B) Transfer of h-2b nonimmigrants between employers.--
                        ``(i) In general.--An H-2B nonimmigrant may not
                    accept employment from any employer in the United
                    States other than an employer with an approved H-2B
                    application filed on behalf of such nonimmigrant under
                    paragraph (3). An employer may not trade, transfer, or
                    otherwise provide an H-2B nonimmigrant to any other
                    employer for employment in the United States.
                        ``(ii) Construction.--Nothing in this paragraph
                    prohibits an H-2B nonimmigrant in the United States
                    from accepting new employment with a new employer upon
                    approval of a petition filed by such employer on the H-
                    2B nonimmigrant's behalf.
                ``(C) Availability of united states worker.--The employer
            shall be required to provide employment to any able and
            qualified United States worker who applies to the employer
            prior to 30 days before the commencement of the H-2B
            nonimmigrant's employment.
        ``(4) Compliance and Statistics.--
                ``(A) Public examination.--The Secretary of Labor shall
            make available for public examination, including by posting
            over the Internet, the following:
                        ``(i) within 60 days of the close of the
                    registration period under paragraph (2), a list of all
                    employers registered under such paragraph;
                        ``(ii) upon the filing of an application by an
                    employer under paragraph (3), a copy of such
                    application, except that the Secretary shall redact any
                    proprietary in formation from such application; and
                        ``(iii) a list (by employer, location and
                    occupational classification), compiled on a current
                    basis, of the applications filed under this subsection.
                    Such list shall include the wage rate, number of aliens
                    sought, period of intended employment, and dates of
                    need.
                ``(B) Maintenance of documentation.--The employer shall
            maintain for at least 3 years after the filing of the
            application or the employment relationship is terminated,
            whichever is later, documentation evidencing compliance with
            the conditions in paragraph (3) and recruitment efforts in
            paragraph (4).
                ``(C) Audit authority.--On a yearly basis, the Secretary of
            Labor shall audit at least 5 percent of employers employing H-
            2B nonimmigrants to determine compliance with the terms and
            conditions of this subsection.
        ``(5) Complaints and Investigations.--
                ``(A) In general.--The Secretary of Labor shall establish a
            process for the receipt, investigation, and disposition of
            complaints respecting the application of a predominant wage
            level proposed by an employer seeking certification under this
            subsection, but not the methodology used to calculate the
            predominant wage level itself, an employer's failure to meet a
            condition specified in an application submitted under paragraph
            (2) or (3) or an applicant's misrepresentation of material
            facts in such an application. 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
            one year after the date of the failure or misrepresentation,
            respectively. The Secretary shall conduct an investigation
            under this paragraph if there is reasonable cause to believe
            that such a failure or misrepresentation has occurred.''.
        (b) Petitions by Employers That Have Signed Labor Agreements With
    Unions That Operate Hiring Halls.--Section 212(v), as added by
    subsection (a), is amended by adding at the end the following:
                ``(6) 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.''.
        (c) Prevailing Wages for United States Workers and H-2B Workers.--
    Section 212 (8 U.S.C. 1182), as amended by this section, 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. 447. ENFORCEMENT OF FEDERAL LABOR LAWS.

        (a) H-2B Nonagricultural Guest Workers.--Section 214(c)(14) (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) or (c). 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 (c),
    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) or (c)
    regarding the terms and conditions of employment, transportation, and
    housing and other provisions of law applicable to the employment of
    such nonimmigrants.''.
        (b) Certification Requirement; Protection for Workers.--Section
    214(c)(14), as amended by subsection (a), 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.
        ``(J) Employers who hire nonimmigrants described in section
    101(a)(15)(H)(ii)(b) shall pay up front or reimburse in the first
    workweek the nonimmigrants reasonable cost of transportation 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 reasonable cost of 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) In the case of an H-2B nonimmigrant who is dismissed from
    employment by the employer before the end of the period of authorized
    admission, the employer shall be liable for the reasonable costs of
    return transportation of the alien abroad.
        ``(L)(i) Employers who hire nonimmigrants described in section
    101(a)(15)(H)(ii)(b) shall guarantee to offer the worker employment for
    100 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.
        ``(M) 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.
        ``(N) Agreements by employees purporting to waive or to modify
    their rights under this Act shall be void as contrary to public policy.
        ``(O) Consistent with section 292 and notwithstanding any other
    provision of law, the Legal Services Corporation may provide legal
    services on behalf of an H-2B nonimmigrant.''.
        (c) Report.--Section 214(g)(10) (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 complied with the recruitment provisions
                    herein and paid the required prevailing wage and
                    transportation, and other expenses required under this
                    section and section 212.''.
        (d) H-2B Portability.--Section 214(n) (8 U.S.C. 1184(n)) is
    amended--
                (1) in paragraph (1)--
                        (A) by striking ``section 101(a)(15)(H)(i)(b)'' and
                    inserting ``clause (i)(b) or (ii)(b) of section
                    101(a)(15)(H)''; and
                        (B) by inserting ``A nonimmigrant described in
                    101(a)(15)(H)(ii)(b) is authorized to accept new
                    employment immediately, if a petition for unnamed
                    workers is already in place, upon the filing by the
                    prospective employer of a new petition, or upon the
                    filing of a temporary labor certification covering the
                    petition with the Department of Labor, which may be
                    filed not earlier than 45 days before the need for new
                    employees'' after ``provided under subsection (a)'';
                    and
                (2) in paragraph (2)(B), by inserting ``(or labor
            certification if the alien is described in
            101(a)(15)(H)(ii)(b))'' after ``nonfrivolous petition''.

                      CHAPTER 5--H-2B AND L-1 VISA REFORMS

              Subchapter A--H-1B Employer Application Requirements

    SEC. 451. APPLICATION REQUIREMENTS.

        (a) Modification of Application Requirements.--
                (1) Internet posting requirement.--Section 212(n)(1)(C) (8
            U.S.C. 1182(n)(1)(C)) is amended--
                        (A) by redesignating clause (ii) as subclause (II);
                        (B) by striking ``(i) has provided'' and inserting
                    the following: ``(ii)(I) has provided''; and
                        (C) 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''.
                (2) Outplacement restriction.--Section 212(n)(1)(F) (8
            U.S.C. 1182(n)(1)(F)) is amended--
                        (A) by inserting ``(ii)'' before ``In the case of
                    an application'';
                        (B) by renumbering clauses (i) and (ii) as
                    subclauses (I) and (II); and
                        (C) by inserting the following at the beginning as
                    clause (i):
                                ``(i) The employer will not place,
                            outsource, lease, or otherwise contract to
                            provide the services of the H-1B nonimmigrant
                            at the worksite of an employer other than the
                            petitioning employer or its affiliate,
                            subsidiary, or parent unless:
                                        ``(I) the H-1B nonimmigrant will be
                                    controlled and supervised principally
                                    by the petitioning employer; and
                                        ``(II) the placement of the H-1B
                                    nonimmigrant at the worksite of the
                                    unaffiliated employer is not
                                    essentially an arrangement to provide
                                    labor for hire for the unaffiliated
                                    employer.''.
        (b) New Application Requirements.--Section 212(n)(1) (8 U.S.C.
    1182(n)(1)) is amended by adding at the end 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 who are not intending immigrants as defined
            in section 463 of the CIR Act of 2010 plus the number of such
            employees who are nonimmigrants described in section
            101(a)(15)(L) who are not intending immigrants as defined in
            section 463 of the CIR Act of 2010 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.''.
        (c) Application Review Requirements.--
                (1) Technical amendment.--Section 212(n)(1) (8 U.S.C.
            1182(n)(1)), as amended by this Act, is further amended in the
            undesignated paragraph at the end, by striking ``The employer''
            and inserting the following: ``(K) The employer.''.
                (2) Application review requirements.--Section 212(n)(1)(K),
            as designated by paragraph (1), is amended--
                        (A) by inserting ``and through the Department of
                    Labor's website, without charge.'' after ``D.C.'';
                        (B) by striking ``only for completeness'' and
                    inserting ``for completeness and clear indicators of
                    fraud or misrepresentation of material fact,'';
                        (C) by striking ``or obviously inaccurate'' and
                    inserting ``, presents clear indicators of fraud or
                    misrepresentation of material fact, or is obviously
                    inaccurate'';
                        (D) by striking ``within 7 days of'' and inserting
                    ``not later than 14 days after''; and
                        (E) 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
                                   Employers

    SEC. 452. INVESTIGATION PROCEDURES.

        (a) General Modification of Procedures for Investigation and
    Disposition.--Section 212(n)(2)(A) (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:
                                ``(i)(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, H-2B, or H-2C 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.''.
        (b) Investigation, Working Conditions, and Penalties.--Section
    212(n)(2)(C) (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''.
        (c) Initiation of Investigations.--Section 212(n)(2)(G) (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).''.
        (d) Conforming Amendment.--Section 212(n)(2)(F) (8 U.S.C.
    1182(n)(2)(F)) 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.''.
        (e) Information Sharing.--Section 212(n)(2)(H) (8 U.S.C.
    1182(n)(2)(H)) 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.''.

                        Subchapter C--Other Protections

    SEC. 453. 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:
        ``(m) 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.
        (c) Minor Violations.--Section 212(n)(2)(C)(i)(II) (8 U.S.C.
    1182(n)(2)(C)(i)(II)) is amended by striking ``shall'' and inserting
    ``may''.
        (d) Posting Available Positions Through Department of Labor.--
                (1) Department of labor website.--Section 212(n)(3) (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 Comprehensive Immigration Reform Act of 2010,
            the Secretary of Labor shall establish a searchable Internet
            website for posting positions as required by paragraph (1)(C),
            which 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.''.
                (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 the
            Internet website required under section 212(n)(3) of the
            Immigration and Nationality Act will be operational.
                (3) Application.--The amendments made by paragraph (1)
            shall apply to an application filed on or after the date that
            is 30 days after the date described in paragraph (2).

    SEC. 454. H-1B AND L-1 VISA REQUIREMENTS.

        (a) Additional H-1B Visa Reforms.--
                (1) In general.--Section 214(g)(5) (8 U.S.C. 1184(g)(5)) is
            amended--
                        (A) in subparagraph (B)--
                                (i) by striking ``nonprofit research'' and
                            inserting ``nonprofit'';
                                (ii) by inserting ``Federal, State, or
                            local'' before ``governmental''; and
                                (iii) by striking ``or'' at the end;
                        (B) in subparagraph (C) by adding at the end ``or
                    has been awarded a medical specialty certification
                    based on post-doctoral training and experience in the
                    United States.''; and
                (2) Applicability.--The amendments made by subsection (a)
            shall apply to any petition or visa application pending on the
            date of enactment of this Act and any petition or visa
            application filed on or after such date.
        (b) Requirements for Information for H-1B and L-1 Nonimmigrants.--
    Section 214 (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).''.

    SEC. 455. 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.

               Subchapter D--L-1 Visa Fraud and Abuse Protections

    SEC. 456. L-1 EMPLOYER PETITION REQUIREMENTS.

        (a) Employment at New Offices.--Section 214(c)(2) (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.''.
        (b) Cooperation With Secretary of State.--Section 214(c)(2) (8
    U.S.C. 1184(c)(2)), as amended by subsection (a), 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.''.
        (c) Investigation and Disposition of Complaints Against L-1
    Employers.--Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by this
    section, 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.''.
        (d) Wage Rate and Working Conditions for L-1 Nonimmigrant.--
                (1) In general.--Section 214(c)(2) (8 U.S.C. 1184(c)(2)),
            as amended by this section, is further amended by adding at the
            end the following:
        ``(J)(i) 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.
        ``(ii) 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).
        ``(iii) 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.''.
                (2) Rulemaking.--The Secretary of Homeland Security shall
            promulgate rules, after notice and a period of comment, to
            implement the requirements of section 214(c)(2)(J) of the
            Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as added
            by paragraph (1). In promulgating rules under this paragraph,
            the Secretary shall take into consideration any special
            circumstances relating to intracompany transfers.
        (e) Penalties.--Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended
    by this section, 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.''.
        (f) Prohibition on Retaliation Against L-1 Nonimmigrants.--Section
    214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by this section, 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.''.
        (g) Technical Amendments.--Section 214(c)(2) (8 U.S.C. 1184(c)(2)),
    as amended by this section, is further amended by striking ``Attorney
    General'' each place it appears and inserting ``Secretary of Homeland
    Security''.
        (h) Reports on L-1 Nonimmigrants.--Section 214(c)(8) (8 U.S.C.
    1184(c)(8)) is amended by inserting ``(L),'' after ``(H),''.

    SEC. 457. APPLICATION.

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

    SEC. 458. 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 a report to the appropriate
    committees of Congress 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)).
        (b) Contents.--The report submitted under subsection (a) shall
    assess the efficiency and reliability of the process for reviewing the
    blanket petitions described in subsection (a), including whether the
    process includes adequate safeguards against fraud and abuse.
        (c) 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.

                CHAPTER 6--MISCELLANEOUS EMPLOYMENT VISA REFORMS

    SEC. 461. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA
                  PETITIONS.

        Pursuant to section 286(u) of the Immigration and Nationality Act
    (8 U.S.C. 1356(u)), the Secretary shall establish and collect--
         (a) a fee for premium processing of employment-based immigrant
    petitions; and
        (b) a fee for premium processing of an administrative appeal of any
    decision on a permanent employment-based immigrant petition.

    SEC. 462. VISA REVALIDATION.

        Section 222 (8 U.S.C. 1202) is amended--
                (1) in subsection (h), in the matter preceding subparagraph
            (1), by inserting ``and except as provided under subsection
            (i),'' after ``Act''; and
                (2) by adding at the end the following:
        ``(i) The Secretary of State shall permit an alien granted a
    nonimmigrant visa under subparagraph (E), (H), (I), (L), (O), or (P) of
    section 101(a)(15) to apply for a renewal of such visa within the
    United States if--
                ``(1) such visa is valid or did not expire more than 12
            months before the date of such application;
                ``(2) the alien is seeking a nonimmigrant visa under the
            same subparagraph under which the alien had previously received
            a visa; and
                ``(3) the alien has complied with the immigration laws and
            regulations of the United States.''.

    SEC. 463. APPLICATION FEES FOR INTENDING IMMIGRANTS.

        Section 402 of Public Law 111-230 is amended--
                (1) in subsection (a), by inserting ``and are not intending
            immigrants'' before the period at the end;
                (2) in subsection (b), by inserting ``and are not intending
            immigrants'' before the period at the end; and
                (3) by adding at the end the following:
        ``(d) Subsections (a) and (b) shall not apply to seasonal or
    intermittent nonimmigrants, and family members of nonimmigrants
    described in section 101(a)(15)(L).
        ``(e) For purposes of subsections (a) and (b), the term `intending
    immigrant' means any alien who intends to work and reside permanently
    in the United States, as evidenced by--
                ``(1) a pending or approved application for alien
            employment certification under section 212(a)(5)(A); or
                ``(2) a pending or approved petition under paragraph (1),
            (2) or (3) of section 203(b).''.

    SEC. 464. E-1, E-2, AND L-1 VISAS.

        (a) E-1 and E-2 Visas.--Section 101(a)(15)(E) (8 U.S.C.
    1101(a)(15)(E)) is amended--
                (1) by striking ``of commerce and navigation'';
                (2) by redesignating clause (iii) as clause (iv); and
                (3) by inserting ``(iii) to be employed by an entity
            described in clause (i) or (ii) as a manager, supervisor, or
            employee with essential skills to the enterprise, which is at
            least 50 percent owned by nationals of the treaty country and,
            if the entity is described in clause (ii), 1 or more nationals
            of the treaty country have invested, or are actively in process
            of investing, a substantial amount of capital to the
            enterprise;''.
        (b) L-1 Visas for Small Companies.--Section (a)(44)(C) of 8 U.S.C.
    1101 is amended by inserting at the end of the paragraph the following:
    ``Neither the small size of the organization, nor the small number of
    employees shall be a negative factor in determining managerial or
    executive status''.

    SEC. 465. TIME LIMITS FOR NONIMMIGRANTS TO DEPART THE UNITED STATES.

        Section 214 (8 U.S.C. 1184) is amended by adding at the end the
    following:
        ``(s) Separated Employees and Dependents.--
                ``(1) In general.--Any alien who ceases to be employed by
            the alien's petitioning employer, regardless of the reason for
            such separation, shall be automatically granted a period of
            authorized stay equal to 60 days from the date of separation in
            which to--
                        ``(A) depart the United States; or
                        ``(B) apply for change or extension of status.
                ``(2) Spouse and children.--
                        ``(A) In general.--The spouse and children of an
                    alien described in paragraph (1) shall be automatically
                    granted a period of authorized stay equal to the
                    principal alien employee.
                        ``(B) Death of principal alien employee.--The
                    spouse and children of a nonimmigrant alien who dies
                    shall be entitled to retain the dependent nonimmigrant
                    status to which they were eligible at the time of such
                    death until the later of--
                                ``(i) 1 year after such death; or
                                ``(ii) the date on which an adjudication of
                            benefits under section 204(l) is completed.''.

                              CHAPTER 7--POWER ACT

    SEC. 471. SHORT TITLE.

        This chapter may be cited as the`` Protect Our Workers from
    Exploitation and Retaliation Act'' or the ``POWER Act''.

    SEC. 472. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME.

        (a) Protection for Victims of Labor and Employment Violations.--
    Section 101(a)(15)(U) (8 U.S.C. 1101(a)(15)(U)) is amended--
                (1) in clause (i)--
                        (A) by amending subclause (I) to read as follows:
                                        ``(I) the alien--
                                                ``(aa) has suffered
                                            substantial abuse or harm as a
                                            result of having been a victim
                                            of criminal activity described
                                            in clause (iii);
                                                ``(bb) has suffered
                                            substantial abuse or harm
                                            related to a violation
                                            described in clause (iv);
                                                ``(cc) is a victim of
                                            criminal activity described in
                                            clause (iii) and would suffer
                                            extreme hardship upon removal;
                                            or
                                                ``(dd) has suffered a
                                            violation described in clause
                                            (iv) and would suffer extreme
                                            hardship upon removal;'';
                        (B) in subclause (II), by inserting ``, or a labor
                    or employment violation resulting in a workplace claim
                    described in clause (iv)'' before the semicolon at the
                    end;
                        (C) in subclause (III)--
                                (i) by striking ``or State judge, to the
                            Service'' and inserting ``, State, or local
                            judge, to the Department of Homeland Security,
                            to the Equal Employment Opportunity Commission,
                            to the Department of Labor, to the National
                            Labor Relations Board''; and
                                (ii) by inserting ``, or investigating,
                            prosecuting, or seeking civil remedies for a
                            labor or employment violation related to a
                            workplace claim described in clause (iv)''
                            before the semicolon at the end; and
                        (D) in subclause (IV)--
                                (i) by inserting ``(aa)'' after ``(IV)'';
                            and
                                (ii) by adding at the end the following:
                            ``or
                                                ``(bb) a workplace claim
                                            described in clause (iv)
                                            resulted from a labor or
                                            employment violation;'';
                (2) in clause (ii)(II), by striking ``and'' at the end;
                (3) in clause (iii), by striking ``or'' at the end and
            inserting ``and''; and
                (4) by adding at the end the following:
                                ``(iv) in the labor or employment violation
                            related to a workplace claim, the alien--
                                        ``(I) has filed, is a material
                                    witness in, or is likely to be helpful
                                    in the investigation of, a workplace
                                    claim (as defined in section
                                    274A(e)(10)(C)(iii)(II)); and
                                        ``(II) reasonably fears, has been
                                    threatened with, or has been the victim
                                    of, an action involving force, physical
                                    restraint, retaliation, or abuse of the
                                    immigration or other legal process
                                    against the alien or another person by
                                    the employer in relation to acts
                                    underlying the workplace claim or
                                    related to the filing of the workplace
                                    claim; or'';
        (b) Temporary Protection for Victims of Crime, Labor, and
    Employment Violations.--Notwithstanding any other provision of law, the
    Secretary may permit an alien to temporarily remain in the United
    States and grant the alien employment authorization if the Secretary
    determines that the alien--
                (1) has filed for relief under section 101(a)(15)(U) of the
            Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)); or
                (2)(A) has filed, or is a material witness to, a bona fide
            workplace claim (as defined in section 274A(e)(10)(B)(iii)(II)
            of such Act, as added by section 3(b)); and
                (B) has been helpful, is being helpful, or is likely to be
            helpful to--
                        (i) a Federal, State, or local law enforcement
                    official;
                        (ii) a Federal, State, or local prosecutor;
                        (iii) a Federal, State, or local judge;
                        (iv) the Department of Homeland Security;
                        (v) the Equal Employment Opportunity Commission;
                        (vi) the Department of Labor;
                        (vii) the National Labor Relations Board; or
                        (viii) other Federal, State, or local authorities
                    investigating, prosecuting, or seeking civil remedies
                    related to the workplace claim.
        (c) Conforming Amendments.--Section 214(p) (8 U.S.C. 1184(p)) is
    amended--
                (1) in paragraph (1), by inserting ``or investigating,
            prosecuting, or seeking civil remedies for workplace claims
            described in section 101(a)(15)(U)(iv)'' after ``section
            101(a)(15)(U)(iii)'' each place such term appears;
                (2) in paragraph (2)(A), by striking ``10,000'' and
            inserting ``20,000''; and
                (3) in paragraph (6)--
                        (A) by inserting ``or workplace claims described in
                    section 101(a)(15)(U)(iv)'' after ``described in
                    section 101(a)(15)(U)(iii)''; and
                        (B) by inserting ``or workplace claim'' after
                    ``prosecution of such criminal activity''.
        (d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1)
    (8 U.S.C. 1255(m)(1)) is amended by inserting ``or an investigation or
    prosecution regarding a workplace claim'' after ``prosecution''.
        (e) Change of Nonimmigrant Classification.--Section 384(a)(1) of
    the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
    (8 U.S.C. 1367(a)(1)) is amended--
                (1) in subparagraph (E), by striking ``physical or mental
            abuse and the criminal activity'' and inserting ``abuse and the
            criminal activity or workplace claim'';
                (2) in subparagraph (F), by adding ``or'' at the end; and
                (3) by inserting after subparagraph (F) the following:
                        ``(G) the alien's employer,''.

    SEC. 473. LABOR ENFORCEMENT ACTIONS.

        (a) Removal Proceedings.--Section 239(e) (8 U.S.C. 1229(e)) is
    amended--
                (1) in paragraph (1)--
                        (A) by striking ``In cases where'' and inserting
                    ``If''; and
                        (B) by inserting ``or as a result of information
                    provided to the Department of Homeland Security in
                    retaliation against individuals for exercising or
                    attempting to exercise their employment rights or other
                    legal rights'' after ``paragraph (2)''; and
                (2) in paragraph (2), by adding at the end the following:
                        ``(C) At a facility about which a workplace claim
                    has been filed or is contemporaneously filed.''.
        (b) Unlawful Employment of Aliens.--Section 274A(e) (8 U.S.C.
    1324a(e)) is amended by adding at the end the following:
                ``(10) Conduct in enforcement actions.--
                        ``(A) Enforcement action.--If the Department of
                    Homeland Security undertakes an enforcement action at a
                    facility about which a workplace claim has been filed
                    or is contemporaneously filed, or as a result of
                    information provided to the Department in retaliation
                    against employees for exercising their rights related
                    to a workplace claim, the Department shall ensure
                    that--
                                ``(i) any aliens arrested or detained who
                            are necessary for the investigation or
                            prosecution of workplace claim violations or
                            criminal activity (as described in subparagraph
                            (T) or (U) of section 101(a)(15)) are not
                            removed from the United States until after the
                            Department--
                                        ``(I) notifies the appropriate law
                                    enforcement agency with jurisdiction
                                    over such violations or criminal
                                    activity; and
                                        ``(II) provides such agency with
                                    the opportunity to interview such
                                    aliens; and
                                ``(ii) no aliens entitled to a stay of
                            removal or abeyance of removal proceedings
                            under this section are removed.
                        ``(B) Protections for victims of crime, labor, and
                    employment violations.--
                                ``(i) Stay of removal or abeyance of
                            removal proceedings.--An alien against whom
                            removal proceedings have been initiated under
                            chapter 4 of title II, who has filed a
                            workplace claim, who is a material witness in
                            any pending or anticipated proceeding involving
                            a workplace claim, or who has filed for relief
                            under section 101(a)(15)(U), shall be entitled
                            to a stay of removal or an abeyance of removal
                            proceedings and to employment authorization
                            until the resolution of the workplace claim or
                            the denial of relief under section
                            101(a)(15)(U) after exhaustion of
                            administrative appeals, whichever is later,
                            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 based on,
                                    or as a result of, any information
                                    provided to, or obtained by, the
                                    Department--
                                                ``(aa) from the alien's
                                            employer;
                                                ``(bb) from any outside
                                            source, including any anonymous
                                            source or any individual
                                            described in subparagraphs (A)
                                            through (G) of section
                                            1384(a)(1) of the Illegal
                                            Immigration Reform and
                                            Immigrant Responsibility Act of
                                            1996 (8 U.S.C. 1367(a)(1)); or
                                                ``(cc) during the
                                            prosecution or investigation 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) Duration.--Any stay of removal or
                            abeyance of removal proceedings and employment
                            authorization issued pursuant to clause (i)
                            shall remain valid until the resolution of the
                            workplace claim or the denial of relief under
                            section 101(a)(15)(U) after the exhaustion of
                            administrative appeals, and shall be extended
                            by the Secretary of Homeland Security for a
                            period of not longer than 3 additional years
                            upon determining that--
                                        ``(I) such relief would enable the
                                    alien asserting a workplace claim to
                                    pursue the claim to resolution;
                                        ``(II) the deterrent goals of any
                                    statute underlying a workplace claim
                                    would be served; or
                                        ``(III) such extension would
                                    otherwise further the interests of
                                    justice.
                                ``(iii) Definitions.--In this section:
                                        ``(I) Material witness.--
                                    Notwithstanding any other provision of
                                    law, 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.
                                        ``(II) Workplace claim.--The term
                                    `workplace claim' means any written or
                                    oral claim, charge, complaint, or
                                    grievance filed with, communicated to,
                                    or submitted to the employer, a
                                    Federal, State, or local agency or
                                    court, or an employee representative
                                    related to the violation of applicable
                                    Federal, State, and local labor laws,
                                    including laws concerning wages and
                                    hours, labor relations, family and
                                    medical leave, occupational health and
                                    safety, or nondiscrimination.''.

    SEC. 474. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated such sums as may be
    necessary to carry out this chapter and the amendments made by this
    chapter.

       CHAPTER 8--AGRICULTURAL JOB OPPORTUNITIES, BENEFITS, AND SECURITY

    SEC. 475. SHORT TITLE.

        This chapter may be cited as the ``Agricultural Job Opportunities,
    Benefits, and Security Act of 2010'' or the ``AgJOBS Act of 2010''.

                         Subchapter A--Blue Card Status

    SEC. 476. 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) has performed agricultural employment in the United
            States for at least 863 hours or 150 work days during the 24-
            month period ending on December 31, 2008;
                (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 the 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 478(a)(2);
            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
                            478(a)(2);
                                (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 478(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 determines, 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 $100 fine
    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.
        (i) Treatment of Aliens Granted Blue Card Status.--
                (1) 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.).
                (2) Delayed eligibility for certain federal public
            benefits.--Except as otherwise provided in law, an alien
            granted blue card status (including a spouse or child of the
            alien granted derivative 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 478.

    SEC. 477. APPLICATION FOR BLUE CARD STATUS.

        (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 478
            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 476(a)(1) or 478(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 476(a) or 478(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 476(a)(1) or 478(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 476(a)(1) or 478(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 title, 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 title 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 may 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 478 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 478 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 478.
        (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 478; 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 478.

    SEC. 478. 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
                    476(e); or
                        (B) documentation that may be submitted under
                    section 477(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 479(a)(2);
                        (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. 479. OTHER PROVISIONS.

        (a) Waiver of Numerical Limitations and Certain Grounds for
    Inadmissibility.--
                (1) 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 478.
                (2) 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 478(b)(2)(A) the following rules shall
            apply:
                        (A) 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.
                        (B) Waiver of other grounds.--
                                (i) 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.
                                (ii) 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).
                                (iii) 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).
                        (C) Special rule for determination of public
                    charge.--An alien is not ineligible for blue card
                    status or an adjustment of status under section 478 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.
                (3) Temporary stay of removal and work authorization for
            certain applicants.--
                        (A) 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 476(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--
                                (i) may not be removed; and
                                (ii) 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.
                        (B) 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 476(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--
                                (i) may not be removed; and
                                (ii) 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.
        (b) Administrative and Judicial Review.--
                (1) 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 478
            except in accordance with this section.
                (2) Administrative review.--
                        (A) 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.
                        (B) 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.
                (3) Judicial review.--
                        (A) 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).
                        (B) 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.
        (c) Use of Information.--Beginning not later than the first day of
    the application period described in section 476(a)(2), the Secretary,
    in cooperation with qualified designated entities (as that term is
    defined in section 477(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.
        (d) Regulations, Effective Date, Authorization of Appropriations.--
                (1) Regulations.--The Secretary shall issue regulations to
            implement this chapter not later than the first day of the
            seventh month that begins after the date of enactment of this
            Act.
                (2) Effective date.--This chapter shall take effect on the
            date that regulations required under subsection (a) are issued,
            regardless of whether such regulations are issued on an interim
            basis or on any other basis.
                (3) 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 2011 and 2012.

    SEC. 480. 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
                    AgJOBS Act of 2010.''; 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.

                  Subchapter B--Reform of H-2A Worker Program

    SEC. 481. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT.

        (a) In General.--Title II (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 sections 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; and
                                ``(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.''.

                     Subchapter C--Miscellaneous Provisions

    SEC. 482. 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 480 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 480,
            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 480, 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 480 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; and
                (2) the provisions of this Act.

    SEC. 483. RULEMAKING.

        (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 480 of this Act, shall take effect on the effective date of
    section 480 and shall be issued not later than 1 year after the date of
    enactment of this Act.

    SEC. 484. 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 section 218B(e)(2) of such Act;
                (3) the number of such aliens who departed the United
            States within the period specified in section 218B(d) of such
            Act;
                (4) the number of aliens who applied for blue card status
            pursuant to section 476(a);
                (5) the number of aliens who were granted such status
            pursuant section 476(a);
                (6) the number of aliens who applied for an adjustment of
            status pursuant to section 478(a); and
                (7) the number of aliens who received an adjustment of
            status pursuant section 478(a).
        (b) Implementation Report.--Not later than 180 days after the date
    of the enactment of this Act, the Secretary shall prepare and submit a
    report to Congress that describes the measures being taken and the
    progress made in implementing this Act.

    SEC. 485. EFFECTIVE DATE.

        Section 481 and the amendments made by section 480 shall take
    effect 1 year after the date of the enactment of this Act.

               TITLE V--REGISTRATION OF UNDOCUMENTED INDIVIDUALS

                Subtitle A--Lawful Prospective Immigrant Status

    SEC. 501. LAWFUL PROSPECTIVE IMMIGRANT STATUS.

        (a) In General.--
                (1) Authority to grant lawful prospective immigrant
            status.--Notwithstanding any other provision of law, the
            Secretary may grant an alien status as a Lawful Prospective
            Immigrant if the alien--
                        (A) submits an application for such status; and
                        (B) meets the requirements of this section.
                (2) Treatment of applicants.--For purposes of this section,
            an applicant for Lawful Prospective Immigrant status shall be
            treated as an applicant for admission to the United States.
        (b) Eligibility Requirements.--
                (1) In general.--To be eligible for status as a Lawful
            Prospective Immigrant an alien shall the requirements of this
            section including the following:
                        (A) Ineligibility.--The alien shall not ineligible
                    for such status under paragraph (2).
                        (B) Inadmissibility.--Except as provided in
                    paragraph (3), the alien shall not be inadmissible
                    under section 212(a) of the Immigration and Nationality
                    Act (hereinafter in this subtitle referred to as ``the
                    Act'') (8 U.S.C. 1182(a)).
                        (C) Physical presence.--The alien shall--
                                (i) be physically present in the United
                            States on the date of application for status as
                            a Lawful Prospective Immigrant;
                                (ii) have been present in the United States
                            before September 30, 2010; and
                                (iii) have maintained continuous physical
                            presence in the United States from September
                            30, 2010 to the date on which the alien is
                            granted status as a Lawful Prospective
                            Immigrant under this title;
                (2) Grounds of ineligibility.--
                        (A) In general.--An alien is ineligible for Lawful
                    Prospective Immigrant status if the Secretary
                    determines that the alien--
                                (i) has been convicted of any offense under
                            Federal or State law punishable with a maximum
                            term of imprisonment of more than 1 year;
                                (ii) is a person described in sections
                            237(a)(2)(A)(iii), (a)(2)(E)(i), or
                            (a)(2)(E)(ii) of the Act;
                                (iii) has 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;
                                (iv) is entering, has entered or has
                            attempted to enter the United States illegally
                            on or after September 30, 2010; or
                                (v) is on September 30, 2010--
                                        (I) an alien lawfully admitted for
                                    permanent residence;
                                        (II) an alien granted asylum under
                                    section 208 of the Act or admitted as a
                                    refugee under section 207 of the Act;
                                        (III) an alien who, according to
                                    the records of the Secretary, is in a
                                    period of authorized stay in any
                                    nonimmigrant status (other than an
                                    alien considered to be in a
                                    nonimmigrant status solely by reason of
                                    section 244(f)(4) of the Act),
                                    notwithstanding any unauthorized
                                    employment or other violation of
                                    nonimmigrant status;
                                        (IV) an alien paroled into the
                                    United States under section 212(d)(5)
                                    of the Act for purposes of prosecution
                                    or of serving as a witness in
                                    proceedings being, or to be, conducted
                                    by judicial, administrative, or
                                    legislative bodies in the United
                                    States; or
                                        (V) an alien paroled into the
                                    Commonwealth of the Northern Mariana
                                    Islands.
                        (B) Construction.--For purposes of determining
                    ineligibility under this paragraph, section 101(a)(48)
                    of the Act shall apply to determinations of conviction
                    or sentencing for an offense.
                (3) Grounds of inadmissibility.--
                        (A) In general.--In determining an alien's
                    admissibility under paragraph (1)(B)--
                                (i) Section 212(a)(5) of the Act shall not
                            apply, and paragraphs (6)(A), (6)(B), (6)(C),
                            (6)(D), (6)(F), (6)(G), (7), (9), and (10)(B)
                            of section 212(a) of the Act shall not apply
                            with regard to conduct or unlawful presence
                            occurring before the date of application;
                                (ii) the Secretary may not waive--
                                        (I) subparagraphs (B), (C),
                                    (D)(ii), (E), (H), (I), or (J) (as
                                    amended by this Act) of section
                                    212(a)(2) of the Act (relating to
                                    criminals);
                                        (II) section 212(a)(3) of the Act
                                    (relating to security and related
                                    grounds);
                                        (III) subparagraphs (A), (C), or
                                    (D) of section 212(a)(10) of the Act
                                    (relating to polygamists and child
                                    abductors); or
                                        (IV) paragraph (6)(A)(i) of section
                                    212(a) of the Act (with respect to any
                                    entries occurring on or after September
                                    30, 2010); and
                                (iii) the Secretary may in her discretion
                            waive the application of any provision of
                            section 212(a) of the Act not listed in clause
                            (ii) on behalf of an individual alien for
                            humanitarian purposes, to ensure family unity,
                            or if such waiver is otherwise in the public
                            interest.
                        (B) Construction.--Nothing in this paragraph shall
                    be construed as requiring the Secretary to commence
                    removal proceedings against an alien. 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.
                (4) Continuous physical presence.--For purposes of this
            subsection, any absence from the United States without
            authorization pursuant to subsection (d)(1)(A)(ii) of this
            section shall constitute a break in continuous physical
            presence.
                (5) Applicability of other provisions.--Section 240B(d) of
            the Act and section 208(d)(6) of the Act shall not apply to an
            alien with respect to an application for status under this
            section.
        (c) Application Procedures.--
                (1) Filing of application.--
                        (A) In general.--In accordance with the rulemaking
                    procedures described in section 608 of this title--
                                (i) the Secretary shall prescribe by
                            interim final rule published in the Federal
                            Register--
                                        (I) the procedures for an alien in
                                    the United States to apply for status
                                    as a Lawful Prospective Immigrant;
                                        (II) the procedures for an alien
                                    granted Lawful Prospective Immigrant
                                    status to petition for a spouse or
                                    child outside the United States to be
                                    classified as a Lawful Prospective
                                    Immigrant; and
                                        (III) the evidence required to
                                    demonstrate eligibility for such
                                    status, or otherwise required as part
                                    of the application, including, but not
                                    limited to, information about the
                                    alien's spouse or children; and
                                (ii) the Secretary of State shall prescribe
                            by regulation published in the Federal
                            Register--
                                        (I) the procedures for an alien
                                    overseas who is the beneficiary of an
                                    approved petition for status as a
                                    Lawful Prospective Immigrant to apply
                                    at a consulate for a visa or other
                                    appropriate documentation authorizing
                                    travel to a United States port of
                                    entry; and
                                        (II) the evidence required to
                                    demonstrate eligibility for such
                                    documentation.
                        (B) Receipt of applications.--The Secretary shall
                    accept applications from aliens in the United States
                    for Lawful Prospective Immigrant status for a period of
                    1 year starting the first day of the tenth month that
                    begins after the date of enactment of this Act. If,
                    during the 1 year initial period for the receipt of
                    applications for Lawful Prospective Immigrant status,
                    the Secretary determines that additional time is
                    required to process applications for such status or for
                    other good cause, the Secretary may in her discretion
                    extend the period for accepting applications by up to 6
                    months.
                        (C) Application by aliens apprehended before start
                    of application period.--If an alien is apprehended
                    between the date of enactment of this Act and the date
                    on which the period for application under subparagraph
                    (B) of this paragraph closes, and the alien can
                    establish prima facie eligibility for status as a
                    Lawful Prospective Immigrant under this section, the
                    Secretary shall provide the alien with a reasonable
                    opportunity to file an application under this section
                    after regulations implementing this section are
                    promulgated.
                        (D) Application by aliens in removal proceedings.--
                    Notwithstanding any provision of the Act--
                                (i) if the Secretary determines that an
                            alien, between the date of enactment of this
                            Act and the date on which the period for
                            application under subparagraph (B) of this
                            paragraph closes, is in removal, deportation,
                            or exclusion proceedings before the Executive
                            Office for Immigration Review and is prima
                            facie eligible for Lawful Prospective Immigrant
                            status under this section, the Secretary shall
                            affirmatively communicate such determination to
                            the Executive Office for Immigration Review.
                            Upon consent of the alien, the Executive Office
                            for Immigration Review shall terminate such
                            proceedings without prejudice to future
                            proceedings on any basis and permit the alien a
                            reasonable opportunity to apply for such
                            status;
                                (ii) if the Executive Office for
                            Immigration Review determines that an alien,
                            between the date of enactment of this Act and
                            the date on which the period for application
                            under subparagraph (B) of this paragraph
                            closes, is in removal, deportation, or
                            exclusion proceedings before the Executive
                            Office for Immigration Review and is prima
                            facie eligible for Lawful Prospective Immigrant
                            status the Executive Office of Immigration
                            Review shall notify the Secretary. If the
                            Secretary does not dispute the determination of
                            prima facie eligibility within 14 days, upon
                            consent of the alien, the Executive Office for
                            Immigration Review shall terminate such
                            proceedings without prejudice to future
                            proceedings on any basis and permit the alien a
                            reasonable opportunity to apply for such
                            status.
                        (E) Application by aliens with certain orders.--
                                (i) In general.--An alien who is present in
                            the United States and has been ordered
                            excluded, deported, or removed, or ordered to
                            depart voluntarily from the United States under
                            any provision of the Act--
                                        (I) notwithstanding such order or
                                    section 241(a)(5) of the Act, may apply
                                    for Lawful Prospective Immigrant status
                                    under this title, provided all other
                                    conditions set forth in this section
                                    are met; and
                                        (II) shall not be required to file
                                    a separate motion to reopen,
                                    reconsider, or vacate the exclusion,
                                    deportation, removal, or voluntary
                                    departure order.
                                (ii) Application granted.--If the Secretary
                            grants the application described in
                            subparagraph (A) of this paragraph, the order
                            described in clause (i) shall be rendered null
                            and void by operation of law.
                                (iii) Application denied.--If the Secretary
                            renders a final administrative decision to deny
                            the application described in subparagraph (A)
                            of this paragraph, the order described in
                            clause (i) of this subparagraph shall be
                            effective and enforceable to the same extent as
                            if the application had not been made.
                (2) Application form.--
                        (A) In general.--The Secretary shall create an
                    application form that an alien shall be required to
                    complete as a condition of Lawful Prospective Immigrant
                    status.
                        (B) Language and assistance.--The Secretary shall
                    make available forms and accompanying instructions in
                    the most common languages spoken by persons in the
                    United States, as determined by the Secretary in the
                    Secretary's discretion. The Secretary shall create a
                    plan for providing reasonable accommodation to
                    individuals with disabilities consistent with
                    applicable law.
                        (C) Application information.--The application form
                    shall request such information as the Secretary deems
                    necessary and appropriate. The application, and all
                    information submitted as part of the application
                    process, shall be submitted in English.
                (3) Security and law enforcement background checks.--
                        (A) Submission of biometric and biographic data.--
                    The Secretary may not accord status as a Lawful
                    Prospective Immigrant unless the alien submits
                    biometric and biographic data in accordance with
                    procedures established by the Secretary, or, with
                    respect to overseas applications for visas or other
                    documentation of status submitted pursuant to
                    regulations promulgated under section 601(c)(1)(A)(ii),
                    by the Secretary of State. The Secretary shall provide
                    an alternative procedure for applicants who cannot
                    provide the standard biometric data because of a
                    physical impairment.
                        (B) Background checks.--The Secretary shall utilize
                    biometric, biographic, and other data that the
                    Secretary deems appropriate to conduct security and law
                    enforcement background checks and to determine whether
                    there exist any criminal, national security, or other
                    factors that would render the alien ineligible for
                    status under this section. Such security and law
                    enforcement background checks must be completed to the
                    satisfaction of the Secretary before status as a Lawful
                    Prospective Immigrant may be granted.
                (4) Fees and penalties.--
                        (A) Processing fees.--
                                (i) In general.--Aliens over the age of 14
                            making an application for status as a Lawful
                            Prospective Immigrant, an application for
                            extension of such status, or a petition for
                            classification of a spouse or child outside the
                            United States as a Lawful Prospective
                            Immigrant, shall be required to pay a
                            processing fee to the Department of Homeland
                            Security. Spouses or children of Lawful
                            Prospective immigrants applying at U.S.
                            embassies or consulates for a visa or other
                            documentation of status pursuant to regulations
                            promulgated under paragraph (1)(A)(ii) of this
                            subsection shall, regardless of age, be
                            required to pay a processing fee to the
                            Department of State. There shall be no waiver
                            of these fees.
                                (ii) Amount.--The amount of the respective
                            fees shall be set by regulation at a level
                            sufficient to recover the full cost of
                            processing the application.
                        (B) Penalties.--An alien 21 years of age or older
                    filing an initial application for the first extension
                    of the initial period of Lawful Prospective Immigrant
                    status shall be required to pay a penalty of $500 in
                    addition to the processing fee in subparagraph (A) of
                    this paragraph.
                        (C) Deposit and spending of fees.--The processing
                    fees described in subparagraph (A) of this paragraph
                    shall be deposited as an offsetting collection in the
                    appropriate account of the relevant agency identified
                    in subparagraph (A)(i) of this paragraph and shall
                    remain available until expended.
                        (D) Deposit, allocation, and spending of
                    penalties.--The penalty described in subparagraph (B)
                    of this paragraph shall be deposited and remain
                    available as provided by section 550 of this Act.
                (5) Interview.--The Secretary may interview an applicant
            for Lawful Prospective Immigrant status to determine
            eligibility for such status.
                (6) Adjudication of application filed by alien.--
                        (A) In general.--The Secretary may approve the
                    issuance of documentation of Lawful Prospective
                    Immigrant status, or documentation extending such
                    status, as described in paragraph (7) of this
                    subsection, to an applicant who establishes to the
                    satisfaction of the Secretary that the applicant is
                    eligible for such status, including provision of such
                    documentary or other evidence of eligibility as the
                    Secretary may require and only upon the completion of
                    all background and security checks to the satisfaction
                    of the Secretary.
                        (B) Burden of proof.--An alien who is applying for
                    Lawful Prospective Immigrant status under this section
                    must prove, by a preponderance of the evidence, that
                    the alien has satisfied the requirements of this
                    section and is eligible to receive such status.
                        (C) Denial of application.--
                                (i) An alien who fails to satisfy the
                            eligibility requirements for status as a Lawful
                            Prospective Immigrant, or extension of such
                            status, shall have his application for such
                            status or extension denied and any subsequent
                            applications filed by the alien for Lawful
                            Prospective Immigrant status shall be denied.
                                (ii) The Secretary shall deny the
                            application of an alien who fails to submit
                            requested initial evidence, including requested
                            biometric data, or any requested additional
                            evidence by the date required by the Secretary.
                                (iii) An alien whose application for status
                            under this section was denied under clause (ii)
                            of this subparagraph is not precluded from
                            filing a new application, including the payment
                            of all required fees and penalties, provided
                            that the new application is filed within the
                            period allowed under paragraph (1)(B) of this
                            subsection.
                (7) Evidence of lawful prospective immigrant status.--
                        (A) In general.--Documentary evidence of status as
                    a Lawful Prospective Immigrant shall be issued to each
                    alien whose application for such status has been
                    approved.
                        (B) Features of documentation.--Documentary
                    evidence of status as a Lawful Prospective Immigrant--
                                (i) shall be machine-readable and tamper-
                            resistant, and shall contain a digitized
                            photograph and at least one other biometric
                            identifier that can be authenticated;
                                (ii) shall, during the alien's authorized
                            period of admission under subsection (e)(3) of
                            this section and any extension of such
                            authorized period of admission under subsection
                            (e)(4) of this section, serve as a valid travel
                            and entry document for the purpose of applying
                            for admission to the United States;
                                (iii) may be accepted during the period of
                            its validity by an employer as evidence of
                            employment authorization and identity under
                            section 274A(b)(1)(B) of the Act;
                                (iv) shall be issued to a Lawful
                            Prospective Immigrant by the Secretary after
                            final adjudication of such alien's application
                            for such status or, in the case of an alien
                            outside the United States, after admission to
                            the United States as a Lawful Prospective
                            Immigrant; and
                                (v) shall include such other features and
                            information as the Secretary determines.
        (d) Lawful Prospective Immigrant Dependents.--
                (1) In general.--The Secretary may classify an alien not
            present in the United States as a Lawful Prospective Immigrant
            if--
                        (A) the alien is the spouse or child, as defined in
                    section 101(a)(35) of the Act (relating to spouse) and
                    101(b)(1) of the Act (relating to child), of a Lawful
                    Prospective Immigrant;
                        (B) the spouse or child meets the eligibility
                    requirements under subsection (b) (other than the
                    physical presence requirements under section
                    (b)(1)(C)), except that section 212(a)(7) of the Act
                    shall apply; and
                        (C) the Lawful Prospective Immigrant files a
                    petition in the United States for status as a Lawful
                    Prospective Immigrant on behalf of the spouse or child.
                (2) Revocation or denial of status.--A petition for
            classification as a Lawful Prospective Immigrant filed on
            behalf of a spouse or child described in paragraph (1) of this
            subsection shall be denied, an approved petition for
            classification as a Lawful Prospective Immigrant for such
            spouse or child shall be revoked, and any Lawful Prospective
            Immigrant status granted to such spouse or child shall be
            revoked, if the alien who filed the petition on behalf of the
            spouse or child was not eligible for Lawful Prospective
            Immigrant status at the time the alien filed an application
            under section 501(a) of this title.
        (e) Terms and Conditions of Lawful Prospective Immigrant Status.--
                (1) Benefits pending adjudication of application.--
                        (A) In general.--Until a final decision on the
                    application for Lawful Prospective Immigrant status, an
                    alien in the United States who files an application
                    under this section for Lawful Prospective Immigrant
                    status--
                                (i) may in the Secretary's discretion
                            receive advance parole to re-enter the United
                            States, but only when urgent humanitarian
                            circumstances compel such travel; and
                                (ii) may not be detained by the Secretary
                            or removed from the United States, unless the
                            Secretary determines in her discretion that
                            such alien is or has become--
                                        (I) ineligible for Lawful
                                    Prospective Immigrant status under
                                    section (b)(2) of this section;
                                        (II) inadmissible under section
                                    (b)(1)(B) of this section, without
                                    regard to the possibility of a waiver
                                    under section (b)(3)(A)(iii); or
                                        (III) removable under subsection
                                    (a)(2)(A)(iii), (a)(2)(E)(i), or
                                    (a)(2)(E)(ii) of section 237 of the
                                    Act;
                            provided that nothing in this section shall
                            prevent the Secretary from detaining an alien
                            for up to 48 hours on the basis of probable
                            cause that the alien is a person described in
                            clause (ii) of this subparagraph. Thereafter,
                            detention is authorized in accordance with the
                            provisions of the Immigration and Nationality
                            Act governing the removal process.
                        (B) Evidence of application filing.--A document
                    shall be issued by the Secretary showing receipt of an
                    application for Lawful Prospective Immigrant status.
                        (C) Continuing employment.--An employer who knows
                    that an alien employee is an applicant for Lawful
                    Prospective Immigrant status is not in violation of
                    section 274A(a)(2) of the Act if the employer continues
                    to employ the alien pending adjudication of the
                    application.
                        (D) Applicability of other provisions.--Section
                    101(g) of the Act shall not apply to an alien granted
                    advance permission under subparagraph (A)(ii) of this
                    paragraph to re-enter the United States.
                (2) Benefits of lawful prospective immigrant status.--
                        (A) Employment.--Notwithstanding any other
                    provision of law, including section 241(a)(7) of the
                    Act, Lawful Prospective Immigrants shall be granted
                    employment authorization incident to their Lawful
                    Prospective Immigrant status.
                        (B) Travel outside the united states.--
                                (i) In general.--A Lawful Prospective
                            Immigrant may travel outside of the United
                            States and may be admitted (if otherwise
                            admissible) upon return to the United States
                            without having to obtain a visa if--
                                        (I) the alien is the bearer of
                                    valid, unexpired documentary evidence
                                    of Lawful Prospective Immigrant status
                                    that satisfies the conditions set forth
                                    in subsection (c)(7) of this section;
                                        (II) the alien's absence from the
                                    United States was not for a period
                                    exceeding 6 months; and
                                        (III) the alien is not subject to
                                    the bars on extension described in
                                    paragraph (4)(C) of this subsection.
                                (ii) Admissibility.--On seeking readmission
                            to the United States after travel outside the
                            United States a Lawful Prospective Immigrant
                            shall establish that he or she is not
                            inadmissible in accordance with section 235 of
                            the Act, except as provided by subsection
                            (b)(3) of this section.
                                (iii) Effect on period of authorized
                            admission.--Time spent outside the United
                            States under clause (i) of this subparagraph
                            shall not extend the most recent period of
                            authorized admission in the United States under
                            paragraph (3) of this subsection.
                        (C) Protection from detention or removal.--A Lawful
                    Prospective Immigrant may not be detained by the
                    Secretary or removed from the United States, unless--
                                (i) the Secretary determines in her
                            discretion that such alien is or has become--
                                        (I) ineligible for Lawful
                                    Prospective Immigrant status under
                                    subsection (b)(2) of this section;
                                        (II) inadmissible under subsection
                                    (b)(1)(B) of this section; or
                                        (III) removable under subsection
                                    (a)(2)(A)(iii), (a)(2)(E)(i), or
                                    (a)(2)(E)(ii) of section 237 of the
                                    Act; or
                                (ii) the alien's Lawful Prospective
                            Immigrant status has expired or has been
                            revoked under paragraph (6) of this subsection,
                    provided that nothing in this section shall prevent the
                    Secretary from detaining a Lawful Prospective Immigrant
                    for up to 48 hours on the basis of probable cause that
                    the alien is a person described in clause (i) of this
                    subparagraph. Thereafter, detention is authorized in
                    accordance with the provisions of the Act governing the
                    removal process.
                        (D) Admission.--An alien granted status as a Lawful
                    Prospective Immigrant shall be considered to have been
                    admitted in Lawful Prospective Immigrant status as of
                    the date of approval of the alien's application or (in
                    the case of an alien outside the United States) on the
                    date such alien is admitted to the United States,
                    whichever is later. An alien in Lawful Prospective
                    Immigrant status is lawfully admitted, but is not a
                    nonimmigrant or an alien who has been lawfully admitted
                    for permanent residence.
                (3) Initial period of authorized admission.--Except as
            provided under paragraph (4) of this subsection, the initial
            period of authorized admission for a Lawful Prospective
            Immigrant may not exceed 4 years from the date on which such
            status is conferred. The Secretary may in her discretion
            provide for shorter expiration dates among subsets of Lawful
            Prospective Immigrants, based upon date of filing or other
            appropriate factors, in order to encourage early filing, vary
            expiration dates, or otherwise improve the administration of
            the program.
                (4) Extension.--
                        (A) In general.--The Secretary may extend a Lawful
                    Prospective Immigrant's period of lawful admission
                    beyond the initial period described in paragraph (3) of
                    this subsection only where the Lawful Prospective
                    Immigrant has filed, in the United States, a timely
                    application for extension. In no case, however, may the
                    period of authorized admission provided in any such
                    extension extend past the date that is 11 years after
                    the date of enactment of this Act.
                        (B) Eligibility.--In order to be eligible for an
                    extension of the period of authorized admission under
                    this paragraph, an alien must demonstrate continuing
                    eligibility for status as a Lawful Prospective
                    Immigrant and not be subject to any of the bars to
                    extension in subparagraph (C) of this paragraph.
                        (C) Bars to extension.--A Lawful Prospective
                    Immigrant shall not be eligible to extend such status
                    if--
                                (i) the alien has violated any term or
                            condition of his or her Lawful Prospective
                            Immigrant status; or
                                (ii) the period of authorized admission of
                            the Lawful Prospective Immigrant has expired or
                            been revoked for any reason.
                        (D) Filing of application for extension.--
                                (i) In general.--Except as provided in
                            clause (ii) of this subparagraph, an extension
                            of status under this subparagraph shall not be
                            approved where status as a Lawful Prospective
                            Immigrant expired or was revoked before the
                            date on which the application was filed.
                                (ii) Exception.--Failure to file before the
                            period of previously authorized admission
                            expired or was revoked may be excused in the
                            discretion of the Secretary, with any extension
                            granted from the date the previously authorized
                            period of admission expired, where it is
                            demonstrated at the time of filing that--
                                        (I) the delay was due to
                                    extraordinary circumstances beyond the
                                    control of the applicant, and the
                                    Secretary finds the delay commensurate
                                    with the circumstances; and
                                        (II) the alien has not otherwise
                                    violated the terms or conditions of his
                                    or her status as a Lawful Prospective
                                    Immigrant.
                        (E) Security and law enforcement background
                    checks.--An alien applying for extension of status as a
                    Lawful Prospective Immigrant shall be required to
                    submit to renewed security and law enforcement
                    background checks that shall be completed to the
                    satisfaction of the Secretary before such extension may
                    be granted.
                        (F) Denial of application for extension.--A denial
                    of an application for extension of status as a Lawful
                    Prospective Immigrant shall be considered a revocation
                    of such status for purposes of this title.
                (5) Registration requirement.--Part VII of the Act
            (relating to registration of aliens) shall apply to Lawful
            Prospective Immigrants, except that the Secretary may in her
            discretion excuse a delay of up to 90 days in complying with
            the requirement under section 265 of the Act to file notice of
            change of address. An alien whose failure to timely file such
            notice of an address change has been excused by the Secretary
            shall not be subject to the penalty under section 266(b) of the
            Act for that failure.
                (6) Revocation.--
                        (A) In general.--At any time after an alien has
                    been granted Lawful Prospective Immigrant status but
                    has not yet adjusted from such status to that of an
                    alien lawfully admitted for permanent residence under
                    section 502 of this title, the Secretary may revoke the
                    alien's status following appropriate notice to the
                    alien and exhaustion or waiver of all applicable
                    administrative review procedures under section 503 of
                    this title, if--
                                (i) the alien is or has become inadmissible
                            under subsection (b)(1)(B) of this section or
                            ineligible for such status under subsection
                            (b)(2) of this section;
                                (ii) the alien knowingly used documentation
                            issued under this section for unlawful or
                            fraudulent purposes; or
                                (iii) the alien is or was absent from the
                            United States for any single period of more
                            than six months since the grant of Lawful
                            Prospective Immigrant status.
                        (B) Additional evidence.--In considering
                    revocation, the Secretary may require the alien to
                    submit additional evidence or to appear for an
                    interview. A failure to comply with such requirements
                    will result in revocation except where the alien
                    demonstrates to the Secretary's satisfaction that such
                    failure was reasonably excusable and not willful.
                        (C) Invalidation of documentation.--Any
                    documentation that is issued by the Secretary under
                    subsection (c)(7) of this section to any alien shall
                    automatically be rendered invalid for any purpose
                    except departure, if the alien's status as a Lawful
                    Prospective Immigrant is revoked under subparagraph (A)
                    of this paragraph.
                (7) Medical examination.--A Lawful Prospective Immigrant is
            required to undergo medical observation and examination. The
            Secretary, with the concurrence of the Secretary of Health and
            Human Services, shall prescribe policies and procedures for the
            nature, frequency, and timing of such observation and
            examination.
                (8) Construction.--Nothing in this Act shall be construed
            to--
                        (A) require the Secretary to revoke status as a
                    Lawful Prospective Immigrant before commencing removal
                    proceedings with respect to an alien described in
                    subsection (a) of this section who has been granted
                    such status, or in any way prohibit the initiation of
                    such proceedings against a Lawful Prospective Immigrant
                    where such proceedings are authorized under this Act;
                    or
                        (B) authorize the Attorney General to adjudicate or
                    grant any application for status as a Lawful
                    Prospective Immigrant, to receive or consider an appeal
                    from a denial or revocation of Lawful Prospective
                    Immigrant status, or to adjust the status of any Lawful
                    Prospective Immigrant to an alien lawfully admitted for
                    permanent residence, unless the Secretary has delegated
                    such authority to the Attorney General in appropriate
                    cases pursuant to section 103(a)(6) of the Act.
        (f) Dissemination of Information on Lawful Prospective Immigrant
    Program.--After the enactment of this Act, the Secretary, in
    cooperation with entities approved by the Secretary, and in accordance
    with a plan adopted by the Secretary in the Secretary's discretion,
    shall broadly disseminate information regarding Lawful Prospective
    Immigrant status, the rights and benefits that flow from such status,
    and the requirements to be satisfied to obtain this status. Such
    information shall be disseminated in the top five principal languages,
    as determined by the Secretary in the Secretary's discretion, spoken by
    aliens who would qualify for status under this section, including to
    television, radio, and print media to which such aliens would have
    access.

    SEC. 502. ADJUSTMENT OF STATUS FOR LAWFUL PROSPECTIVE IMMIGRANTS.

        (a) In General.--Notwithstanding any other provision of law,
    including section 244(h) of the Act, the Secretary may adjust the
    status of a Lawful Prospective Immigrant to that of an alien lawfully
    admitted for permanent residence if the Lawful Prospective Immigrant
    satisfies, in addition to all other requirements imposed by law, the
    eligibility requirements under this section.
        (b) Eligibility Requirements.--
                (1) Lawful prospective immigrant status.--
                        (A) In general.--The alien must be in a period of
                    authorized admission as a Lawful Prospective Immigrant
                    and must continue to satisfy--
                                (i) the eligibility requirements for such
                            status under section 601(b) of this title; and
                                (ii) the terms and conditions of such
                            status under section 601(d) of this title.
                        (B) Maintenance of waivers of admissibility.--
                                (i) In general.--The grounds of
                            inadmissibility under section 212(a) of the Act
                            that are made inapplicable or previously waived
                            for the alien under section 501(b)(3) of this
                            title shall also be considered inapplicable for
                            purposes of the alien's adjustment pursuant to
                            this section.
                                (ii) Exception for post-filing conduct.--No
                            waiver previously granted shall apply to any
                            inadmissibility under section 501(b)(1)(B) of
                            this title arising out of conduct occurring
                            after the date on which the application for
                            Lawful Prospective Immigrant status was filed.
                        (C) Pending revocation proceedings.--If the
                    Secretary has sent the applicant a notice of intent to
                    revoke the applicant's Lawful Prospective Immigrant
                    status under section 501(e)(6)(A)(i) of this Act, an
                    application for adjustment under this section may not
                    be approved until the Secretary has made a final
                    determination on whether to revoke the applicant's
                    status.
                (2) Basic citizenship skills.--
                        (A) In general.--Except as provided under
                    subparagraph (C) of this paragraph, a Lawful
                    Prospective Immigrant who is 14 years of age or older
                    shall establish that he or she--
                                (i) meets the requirements under section
                            312 of the Act; or
                                (ii) is satisfactorily pursuing a course of
                            study, pursuant to standards established by the
                            Secretary of Education, in consultation with
                            the Secretary, to achieve such an understanding
                            of English and knowledge and understanding of
                            the history and Government of the United
                            States.
                        (B) Relation to naturalization examination.--A
                    Lawful Prospective Immigrant who demonstrates that he
                    or she meets the requirements under section 312 of the
                    Act 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 Act.
                        (C) Exceptions.--
                                (i) Mandatory.--Subparagraph (A) of this
                            paragraph 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 Act.
                                (ii) Discretionary.--The Secretary may
                            waive all or part of subparagraph (A) of this
                            paragraph for a Lawful Prospective Immigrant
                            who is at least 65 years of age on the date on
                            which an application is filed for adjustment of
                            status under this section.
                (3) Payment of taxes.--
                        (A) In general.--Not later than the date on which
                    the application for adjustment of status under this
                    section is filed, the applicant shall satisfy any
                    applicable Federal tax liability.
                        (B) Applicable federal tax liability.--For purposes
                    of subparagraph (A) of this paragraph, the term
                    ``applicable Federal tax liability'' means liability
                    for unpaid assessed Federal taxes, including penalties
                    and interest, owed.
                (4) Continuous physical presence.--The alien shall
            establish that the alien did not have a single absence from the
            United States of more than 6 months during the period of
            admission as a Lawful Prospective Immigrant.
                (5) Military selective service.--The alien shall establish
            that the alien has registered under the Military Selective
            Service Act (50 U.S.C. App. 451 et seq.), if the alien is
            subject to such registration under that Act.
        (c) Application Procedures.--
                (1) In general.--In accordance with the procedures
            described in section 508 of this title, the Secretary shall
            prescribe by regulation the procedures for an alien in the
            United States to apply for adjustment of status under this
            section and the evidence required to demonstrate eligibility
            for such adjustment.
                (2) Filing of application.--
                        (A) Back of the line.--An alien may not adjust
                    status to that of an alien lawfully admitted for
                    permanent residence under this section until the
                    earlier of--
                                (i) 30 days after an immigrant visa has
                            become available for all approved petitions
                            filed under sections 201 and 203 of the Act
                            that were filed before the date of enactment of
                            this Act; or
                                (ii) 8 years after the date of enactment of
                            this Act.
                        (B) Acceptance of applications.--No application to
                    adjust status under this section may be filed before
                    the date that is 6 years after the initial grant of
                    Lawful Prospective Immigrant status, regardless of
                    whether such date is after the date on which, pursuant
                    to subparagraph (A) of this paragraph, an alien may
                    adjust status under this section.
                (3) Fees and penalties.--
                        (A) Processing fees.--The Secretary shall impose a
                    processing fee on applications for adjustment filed
                    under this section which shall be sufficient to recover
                    the full cost of adjudicating the application,
                    including the cost of taking and processing biometrics,
                    and the cost of expenses relating to prevention and
                    investigation of fraud.
                        (B) Penalties.--An alien 21 years of age or over
                    who is filing an application for adjustment of status
                    under this section shall pay a $1000 penalty to the
                    Secretary, in addition to the processing fee required
                    under subparagraph (A) of this paragraph.
                        (C) Deposit, allocation, and spending of fees and
                    penalties.--Fees and penalties collected under
                    subparagraph (B) of this paragraph shall be deposited
                    and remain available as provided under section 501 of
                    this Act.
                (4) Interview.--The Secretary may interview an applicant
            for adjustment under this section to determine eligibility for
            such adjustment.
                (5) Security and law enforcement background checks.--An
            alien applying for adjustment under this section shall be
            required to submit to a renewed security and law enforcement
            background check that must be completed to the satisfaction of
            the Secretary before such adjustment may be granted.
                (6) Adjudication of adjustment application.--
                        (A) Evidence of continuous physical presence.--The
                    Secretary shall determine continuous physical presence
                    based upon the Secretary's records of admission to the
                    United States or such other relevant information as the
                    Secretary may require.
                        (B) Evidence of payment of taxes.--
                                (i) In general.--The alien may demonstrate
                            compliance with the requirement under paragraph
                            (b)(3) of this section by submitting
                            documentation, in accordance with regulations
                            promulgated by the Secretary, that establishes
                            that--
                                        (I) no such unpaid assessed Federal
                                    tax liability exists;
                                        (II) all such 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.
                                (ii) IRS cooperation.--The Secretary of the
                            Treasury, in consultation with the Secretary,
                            shall establish procedures pursuant to
                            applicable provisions of section 6103 of title
                            26, U.S. Code, under which the Commissioner of
                            Internal Revenue shall provide documentation
                            whereby the Secretary or the applicant may
                            establish the payment of all taxes required
                            under this subsection, to verify that the
                            individual meets the requirements of clause (i)
                            of this subparagraph.
                        (C) Burden of proof.--An alien who is applying for
                    adjustment of status under this section must prove, by
                    a preponderance of the evidence, that the alien has
                    satisfied the requirements of this section.

    SEC. 503. ADMINISTRATIVE REVIEW, REMOVAL PROCEEDINGS, AND JUDICIAL
                  REVIEW FOR ALIENS WHO HAVE APPLIED FOR LAWFUL PROSPECTIVE
                  IMMIGRANT STATUS.

        (a) Administrative Review.--
                (1) Exclusive administrative review.--Administrative review
            of a determination respecting an application for status as a
            Lawful Prospective Immigrant under section 501(b) of this title
            or respecting an application for adjustment of status under
            section 502 of this title shall be conducted solely as provided
            in this subsection.
                (2) Administrative appellate review.--
                        (A) Establishment of administrative appellate
                    authority.--The Secretary shall establish or designate
                    an appellate authority to provide for a single level of
                    administrative appellate review of a determination
                    respecting an application for status or revocation of
                    status as a Lawful Prospective Immigrant under section
                    501(b) of this title or respecting an application for
                    adjustment of status under section 502 of this title.
                    Any such application is not renewable in any proceeding
                    before the Attorney General.
                        (B) Single appeal.--
                                (i) Lawful prospective immigrant.--An alien
                            in the United States whose application for
                            status as a Lawful Prospective Immigrant under
                            section 501(b) of this title has been denied or
                            whose status as a Lawful Prospective Immigrant
                            has been revoked, may file with the Secretary
                            not more than 1 appeal of the denial or
                            revocation.
                                (ii) Adjustment of status.--An alien in
                            Lawful Prospective Immigrant status whose
                            application under section 502 of this title for
                            adjustment of status to that of an alien
                            lawfully admitted for permanent residence has
                            been denied may file with the Secretary not
                            more than 1 appeal of the denial.
                                (iii) Notice of appeal.--A notice of appeal
                            filed under this subsection must be filed not
                            later than 60 calendar days after the date of
                            service of the decision of denial or
                            revocation.
                        (C) Secretarial review.--Nothing in this subsection
                    shall be construed to limit the authority of the
                    Secretary, in the Secretary's sole and unreviewable
                    discretion, from certifying appeals to himself or
                    herself for review and final administrative decision.
                        (D) Denial of petitions for dependents.--Appeals of
                    a decision to deny a petition filed by a Lawful
                    Prospective Immigrant pursuant to regulations
                    promulgated under section 501(c)(1)(A)(i) of this title
                    to classify a spouse or child of such alien as a Lawful
                    Prospective Immigrant shall be to the administrative
                    appellate authority described in subsection (A) of this
                    paragraph.
                        (E) Stay of removal.--Aliens seeking administrative
                    review under this section shall not be removed from the
                    United States until a final decision is rendered
                    establishing ineligibility under this title, unless
                    such removal is based on criminal or national security
                    grounds.
                (3) Record for review.--Administrative appellate review
            referred to in paragraph (2) of this subsection shall be based
            solely upon the administrative record established at the time
            of the determination on the application and upon such
            additional newly discovered or previously unavailable evidence
            as the administrative appellate review authority may in its
            discretion decide to consider.
                (4) Limitation on motions to reopen and reconsider.--
                        (A) No motion to reopen or reconsider initial
                    decision.--An alien may not file a motion to reopen or
                    reconsider the denial of an application for status as a
                    Lawful Prospective Immigrant or for adjustment of
                    status under this title, or the revocation of an
                    alien's status as a Lawful Prospective Immigrant under
                    this title.
                        (B) One motion to reopen or reconsider appellate
                    decision.--An alien may not file more than one motion
                    to reopen or to reconsider the decision of the
                    administrative appellate authority under this section.
                    Such motions must be filed not later than 60 days after
                    the date of service of the administrative appellate
                    decision. The Secretary's decision whether to consider
                    any such motion is committed to the Secretary's sole
                    and unreviewable discretion and shall not be subject to
                    any judicial review.
        (b) Self Initiated Removal and Notice Preserving Judicial Review.--
                (1) In general.--Except as provided in subparagraphs (2)
            and (3) of this subsection, any alien who receives a denial of
            an administrative appeal filed under subsection (a) may
            request, not later than 60 calendar days after the date of
            service of the administrative appellate decision, that the
            Secretary place the alien in removal proceedings. That request
            shall serve as a notice preserving judicial review of the
            denial. The Secretary shall place such alien in removal
            proceedings to which the alien would otherwise be subject,
            provided that no court shall have jurisdiction to review the
            timing of the Secretary's initiation of such proceedings. If
            removal proceedings are not commenced within one year of the
            timely filing of the request specified in this section, the
            alien may petition for review as if an order of removal was
            filed within one year of the request.
                (2) Aliens in removal proceedings.--Any alien who is in
            removal, deportation, or exclusion proceedings that are not
            administratively final and who receives a denial of an
            administrative appeal filed under subsection (a) of this
            section, may file with the Secretary, not later than 60
            calendar days after the date of service of the administrative
            appellate decision, a notice to preserve judicial review of
            that appeal.
                (3) Aliens with a final removal order.--Any alien who is
            subject to an administratively final, unexecuted order of
            removal, deportation, or exclusion and who receives a denial of
            an administrative appeal filed under subsection (a) of this
            section, may file with the Secretary, not later than 60
            calendar days after the date of service of the administrative
            appellate decision, a notice to preserve judicial review of
            that appeal. Nothing in this subsection shall be construed to
            authorize motions to reopen or reconsider the removal order not
            otherwise permitted under statute or regulation.
                (4) Effect of motions to reopen or reconsider.--The 60-day
            period described in paragraphs (1), (2), and (3) of this
            subsection shall not be affected or extended by the filing of a
            motion to reopen or reconsider.
                (5) Effect of service by mail.--If the administrative
            appellate decision described in paragraphs (1), (2), and (3) of
            this subsection is served by mail, the date of mailing shall be
            considered the date of service, and 3 days shall be added to
            the prescribed period that the alien has to file the request or
            notices under such paragraphs.
        (c) Judicial Review.--Section 242 of the Act is amended--
                (1) in subsection (b)(2), by striking ``completed the
            proceedings'' and inserting ``or the Secretary of Homeland
            Security completed the removal proceedings'';
                (2) by amending subsection (d)(1) to read:
                ``(1) the alien has exhausted all administrative remedies
            available to the alien as of right, except that the alien need
            not file an administrative appeal of an order of an immigration
            judge if the alien seeks review solely of a denial or
            revocation of Lawful Prospective Immigrant status pursuant to
            subsection (i)(3), and''; and
                (3) by adding at the end the following:
        ``(i) Judicial Review of Determinations Relating to Lawful
    Prospective Immigrant Status.--
                ``(1) Direct review.--A person whose application for
            classification or adjustment of status under this section is
            denied after administrative appellate review under Title V of
            the CIR Act of 2010 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 adjustment of status under Title V of the
            CIR Act of 2010 in conjunction with judicial review of an order
            of removal, deportation, or exclusion, but only if the validity
            of the denial has not been upheld in a prior judicial
            proceeding under paragraph (1).
                ``(3) Standard for judicial review.--Judicial review of a
            denial of an application under Title V of the CIR Act of 2010
            shall be based upon the administrative record established at
            the time of the review, but the court may remand the case to
            the Secretary 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 Secretary. Notwithstanding any other provision of law,
            judicial review of all questions arising from a denial of an
            application under Title V of the CIR Act of 2010 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 Title V of the CIR Act of 2010 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.
                ``(5) Stay of removal.--Aliens seeking judicial review
            under section 503 of the CIR Act of 2010 shall not be removed
            from the United States until a final decision is rendered
            establishing ineligibility under this title.
                ``(6) No review for late filings.--An alien may not file an
            application for Lawful Prospective Immigrant status, under
            title V of the CIR Act of 2010 beyond the period for receipt of
            such applications established by section 501(e)(1) of such Act.
            The denial of any application filed beyond the expiration of
            the period established by that subsection shall not be subject
            to judicial review or remedy, including under paragraph (5).
                ``(7) Challenges on validity of the system established by
            title v of the cir act of 2010.--
                        ``(A) In general.--Any claim that title V of the
                    CIR Act of 2010, or any regulation, guideline,
                    directive, or procedure issued to implement that title,
                    violates the Constitution of the United States or is
                    otherwise in violation of law is available exclusively
                    in an action instituted in the United States District
                    Court for the District of Columbia in accordance with
                    the procedures prescribed in this paragraph. No claims
                    challenging the validity of the system established by
                    title V of the CIR Act of 2010 may be initiated after
                    the period for receipt of such applications established
                    by subsection 501(c)(1) of title VI of the CIR Act of
                    2010 by or on behalf of an alien who did not timely
                    file for Lawful Prospective Immigrant status.
                        ``(B) Deadlines for bringing actions.--Any action
                    instituted under this paragraph shall, if it asserts a
                    claim that this title or any regulation, guideline,
                    directive, or procedure issued by or under the
                    authority of the Secretary to implement that title
                    violates the Constitution or is otherwise unlawful, be
                    filed no later than one year after the date of the
                    publication or promulgation of the challenged
                    regulation, policy or directive or, in cases
                    challenging the validity of the Act, within one year of
                    enactment.
                        ``(C) Subject to subparagraph (D), nothing in
                    subparagraph (A) or (B) shall preclude an applicant for
                    Lawful Prospective Immigrant status under title VI of
                    the CIR Act of 2010 from asserting that an action taken
                    or decision made by the Secretary with respect to his
                    status under that title was contrary to law in a
                    proceeding under section 503 of title V of the CIR Act
                    of 2010.
                        ``(D) Class actions.--Any claim described in
                    subparagraph (A) that is brought as a class action
                    shall be brought in conformity with the Class Action
                    Fairness Act of 2005, Public Law 109-2, and the Federal
                    Rules of Civil Procedure. After the expiration of the
                    period for receipt of such applications established by
                    section 501(c)(1) of title V of the CIR Act of 2010, an
                    alien who did not timely file for Lawful Prospective
                    Immigrant status may not be a class member of or
                    otherwise benefit from a class action described in
                    subparagraph (A).
                        ``(E) Exhaustion and stay of proceedings.--No claim
                    brought under this paragraph shall require the
                    plaintiff to exhaust administrative remedies under
                    section 503 of title V of the CIR Act of 2010, but
                    nothing shall prevent the court from staying
                    proceedings under this paragraph to permit the
                    Secretary to evaluate an allegation challenging a
                    policy or practice or to take corrective action. In
                    issuing such a stay, the court shall take into account
                    any harm the stay may cause to the claimant and to the
                    government. This subsection conveys no authority to
                    stay proceedings initiated under any other section of
                    the Act.
                        ``(F) Expeditious consideration of cases.--It shall
                    be the duty of the District Court, the Court of
                    Appeals, and the United States Supreme Court to advance
                    on the docket and to expedite to the greatest possible
                    extent the disposition of any case considered under
                    this section.''.

    SEC. 504. CONFIDENTIALITY OF INFORMATION.

        (a) In General.--Except as otherwise provided in this section and
    in section 507 of this title, no Federal agency or bureau, or any
    officer or employee of such agency or bureau, may, without the written
    consent of the applicant--
                (1) use the information furnished by the applicant pursuant
            to an application filed under section 501 or 502 of this title,
            for any purpose, other than to make a determination on the
            application, including revocation of an application previously
            approved;
                (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, employees
            or contractors of such agency or bureau, to examine individual
            applications that have been filed.
        (b) Required Disclosures.--
                (1) The Secretary shall provide the information furnished
            pursuant to an application filed under section 501 or 502 of
            this title, and any other information derived from such
            furnished information, to--
                        (A) a Federal, state, tribal, or local law
                    enforcement agency, intelligence agency, national
                    security agency, component of the Department of
                    Homeland Security, court, or grand jury in connection
                    with a criminal investigation or prosecution, a
                    background check conducted pursuant to the Brady
                    Handgun Violence Protection Act, or for homeland
                    security or national security purposes, in each
                    instance about an individual, when such information is
                    requested by such entity or consistent with an
                    information sharing agreement or mechanism; 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.
                (2) Nothing in this section shall be construed as
            prohibiting any entity described in paragraph (1)(A) of this
            subsection from disseminating information provided to such
            entity under this subsection by the Secretary for any
            authorized purpose.
        (c) Inapplicability After Denial, Revocation, or Abandonment.--The
    limitations under subsection (a) of this section--
                (1) shall apply only until an application filed under
            section 501 or 502 of this title is denied and all
            opportunities for administrative appeal of the denial have been
            exhausted;
                (2) shall not apply to the use of the information furnished
            pursuant to such application in any removal proceeding or other
            criminal or civil case or action, including administrative
            action, relating to an alien whose application has been granted
            that is based upon any violation of law committed or discovered
            after such grant; and
                (3) shall not apply in a case in which--
                        (A) the Secretary has revoked the alien's status as
                    a Lawful Prospective Immigrant, or
                        (B) the alien's Lawful Prospective Immigrant status
                    has expired.
        (d) Fraud in Application Process or Criminal Conduct.--
    Notwithstanding any other provision of this section, information
    concerning whether the applicant has engaged in fraud in the
    application for Lawful Prospective Immigrant status or for adjustment
    of status from Lawful Prospective Immigrant status or at any time
    committed a crime may be used or released for immigration enforcement,
    law enforcement, or national security purposes.
        (e) Auditing and Evaluation of Information.--
                (1) The Secretary may audit and evaluate information
            furnished as part of any application filed under section 501 or
            502 of this title for purposes of identifying fraud or fraud
            schemes, and may use any evidence of fraud detected by means of
            audits, evaluations, or other means for purposes of
            investigating, prosecuting or referring for prosecution,
            denying, or terminating immigration benefits.
                (2) Nothing in this section shall be construed as limiting
            the authority of the relevant Offices of Inspector General from
            conducting reviews, audits, oversight, and administrative,
            civil or criminal investigations.
        (f) Use of Information in Immigration Matters Subsequent to
    Adjustment of Status.--If the Secretary has adjusted an alien's status
    to that of an alien lawfully admitted for permanent residence pursuant
    to section 502 of this title, then at any time thereafter the Secretary
    may use the information furnished by the alien in the application for
    adjustment of status or in the applications for status pursuant to
    sections 501 of this title in any subsequent immigration matter.
        (g) Other Authorized Disclosures.--The Federal Bureau of
    Investigation may disclose information derived from biometric and
    biographic checks of the applicant to assist in the apprehension of a
    person who is the subject of a warrant of arrest, or to notify
    intelligence agencies of the location of a known or suspected
    terrorist.
        (h) Civil Penalty.--Whoever willfully uses, publishes, or permits
    information to be disclosed in violation of this section shall be
    subject to appropriate disciplinary action and subject to a civil
    monetary penalty of not more than $5,000.
        (i) Construction.--Nothing in this section shall be construed to
    limit the use or release for immigration enforcement purposes of
    information contained in files or records of the Secretary or Attorney
    General pertaining to an application filed under section 501 or 502 of
    this title, 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.
        (j) Interagency Fraud Prevention Coordination.--The Secretary or
    the Secretary's designee shall convene an interagency committee to
    address issues relating to the identification, prevention,
    investigation, and prosecution of fraud and related conduct in
    connection with this program.

    SEC. 505. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.

        Section 201(b)(1) of the Act (8 U.S.C. 1151(b)(1)), is amended by
    adding at the end the following:
                        ``(N) Aliens whose status is adjusted from that of
                    a Lawful Prospective Immigrant under section 502 of CIR
                    Act of 2010.''.

    SEC. 506. EMPLOYER PROTECTIONS.

        (a) Use of Employment Records.--Copies of employment records or
    other evidence of employment provided by an alien or by an alien``s
    employer in support of an alien''s application for Lawful Prospective
    Immigrant status under section 601 of this title shall not be used in a
    prosecution or investigation (civil or criminal) of that employer under
    section 274A of the Act or the tax laws of the United States for the
    prior unlawful employment of that alien, regardless of the adjudication
    of such application or reconsideration by the Secretary of such alien's
    prima facie eligibility determination. This section does not apply to
    employment records submitted by aliens or employers that are deemed to
    be fraudulent.
        (b) Applicability of Other Law.--Nothing in this section may be
    used to shield an employer from liability under section 274B of the Act
    or any other labor or employment law.

    SEC. 507. ASSIGNMENT OF SOCIAL SECURITY NUMBER.

        The Commissioner of the Social Security Administration, in
    coordination with the Secretary, shall implement a system to allow for
    the assignment of a Social Security number and issuance of a Social
    Security card after the Secretary has granted an alien status as a
    Lawful Prospective Immigrant. The Secretary shall provide to the
    Commissioner of Social Security information from the application filed
    under section 501(a) of this title and such other information as the
    Commissioner of Social Security deems necessary to assign a Social
    Security account number. The Commissioner of Social Security may use
    such information to assign such Social Security account numbers and to
    administer the programs for which the Commissioner of Social Security
    has responsibility. The Commissioner of Social Security may maintain,
    use, and disclose such information only as permitted by the Privacy Act
    and other federal law.

                           Subtitle B--Implementation

    SEC. 511. RULEMAKING.

        (a) In General.--The Secretary and Attorney General separately
    shall issue interim final regulations within nine months of the date of
    enactment of this title to implement this title and the amendments made
    by this title. Such interim final regulations shall become effective
    immediately upon publication in the Federal Register.
        (b) Exemption From National Environmental Policy Act.--Any decision
    by the Secretary concerning any rulemaking action, plan or program
    described in this section shall not be considered to be a major Federal
    action subject to review under the National Environmental Policy Act of
    1969 (42 U.S.C. 4321 et seq.).

    SEC. 512. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING RULES.

        (a) Exemption From Government Contracting Rules.--
                (1) Procurement competition exemption.--Any Federal
            agency's determination to use a procurement competition
            exemption under section 253(c) of title 41, United States Code,
            or to use the authority granted in paragraph (2) of this
            subsection, for the purpose of implementing this title is not
            subject to challenge by protest to either the Government
            Accountability Office, under sections 3551 through 3556 of
            title 31, United States Code, or to the Court of Federal
            Claims, under section 1491 of title 28, United States Code. An
            agency shall immediately advise Congress of the exercise of the
            authority granted in this subsection.
                (2) Waiver of competition requirements.--The competition
            requirement of section 253(a) of title 41, United States Code
            may be waived or modified by a Federal agency for any
            procurement conducted to implement this title pursuant to a
            determination and finding, approved by the senior procurement
            executive for the agency conducting the procurement, that
            explains why the waiver or modification is necessary; provided
            that such a determination and finding is furnished to the
            Committee on Homeland Security and Governmental Affairs of the
            Senate and the Committee on Oversight and Government Reform of
            the House of Representatives.
        (b) Exemption From Government Hiring Rules.--Notwithstanding any
    other provision of law, the Secretary shall have authority to make
    term, temporary, limited, and part-time appointments for purposes of
    implementing this title without regard to the number of such employees,
    their ratio to permanent full-time employees, and the duration of their
    employment. Nothing in chapter 71 of title 5, United States Code, shall
    affect the authority of any Department management official to hire
    term, temporary, limited, or part-time employees under this subsection.

    SEC. 513. AUTHORITY TO ACQUIRE LEASEHOLDS.

        Notwithstanding any other provision of law, the Secretary may
    acquire a leasehold interest in real property, and may provide in a
    lease entered into under this subsection for the construction or
    modification of any facility on the leased property, if she determines
    that the acquisition of such interest, and such construction or
    modification, are necessary in order to facilitate the implementation
    of this title.

    SEC. 514. PRIVACY AND CIVIL LIBERTIES.

        (a) Protection of Privacy.--Consistent with section 504 of this
    title, the Secretary shall require appropriate administrative and
    physical safeguards to protect the security, confidentiality, and
    integrity of personally identifiable information collected, maintained,
    and disseminated pursuant to sections 501 and 502 of this title.
        (b) Requirement for Impact Assessments.--Notwithstanding privacy
    requirements under section 222 of the Homeland Security Act and the E-
    Government Act of 2002, the Secretary shall conduct a privacy impact
    assessment and a civil liberties impact assessment of the legalization
    program established in sections 501 and 502 of this title during the
    pendency of the interim final rule.

    SEC. 515. STATUTORY CONSTRUCTION.

        Except as specifically provided otherwise, nothing in this title,
    or any amendment made by this title, shall be construed to create any
    substantive or procedural right or benefit that is legally enforceable
    by any party against the United States or its agencies or officers or
    any other person.

                           Subtitle C--Miscellaneous

    SEC. 521. 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) by inserting after subparagraph (C) the following:
                        ``(D) who is granted status as a Lawful Prospective
                    Immigrant pursuant to section 501 of the CIR Act of
                    2010; or
                        ``(E) whose status is adjusted to that of lawful
                    permanent resident under section 502 of the CIR Act of
                    2010,''; and
                (3) by striking ``1990.'' and inserting ``1990, or in the
            case of an alien described in subparagraph (D) or (E), if such
            conduct is alleged to have occurred before the date on which
            the alien submitted an application under section 501 of the CIR
            Act of 2010 for classification as a Lawful Prospective
            Immigrant.''.
        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect on the first day of the tenth month that begins after the
    date of the enactment of this Act.

    SEC. 522. FRAUD PREVENTION PROGRAM.

        (a) In General.--The head of each Department responsible for the
    administration of a program related to this title or with authority to
    confer an immigration benefit, relief, or status under the immigration
    laws shall develop an administrative program to prevent fraud within or
    upon such program or authority. Subject to such modifications as the
    head of the Department may direct, the program shall provide for--
                (1) fraud prevention training for the relevant
            administrative adjudicators within the Department;
                (2) the regular audit of pending and approved applications
            for examples and patterns of fraud or abuse;
                (3) the receipt and evaluation of reports of fraud or
            abuse;
                (4) the identification of deficiencies in administrative
            practice or procedure that encourage fraud or abuse;
                (5) the remedy of any identified deficiencies; and
                (6) the referral of cases of identified or suspected fraud
            or other misconduct for investigation.
        (b) Implementation.--Except as the head of the Department shall
    otherwise provide, the implementation of the administrative program
    referred to in subsection (a) shall be assigned to and made part of the
    component or agency within the Department that is responsible for
    conferring the relevant immigration benefit, relief, or status under
    the immigration laws.
        (c) Coordination.--The heads of relevant Departments shall
    coordinate their respective efforts under this subsection.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary for this section.

    SEC. 523. DATA COLLECTION REQUIREMENTS.

        (a) In General.--The head of each department or agency of the
    United States shall ensure that general demographic data provided by
    applicants under this title shall be made available in the aggregate in
    a searchable public database.
        (b) Demographic Data.--General demographic data including gender,
    country of origin, age, education, annual earnings, employment, State
    of residence, marital status, date of arrival in the United States,
    method of entry into the United States, number and ages of children,
    and birthplace of children shall be made available to the public.
        (c) Protection of Confidentiality.--Data collected and gathered in
    the aggregate for purposes of research shall not be recorded in such a
    way that it violates confidentiality provisions under this title.

                             Subtitle D--Dream Act

    SEC. 531. SHORT TITLE.

        This subtitle may be cited as the ``Development, Relief, and
    Education for Alien Minors Act of 2010'' or the ``DREAM Act of 2010''.

    SEC. 532. DEFINITIONS.

        In this subtitle:
                (1) 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).
                (2) Uniformed services.--The term ``uniformed services''
            has the meaning given that term in section 101(a) of title 10,
            United States Code.

    SEC. 533. 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. 534. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN
                  LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS
                  CHILDREN.

        (a) Special Rule for Certain Long-term Residents Who Entered the
    United States as Children.--
                (1) In general.--Notwithstanding any other provision of law
            and except as otherwise provided in this subtitle, the
            Secretary may cancel removal of, and adjust to the status of an
            alien lawfully admitted for permanent residence, subject to the
            conditional basis described in section 5, an alien who is
            inadmissible or deportable from the United States, if the alien
            demonstrates that--
                        (A) the alien 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 subtitle, and had not yet reached the age of 16
                    years at the time of initial entry;
                        (B) the alien has been a person of good moral
                    character since the time of application;
                        (C) the alien--
                                (i) is not inadmissible under paragraph
                            (2), (3), (6)(E), or (10)(C) of section 212(a)
                            of the Immigration and Nationality Act (8
                            U.S.C. 1182(a)); and
                                (ii) is not deportable under paragraph
                            (1)(E), (2), or (4) of section 237(a) of the
                            Immigration and Nationality Act (8 U.S.C.
                            1227(a));
                        (D) the alien, at the time of application, has been
                    admitted to an institution of higher education in the
                    United States, or has earned a high school diploma or
                    obtained a general education development certificate in
                    the United States;
                        (E) the alien has never been under a final
                    administrative or judicial order of exclusion,
                    deportation, or removal, unless the alien--
                                (i) has remained in the United States under
                            color of law after such order was issued; or
                                (ii) received the order before attaining
                            the age of 16 years; and
                        (F) the alien had not yet reached the age of 35
                    years on the date of the enactment of this subtitle.
                (2) Waiver.--Notwithstanding paragraph (1), the Secretary
            may waive the ground of ineligibility under section
            212(a)(6)(E) of the Immigration and Nationality Act and the
            ground of deportability under paragraph (1)(E) of section
            237(a) of that Act for humanitarian purposes or family unity or
            when it is otherwise in the public interest.
                (3) Procedures.--The Secretary shall provide a procedure by
            regulation allowing eligible individuals to apply affirmatively
            for the relief available under this subsection without being
            placed in removal proceedings.
        (b) Termination of Continuous Period.--For purposes of this
    section, any period of continuous residence or continuous physical
    presence in the United States of an alien who applies for cancellation
    of removal under this section shall not terminate when the alien is
    served a notice to appear under section 239(a) of the Immigration and
    Nationality Act (8 U.S.C. 1229(a)).
        (c) Treatment of Certain Breaks in Presence.--
                (1) In general.--An alien shall be considered to have
            failed to maintain continuous physical presence in the United
            States under subsection (a) if the alien has departed from the
            United States for any period in excess of 90 days or for any
            periods in the aggregate exceeding 180 days.
                (2) Extensions for exceptional circumstances.--The
            Secretary may extend the time periods described in paragraph
            (1) if the alien demonstrates that the failure to timely return
            to the United States was due to exceptional circumstances. The
            exceptional circumstances determined sufficient to justify an
            extension should be no less compelling than serious illness of
            the alien, or death or serious illness of a parent,
            grandparent, sibling, or child.
        (d) Exemption From Numerical Limitations.--Nothing in this section
    may be construed to apply a numerical limitation on the number of
    aliens who may be eligible for cancellation of removal or adjustment of
    status under this section.
        (e) Regulations.--
                (1) Proposed regulations.--Not later than 180 days after
            the date of enactment of this subtitle, the Secretary shall
            publish proposed regulations implementing this section. Such
            regulations shall be effective immediately on an interim basis,
            but are subject to change and revision after public notice and
            opportunity for a period for public comment.
                (2) Interim, final regulations.--Within a reasonable time
            after publication of the interim regulations in accordance with
            paragraph (1), the Secretary shall publish final regulations
            implementing this section.
        (f) Removal of Alien.--The Secretary may not remove any alien who
    has a pending application for conditional status under this subtitle.

    SEC. 535. CONDITIONAL PERMANENT RESIDENT STATUS.

        (a) In General.--
                (1) Conditional basis for status.--Notwithstanding any
            other provision of law, and except as provided in section 6, an
            alien whose status has been adjusted under section 534 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 section. Such conditional
            permanent resident status shall be valid for a period of 6
            years, subject to termination under subsection (b).
                (2) Notice of requirements.--
                        (A) At time of obtaining permanent residence.--At
                    the time an alien obtains permanent resident status on
                    a conditional basis under paragraph (1), the Secretary
                    shall provide for notice to the alien regarding the
                    provisions of this section and the requirements of
                    subsection (c) to have the conditional basis of such
                    status removed.
                        (B) Effect of failure to provide notice.--The
                    failure of the Secretary to provide a notice under this
                    paragraph--
                                (i) shall not affect the enforcement of the
                            provisions of this subtitle with respect to the
                            alien; and
                                (ii) shall not give rise to any private
                            right of action by the alien.
        (b) Termination of Status.--
                (1) In general.--The Secretary shall terminate the
            conditional permanent resident status of any alien who obtained
            such status under this subtitle, if the Secretary determines
            that the alien--
                        (A) ceases to meet the requirements of subparagraph
                    (B) or (C) of section 4(a)(1);
                        (B) has become a public charge; or
                        (C) has received a dishonorable or other than
                    honorable discharge from the uniformed services.
                (2) Return to previous immigration status.--Any alien whose
            conditional permanent resident status is terminated under
            paragraph (1) shall return to the immigration status the alien
            had immediately prior to receiving conditional permanent
            resident status under this subtitle.
        (c) Requirements of Timely Petition for Removal of Condition.--
                (1) In general.--In order for the conditional basis of
            permanent resident status obtained by an alien under subsection
            (a) to be removed, the alien must file with the Secretary, in
            accordance with paragraph (3), 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 paragraph
            (2)(A).
                (2) Adjudication of petition to remove condition.--
                        (A) In general.--If a petition is filed in
                    accordance with paragraph (1) for an alien, the
                    Secretary shall make a determination as to whether the
                    alien meets the requirements set out in subparagraphs
                    (A) through (E) of subsection (d)(1).
                        (B) 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.
                        (C) Termination if adverse determination.--If the
                    Secretary determines that the alien does not meet such
                    requirements, the Secretary shall notify the alien of
                    such determination and terminate the conditional
                    permanent resident status of the alien as of the date
                    of the determination.
                (3) Time to file petition.--An alien may petition to remove
            the conditional basis to lawful resident status during the
            period beginning 180 days before and ending 2 years after
            either the date that is 6 years after the date of the granting
            of conditional permanent resident status or any other
            expiration date of the conditional permanent resident status as
            extended by the Secretary in accordance with this subtitle. The
            alien shall be deemed in conditional permanent resident status
            in the United States during the period in which the petition is
            pending.
        (d) Details of Petition.--
                (1) Contents of petition.--Each petition for an alien under
            subsection (c)(1) shall contain information to permit the
            Secretary to determine whether each of the following
            requirements is met:
                        (A) The alien has demonstrated good moral character
                    during the entire period the alien has been a
                    conditional permanent resident.
                        (B) The alien is in compliance with section
                    534(a)(1)(C).
                        (C) 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 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.
                        (D) The alien has completed at least 1 of the
                    following:
                                (i) 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.
                                (ii) The alien has served in the uniformed
                            services for at least 2 years and, if
                            discharged, has received an honorable
                            discharge.
                        (E) The alien has provided a list of each secondary
                    school (as that term is defined in section 9101 of the
                    Elementary and Secondary Education Act of 1965 (20
                    U.S.C. 7801)) that the alien attended in the United
                    States.
                (2) Hardship exception.--
                        (A) In general.--The Secretary may, in the
                    Secretary's discretion, remove the conditional status
                    of an alien if the alien--
                                (i) satisfies the requirements of
                            subparagraphs (A), (B), and (C) of paragraph
                            (1);
                                (ii) demonstrates compelling circumstances
                            for the inability to complete the requirements
                            described in paragraph (1)(D); and
                                (iii) demonstrates that the alien's removal
                            from the United States would result in
                            exceptional and extremely unusual hardship to
                            the alien or the alien's spouse, parent, or
                            child who is a citizen or a lawful permanent
                            resident of the United States.
                        (B) Extension.--Upon a showing of good cause, the
                    Secretary may extend the period of conditional resident
                    status for the purpose of completing the requirements
                    described in paragraph (1)(D).
        (e) Treatment of Period for Purposes of Naturalization.--For
    purposes of title III of the Immigration and Nationality Act (8 U.S.C.
    1401 et seq.), in the case of an alien who is in the United States as a
    lawful permanent resident on a conditional basis under this section,
    the alien shall be considered to have been admitted as an alien
    lawfully admitted for permanent residence and to be in the United
    States as an alien lawfully admitted to the United States for permanent
    residence. However, the conditional basis must be removed before the
    alien may apply for naturalization.

    SEC. 536. RETROACTIVE BENEFITS UNDER THIS SUBTITLE.

        If, on the date of enactment of this subtitle, an alien has
    satisfied all the requirements of subparagraphs (A) through (E) of
    section 534(a)(1) and section 535(d)(1)(D), the Secretary may adjust
    the status of the alien to that of a conditional resident in accordance
    with section 534. The alien may petition for removal of such condition
    at the end of the conditional residence period in accordance with
    section 535(c) if the alien has met the requirements of subparagraphs
    (A), (B), and (C) of section 535(d)(1) during the entire period of
    conditional residence.

    SEC. 537. EXCLUSIVE JURISDICTION.

        (a) In General.--The Secretary shall have exclusive jurisdiction to
    determine eligibility for relief under this subtitle, except where the
    alien has been placed into deportation, exclusion, or removal
    proceedings either prior to or after filing an application for relief
    under this subtitle, in which case the Attorney General shall have
    exclusive jurisdiction and shall assume all the powers and duties of
    the Secretary until proceedings are terminated, or if a final order of
    deportation, exclusion, or removal is entered the Secretary shall
    resume all powers and duties delegated to the Secretary under this
    subtitle.
        (b) Stay of Removal of Certain Aliens Enrolled in Primary or
    Secondary School.--The Attorney General shall stay the removal
    proceedings of any alien who--
                (1) meets all the requirements of subparagraphs (A), (B),
            (C), and (E) of section 534(a)(1);
                (2) is at least 12 years of age; and
                (3) is enrolled full time in a primary or secondary school.
        (c) Employment.--An alien whose removal is stayed pursuant to
    subsection (b) may be engaged in employment in the United States
    consistent with the Fair Labor Standards Act (29 U.S.C. 201 et seq.)
    and State and local laws governing minimum age for employment.
        (d) Lift of Stay.--The Attorney General shall lift the stay granted
    pursuant to subsection (b) if the alien--
                (1) is no longer enrolled in a primary or secondary school;
            or
                (2) ceases to meet the requirements of subsection (b)(1).

    SEC. 538. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

        Whoever files an application for relief under this subtitle and
    willfully and knowingly falsifies, misrepresents, or conceals a
    material fact or makes any false or fraudulent statement or
    representation, or makes or uses any false writing or document knowing
    the same to contain any false or fraudulent statement or entry, shall
    be fined in accordance with title 18, United States Code, or imprisoned
    not more than 5 years, or both.

    SEC. 539. CONFIDENTIALITY OF INFORMATION.

        (a) Prohibition.--Except as provided in subsection (b), no officer
    or employee of the United States may--
                (1) use the information furnished by the applicant pursuant
            to an application filed under this subtitle to initiate removal
            proceedings against any persons identified in the application;
                (2) make any publication whereby the information furnished
            by any particular individual pursuant to an application under
            this subtitle can be identified; or
                (3) permit anyone other than an officer or employee of the
            United States Government or, in the case of applications filed
            under this subtitle with a designated entity, that designated
            entity, to examine applications filed under this subtitle.
        (b) Required Disclosure.--The Attorney General or the Secretary
    shall provide the information furnished under this section, and any
    other information derived from such furnished information, to--
                (1) a duly recognized law enforcement entity in connection
            with an investigation or prosecution of an offense described in
            paragraph (2) or (3) of section 212(a) of the Immigration and
            Nationality Act (8 U.S.C. 1182(a)), when such information is
            requested in writing by such entity; or
                (2) an official coroner for purposes of affirmatively
            identifying a deceased individual (whether or not such
            individual is deceased as a result of a crime).
        (c) Penalty.--Whoever knowingly uses, publishes, or permits
    information to be examined in violation of this section shall be fined
    not more than $10,000.

    SEC. 540. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

        Regulations promulgated under this subtitle shall provide that
    applications under this subtitle will be considered on an expedited
    basis and without a requirement for the payment by the applicant of any
    additional fee for such expedited processing.

    SEC. 541. HIGHER EDUCATION ASSISTANCE.

        Notwithstanding any provision of the Higher Education Act of 1965
    (20 U.S.C. 1001 et seq.), with respect to assistance provided under
    title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.),
    an alien who adjusts status to that of a lawful permanent resident
    under this subtitle shall be eligible only for the following assistance
    under such title:
                (1) Student loans under parts B, D, and E of such title IV
            (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),
            subject to the requirements of such parts.
                (2) Federal work-study programs under part C of such title
            IV (42 U.S.C. 2751 et seq.), subject to the requirements of
            such part.
                (3) Services under such title IV (20 U.S.C. 1070 et seq.),
            subject to the requirements for such services.

    SEC. 542. GAO REPORT.

        Not later than seven years after the date of enactment of this
    subtitle, the Comptroller General of the United States shall submit a
    report to the Committee on the Judiciary of the Senate and the
    Committee on the Judiciary of the House of Representatives setting
    forth--
                (1) the number of aliens who were eligible for cancellation
            of removal and adjustment of status under section 534(a);
                (2) the number of aliens who applied for adjustment of
            status under section 534(a);
                (3) the number of aliens who were granted adjustment of
            status under section 534(a); and
                (4) the number of aliens whose conditional permanent
            resident status was removed under section 535.

          Subtitle E--Funding for the Department of Homeland Security

    SEC. 550. EFFECTIVE FUNDING.

        (a) Department of Homeland Security Legalization Program Account.--
                (1) In general.--There is established in the general fund
            of the Treasury a separate account, which shall be known as the
            ``Department of Homeland Security Legalization Program
            Account''.
                (2) Source of funds.--Immediately upon the enactment of
            this Act, such sums as the Secretary determines shall be
            necessary shall be transferred from the general fund of the
            Treasury to the Department of Homeland Security Legalization
            Program Account.
                (3) Appropriations.--
                        (A) There are hereby appropriated such sums as are
                    provided under paragraph (2) to remain available for
                    obligation for ten years after enactment.
                        (B) These sums shall be authorized for the
                    Secretary to implement and operate the legalization
                    programs described in title V of this Act, including
                    but not limited to--
                                (i) infrastructure, staffing, and
                            adjudication;
                                (ii) outreach;
                                (iii) grants to community and faith-based
                            organizations; and
                                (iv) anti-fraud programs and actions
                            relating to such legalization programs.
                (4) Reporting.--The Secretary shall provide to the
            Committees on the Judiciary and Appropriations of the Senate
            and the House of Representatives a plan for expenditure of the
            funds under paragraph (2) within 90 days of enactment of this
            Act, and update the plan annually, that--
                        (A) identifies one-time and on-going costs;
                        (B) identifies the level of funding for each
                    program, project, and activity, and if that funding
                    will supplement an appropriated program, project, or
                    activity; and
                        (C) identifies the amount of funding to be
                    obligated in each fiscal year, by program, project, and
                    activity.
        (b) Department of State Legalization Program Account.--
                (1) In general.--There is established in the general fund
            of the Treasury a separate account, which shall be known as the
            ``Department of State Legalization Program Account''.
                (2) Source of funds.--Immediately upon the enactment of
            this Act, such sums as the Secretary of State determines shall
            be necessary shall be transferred from the general fund of the
            Treasury to the Department of State Legalization Program
            Account.
                (3) Appropriations.--
                        (A) There are hereby appropriated such sums as are
                    provided under paragraph (2) to remain available until
                    ten years after enactment.
                        (B) These sums shall be available for the Secretary
                    of State to implement and operate the legalization
                    programs described in title V of this Act, including
                    but not limited to--
                                (i) infrastructure, staffing, and
                            adjudication;
                                (ii) outreach; and
                                (iii) anti-fraud programs and actions
                            relating to such legalization programs.
                (4) Reporting.--The Secretary of State shall provide to the
            Committees on the Judiciary and Appropriations of the Senate
            and the House of Representatives a plan for expenditure of the
            funds under paragraph (2) within 90 days of enactment of this
            Act, and update the plan annually, that--
                        (A) identifies one-time and on-going costs;
                        (B) identifies the level of funding for each
                    program, project, and activity, and if that funding
                    will supplement an appropriated program, project, or
                    activity; and
                        (C) identifies the amount of funding to be
                    obligated in each fiscal year, by program, project, and
                    activity.
        (c) Immigration Reform Penalty Account.--
                (1) In general.--There is established in the general fund
            of the Treasury a separate account, which shall be known as the
            ``Immigration Reform Penalty Account''. Notwithstanding any
            other section of this Act, there shall be deposited into the
            account all civil penalties collected under section 274A of the
            Immigration and Nationality Act (8 U.S.C. 1324a) and title V of
            this Act, except as specifically provided otherwise in such
            title of this Act.
                (2) Use of funds.--Funds deposited into the Immigration
            Reform Penalty Account shall remain available to the Secretary
            until expended solely for the following purposes--
                        (A) for any costs of implementing and operating the
                    immigration services programs described in title V of
                    this Act that are not covered by funds in the
                    Department of Homeland Security Legalization Program
                    Account or processing fees described in section
                    601(c)(4)(A) of this Act;
                        (B) after the amounts needed to cover the costs
                    described in subparagraph (A) of this paragraph have
                    been expended, funds remaining from this account shall
                    be deposited into the general fund of the Treasury as
                    repayment of funds transferred into the Department of
                    Homeland Security Legalization Program Account under
                    subsection (a)(2) of this section;
                        (C) after the amounts needed to reimburse the
                    Treasury under subparagraph (B) of this paragraph have
                    been deposited into the general fund of the Treasury,
                    as follows--
                                (i) \1/3\ to the Secretary to carry out
                            investigation and prevention of fraud in--
                                        (I) the legalization programs
                                    established under title V of this Act;
                                    and
                                        (II) the employment verification
                                    programs established under title III of
                                    this Act;
                                (ii) \1/3\ to the Secretary for immigrant
                            integration programs, including English-
                            language and U.S. civics instruction; and
                                (iii) \1/3\ to the Secretary, to be spent
                            as follows--
                                        (I) \1/2\ to carry out immigration
                                    services; and
                                        (II) \1/2\ to carry out immigration
                                    enforcement.
        (d) Construction.--Nothing in this section shall be construed to
    modify or limit any authority to collect and use immigration fees as
    provided by this Act, section 286 of the Immigration and Nationality
    Act (8 U.S.C. 1356) or any other law.

               TITLE VI--IMMIGRANT INTEGRATION AND OTHER REFORMS

    Subtitle A--Strengthen and Unite Communities With Civics Education and
                                 English Skills

       CHAPTER 1--EXPANDING ENGLISH LITERACY, UNITED STATES HISTORY, AND
                                CIVICS EDUCATION

    SEC. 601. INCREASED INVESTMENT IN ENGLISH LITERACY, UNITED STATES
                  HISTORY, AND CIVICS EDUCATION UNDER THE ADULT EDUCATION
                  AND FAMILY LITERACY ACT.

        (a) Integrated English Literacy and Civics Education Program.--
    Section 203 of the Adult Education and Family Literacy Act (20 U.S.C.
    9202) is amended--
                (1) by redesignating paragraphs (12) through (18) as
            paragraphs (13) through (19), respectively; and
                (2) by inserting after paragraph (11), the following:
                ``(12) Integrated english literacy, united states history,
            and civics education program.--The term `integrated English
            literacy, United States history, and civics education program'
            means a program of instruction designed to help an English
            language learner achieve competence in English through
            contextualized instruction on the rights and responsibilities
            of citizenship, naturalization procedures, civic participation,
            and United States history and Government to help such learner
            acquire the skills and knowledge to become an active and
            informed parent, worker, and community member.''.
        (b) State Leadership Activities.--Section 223(a) of the Adult
    Education and Family Literacy Act (20 U.S.C. 9223(a)) is amended by
    inserting after paragraph (11) the following:
                ``(12) Technical assistance for grant applications of
            faith- and community-based organizations.''.
        (c) National Institute for Literacy.--Section 242(c)(1) of the
    Adult Education and Family Literacy Act (20 U.S.C. 9252(c)(1)) is
    amended--
                (1) by redesignating subparagraphs (G), (H), and (I), as
            subparagraphs (I), (J), and (K), respectively; and
                (2) by inserting after subparagraph (F) the following:
                        ``(G) to coordinate and share information with
                    national organizations and associations that are
                    interested in integrated English literacy, United
                    States history, and civics education programs;
                        ``(H) to study the effectiveness of distance
                    learning or self-study programs in assisting the
                    English language learner population achieve competence
                    in English;''.
        (d) Report.--Section 242(k) of the Adult Education and Family
    Literacy Act (20 U.S.C. 9252(k)) is amended--
                (1) in paragraph (2), by striking ``and'' at the end;
                (2) by redesignating paragraph (3) as paragraph (4); and
                (3) by inserting after paragraph (2) the following:
                ``(3) a separate analysis of--
                        ``(A) national and State adult English instruction
                    needs;
                        ``(B) data on the composition of recent immigration
                    flows and immigration settlement patterns throughout
                    the United States; and
                        ``(C) estimated instructional needs based on the
                    English ability and educational attainment of English
                    language learners under recent migration patterns;
                    and''.
        (e) National Leadership Activities.--Section 243 of the Adult
    Education and Family Literacy Act (20 U.S.C. 9253) is amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (A), by inserting ``and
                    integrated English literacy, United States history, and
                    civics education programs'' before the semicolon at the
                    end; and
                        (B) in subparagraph (B), by inserting ``and
                    integrated English literacy, United States history, and
                    civics education programs'' before ``, based on
                    scientific evidence''; and
                (2) in paragraph (2)--
                        (A) in subparagraph (B), by inserting ``and
                    integrated English literacy, United States history, and
                    civics education programs'' before the semicolon at the
                    end;
                        (B) in subparagraph (D)(ii), by inserting
                    ``integrated English literacy, United States history,
                    and civics education programs,'' before ``and workplace
                    literacy programs''; and
                        (C) in subparagraph (E)--
                                (i) in clause (i), by inserting ``and
                            integrated English literacy, United States
                            history, and civics education programs'' before
                            the semicolon at the end;
                                (ii) in clause (iii), by striking ``and''
                            at the end;
                                (iii) in clause (iv)--
                                        (I) by striking ``section 231'' and
                                    inserting ``sections 231 and 244''; and
                                        (II) by adding ``and'' at the end;
                                    and
                                (iv) by adding at the end the following:
                                ``(v) the extent to which integrated
                            English literacy, United States history, and
                            civics education programs carried out under
                            section 244 lead participants in such programs
                            to increase their civic participation and, if
                            applicable, lead such participants to become
                            United States citizens;''.
        (f) Integrated English Literacy, United States History, and Civics
    Education.--Chapter 4 of subtitle A of the Adult Education and Family
    Literacy Act (20 U.S.C. 9251 et seq.) is amended by adding at the end
    the following:

    ``SEC. 244. INTEGRATED ENGLISH LITERACY, UNITED STATES HISTORY, AND
                  CIVICS EDUCATION PROGRAMS.

        ``(a) Program Authorized.--The Secretary shall award grants to
    States, from allocations under subsection (b), for integrated English
    literacy, United States history, and civics education programs.
        ``(b) Allocations.--
                ``(1) In general.--Subject to paragraph (2), the Secretary
            shall allocate for each fiscal year, from the amount
            appropriated pursuant to subsection (c) for such fiscal year--
                        ``(A) 65 percent of such amount to States on the
                    basis of a State's need for integrated English, United
                    States history, and civics education programs, as
                    determined by calculating each State's share of a 10-
                    year average of the data compiled by the Office of
                    Immigration Statistics of the Department of Homeland
                    Security, for immigrants admitted for lawful permanent
                    residence during the 10 most recent fiscal years; and
                        ``(B) 35 percent of such amount to the States on
                    the basis of whether the State experienced growth, as
                    measured by the average of the 3 most recent years for
                    which data compiled by the Office of Immigration
                    Statistics of the Department of Homeland Security are
                    available, for immigrants admitted for lawful permanent
                    residence.
                ``(2) Minimum.--Each State shall receive an allocation
            under paragraph (1) in an amount that is not less than $60,000.
        ``(c) Authorization of Appropriation.--There are authorized to be
    appropriated to carry out this section--
                ``(1) $200,000,000 for fiscal year 2011;
                ``(2) $250,000,000 for fiscal year 2012; and
                ``(3) $300,000,000 for fiscal year 2013.''.

    SEC. 602. DEFINITIONS OF ENGLISH LANGUAGE LEARNER.

        (a) Adult Education and Family Literacy Act.--The Adult Education
    and Family Literacy Act (20 U.S.C. 9201 et seq.) is amended--
                (1) in section 203 (20 U.S.C. 9202)--
                        (A) by redesignating paragraphs (6), (7), (8), (9),
                    and (10), as paragraphs (7), (8), (9), (10), and (6),
                    respectively;
                        (B) in paragraph (6), as redesignated--
                                (i) in the paragraph heading, by striking
                            ``Individual of limited english proficiency''
                            and inserting ``English language learner''; and
                                (ii) in the matter preceding subparagraph
                            (A), by striking ``individual of limited
                            English proficiency'' and inserting ``English
                            language learner''; and
                        (C) in paragraph (7), as redesignated, by striking
                    ``individuals of limited English proficiency'' and
                    inserting ``English language learners'';
                (2) in section 224(b)(10)(D) (20 U.S.C. 9224(b)(10)(D)), by
            striking ``individuals with limited English proficiency'' and
            inserting ``English language learners''; and
                (3) in section 243(2)(D)(ii) (20 U.S.C. 9253(2)(D)(ii)), by
            striking ``individuals with limited English proficiency who are
            adults'' and inserting ``adult English language learners''.
        (b) Elementary and Secondary Education Act of 1965.--
                (1) Amendment.--Section 9101(25) of the Elementary and
            Secondary Education Act of 1965 (20 U.S.C. 7801(25)) is amended
            by striking the matter preceding subparagraph (A) and inserting
            the following:
                ``(25) English language learner.--The term `English
            language learner' means an individual--''.
                (2) References.--Any reference in the Elementary and
            Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to an
            individual who is limited English proficient shall be construed
            to refer to an English language learner.

    SEC. 603. 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) $750, for each of the first 5 taxable years for which
            the taxpayer is allowed a credit under this section; and
                ``(2) $500, 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 items:

    ``Sec. 224. Certification expenses for teachers of English language
                                learners.
    ``Sec. 225. Cross reference.''.
        (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 the date of the enactment of
    this Act.

    SEC. 604. RESEARCH IN ADULT EDUCATION.

        (a) In General.--Section 133(c)(2)(A) of the Education Sciences
    Reform Act of 2002 (20 U.S.C. 9533(c)(2)(A)) is amended by inserting
    ``education and'' before ``literacy''.
        (b) National Research and Development Center.--
                (1) In general.--The Secretary of Education shall direct
            the Commissioner for Education Research of the National Center
            for Education Research established pursuant to section 131 of
            the Education Sciences Reform Act of 2002 (20 U.S.C. 9531) to
            establish a national research and development center for adult
            education and literacy (as described in section 133(c)(2)(A) of
            such Act).
                (2) Provision for expansion of research.--If, as of the
            date of the enactment of this Act, the Commissioner has
            established a center for adult literacy in accordance with
            section 133(c)(2)(A) of the Education Sciences Reform Act of
            2002 (20 U.S.C. 9533(c)(2)(A)), the Commissioner shall expand
            the topic of research of such center to include adult
            education, in accordance with the amendment made by subsection
            (a).

    CHAPTER 2--SUPPORTING ENGLISH LANGUAGE ACQUISITION AND ADULT EDUCATION
                                IN THE WORKFORCE

    SEC. 611. CREDIT 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 (20
                    U.S.C. 9241) 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' have the respective meanings given to
            such terms in section 203 of the Adult Education and Family
            Literacy Act (20 U.S.C. 9202).
                ``(4) English language learner.--The term `English language
            learner' has the same meaning given 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) Election to Have Credit Not Apply.--A taxpayer may elect (at
    such time and in such manner as the Secretary may by regulations
    prescribe) to have this section not apply for any taxable year.
        ``(f) 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 of the year after
    enactment.

    SEC. 612. PRESIDENTIAL AWARD FOR BUSINESS LEADERSHIP IN PROMOTING
                  UNITED STATES CITIZENSHIP.

        (a) Establishment.--The Presidential Award for Business Leadership
    in Promoting United States Citizenship (referred to in this section as
    the ``Presidential Citizenship Award'') shall be awarded by the
    President to companies and other organizations that make extraordinary
    efforts in assisting their employees and members to learn English and
    increase their understanding of United States history and civics.
        (b) Selection and Presentation of Award.--
                (1) Selection.--The President shall periodically select,
            from a list of large and small companies and other
            organizations that the Secretary determines to have met the
            requirements under subsection (a), the recipients of the
            Presidential Citizenship Award.
                (2) Presentation.--The presentation of the Presidential
            Citizenship Award shall be made by the President, or a designee
            of the President, in conjunction with an appropriate ceremony.

                    CHAPTER 3--BUILDING STRONGER COMMUNITIES

    SEC. 621. OFFICE OF CITIZENSHIP AND NEW AMERICANS.

        (a) Renaming the Office of Citizenship.--
                (1) In general.--Beginning on the date of the enactment of
            this Act, the Office of Citizenship of United States
            Citizenship and Immigration Services shall be referred to as
            the ``Office of Citizenship and New Americans''.
                (2) Conforming amendments.--Section 451(f) of the Homeland
            Security Act of 2002 (6 U.S.C. 271(f)) is amended--
                        (A) in the subsection heading, by striking
                    ``Citizenship.'' and inserting ``Citizenship and New
                    Americans.'';
                        (B) in paragraph (1), by inserting ``and New
                    Americans'' after ``Office of Citizenship''; and
                        (C) in paragraph (2), by inserting ``and New
                    Americans'' after ``Office of Citizenship''.
                (3) References.--Any reference in a law, regulation,
            document, paper, or other record of the United States to the
            Office of Citizenship within United States Citizenship and
            Immigration Services shall be deemed to be a reference to the
            ``Office of Citizenship and New Americans''.
        (b) Functions.--Section 451(f)(2) of the Homeland Security Act of
    2002 (6 U.S.C. 271(f)(2)), as amended by subsection (a)(2)(C), is
    further amended by striking ``for promoting'' and all that follows
    through the period at the end and inserting the following: ``for--
                        ``(A) establishing national goals for introducing
                    new immigrants into the United States and measuring the
                    degree to which such goals are met;
                        ``(B) assessing and coordinating Federal policies,
                    regulations, task forces, and commissions related to
                    introducing immigrants into the United States;
                        ``(C) continuing with the efforts of the Task Force
                    on New Americans established under Executive Order
                    13404--
                                ``(i) to facilitate a dialogue among
                            Federal agencies;
                                ``(ii) make recommendations to the
                            President; and
                                ``(iii) follow through with initiatives
                            administered by the Task Force under the
                            authority of such Executive Order;
                        ``(D) serving as a liaison and intermediary with
                    State and local governments and other entities to
                    assist in establishing local goals, task forces, and
                    councils to assist in introducing immigrants into the
                    United States;
                        ``(E) coordinating with other Federal agencies to
                    provide information to State and local governments on
                    the demand for English acquisition programs and best
                    practices in place on the Federal and State level for
                    immigrants who have recently arrived in the United
                    States;
                        ``(F) assisting States in coordinating activities
                    with the grant program carried out under this subtitle;
                    and
                        ``(G) promoting instruction and training on
                    citizenship responsibilities for aliens interested in
                    becoming naturalized citizens of the United States,
                    including the development of educational materials for
                    such aliens.''.
        (c) Donations.--Section 451(f) of the Homeland Security Act of 2002
    (6 U.S.C. 271(f)), as amended by this section, is further amended by
    adding at the end the following:
                ``(3) Donations.--
                        ``(A) Acceptance of donations.--The Chief of the
                    Office of Citizenship and New Americans may accept
                    monetary and in-kind donations to support the
                    activities described in paragraph (2).
                        ``(B) Dedication of funds.--Notwithstanding any
                    other provision of law--
                                ``(i) any amounts donated to the Office of
                            Citizenship and New Americans to support the
                            activities described in paragraph (2) shall be
                            deposited into an account dedicated for such
                            purpose;
                                ``(ii) the amounts contained in the account
                            described in clause (i) shall be used solely to
                            support such activities; and
                                ``(iii) amounts that were not donated for
                            the exclusive purpose of supporting such
                            activities may not be deposited into such
                            account.''.
        (d) Report to Congress.--The Chief of the Office of Citizenship and
    New Americans shall submit a biennial report to the appropriate
    committees in Congress that describes the activities of the Office of
    Citizenship and New Americans.

    SEC. 622. GRANTS TO STATES.

        (a) Authority To Provide Grants.--Subject to subsections (c) and
    (d), the Chief of the Office of Citizenship and New Americans (referred
    to in this section as the ``Chief'') is authorized to provide
    competitive grants to States to form State New American Councils to
    carry out the activities described in section 623.
        (b) State New American Councils.--A State New American Council
    shall--
                (1) consist of not fewer than 15 individuals and not more
            than 19 individuals from the State; and
                (2) shall include, to the extent practicable,
            representatives from--
                        (A) business;
                        (B) faith-based organizations;
                        (C) civic organizations;
                        (D) philanthropic organizations;
                        (E) nonprofit organizations, including those with
                    experience working with immigrant communities;
                        (F) key education stakeholders, such as State
                    educational agencies, local educational agencies,
                    community colleges, or teachers;
                        (G) State adult education offices;
                        (H) State or local public libraries; and
                        (I) State or local government officials.
        (c) Waiver of Requirement.--
                (1) Authority to grant.--The Chief 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 may provide a grant
    under subsection (a) to a local government.
        (e) Application.--An applicant for a grant under this section shall
    submit an application to the Chief at such time, in such manner, and
    containing such information as the Chief may reasonably require,
    including--
                (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 under subsection (b);
                (2) the number of immigrants in the State in which the
            applicant is located; and
                (3) a description of the challenges in introducing new
            immigrants into the State and local community.
        (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 that have experienced a
    large increase in the population of immigrants during the most recent
    10-year period relative to past migration patterns, based on data
    compiled by the Office of Immigration Statistics.
        (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 shall reserve not more than 1
            percent of the amount appropriated to carry out this section
            for the administration of the Office of Citizenship and New
            Americans, including for 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 a State New American Council.

    SEC. 623. AUTHORIZED ACTIVITIES.

        (a) Mandatory Activities.--A grant awarded under section 621(a)
    shall be used--
                (1) to develop, implement, expand, or enhance a
            comprehensive plan to introduce new immigrants into the State,
            including improving English literacy, knowledge of United
            States history, and civics education;
                (2) to provide subgrants to local communities in accordance
            with subsection (c);
                (3) if the grant is awarded to a State, to form a State New
            American Council, which shall meet not less frequently than
            once each quarter;
                (4) to disseminate best practices and other information
            compiled by the Office of Citizenship and New Americans that
            pertains to effective programs for English acquisition and
            civics education; and
                (5) to convene public hearings not less frequently than
            once each year to report on the activities carried out by such
            grant.
        (b) Permissible Activities.--A grant awarded under section 621(a)
    may be used--
                (1) to solicit and disseminate solutions and remedies to
            the challenges of introducing new immigrants in the State or
            municipality in which the grant is awarded;
                (2) to provide technical assistance, training, or
            coordination for State or local agencies to improve programs to
            introduce new immigrants into the United States, such as
            English literacy, United States history, and civics education;
                (3) to review and develop strategies to expand distance
            learning as a method of instruction for English literacy,
            United States history, and civics education and available
            technological programs that may supplement or supplant quality
            classroom instruction;
                (4) to coordinate with entities of other States engaged in
            activities under this subtitle or other activities to introduce
            new immigrants into the State or community;
                (5) to develop materials focused on preparation for the
            naturalization test;
                (6) to engage in outreach and educational activities on the
            naturalization process; and
                (7) to provide assistance to immigrants with the
            naturalization application, as appropriate.
        (c) Subgrants to Local Communities.--
                (1) Requirement to award.--A grant under section 108(a)
            shall be used to award subgrants to entities of local
            governments to assist communities with local efforts to
            introduce new Americans into the community.
                (2) Authorized activities.--Subgrants shall be awarded
            under paragraph (1) to entities of local governments for use to
            carry out activities in accordance with--
                        (A) a comprehensive plan described in subsection
                    (a)(1); and
                        (B) any guidance provided by the Chief of the
                    Office of Citizenship and New Americans.
                (3) Subgrant amount.--The amount of a subgrant awarded
            under this subsection shall be not less than $100,000 and not
            more than $600,000 for a fiscal year.

    SEC. 624. REPORTING AND EVALUATION.

        (a) Reporting Requirement.--
                (1) In general.--Each entity awarded a grant under section
            108(a) shall submit a report annually to the Office of
            Citizenship and New Americans that--
                        (A) describes the activities of the State New
                    American Council and subgrant recipients and how these
                    activities meet the goals of--
                                (i) the Chief of the Office of Citizenship
                            and New Americans; and
                                (ii) the comprehensive plan described in
                            section 109(a)(1); and
                        (B) describes the geographic areas being served,
                    the number of immigrants in such areas, and the primary
                    languages spoken there.
                (2) Other requirements.--The Chief of the Office of
            Citizenship may set out other requirements as the Chief sees
            fit in order to--
                        (A) impose accountability; and
                        (B) measure the outcomes of the activities carried
                    out with grants awarded under section 1083(a).
        (b) Annual Evaluation.--The Chief of the Office of Citizenship and
    New Americans shall conduct an annual evaluation of the grant program
    established under this title and use such evaluation--
                (1) to improve the effectiveness of programs carried out by
            the Chief;
                (2) to assess future needs of immigrants and of State and
            local governments related to immigrants;
                (3) to determine the effectiveness of such grant program;
            and
                (4) to ensure that the grantees and subgrantees are acting
            within the scope and purpose of this title.

    SEC. 625. NEW CITIZENS AWARD PROGRAM.

        (a) Establishment.--There is established a new citizens award
    program to recognize citizens who--
                (1) have made an outstanding contribution to the United
            States; and
                (2) are naturalized during the 10-year period ending on the
            date of such recognition.
        (b) Presentation Authorized.--
                (1) In general.--The President is authorized to present a
            medal, in recognition of outstanding contributions to the
            United States, to citizens described in subsection (a).
                (2) Maximum number of awards.--Not more than 10 citizens
            may receive a medal under this section in any calendar year.

    SEC. 626. RULE OF CONSTRUCTION.

        Nothing in this title shall be construed to limit the authority of
    the Secretary, acting through the Director of United States Citizenship
    and Immigration Services or such other officials of the Department of
    Homeland Security as the Secretary may direct, to manage, direct, and
    control the activities of the Chief of the Office of Citizenship and
    New Americans.

    SEC. 627. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to carry out this title
    $100,000,000 for each of the fiscal years 2011 through 2015.

                               CHAPTER 4--GRANTS

    SEC. 631. 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. 632. 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 Title 5 of this Act. 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 title 5 of this Act.
                        (B) Adjustment of status.--Assistance and
                    instruction, including legal assistance, to aliens
                    seeking to adjust their status in accordance with title
                    5 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 a licensed 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.

              Subtitle B--Emergency Relief for Certain Populations

    SEC. 641. ADJUSTMENT OF STATUS FOR CERTAIN HAITIAN ORPHANS.

        (a) In General.--The Secretary may adjust the status of an alien
    described in subsection (b) to that of an alien lawfully admitted for
    permanent residence if the alien--
                (1) subject to subsection (c), applies for such adjustment;
                (2) is physically present in the United States on the date
            the application for such adjustment is filed; and
                (3) is admissible to the United States as an immigrant,
            except as provided in subsection (d).
        (b) Aliens Eligible for Adjustment of Status.--An alien is
    described in this subsection if the alien was inspected and granted
    parole into the United States pursuant to the humanitarian parole
    policy for certain Haitian orphans announced on January 18, 2010, and
    suspended as to new applications on April 15, 2010.
        (c) Application.--In the case of a minor, an application under this
    section may be submitted on behalf of the alien by--
                (1) a parent; or
                (2) a legal guardian.
        (d) Grounds of Inadmissibility.--Paragraphs (4) and (7)(A) of
    section 212(a) of the Immigration and Nationality Act (8 U.S.C.
    1182(a)) shall not apply to adjustment of status under this section.
        (e) Visa Availability.--When an alien is granted the status of
    having been lawfully admitted for permanent residence under this
    section, the Secretary of State shall not be required to reduce the
    number of immigrant visas authorized to be issued under the Immigration
    and Nationality Act (8 U.S.C. 1101 et seq.).
        (f) Alien Deemed to Meet Definition of Child.--An alien described
    in subsection (b) shall be deemed to satisfy the requirements
    applicable to adopted children under section 101(b)(1) of the
    Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) if, before the
    date on which the alien attains 18 years of age--
                (1) the alien obtains adjustment of status under this
            section; and
                (2) a United States citizen adopts the alien, regardless of
            whether the adoption occurs before, on, or after the date of
            the decision-granting adjustment of status under this section.
        (g) No Immigration Benefits for Birth Parents.--No birth parent of
    an alien who obtains adjustment of status under this section shall
    thereafter, by virtue of such parentage, be accorded any right,
    privilege, or status under this section or the Immigration and
    Nationality Act (8 U.S.C. 1101 et seq.).

    SEC. 642. ADJUSTMENT OF STATUS FOR CERTAIN LIBERIAN NATIONALS.

        (a) Adjustment of Status.--
                (1) In general.--
                        (A) Eligibility.--Except as provided under
                    subparagraph (B), the Secretary shall adjust the status
                    of an alien described in subsection (b) to that of an
                    alien lawfully admitted for permanent residence, if the
                    alien--
                                (i) applies for adjustment before April 1,
                            2011; and
                                (ii) is otherwise eligible to receive an
                            immigrant visa and admissible to the United
                            States for permanent residence, except that, in
                            determining such admissibility, the grounds for
                            inadmissibility specified in paragraphs (4),
                            (5), (6)(A), and (7)(A) of section 212(a) of
                            the Immigration and Nationality Act (8 U.S.C.
                            1182(a)) shall not apply.
                        (B) Ineligible aliens.--An alien shall not be
                    eligible for adjustment of status under this section if
                    the Secretary determines that the alien has been
                    convicted of--
                                (i) any aggravated felony (as defined in
                            section 101(a)(43) of the Immigration and
                            Nationality Act (8 U.S.C. 1101(a)(43)); or
                                (ii) (ii) 2 or more crimes involving moral
                            turpitude.
                (2) Relationship of application to certain orders.--
                        (A) In general.--An alien present in the United
                    States who has been subject to an order of exclusion,
                    deportation, or removal, or has been ordered to depart
                    voluntarily from the United States under any provision
                    of the Immigration and Nationality Act may,
                    notwithstanding such order, apply for adjustment of
                    status under paragraph (1) if otherwise qualified under
                    such paragraph.
                        (B) Separate motion not required.--An alien
                    described in subparagraph (A) may not be required, as a
                    condition of submitting or granting such application,
                    to file a separate motion to reopen, reconsider, or
                    vacate the order described in subparagraph (A).
                        (C) Effect of decision by secretary.--If the
                    Secretary grants an application under paragraph (1),
                    the Secretary shall cancel the order described in
                    subparagraph (A). If the Secretary makes a final
                    decision to deny the application, the order shall be
                    effective and enforceable to the same extent as if the
                    application had not been made.
        (b) Aliens Eligible for Adjustment of Status.--
                (1) In general.--The benefits provided under subsection (a)
            shall apply to any alien--
                        (A) who is--
                                (i) a national of Liberia; and
                                (ii) has been continuously present in the
                            United States from January 1, 2009, through the
                            date of application under subsection (a); or
                        (B) who is the spouse, child, or unmarried son or
                    daughter of an alien described in subparagraph (A).
                (2) Determination of continuous physical presence.--For
            purposes of establishing the period of continuous physical
            presence referred to in paragraph (1), an alien shall not be
            considered to have failed to maintain continuous physical
            presence by reasons of an absence, or absences, from the United
            States for any period or periods amounting in the aggregate to
            not more than 180 days.
        (c) Stay of Removal.--
                (1) In general.--The Secretary shall provide by regulation
            for an alien who is subject to a final order of deportation or
            removal or exclusion to seek a stay of such order based on the
            filing of an application under subsection (a).
                (2) During certain proceedings.--Notwithstanding any
            provision in the Immigration and Nationality Act, the Secretary
            shall not order an alien to be removed from the United States
            if the alien is in exclusion, deportation, or removal
            proceedings under any provision of such Act and has applied for
            adjustment of status under subsection (a), except where the
            Secretary has made a final determination to deny the
            application.
                (3) Work authorization.--
                        (A) In general.--The Secretary may--
                                (i) authorize an alien who has applied for
                            adjustment of status under subsection (a) to
                            engage in employment in the United States
                            during the pendency of such application; and
                                (ii) provide the alien with an `employment
                            authorized' endorsement or other appropriate
                            document signifying authorization of
                            employment.
                        (B) Pending applications.--If an application for
                    adjustment of status under subsection (a) is pending
                    for a period exceeding 180 days and has not been
                    denied, the Secretary shall authorize such employment.
        (d) Record of Permanent Residence.--Upon the approval of an alien's
    application for adjustment of status under subsection (a), the
    Secretary shall establish a record of the alien's admission for
    permanent record as of the date of the alien's arrival in the United
    States.
        (e) Availability of Administrative Review.--The Secretary shall
    provide to applicants for adjustment of status under subsection (a) the
    same right to, and procedures for, administrative review as are
    provided to--
                (1) applicants for adjustment of status under section 245
            of the Immigration and Nationality Act (8 U.S.C. 1255); and
                (2) aliens subject to removal proceedings under section 240
            of such Act (8 U.S.C. 1229a).
        (f) Limitation on Judicial Review.--A determination by the
    Secretary regarding the adjustment of status of any alien under this
    section is final and shall not be subject to review by any court.
        (g) No Offset in Number of Visas Available.--If an alien is granted
    the status of having been lawfully admitted for permanent residence
    pursuant to this section, the Secretary of State shall not be required
    to reduce the number of immigrant visas authorized to be issued under
    any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et
    seq.).
        (h) Application of Immigration and Nationality Act Provisions.--
                (1) Definitions.--Except as otherwise specifically provided
            in this Chapter, the definitions contained in the Immigration
            and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this
            section.
                (2) Savings provision.--Nothing in this Chapter may be
            construed to repeal, amend, alter, modify, effect, or restrict
            the powers, duties, function, or authority of the Secretary in
            the administration and enforcement of the Immigration and
            Nationality Act or any other law relating to immigration,
            nationality, or naturalization.
        (i) Effect of Eligibility for Adjustment of Status.--Eligibility to
    be granted the status of having been lawfully admitted for permanent
    residence under this section shall not preclude an alien from seeking
    any status under any other provision of law for which the alien may
    otherwise be eligible.

                     Subtitle C--Wartime Treatment Studies

         PART I--COMMISSION ON WARTIME TREATMENT OF EUROPEAN AMERICANS

    SEC. 651. FINDINGS.

        Congress makes the following findings:
                (1) During World War II, the United States Government
            deemed as ``enemy aliens'' more than 600,000 Italian-born and
            300,000 German-born United States resident aliens and their
            families, requiring them to carry Certificates of
            Identification and limiting their travel and personal property
            rights. At that time, these groups were the two largest
            foreign-born groups in the United States.
                (2) During World War II, the United States Government
            arrested, interned, or otherwise detained thousands of European
            Americans, some remaining in custody for years after cessation
            of World War II hostilities, and repatriated, exchanged, or
            deported European Americans, including American-born children,
            to European Axis nations, many to be exchanged for Americans
            held in those nations.
                (3) Pursuant to a policy coordinated by the United States
            with Latin American nations, thousands of European Latin
            Americans, including German and Austrian Jews, were arrested,
            relocated to the United States, and interned. Many were later
            repatriated or deported to European Axis nations during World
            War II and exchanged for Americans and Latin Americans held in
            those nations.
                (4) Millions of European Americans served in the Armed
            Forces and thousands sacrificed their lives in defense of the
            United States.
                (5) The wartime policies of the United States Government
            were devastating to the German American and Italian American
            communities, individuals, and their families. The detrimental
            effects are still being experienced.
                (6) Prior to and during World War II, the United States
            restricted the entry of Jewish refugees who were fleeing
            persecution or genocide and sought safety in the United States.
            During the 1930s and 1940s, the quota system, immigration
            regulations, visa requirements, and the time required to
            process visa applications affected the number of Jewish
            refugees, particularly those from Germany and Austria, who
            could gain admittance to the United States.
                (7) The United States Government should conduct an
            independent review to fully assess and acknowledge these
            actions. Congress has previously reviewed the United States
            Government's wartime treatment of Japanese Americans through
            the Commission on Wartime Relocation and Internment of
            Civilians. An independent review of the treatment of German
            Americans and Italian Americans and of Jewish refugees fleeing
            persecution and genocide has not yet been undertaken.
                (8) Time is of the essence for the establishment of
            commissions, because of the increasing danger of destruction
            and loss of relevant documents, the advanced age of potential
            witnesses and, most importantly, the advanced age of those
            affected by the United States Government's policies. Many who
            suffered have already passed away and will never know of this
            effort.

    SEC. 652. DEFINITIONS.

        In this part:
                (1) During world war ii.--The term ``during World War II''
            refers to the period between September 1, 1939, through
            December 31, 1948.
                (2) European americans.--
                        (A) In general.--The term ``European Americans''
                    refers to United States citizens and resident aliens of
                    European ancestry, including Italian Americans, German
                    Americans, Hungarian Americans, Romanian Americans, and
                    Bulgarian Americans.
                        (B) German americans.--The term ``German
                    Americans'' refers to United States citizens and
                    resident aliens of German ancestry.
                        (C) Italian americans.--The term ``Italian
                    Americans'' refers to United States citizens and
                    resident aliens of Italian ancestry.
                (3) European latin americans.--The term ``European Latin
            Americans'' refers to persons of European ancestry, including
            German or Italian ancestry, residing in a Latin American nation
            during World War II.
                (4) Latin american nation.--The term ``Latin American
            nation'' refers to any nation in Central America, South
            America, or the Caribbean.

    SEC. 653. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT OF EUROPEAN
                  AMERICANS.

        (a) In General.--There is established the Commission on Wartime
    Treatment of European Americans (referred to in this part as the
    ``European American Commission'').
        (b) Membership.--The European American Commission shall be composed
    of 7 members, who shall be appointed not later than 90 days after the
    date of enactment of this Act as follows:
                (1) Three members shall be appointed by the President.
                (2) Two members shall be appointed by the Speaker of the
            House of Representatives, in consultation with the minority
            leader.
                (3) Two members shall be appointed by the majority leader
            of the Senate, in consultation with the minority leader.
        (c) Terms.--The term of office for members shall be for the life of
    the European American Commission. A vacancy in the European American
    Commission shall not affect its powers, and shall be filled in the same
    manner in which the original appointment was made.
        (d) Representation.--The European American Commission shall include
    2 members representing the interests of Italian Americans and two
    members representing the interests of German Americans.
        (e) Meetings.--The President shall call the first meeting of the
    European American Commission not later than 120 days after the date of
    enactment of this Act.
        (f) Quorum.--Four members of the European American Commission shall
    constitute a quorum, but a lesser number may hold hearings.
        (g) Chairman.--The European American Commission shall elect a
    Chairman and Vice Chairman from among its members. The term of office
    of each shall be for the life of the European American Commission.
        (h) Compensation.--
                (1) In general.--Members of the European American
            Commission shall serve without pay.
                (2) Reimbursement of expenses.--All members of the European
            American Commission shall be reimbursed for reasonable travel
            and subsistence, and other reasonable and necessary expenses
            incurred by them in the performance of their duties.

    SEC. 654. DUTIES OF THE EUROPEAN AMERICAN COMMISSION.

        (a) In General.--It shall be the duty of the European American
    Commission to review the United States Government's wartime treatment
    of European Americans and European Latin Americans as provided in
    subsection (b).
        (b) Scope of Review.--The European American Commission's review
    shall include the following:
                (1) A comprehensive review of the facts and circumstances
            surrounding United States Government action during World War II
            with respect to European Americans and European Latin Americans
            pursuant to United States laws and directives, including the
            Alien Enemies Acts (50 U.S.C. 21 et seq.), Presidential
            Proclamations 2526, 2527, 2655, 2662, and 2685, Executive
            Orders 9066 and 9095, and any directive of the United States
            Government pursuant to these and other pertinent laws,
            proclamations, or executive orders, including registration
            requirements, travel and property restrictions, establishment
            of restricted areas, raids, arrests, internment, exclusion,
            policies relating to the families and property that excludees
            and internees were forced to abandon, internee employment by
            American companies (including a list of such companies and the
            terms and type of employment), exchange, repatriation, and
            deportation, and the immediate and long-term effect of such
            actions, particularly internment, on the lives of those
            affected. This review shall also include a list of--
                        (A) all temporary detention and long-term
                    internment facilities in the United States and Latin
                    American nations that were used to detain or intern
                    European Americans and European Latin Americans during
                    World War II (in this paragraph referred to as ``World
                    War II detention facilities'');
                        (B) the names of European Americans and European
                    Latin Americans who died while in World War II
                    detention facilities and where they were buried;
                        (C) the names of children of European Americans and
                    European Latin Americans who were born in World War II
                    detention facilities and where they were born; and
                        (D) the nations from which European Latin Americans
                    were brought to the United States, the ships that
                    transported them to the United States and their
                    departure and disembarkation ports, the locations where
                    European Americans and European Latin Americans were
                    exchanged for persons held in European Axis nations,
                    and the ships that transported them to Europe and their
                    departure and disembarkation ports.
                (2) An assessment of the underlying rationale of the
            decision of the United States Government to develop the
            programs and policies described in paragraph (1), the
            information the United States Government received or acquired
            suggesting these programs and policies were necessary, the
            perceived benefit of enacting such programs and policies, and
            the immediate and long-term impact of such programs and
            policies on European Americans and European Latin Americans and
            their communities.
                (3) A brief review of the participation by European
            Americans in the United States Armed Forces, including the
            participation of European Americans whose families were
            excluded, interned, repatriated, or exchanged.
                (4) A recommendation of appropriate remedies, including
            public education programs and the creation of a comprehensive
            online database by the National Archives and Records
            Administration of documents related to the United States
            Government's wartime treatment of European Americans and
            European Latin Americans during World War II.
        (c) Field Hearings.--The European American Commission shall hold
    public hearings in such cities of the United States as it deems
    appropriate.
        (d) Report.--The European American Commission shall submit a
    written report of its findings and recommendations to Congress not
    later than 18 months after the date of the first meeting called
    pursuant to section 103(e).

    SEC. 655. POWERS OF THE EUROPEAN AMERICAN COMMISSION.

        (a) In General.--The European American Commission or, on the
    authorization of the Commission, any subcommittee or member thereof,
    may, for the purpose of carrying out the provisions of this title, hold
    such hearings and sit and act at such times and places, and request the
    attendance and testimony of such witnesses and the production of such
    books, records, correspondence, memorandum, papers, and documents as
    the Commission or such subcommittee or member may deem advisable. The
    European American Commission may request the Attorney General to invoke
    the aid of an appropriate United States district court to require, by
    subpoena or otherwise, such attendance, testimony, or production.
        (b) Government Information and Cooperation.--The European American
    Commission may acquire directly from the head of any department,
    agency, independent instrumentality, or other authority of the
    executive branch of the Government, available information that the
    European American Commission considers useful in the discharge of its
    duties. All departments, agencies, and independent instrumentalities,
    or other authorities of the executive branch of the Government shall
    cooperate with the European American Commission and furnish all
    information requested by the European American Commission to the extent
    permitted by law, including information collected under the Commission
    on Wartime and Internment of Civilians Act (Public Law 96-317; 50
    U.S.C. App. 1981 note) and the Wartime Violation of Italian Americans
    Civil Liberties Act (Public Law 106-451; 50 U.S.C. App. 1981 note). For
    purposes of section 552a(b)(9) of title 5, United States Code (commonly
    known as the ``Privacy Act of 1974''), the European American Commission
    shall be deemed to be a committee of jurisdiction.

    SEC. 656. ADMINISTRATIVE PROVISIONS.

        The European American Commission is authorized to--
                (1) appoint and fix the compensation of such personnel as
            may be necessary, without regard to the provisions of title 5,
            United States Code, governing appointments in the competitive
            service, and without regard to the provisions of chapter 51 and
            subchapter III of chapter 53 of such title relating to
            classification and General Schedule pay rates, except that the
            compensation of any employee of the Commission may not exceed a
            rate equivalent to the rate payable under GS-15 of the General
            Schedule under section 5332 of such title;
                (2) obtain the services of experts and consultants in
            accordance with the provisions of section 3109 of such title;
                (3) obtain the detail of any Federal Government employee,
            and such detail shall be without reimbursement or interruption
            or loss of civil service status or privilege;
                (4) enter into agreements with the Administrator of General
            Services for procurement of necessary financial and
            administrative services, for which payment shall be made by
            reimbursement from funds of the Commission in such amounts as
            may be agreed upon by the Chairman of the Commission and the
            Administrator;
                (5) procure supplies, services, and property by contract in
            accordance with applicable laws and regulations and to the
            extent or in such amounts as are provided in appropriation
            Acts; and
                (6) enter into contracts with Federal or State agencies,
            private firms, institutions, and agencies for the conduct of
            research or surveys, the preparation of reports, and other
            activities necessary to the discharge of the duties of the
            Commission, to the extent or in such amounts as are provided in
            appropriation Acts.

    SEC. 657. AUTHORIZATION OF APPROPRIATIONS.

        There is authorized to be appropriated $600,000 to carry out this
    part.

    SEC. 658. SUNSET.

        The European American Commission shall terminate 60 days after it
    submits its report to Congress.

          PART II--COMMISSION ON WARTIME TREATMENT OF JEWISH REFUGEES

    SEC. 661. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT OF JEWISH
                  REFUGEES.

        (a) In General.--There is established the Commission on Wartime
    Treatment of Jewish Refugees (referred to in this subchapter as the
    ``Jewish Refugee Commission'').
        (b) Membership.--The Jewish Refugee Commission shall be composed of
    7 members, who shall be appointed not later than 90 days after the date
    of enactment of this Act as follows:
                (1) Three members shall be appointed by the President.
                (2) Two members shall be appointed by the Speaker of the
            House of Representatives, in consultation with the minority
            leader.
                (3) Two members shall be appointed by the majority leader
            of the Senate, in consultation with the minority leader.
        (c) Terms.--The term of office for members shall be for the life of
    the Jewish Refugee Commission. A vacancy in the Jewish Refugee
    Commission shall not affect its powers, and shall be filled in the same
    manner in which the original appointment was made.
        (d) Representation.--The Jewish Refugee Commission shall include
    two members representing the interests of Jewish refugees.
        (e) Meetings.--The President shall call the first meeting of the
    Jewish Refugee Commission not later than 120 days after the date of
    enactment of this Act.
        (f) Quorum.--Four members of the Jewish Refugee Commission shall
    constitute a quorum, but a lesser number may hold hearings.
        (g) Chairman.--The Jewish Refugee Commission shall elect a Chairman
    and Vice Chairman from among its members. The term of office of each
    shall be for the life of the Jewish Refugee Commission.
        (h) Compensation.--
                (1) In general.--Members of the Jewish Refugee Commission
            shall serve without pay.
                (2) Reimbursement of expenses.--All members of the Jewish
            Refugee Commission shall be reimbursed for reasonable travel
            and subsistence, and other reasonable and necessary expenses
            incurred by them in the performance of their duties.

    SEC. 662. DUTIES OF THE JEWISH REFUGEE COMMISSION.

        (a) In General.--It shall be the duty of the Jewish Refugee
    Commission to review the United States Government's refusal to allow
    Jewish and other refugees fleeing persecution or genocide in Europe
    entry to the United States as provided in subsection (b).
        (b) Scope of Review.--The Jewish Refugee Commission's review shall
    cover the period between January 1, 1933, through December 31, 1945,
    and shall include, to the greatest extent practicable, the following:
                (1) A review of the United States Government``s decision to
            deny Jewish and other refugees fleeing persecution or genocide
            entry to the United States, including a review of the
            underlying rationale of the United States Government''s
            decision to refuse the Jewish and other refugees entry, the
            information the United States Government received or acquired
            suggesting such refusal was necessary, the perceived benefit of
            such refusal, and the impact of such refusal on the refugees.
                (2) A review of Federal refugee law and policy relating to
            those fleeing persecution or genocide, including
            recommendations for making it easier in the future for victims
            of persecution or genocide to obtain refuge in the United
            States.
        (c) Field Hearings.--The Jewish Refugee Commission shall hold
    public hearings in such cities of the United States as it deems
    appropriate.
        (d) Report.--The Jewish Refugee Commission shall submit a written
    report of its findings and recommendations to Congress not later than
    18 months after the date of the first meeting called pursuant to
    section 109(e).

    SEC. 663. POWERS OF THE JEWISH REFUGEE COMMISSION.

        (a) In General.--The Jewish Refugee Commission or, on the
    authorization of the Commission, any subcommittee or member thereof,
    may, for the purpose of carrying out the provisions of this title, hold
    such hearings and sit and act at such times and places, and request the
    attendance and testimony of such witnesses and the production of such
    books, records, correspondence, memorandum, papers, and documents as
    the Commission or such subcommittee or member may deem advisable. The
    Jewish Refugee Commission may request the Attorney General to invoke
    the aid of an appropriate United States district court to require, by
    subpoena or otherwise, such attendance, testimony, or production.
        (b) Government Information and Cooperation.--The Jewish Refugee
    Commission may acquire directly from the head of any department,
    agency, independent instrumentality, or other authority of the
    executive branch of the Government, available information that the
    Jewish Refugee Commission considers useful in the discharge of its
    duties. All departments, agencies, and independent instrumentalities,
    or other authorities of the executive branch of the Government shall
    cooperate with the Jewish Refugee Commission and furnish all
    information requested by the Jewish Refugee Commission to the extent
    permitted by law. For purposes of section 552a(b)(9) of title 5, United
    States Code (commonly known as the ``Privacy Act of 1974''), the Jewish
    Refugee Commission shall be deemed to be a committee of jurisdiction.

    SEC. 664. ADMINISTRATIVE PROVISIONS.

        The Jewish Refugee Commission is authorized to--
                (1) appoint and fix the compensation of such personnel as
            may be necessary, without regard to the provisions of title 5,
            United States Code, governing appointments in the competitive
            service, and without regard to the provisions of chapter 51 and
            subchapter III of chapter 53 of such title relating to
            classification and General Schedule pay rates, except that the
            compensation of any employee of the Commission may not exceed a
            rate equivalent to the rate payable under GS-15 of the General
            Schedule under section 5332 of such title;
                (2) obtain the services of experts and consultants in
            accordance with the provisions of section 3109 of such title;
                (3) obtain the detail of any Federal Government employee,
            and such detail shall be without reimbursement or interruption
            or loss of civil service status or privilege;
                (4) enter into agreements with the Administrator of General
            Services for procurement of necessary financial and
            administrative services, for which payment shall be made by
            reimbursement from funds of the Commission in such amounts as
            may be agreed upon by the Chairman of the Commission and the
            Administrator;
                (5) procure supplies, services, and property by contract in
            accordance with applicable laws and regulations and to the
            extent or in such amounts as are provided in appropriation
            Acts; and
                (6) enter into contracts with Federal or State agencies,
            private firms, institutions, and agencies for the conduct of
            research or surveys, the preparation of reports, and other
            activities necessary to the discharge of the duties of the
            Commission, to the extent or in such amounts as are provided in
            appropriation Acts.

    SEC. 665. AUTHORIZATION OF APPROPRIATIONS.

        There is authorized to be appropriated $600,000 to carry out this
    part.

    SEC. 666. SUNSET.

        The Jewish Refugee Commission shall terminate 60 days after it
    submits its report to Congress.

                PART III--FUNDING SOURCE FOR THE WARTIME STUDIES

    SEC. 671. FUNDING SOURCE.

        Of the funds made available for the Department of Justice by the
    Consolidated Security, Disaster Assistance, and Continuing
    Appropriations Act, 2009 (Public Law 110-329), $1,200,000 is hereby
    rescinded.

               Subtitle D--State Court Interpreter Grant Program

    SEC. 681. FINDINGS.

        Congress finds that--
                (1) the fair administration of justice depends on the
            ability of all participants in a courtroom proceeding to
            understand that proceeding, regardless of their English
            proficiency;
                (2) 19 percent of the population of the United States over
            5 years of age speaks a language other than English at home;
                (3) only qualified court interpreters can ensure that
            persons with limited English proficiency comprehend judicial
            proceedings in which they are a party;
                (4) the knowledge and skills required of a qualified court
            interpreter differ substantially from those required in other
            interpretation settings, such as social service, medical,
            diplomatic, and conference interpreting;
                (5) the Federal Government has demonstrated its commitment
            to equal administration of justice regardless of English
            proficiency;
                (6) regulations implementing title VI of the Civil Rights
            Act of 1964, as well as the guidance issued by the Department
            of Justice pursuant to Executive Order 13166, issued August 11,
            2000, clarify that all recipients of Federal financial
            assistance, including State courts, are required to take
            reasonable steps to provide meaningful access to their
            proceedings for persons with limited English proficiency;
                (7) 40 States have developed, or are developing, qualified
            court interpreting programs;
                (8) robust, effective court interpreter programs--
                        (A) actively recruit skilled individuals to be
                    court interpreters;
                        (B) train those individuals in the interpretation
                    of court proceedings;
                        (C) develop and use a thorough, systematic
                    certification process for court interpreters; and
                        (D) have sufficient funding to ensure that a
                    qualified interpreter will be available to the court
                    whenever necessary; and
                (9) Federal funding is necessary to--
                        (A) encourage State courts that do not have court
                    interpreter programs to develop them;
                        (B) assist State courts with nascent court
                    interpreter programs to implement them;
                        (C) assist State courts with limited court
                    interpreter programs to enhance them; and
                        (D) assist State courts with robust court
                    interpreter programs to make further improvements and
                    share successful programs with other States.

    SEC. 682. STATE COURT INTERPRETER PROGRAM.

        (a) Grants Authorized.--
                (1) In general.--The Administrator of the Office of Justice
            Programs of the Department of Justice (referred to in this
            section as the ``Administrator'') shall make grants, in
            accordance with such regulations as the Attorney General may
            prescribe, to State courts to develop and implement programs to
            assist individuals with limited English proficiency to access
            and understand State court proceedings in which they are a
            party.
                (2) Technical assistance.--The Administrator shall
            allocate, for each fiscal year, $500,000 of the amount
            appropriated pursuant to section 4 to be used to establish a
            court interpreter technical assistance program to assist State
            courts receiving grants under this subchapter.
        (b) Use of Grants.--Grants awarded under subsection (a) may be used
    by State courts to--
                (1) assess regional language demands;
                (2) develop a court interpreter program for the State
            courts;
                (3) develop, institute, and administer language
            certification examinations;
                (4) recruit, train, and certify qualified court
            interpreters;
                (5) pay for salaries, transportation, and technology
            necessary to implement the court interpreter program developed
            under paragraph (2); and
                (6) engage in other related activities, as prescribed by
            the Attorney General.
        (c) Application.--
                (1) In general.--The highest State court of each State
            desiring a grant under this section shall submit an application
            to the Administrator at such time, in such manner, and
            accompanied by such information as the Administrator may
            reasonably require.
                (2) State courts.--The highest State court of each State
            submitting an application under paragraph (1) shall include in
            the application--
                        (A) a demonstration of need for the development,
                    implementation, or expansion of a State court
                    interpreter program;
                        (B) an identification of each State court in that
                    State which would receive funds from the grant;
                        (C) the amount of funds each State court identified
                    under subparagraph (B) would receive from the grant;
                    and
                        (D) the procedures the highest State court would
                    use to directly distribute grant funds to State courts
                    identified under subparagraph (B).
        (d) State Court Allotments.--
                (1) Base allotment.--From amounts appropriated for each
            fiscal year pursuant to section 4, the Administrator shall
            allocate $100,000 to each of the highest State court of each
            State, which has an application approved under subsection (c).
                (2) Discretionary allotment.--From amounts appropriated for
            each fiscal year pursuant to section 4, the Administrator shall
            allocate $5,000,000 to be distributed among the highest State
            courts of States which have an application approved under
            subsection (c), and that have extraordinary needs that are
            required to be addressed in order to develop, implement, or
            expand a State court interpreter program.
                (3) Additional allotment.--In addition to the allocations
            made under paragraphs (1) and (2), the Administrator shall
            allocate to each of the highest State court of each State,
            which has an application approved under subsection (c), an
            amount equal to the product reached by multiplying--
                        (A) the unallocated balance of the amount
                    appropriated for each fiscal year pursuant to section
                    4; and
                        (B) the ratio between the number of people over 5
                    years of age who speak a language other than English at
                    home in the State and the number of people over 5 years
                    of age who speak a language other than English at home
                    in all the States that receive an allocation under
                    paragraph (1), as those numbers are determined by the
                    Bureau of the Census.
                (4) Treatment of district of columbia.--For purposes of
            this section--
                        (A) the District of Columbia shall be treated as a
                    State; and
                        (B) the District of Columbia Court of Appeals shall
                    act as the highest State court for the District of
                    Columbia.

    SEC. 683. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated $15,000,000 for each of the
    fiscal years 2010 through 2014 to carry out this subtitle.

                           Subtitle E--Other Matters

    SEC. 691. ADJUSTMENT OF STATUS FOR CERTAIN VICTIMS OF TERRORISM.

        (a) Adjustment of Status.--The status of any alien described in
    subsection (b) may be adjusted by the Secretary to that of an alien
    lawfully admitted for permanent residence, if the alien--
                (1) applies for such adjustment not later than 1 year after
            the date of the enactment of this Act;
                (2) is not inadmissible to the United States under
            paragraph (2) or (3) of section 212(a) of the Immigration and
            Nationality Act (8 U.S.C. 1182(a)), or deportable under
            paragraph (2) or (4) of section 237(a) of such Act (8 U.S.C.
            1227(a)); and
                (3) not later than the date on which the application under
            paragraph (1) is submitted, satisfies any applicable Federal
            tax liability by establishing that--
                        (A) no such tax liability exists; or
                        (B) all outstanding liabilities have been paid.
        (b) Aliens Eligible for Adjustment of Status.--
                (1) In general.--The benefit provided under subsection (a)
            shall apply to any alien who--
                        (A) was, on September 10, 2001, the spouse, child,
                    unmarried son, or unmarried daughter of an alien who
                    died as a direct result of the terrorist activity
                    conducted against the United States on September 11,
                    2001;
                        (B) was deemed to be a beneficiary of, and by, the
                    September 11th Victim Compensation Fund of 2001 (49
                    U.S.C. 40101); and
                        (C) made a proffer of information to the Secretary
                    between April 24, 2008, and August 15, 2008, in
                    connection with a request for immigration relief.
                (2) Exception.--An alien shall not be provided any benefit
            under this section if the Secretary determines that the alien
            has willfully made a material misrepresentation or material
            omission in the proffer of information described in paragraph
            (1)(C).
        (c) Work Authorization.--The Secretary may authorize an alien who
    has applied for adjustment of status under subsection (a) to engage in
    employment in the United States during the pendency of such
    application.
        (d) Construction.--Nothing in this section shall be construed to
    limit the existing authority of the Secretary on the date of the
    enactment of this Act to require any form or other submission of
    information or to perform any background or security check for the
    purpose of determining the admissibility, or eligibility under this
    section, of any alien.
        (e) Waiver of Regulations.--Not later than 6 months after the date
    of the enactment of this Act, the Secretary shall issue guidance to
    carry out this section. The Secretary shall not be required to
    promulgate regulations before implementing this section.
        (f) No Offset in Number of Visas Available.--At the time an alien
    is granted the status of having been lawfully admitted for permanent
    residence under this section, the Secretary of State shall not be
    required to reduce the number of immigrant visas authorized to be
    issued under title II of the Immigration and Nationality Act (8 U.S.C.
    1151 et seq.).
        (g) Definitions.--
                (1) Applicable federal tax liability defined.--In this
            section, the term ``applicable Federal tax liability'' means
            liability for Federal taxes, including penalties and interest,
            owed for any year for which the statutory period for assessment
            of any deficiency for such taxes has not expired.
                (2) Incorporation by reference.--Except as otherwise
            specifically provided in this section, the definitions used in
            the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
            (excluding the definitions applicable exclusively to title III
            of such Act) shall apply in the administration of this section.

    SEC. 692. DEVELOPMENT OF ASSESSMENT AND STRATEGY ADDRESSING FACTORS
                  DRIVING MIGRATION.

        (a) Development of Assessment.--The General Accounting Office shall
    develop a baseline assessment of the primary factors driving migration
    in a prioritized group of ten countries with the highest rates of
    irregular migration to the United States within six months of the date
    of enactment of this Act. The report should, at a minimum, include
    factors driving migration in the prioritized countries, and any current
    impact of United States assistance, trade or foreign policy on
    migration trends in the prioritized countries.
        (b) Strategy Address Factors Driving Immigration.--The Secretary of
    State, working with the Administrator of the United States Agency for
    International Development, shall subsequently submit to the Committee
    on Foreign Relations of the Senate and the Committee on Foreign Affairs
    of the House of Representatives, a strategy which responds to the
    identified economic, social and security factors driving high rates of
    irregular migration from the prioritized countries identified. The
    strategy should incorporate consultation with the Bureau of Population,
    Refugees, and Migration of the Department of State, the Department of
    Labor, and the Office of the United States Trade Representative.
        (c) Elements of Strategy.--The strategy required by subsection (b)
    shall include the following:
                (1) A summary and evaluation of current assistance provided
            by the Government of the United States to countries with the
            highest rates of irregular migration to the United States. Each
            country report should, at a minimum, identify regions and
            municipalities experiencing the highest emigration rates and
            the current level of United States aid or investment in these
            areas.
                (2) Recommendations for future United States Government
            assistance and technical support to address key economic,
            social and development factors identified in the prioritized
            migration source countries. Such assistance should be designed
            to ensure appropriate engagement of national and local
            governments and civil society organizations.

    SEC. 693. SENSE OF CONGRESS ON INCREASED UNITED STATES FOREIGN POLICY
                  COHERENCY IN THE WESTERN HEMISPHERE.

        It is the sense of Congress that the Secretary of State should
    review the United States foreign policy toward Latin America in order
    to strengthen hemispheric security through the reduction of poverty and
    inequality, expansion of equitable trade, support for democratic
    institutions, citizen security and the rule of law, as essential
    elements in consolidation of a well-managed regional migration policy.
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