[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3163 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3163
To provide for comprehensive immigration reform, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2013
Mr. Grijalva (for himself, Mr. Vela, and Mr. Gene Green of Texas)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committees on Homeland Security,
Armed Services, Foreign Affairs, Natural Resources, Ways and Means,
Education and the Workforce, Oversight and Government Reform, and House
Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for comprehensive immigration reform, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Comprehensive
Immigration Reform for America's Security and Prosperity Act of 2013'',
the ``Comprehensive Immigration Reform ASAP Act of 2013'', or as the
``CIR ASAP Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Reference to the Immigration and Nationality Act.
Sec. 4. Definitions.
Sec. 5. Severability.
TITLE I--BORDER SECURITY AND ENFORCEMENT
Sec. 101. Sense of Congress.
Subtitle A--Border Security
Sec. 111. National Strategy for Border Security.
Sec. 112. Increase in number of Customs and Border Protection Officers.
Sec. 113. Improving ports of entry for border security and other
purposes.
Sec. 114. Inventory of personnel.
Sec. 115. Standards of professional conduct.
Sec. 116. Inventory of assets.
Sec. 117. Customs border patrol and border protection assets.
Sec. 118. Technological assets.
Sec. 119. Secure communication.
Sec. 120. Surveillance plan.
Sec. 121. Surveillance technologies programs.
Sec. 122. Border security searches of electronic devices.
Sec. 123. Border relief grant program.
Sec. 124. Northern and Southern border drug prosecution initiative.
Sec. 125. Operation Streamline prosecution initiative.
Sec. 126. Project Gunrunner.
Sec. 127. Operation Armas Cruzadas.
Sec. 128. Combating human smuggling.
Sec. 129. Report on deaths and strategy study.
Sec. 130. United States-Mexico Border Enforcement Commission.
Sec. 131. Prohibition on military involvement in nonemergency border
enforcement.
Sec. 132. Definitions.
Sec. 133. Border protection strategy.
Sec. 134. Actions to further secure operational control of the
international land borders of the United
States.
Sec. 135. Borderlands monitoring and mitigation.
Sec. 136. Border Communities Liaison Office.
Sec. 137. Office of Civil Rights and Civil Liberties and Office of
Inspector General.
Sec. 138. Improving ports of entry for border security and other
purposes.
Sec. 139. Ports of entry.
Sec. 140. Ports of entry infrastructure and operations assessment
study.
Sec. 141. National Land Border Ports of Entry Security Plan.
Sec. 142. Ports of entry technology demonstration program.
Sec. 143. Reports on improving the exchange of information on North
American security.
Sec. 144. Southern Border Security Task Force.
Sec. 145. Cooperation with the Government of Mexico.
Sec. 146. Enhanced international cooperation.
Sec. 147. Expansion of commerce security programs.
Sec. 148. Authorization of appropriations.
Subtitle B--Detention
Sec. 151. Definitions.
Sec. 152. Detention conditions.
Sec. 153. Specific detention requirements for short-term detention
facilities.
Sec. 154. Rulemaking and enforcement.
Sec. 155. Immigration Detention Commission.
Sec. 156. Death in custody reporting requirement.
Sec. 157. Protection of community-based organizations, faith-based
organizations and other institutions.
Sec. 158. Apprehension procedures for immigration-related enforcement
activities.
Sec. 159. Protections against unlawful detentions of United States
citizens.
Sec. 160. Basic protections for vulnerable populations.
Sec. 161. Report on protections for vulnerable populations impacted by
immigration enforcement activities.
Sec. 162. Family Detention and Unity Protections.
Sec. 163. Apprehension procedures for families and parents.
Sec. 164. Child welfare services for children separated from parents
detained or removed from the United States
for immigration violations.
Sec. 165. Vulnerable population and child welfare training for
immigration enforcement officers.
Sec. 166. Access for parents, legal guardians, and, primary caregiver
relatives.
Sec. 167. Enhanced protections for vulnerable unaccompanied alien
children and female detainees.
Sec. 168. Preventing unnecessary detention of refugees.
Sec. 169. Reports on protections from unlawful detention.
Sec. 170. Rulemaking.
Subtitle C--Enforcement
Sec. 181. Labor enforcement.
Sec. 182. Mandatory address reporting requirements.
Sec. 183. Preemption of State and local law.
Sec. 184. Delegation of immigration authority.
Sec. 185. Immigration and Customs Enforcement Ombudsman.
Sec. 186. Eliminating arbitrary bar to asylum.
Sec. 187. Restoration of judicial review.
TITLE II--EMPLOYMENT VERIFICATION
Sec. 201. Employment verification.
Sec. 202. Parity with Civil Rights Act of 1964.
Sec. 203. Amendments to the Social Security Act.
TITLE III--VISA REFORMS
Sec. 301. Elimination of existing backlogs.
Sec. 302. Reclassification of spouses and minor children of legal
permanent residents as immediate relatives.
Sec. 303. Country limits.
Sec. 304. Promoting family unity.
Sec. 305. Surviving relatives.
Sec. 306. Extension of waiver authority.
Sec. 307. Discretionary waiver for long-term lawful permanent
residents.
Sec. 308. Continuous presence.
Sec. 309. Bar on the removal of certain refugees, parolees or asylees.
Sec. 310. Exemption from immigrant visa limit for certain veterans who
are natives of Philippines.
Sec. 311. Fiancee or fiance child status protection.
Sec. 312. Equal treatment for all stepchildren.
Sec. 313. Sons and daughters of Filipino World War II veterans.
Sec. 314. Determinations under the Haitian Refugee Immigration Fairness
Act of 1998.
Sec. 315. Discretionary authority.
Sec. 316. Affidavit of support.
Sec. 317. Visa to prevent unauthorized migration.
Sec. 318. Adjustment of status.
Sec. 319. Rulemaking.
Sec. 320. United States-educated immigrants.
Sec. 321. Retaining workers subject to green card backlog.
Sec. 322. Return of talent program.
TITLE IV--EARNED LEGALIZATION OF UNDOCUMENTED INDIVIDUALS
Subtitle A--Conditional Nonimmigrants
Sec. 401. Conditional nonimmigrants.
Sec. 402. Adjustment of status for conditional nonimmigrants.
Sec. 403. Administrative and judicial review.
Sec. 404. Mandatory disclosure of information.
Sec. 405. Penalties for false statements in applications.
Sec. 406. Aliens not subject to direct numerical limitations.
Sec. 407. Employer protections.
Sec. 408. Limitations on eligibility.
Sec. 409. Rulemaking.
Sec. 410. Correction of Social Security records.
Sec. 411. Restoration of State option to determine residency for
purposes of higher education benefits.
Sec. 412. Authorization of appropriations.
Subtitle B--Agricultural Job Opportunities, Benefits, and Security
Chapter 1--Title and Definitions
Sec. 421. Short title.
Sec. 422. Definitions.
Chapter 2--Pilot Program for Earned Status Adjustment of Agricultural
Workers
subchapter a--blue card status
Sec. 431. Requirements for blue card status.
Sec. 432. Treatment of aliens granted blue card status.
Sec. 433. Adjustment to permanent residence.
Sec. 434. Applications.
Sec. 435. Waiver of numerical limitations and certain grounds for
inadmissibility.
Sec. 436. Administrative and judicial review.
Sec. 437. Use of information.
Sec. 438. Regulations, effective date, authorization of appropriations.
subchapter b--correction of social security records
Sec. 441. Correction of Social Security records.
Chapter 3--Reform of H-2A Worker Program
Sec. 451. Amendments to the Immigration and Nationality Act.
Chapter 4--Miscellaneous Provisions
Sec. 461. Determination and use of user fees.
Sec. 462. Regulations.
Sec. 463. Reports to Congress.
Sec. 464. Effective date.
TITLE V--STRENGTHENING THE U.S. ECONOMY AND WORKFORCE
Subtitle A--Immigration and Labor
Chapter 1--Immigration and Labor Markets
Sec. 501. Commission on Immigration and Labor Markets.
Sec. 502. Security and prosperity account.
Sec. 503. American recruit and match system.
Chapter 2--Protection of Workers Recruited Abroad
Sec. 511. Protections for workers recruited abroad.
Sec. 512. Enforcement provisions.
Sec. 513. Procedures in addition to other rights of employees.
Sec. 514. Authority to prescribe regulations.
Sec. 515. Definitions.
Chapter 3--Technical Correction
Sec. 521. Technical correction.
Subtitle B--Reforms of Certain Classes of Employment-Based Visas
Chapter 1--H-1B Visa Fraud and Abuse Protections
subchapter a--h-1b employer application requirements
Sec. 531. Modification of application requirements.
Sec. 532. New application requirements.
Sec. 533. Application review requirements.
subchapter b--investigation and disposition of complaints against h-1b
Sec. 541. General modification of procedures for investigation and
disposition.
Sec. 542. Investigation, working conditions, and penalties.
Sec. 543. Waiver requirements.
Sec. 544. Initiation of investigations.
Sec. 545. Information sharing.
Sec. 546. Conforming amendment.
subchapter c--other h-1b provisions
Sec. 551. Posting available H-1B positions through the Department of
Labor.
Sec. 552. H-1B government authority and requirements.
Sec. 553. Additional Department of Labor employees.
Chapter 2--L-1 Nonimmigrants
Sec. 561. Prohibition on outplacement of L-1 nonimmigrants.
Sec. 562. L-1 employer petition requirements for employment at new
offices.
Sec. 563. Cooperation with Secretary of State.
Sec. 564. Investigation and disposition of complaints against L-1
employers.
Sec. 565. Wage rate and working conditions for L-1 nonimmigrant.
Sec. 566. Penalties.
Sec. 567. Prohibition on retaliation against L-1 nonimmigrants.
Sec. 568. Technical amendments.
Sec. 569. Reports on L-1 nonimmigrants.
Sec. 570. Application.
Sec. 571. Report on L-1 blanket petition process.
Sec. 572. Requirements for information for H-1B and L-1 nonimmigrants.
Chapter 3--Protection of H-2B Nonimmigrants
Sec. 581. Enforcement of Federal labor laws relating to H-2B
nonagricultural guest workers.
Sec. 582. Recruitment of United States workers.
Sec. 583. Prevailing wages for United States workers and H-2B workers.
Sec. 584. Certification requirement.
Sec. 585. Protections for workers.
Sec. 586. Petitions by employers that have signed labor agreements with
unions that operate hiring halls.
Sec. 587. H-2B nonimmigrant labor certification application fees.
Chapter 4--Adjustments to the EB-5 Visa Program
Sec. 591. Permanent reauthorization of EB-5 regional center program;
application fee.
Sec. 592. Premium processing fee for EB-5 immigrant investors.
Sec. 593. Concurrent filing of EB-5 petitions and applications for
adjustment of status.
Sec. 594. Improved set-aside for targeted employment areas.
Sec. 595. Set-aside of visas for regional center program.
Sec. 596. Extension.
Sec. 597. Study.
Sec. 598. Full-time equivalents.
Sec. 599. Eligibility for adjustment of status.
Sec. 599A. Expansion of EB-5 eligibility to include qualified
immigrants who complete investment
agreements.
Chapter 5--Effective Date
Sec. 599B. Application.
TITLE VI--INTEGRATION OF NEW AMERICANS
Subtitle A--Citizenship Promotion
Sec. 601. Immigration service fees.
Sec. 602. Administration of tests for naturalization; fulfillment by
elderly persons of requirement for
naturalization relating to knowledge of
English language.
Sec. 603. Voluntary electronic filing of applications.
Sec. 604. Timely background checks.
Sec. 605. National citizenship promotion program.
Sec. 606. Effective date.
Subtitle B--Miscellaneous
Sec. 611. Grants to support public education and community training.
Sec. 612. Grant program to assist applicants for naturalization.
Sec. 613. Naturalization for certain U.S. high school graduates.
Sec. 614. Family integration.
Sec. 615. Consideration for domestic resettlement of refugees.
Sec. 616. Credits for teachers of English language learners.
Sec. 617. Credits for employer-provided adult English literacy and
basic education programs.
Sec. 618. Grants to States to form New American Councils.
Sec. 619. Independence Day ceremonies for oaths of allegiance.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Federal immigration laws must uphold America's long
history of being a Nation of immigrants from every continent in
the world, and reaffirm our Nation's commitment to strong and
united families, civil rights, economic opportunity and
diversity.
(2) The Government of the United States should reduce the
deficit by ensuring that all individuals and employers pay
their fair share of taxes and contribute equally to the
prosperity of our great Nation.
(3) The Government of the United States has an obligation
to ensure the labor rights of all workers in our country, and
end the driving down of wages and workplace standards that
exists today due to our broken immigration system. Unscrupulous
employers should not be able to profit off of the backs of a
workforce with no voice in the workplace or civic society.
(4) The Government of the United States also has an
obligation to ensure the growth and vitality of honest American
businesses that are playing by the rules and fueling our
economic recovery.
(5) The labor and immigration policies of the United States
Government should be modernized to reflect the current needs of
American workers and the American economy.
(6) The Government of the United States cannot effectively
carry out its national security policies unless it requires
undocumented immigrants to come forward and participate fully
in our communities and legally in the economy of the United
States, so that enforcement efforts are concentrated on the
truly bad actors.
(7) Elimination of America's immigrant workforce is not an
effective or honest solution to Americas economic crisis. We
need a solution that levels the playing field and promotes
equal rights for all.
(8) Dividing American families in not a moral or just
solution to the broken immigration system. We need policies
that treat all families equally and keep them together, to
support each other and build strong communities.
(9) Flawed immigration laws and persistent unequal
administration of justice at the local level, based on race or
national origin, has undermined effective community policing by
discouraging the reporting of crime and cooperation with
prosecutors in immigrant communities, due to well-founded fears
of immigration enforcement action against them. This puts
entire communities at risk and undermines public safety for
all.
(10) The Government of the United States should ensure that
racial profiling and unequal administration of the law based on
race or national origin is not permitted by any agency of
Federal, State or local government bodies.
(11) Our Government should ensure that our Nation's borders
are secure by investing in effective strategies, eliminating
the millions of dollars currently being allocated to
ineffective ones, and by requiring consultation with State and
local communities on both the northern and southern borders
before implementing new border enforcement strategies.
(12) Foreign governments, particularly those that share an
international border with the United States, must play a
critical role in securing international borders and deterring
illegal entry of foreign nationals into the United States.
(13) The Government of the United States has an obligation
to reaffirm its commitment to effective immigrant integration
by supporting the teaching and promoting the learning of
English.
(14) Comprehensive immigration reform and strong
enforcement of immigration laws will encourage legal
immigration, deter illegal immigration, and promote the
economic and national security interests of the United States.
SEC. 3. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 4. DEFINITIONS.
In this Act:
(1) Department.--Except as otherwise provided, the term
``Department'' means the Department of Homeland Security.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
SEC. 5. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be invalid for any reason, the remainder of
this Act, the amendments made by this Act, and the application of the
provisions of such to any other person or circumstance shall not be
affected by such holding.
TITLE I--BORDER SECURITY AND ENFORCEMENT
SEC. 101. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Secretary of Homeland Security should establish a
national strategic plan for short-term and long-term border
security with improved accountability and transparency in
agency functions;
(2) the Secretary's border security priorities must support
and strengthen the significant advances in operational control
of the border;
(3) the Secretary must secure our Nation's ports of entry
and facilitate the flow of commerce and travel;
(4) the ports of entry to the United States require
additional assets, personnel, infrastructure and improvements
in technology;
(5) although States along the Southern and Northern borders
play a unique role in supporting the Federal Government, border
security and enforcement of the immigration laws are the
responsibility of the Federal Government;
(6) combating human smuggling, arms trafficking and drug
trafficking are essential to border security;
(7) protecting the economic and civic vitality of the
border region is central to border security; and
(8) effective border security depends on sustained
international cooperation.
Subtitle A--Border Security
SEC. 111. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Requirement for Strategy.--The Secretary, in consultation with
the heads of other appropriate Federal agencies, shall develop a
National Strategy for Border Security that describes actions to be
carried out to maintain operational control over all ports of entry
into the United States and the international land and maritime borders
of the United States.
(b) Content.--The National Strategy for Border Security shall
include the following:
(1) An assessment of the threat posed by terrorists and
terrorist groups that may try to infiltrate the United States
at locations along the international land and maritime borders
of the United States.
(2) A risk assessment for all United States ports of entry
and all portions of the international land and maritime borders
of the United States that includes a description of activities
being undertaken--
(A) to prevent the entry of terrorists, unlawful
aliens, instruments of terrorism, narcotics, and other
contraband into the United States; and
(B) to protect critical infrastructure at or near
such ports of entry or borders.
(3) An assessment of the most appropriate, practical, and
cost-effective means of defending the international land and
maritime borders of the United States against threats to
security and illegal transit, including intelligence
capacities, technology, equipment, personnel, and training
needed to address security vulnerabilities to include--
(A) a comprehensive assessment of risks in terms of
cost, probability, and threats to society and risk
prevention and response measures currently taken and
potentially taken relative to that assessment of risks;
(B) prevention efforts and response measures to
address such risks, whether already underway or
planned; and
(C) recommendations on realignment of programs,
locations, and resources to best address the
comprehensive assessment of risks.
(4) An assessment of staffing needs for all border security
functions, taking into account threat and vulnerability
information pertaining to the borders and the impact of new
security programs, policies, and technologies.
(5) A description of the border security roles and missions
of Federal, State, regional, local, and tribal authorities, and
recommendations regarding actions the Secretary can carry out
to improve coordination with such authorities to enable border
security and enforcement activities to be carried out in a more
efficient and effective manner.
(6) An assessment of existing programs, activities and
technologies used for border security and the effect of the use
of such efforts and technologies on civil rights, family unity,
private property rights, privacy rights, and civil liberties,
including an assessment of efforts to take into account asylum
seekers, trafficking victims, unaccompanied minor aliens, and
other vulnerable populations.
(7) A prioritized list of research and development
objectives to enhance the security of the international land
and maritime borders of the United States.
(8) A description of ways to ensure that the free flow of
legitimate travel and commerce is not diminished by efforts,
activities, and programs aimed at securing the international
land and maritime borders of the United States.
(9) A description of the performance metrics to be used to
ensure accountability by the bureaus of the Department in
implementing such Strategy.
(10) A schedule for the implementation of the security
measures described in such Strategy, including a prioritization
of security measures, realistic deadlines for addressing the
security and enforcement needs, an estimate of the resources
needed to carry out such measures, and a description of how
such resources should be allocated.
(c) Consultation.--In developing the National Strategy for Border
Security, the Secretary shall consult with representatives of--
(1) State, local, and tribal authorities with
responsibility for locations along the international land and
maritime borders of the United States; and
(2) appropriate private sector entities, nongovernmental
organizations, and affected communities that have expertise in
areas related to border management.
(d) Coordination.--The National Strategy for Border Security shall
be consistent with the National Strategy for Maritime Security
developed pursuant to Homeland Security Presidential Directive 13,
dated December 21, 2004.
(e) Submission to Congress.--
(1) Strategy.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
the National Strategy for Border Security.
(2) Updates.--The Secretary shall submit to Congress any
change of such Strategy that the Secretary determines is
necessary, not later than 30 days after such determination.
(f) Immediate Action.--Nothing in this section may be construed to
relieve the Secretary of the responsibility to take all actions
necessary and appropriate to maintain and enhance operational control
of the international land and maritime borders of the United States.
SEC. 112. INCREASE IN NUMBER OF CUSTOMS AND BORDER PROTECTION OFFICERS.
(a) Customs and Border Protection Officers.--During the 5-year
period between fiscal years 2014 and 2018, the Secretary of Homeland
Security shall, subject to the availability of appropriations for such
purpose, increase by not fewer than 5,000 the total number of full-
time, active-duty Customs and Border Protection Officers within United
States Customs and Border Protection for posting at United States ports
of entry above the number of such officers for which funds were made
available during fiscal year 2013.
(b) Agriculture Specialists.--During the 5-year period between
fiscal years 2014 and 2018, the Secretary of Homeland Security shall,
subject to the availability of appropriations for such border security
purposes, increase by not fewer than a total of 1,200 the number of
full-time Customs and Border Protection agriculture specialists for
United States ports of entry above the number of such support personnel
for which funds were made available during fiscal year 2013.
(c) Border Security Support Personnel.--During the 5-year period
between fiscal years 2014 and 2018, the Secretary of Homeland Security
shall, subject to the availability of appropriations for such purpose,
increase by not fewer than a total of 350 the number of full-time
border security support personnel for United States ports of entry
above the number of such support personnel for which funds were made
available during fiscal year 2013.
SEC. 113. IMPROVING PORTS OF ENTRY FOR BORDER SECURITY AND OTHER
PURPOSES.
(a) In General.--There are authorized to be appropriated to the
Administrator of the General Services Administration $1,000,000,000 for
each of fiscal years 2014 through 2018 to make improvements to existing
ports of entry in the United States to improve border security and for
other purposes.
(b) Priority.--In making improvements described in subsection (a),
the Administrator of the General Services Administration, in
coordination with the Commissioner of Customs and Border Protection,
shall give priority to the ports of entry that the Administrator
determines are in most need of repair to improve border security and
for other purposes in accordance with port of entry infrastructure
assessment studies required in section 603 of title VI, division E, of
the Consolidated Appropriations Act of 2008 (Public Law 101-161).
SEC. 114. INVENTORY OF PERSONNEL.
(a) Inventory.--The Secretary shall identify and inventory the
current personnel or other human resources dedicated to border security
and enforcement prior to any increase in personnel or other human
resources.
(b) Report.--The Secretary shall submit the inventory required in
subsection (a) to the following congressional committees, 90 days after
the enactment of this Act--
(1) the Committee on Homeland Security and Governmental
Affairs and the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives; and
(3) the Committee on Oversight and Government Reform of the
House of Representatives.
SEC. 115. STANDARDS OF PROFESSIONAL CONDUCT.
(a) Establishment of Standards.--Not more than 90 days after the
date of enactment of this Act, the Secretary of Homeland Security shall
establish clear standards of professional conduct for interaction with
the public, for all Customs and Border Protection agents, U.S. Border
Patrol agents, Immigration and Customs Enforcement agents, and
Agricultural Inspectors stationed within 100 miles of all land and
marine borders and at ports of entry.
(b) Purpose.--These standards of professional conduct will provide
agents with a better understanding of the prohibitions and limitations
pertaining to their conduct and activities while representing the
Department of Homeland Security. These standards are intended to--
(1) alert agents to some of the more sensitive and often
problematic matters involved in agent conduct;
(2) specify, where possible, actions and inactions that are
contrary to and that conflict with the duties and
responsibilities of Department of Homeland security agents; and
(3) guide agents in conducting themselves in a manner that
reflects standards of deportment and professionalism.
(c) Standards.--Department of Homeland Security agents stationed
within 100 miles of all land and marine borders and at ports of entry--
(1) shall not violate any law or any agency policy, rule,
or procedure;
(2) shall obey all lawful orders;
(3) shall not engage in any conduct or activities on- or
off-duty that reflect discredit on the agents, tend to bring
the agency into disrepute, or impair its efficient and
effective operation;
(4) shall conduct themselves toward the public in a civil
and professional manner that connotes a service orientation and
that will foster public respect and cooperation;
(5) shall treat violators, or perceived violators, with
respect and courtesy, guard against employing an officious or
overbearing attitude or language that may belittle, ridicule,
or intimidate the individual, or act in a manner that
unnecessarily delays the performance of their duty;
(6) while recognizing the need to demonstrate authority and
control over suspects and detainees, agents shall adhere to
this agency's use-of-force policy and shall observe the civil
rights and protect the well-being of those in their charge; and
(7) shall not use their agency powers to resolve personal
grievances (e.g., those involving the officer, family members,
relatives, or friends) with individuals. In cases where there
is personal involvement with a member of the public that would
reasonably require law enforcement intervention, agents shall
summon other on-duty personnel and a supervisor.
(d) Oversight and Evaluation.--The Department of Homeland Security
shall develop and implement a plan that applies the aforementioned
standards in officer evaluation and supervisor evaluation. This plan
shall include the following provisions to ensure responsibility and
protect civil rights:
(1) Adherence to the standards of professional conduct
shall be a central criterion in the change from probationary to
journeyman status, as well as periodic evaluations and
promotions of officers.
(2) Managers and senior officers will be held responsible
for--
(A) performance according to these standards;
(B) assessments of subordinates according to these
standards; and
(C) performance of their subordinates on these
standards, with meaningful penalties to supervisors for
failures of subordinates to adhere to such standards.
(3) The Department shall establish strong penalties for
failures to follow the standards of professional conduct that
were unaddressed until exposed by complaint processes or
Inspector General investigations. However, organizational peers
and superiors who uncover and act on failures or abuses shall
be exempt from such penalties.
(4) Agents should not be indemnified when it is determined
that a violation of civil rights standards occurred.
(e) Exception.--The standards of conduct set forth in this section
are not intended to serve as an exhaustive treatment of requirements,
limitations, or prohibitions on agent conduct and activities
established by the Secretary of Homeland Security.
(f) Notice.--The standards of conduct established under this
section shall be posted at all ports of entry in locations easily
viewed by members of the public.
(g) Complaints.--Not more than 180 days after enactment, the
Secretary shall, in consultation with the Office of Civil Rights and
Civil Liberties, establish a uniform and standardized process for the
public regarding complaints against all Customs and Border Protection
agents, U.S. Border Patrol agents, and Agricultural Inspectors for
violations of standards of professional conduct. The complaint process
shall--
(1) quickly review, effectively investigate, meaningfully
resolve complaints and identify patterns of abuse or
malfeasance and be accessible, transparent, consistent,
effective, and fair;
(2) apply uniformly to all Border Patrol Sectors and Ports
of Entry;
(3) specify to whom, how, and where complaints are to be
filed;
(4) be visible to the public at all ports of entry and
interior checkpoints, and be accessible in multiple languages;
(5) receive staff and funding commensurate with the
quantity of complaints submitted and with the funding disbursed
to Department enforcement initiatives;
(6) establish a publicly accessible national, standardized
database capable of tracking and analyzing complaints and their
resolution; and
(7) provide publicly accessible records, with copies of
complaints and their resolutions permanently preserved and
available for inspection, while maintaining the confidentiality
of complainants' identities.
(h) Complainants.--The following shall apply to all complainants:
(1) Any interested party may file a complaint through the
complaint procedure, including a legal representative.
(2) Complainants shall be protected from retaliatory action
by law enforcement.
(3) No officer of the U.S. may use the information from a
complaint to initiate removal proceedings or removals against
any person filing a complaint or identified in the complaint,
nor remove any individual involved in a complaint while the
complaint is pending.
(4) There shall be no publication of information to related
to an individual involved in a complaint which would result in
identification of the individual.
(5) Complainants shall receive full assistance from the
Department in filing complaints, including language assistance,
accommodations for disabilities, and accurate and complete
responses to their questions.
(i) Reporting.--The Secretary shall report annually to the
following Congressional Committees on the number and type of complaints
received in each sector, demographic of complainants, results of
investigations including violations of standards and any disciplinary
actions taken, and identifying any complaint patterns that could be
prevented or reduced by policy or practice changes--
(1) the Committee on Homeland Security and Governmental
Affairs and the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives; and
(3) the Committee on Oversight and Government Reform of the
House of Representatives.
SEC. 116. INVENTORY OF ASSETS.
(a) Inventory.--The Secretary shall identify and inventory the
current assets, equipment, supplies, or other physical resources
dedicated to border security and enforcement prior to any increase in
assets, equipment, supplies or other physical resources.
(b) Report.--The Secretary shall submit the inventory required in
subsection (a) to the following congressional committees, 90 days from
the enactment of this Act--
(1) the Committee on Homeland Security and Governmental
Affairs and the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives; and
(3) the Committee on Oversight and Government Reform of the
House of Representatives.
SEC. 117. CUSTOMS BORDER PATROL AND BORDER PROTECTION ASSETS.
(a) Personal Equipment.--
(1) Body armor.--The Secretary shall ensure that every
agent is issued high-quality body armor that is appropriate for
the climate and risks faced by the agent. Each agent shall be
permitted to select from among a variety of approved brands and
styles. Agents shall be strongly encouraged, but not required,
to wear such body armor whenever practicable. All body armor
shall be replaced not less often than once every five years.
(2) Weapons.--The Secretary shall ensure that agents are
equipped with weapons that are reliable and effective to
protect themselves, their fellow agents, and innocent third
parties from the threats posed by armed criminals. The
Secretary shall ensure that the policies of the Department
authorize all agents to carry weapons that are suited to the
potential threats that they face.
(3) Uniforms.--The Secretary shall ensure that all agents
are provided with all necessary uniform items, including
outerwear suited to the climate, footwear, belts, holsters, and
personal protective equipment, at no cost to such agents. Such
items shall be replaced at no cost to such agents as such items
become worn or unserviceable or no longer fit properly.
(b) Helicopters and Power Boats.--
(1) Helicopters.--The Secretary shall conduct a review of
asset needs, and if determined to be insufficient, shall
increase the number of helicopters under the control of the
Border Patrol. The Secretary shall ensure that appropriate
types of helicopters are procured for the various missions
being performed.
(2) Power boats.--The Secretary shall conduct a review of
asset needs and if determined to be insufficient, shall
increase the number of power boats under the control of the
Border Patrol. The Secretary shall ensure that the types of
power boats that are procured are appropriate for both the
waterways in which they are used and the mission requirements.
(3) Use and training.--The Secretary shall--
(A) establish an overall policy on how the
helicopters and power boats procured under this
subsection will be used; and
(B) implement training programs for the agents who
use such assets, including safe operating procedures
and rescue operations.
(c) Motor Vehicles.--
(1) Quantity.--The Secretary shall conduct a review of
asset needs and if determined to be insufficient, establish a
fleet of motor vehicles appropriate for use by the Border
Patrol. The Secretary shall ensure that there are sufficient
numbers and types of other motor vehicles to support the
mission of the Border Patrol.
(2) Features.--All motor vehicles purchased for the Border
Patrol shall--
(A) be appropriate for the mission of the Border
Patrol; and
(B) have a panic button and a global positioning
system device that is activated solely in emergency
situations to track the location of agents in distress.
(d) Electronic Equipment.--
(1) Portable computers.--The Secretary shall ensure that
each police-type motor vehicle in the fleet of the Border
Patrol is equipped with a portable computer with access to all
necessary law enforcement databases and otherwise suited to the
unique operational requirements of the Border Patrol.
(2) Radio equipment.--The Secretary shall augment the
existing radio communications system so that all law
enforcement personnel working in each area where Border Patrol
operations are conducted have clear and encrypted 2-way radio
communication capabilities at all times. Each portable
communications device shall be equipped with a panic button and
a global positioning system device that is activated solely in
emergency situations to track the location of agents in
distress.
(3) Handheld global positioning system devices.--The
Secretary shall ensure that each Border Patrol agent who is
determined by the Secretary to need a handheld global
positioning device to effectively and safely carry out his or
her duties is issued a state-of-the-art handheld global
positioning system device for navigational purposes.
(4) Night vision equipment.--The Secretary shall ensure
that sufficient quantities of state-of-the-art night vision
equipment are procured and maintained to enable each Border
Patrol agent working during the hours of darkness to be
equipped with a portable night vision device.
(e) Appropriations.--There are authorized to be appropriated to the
Secretary such sums as may be necessary for each of fiscal years 2015
through 2019 to carry out this section.
SEC. 118. TECHNOLOGICAL ASSETS.
(a) Increased Availability of Equipment.--The Secretary and the
Secretary of Defense shall analyze use of authorities provided to the
Secretary of Defense under chapter 18 of title 10, United States Code,
and whether to increase the availability and use of Department of
Defense equipment, including unmanned aerial vehicles, tethered
aerostat radars, and other surveillance equipment, to assist the
Secretary in carrying out surveillance activities conducted at or near
the international land borders of the United States to deter criminal
activity and terrorist threats.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary and the Secretary of Defense shall submit to
Congress a report that contains
(1) an analysis of the current use of Department of Defense
equipment to assist the Secretary in carrying out surveillance
of the international land borders of the United States and
assessment of the risks to citizens of the United States and
foreign policy interests associated with the use of such
equipment;
(2) an analysis of projected future use of Department of
Defense equipment to assist such surveillance activities,
including any increases;
(3) an analysis of the types of equipment and other support
to be provided by the Secretary of Defense under such plan
during the one-year period beginning on the date of the
submission of the report;
(4) an analysis of costs and cost-effectiveness related to
any increase in the availability and use of Department of
Defense equipment; and
(5) an analysis of projected schedules for implementation.
(c) Construction.--Nothing in this section may be construed as
altering or amending the prohibition on the use of any part of the Army
or the Air Force as a posse comitatus under section 1385 of title 18,
United States Code.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
fiscal years 2015 through 2019 to carry out this section.
SEC. 119. SECURE COMMUNICATION.
The Secretary shall, as expeditiously as practicable, develop and
implement a plan to improve the use of satellite communications and
other technologies to ensure clear and secure 2-way communication
capabilities--
(1) among all Border Patrol agents conducting operations
between ports of entry;
(2) between Border Patrol agents and their respective
Border Patrol stations;
(3) between Border Patrol agents and residents in remote
areas along the international land borders of the United
States; and
(4) between all appropriate border security agencies of the
Department and State, local, and tribal law enforcement
agencies.
SEC. 120. SURVEILLANCE PLAN.
(a) Requirement for Plan.--The Secretary shall develop a
comprehensive plan for the systematic surveillance of the international
land and maritime borders of the United States.
(b) Content.--The plan required by subsection (a) shall include the
following:
(1) An assessment of existing technologies employed on the
international land and maritime borders of the United States.
(2) A description of the compatibility of new surveillance
technologies with surveillance technologies in use by the
Secretary on the date of enactment of this Act.
(3) A description of how the Commissioner of the United
States Customs and Border Protection is working, or is expected
to work, with the Under Secretary for Science and Technology of
the Department to identify and test surveillance technology.
(4) A description of the specific surveillance technology
to be deployed.
(5) Identification of any obstacles that may impede such
deployment.
(6) A detailed estimate of all costs associated with such
deployment and with continued maintenance of such technologies.
(7) A description of how the Secretary is working with the
Administrator of the Federal Aviation Administration on safety
and airspace control issues associated with the use of unmanned
aerial vehicles.
(8) A description of the demonstration program to fully
integrate and utilize aerial surveillance technologies
developed pursuant to section 121(a).
(9) A description of the Integrated and Automated
Surveillance demonstration program established pursuant to
section 121(b).
(c) Submission to Congress.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall submit to Congress the
plan required by this section.
SEC. 121. SURVEILLANCE TECHNOLOGIES PROGRAMS.
(a) Aerial Surveillance Demonstration Program.--
(1) In general.--In conjunction with the border
surveillance plan developed under section 5201 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not
later than 90 days after the date of enactment of this Act,
shall develop a demonstration program to fully integrate and
utilize aerial surveillance technologies, including unmanned
aerial vehicles, to enhance the security of the international
border between the United States and Canada and the
international border between the United States and Mexico.
(2) Assessment and consultation requirements.--In
developing the program under this subsection, the Secretary
shall--
(A) consider current and proposed aerial
surveillance technologies;
(B) assess the feasibility and advisability of
utilizing such technologies to address border threats,
including an assessment of the technologies considered
best suited to address respective threats, cost-
effectiveness, reliability, and minimal impact on
border residential areas;
(C) consult with the Secretary of Defense regarding
any technologies or equipment, which the Secretary may
deploy along an international border of the United
States;
(D) consult with the Administrator of the Federal
Aviation Administration regarding safety, airspace
coordination and regulation, and any other issues
necessary for implementation of the program; and
(E) conduct a privacy impact assessment with the
Officer for Civil Rights and Civil Liberties with the
Department that includes recommendations with respect
to ensuring the civil liberties and civil rights of
individuals in surrounding communities.
(3) Additional requirements.--
(A) In general.--The demonstration program
developed under this subsection may include the use of
a variety of aerial surveillance technologies in a
variety of topographies and areas, including populated
and unpopulated areas located on or near an
international border of the United States, in order to
evaluate, for a range of circumstances--
(i) the significance of previous
experiences with such technologies in border
security or critical infrastructure protection;
(ii) the cost and effectiveness of various
technologies for border security, including
varying levels of technical complexity; and
(iii) liability, safety, and privacy
concerns relating to the utilization of such
technologies for border security.
(4) Continued use of aerial surveillance technologies.--The
Secretary may continue the operation of aerial surveillance
technologies while developing the demonstration program and
assessing the effectiveness of the utilization of such
technologies.
(5) Report to congress.--Not later than 180 days after
developing the demonstration program under this subsection, the
Secretary shall submit to Congress a report regarding such
program. The Secretary shall include in the report a
description of such program together with any recommendations
that the Secretary finds appropriate for implementing or
terminating the program.
(b) Integrated and Automated Surveillance Demonstration Program.--
(1) Requirement for program.--Subject to the availability
of appropriations, the Secretary shall establish a
demonstration program to procure additional unmanned aerial
vehicles, cameras, poles, sensors, satellites, radar coverage,
and other technologies necessary to enhance operational control
of the international borders of the United States. Such program
shall be known as the Integrated and Automated Surveillance
Demonstration Program.
(2) Program components.--The Secretary shall ensure, to the
maximum extent feasible, that--
(A) the technologies utilized in the Integrated and
Automated Surveillance Demonstration Program are
integrated and function cohesively in an automated
fashion, including the integration of motion sensor
alerts and cameras in a manner where a sensor alert
automatically activates a corresponding camera to pan
and tilt in the direction of the triggered sensor;
(B) cameras utilized in the Program do not have to
be manually operated;
(C) such camera views and positions are not fixed;
(D) surveillance video taken by such cameras is
able to be viewed at multiple designated communications
centers;
(E) a standard process is used to collect, catalog,
and report intrusion and response data collected under
the Program;
(F) future remote surveillance technology
investments and upgrades for the Program can be
integrated with existing systems;
(G) performance measures are developed and applied
that can evaluate whether the Program is providing
desired results and increasing response effectiveness
in monitoring and detecting illegal intrusions along
the international borders of the United States;
(H) plans are developed under the Program to
streamline site selection, site validation, and
environmental assessment processes to minimize delays
of installing surveillance technology infrastructure;
(I) standards are developed under the Program to
expand the shared use of existing private and
governmental structures to install remote surveillance
technology infrastructure where possible; and
(J) standards are developed under the Program to
identify and deploy the use of nonpermanent or mobile
surveillance platforms that will increase the
Secretary's mobility and ability to identify illegal
border intrusions.
(3) Report to congress.--Not later than one year after the
initial implementation of the Integrated and Automated
Surveillance Demonstration Program, the Secretary shall submit
to Congress a report regarding the Program. The Secretary shall
include in the report a description of the Program together
with any recommendation that the Secretary finds appropriate
for enhancing or terminating the program.
(4) Evaluation of contractors.--
(A) Requirement for standards.--The Secretary shall
develop appropriate standards to evaluate the
performance of any contractor providing goods or
services to carry out the Integrated and Automated
Surveillance Demonstration Program.
(B) Review by the inspector general.--
(i) In general.--The Inspector General of
the Department shall review each new contract
related to the Program that has a value of more
than $5,000,000 in a timely manner, to
determine whether such contract fully complies
with applicable cost requirements, performance
objectives, program milestones, and schedules.
(ii) Reports.--The Inspector General shall
report the findings of each review carried out
under clause (i) to the Secretary in a timely
manner. Not later than 30 days after the date
the Secretary receives a report of findings
from the Inspector General, the Secretary shall
submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report of such findings and a
description of any the steps that the Secretary
has taken or plans to take in response to such
findings.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 122. BORDER SECURITY SEARCHES OF ELECTRONIC DEVICES.
(a) Rule.--Not later than 180 days after the date of the enactment
of this Act, the Secretary, acting through the Commissioner of United
States Customs and Border Protection, in coordination with the
Assistant Secretary of Homeland Security for United States Immigration
and Customs Enforcement and the senior official appointed pursuant to
section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142), shall
issue a rule with respect to the scope of and procedural and record
keeping requirements associated with border security searches of
electronic devices.
(b) Content.--The rule issued pursuant to subsection (a) shall
include the following:
(1) A requirement that information collected during a
border security search of an electronic device that is
determined to be commercial information, including trade
secrets, information subject to attorney-client privilege,
information subject to doctor-patient privilege, or information
subject to another privilege or protection shall be handled
consistent with the laws, rules, and regulations governing such
information and shall not be shared with a Federal, State,
local, tribal, or foreign agency unless it is determined that
such agency has the mechanisms in place to comply with such
laws, rules, and regulations.
(2) A requirement that authorized agents, to the greatest
extent practicable, conduct all border security searches of
electronic devices at a port of entry in the presence of a
supervisor and, where appropriate, in the presence of the
individuals whose electronic devices are subject to such
searches.
(3) A determination of the number of days that an
electronic device subjected to a border security search or the
information collected from such device may be retained, unless
probable cause exists, that prohibits retention exceeding the
period necessary to translate, decrypt, or reasonably search
such device or information and that requires such information
to be destroyed if in the custody of an authorized agent after
such number of days.
(4) A requirement that if information collected from an
electronic device subjected to a border security search is
copied, shared, retained, or entered into an electronic
database, the individual from whose electronic device such
information is collected shall receive written notification of
such copying, sharing, retention, or entry unless such
notification would hinder an investigation involving national
security or would meet another criteria established by the
Secretary in the rule.
(5) A requirement that an individual subjected to a border
security search of an electronic device shall receive a receipt
for such device if such device is removed from the possession
of such individual.
(6) A requirement that an individual subjected to a border
security search of an electronic device shall receive notice of
how to report abuses or concerns and how to seek redress from
the Department of Homeland Security.
(7) A requirement that information on the rights of
individuals with respect to border security searches and
Department of Homeland Security redress procedures shall be
posted at all ports of entry in locations that are likely to be
viewed by individuals subject to border security searches.
(8) A privacy impact assessment of the rule, as prepared by
the senior official appointed pursuant to section 222 of the
Homeland Security Act of 2002, that includes recommendations
with respect to the copying, sharing, retention, and entry into
an electronic database of personally identifiable information
collected from electronic devices subjected to a border
security search.
(9) A civil liberties impact assessment of the rule, as
prepared by the Officer for Civil Rights and Civil Liberties of
the Department of Homeland Security.
(c) Training and Auditing With Respect to Searches.--
(1) Training.--The Secretary shall provide each authorized
agent with appropriate training to conduct border security
searches of electronic devices at ports of entry in accordance
with the rule issued pursuant to subsection (a). The training
shall include instruction on constitutional, privacy, civil
rights, and civil liberties issues related to such searches.
(2) Auditing.--The Secretary, acting through the Inspector
General of the Department of Homeland Security, shall develop
and annually administer an auditing mechanism to review whether
authorized agents are conducting border security searches of
electronic devices at ports of entry in accordance with the
rule issued pursuant to subsection (a).
(d) Report.--Not later than 180 days after the effective date of
the rule issued pursuant to subsection (a), and quarterly thereafter,
the Secretary shall submit to the Committee on Homeland Security of the
House of Representatives and to the Committee on Homeland Security and
Governmental Affairs of the Senate a report that shall include the
following:
(1) A description of the activities of authorized agents
with respect to border security searches of electronic devices
at ports of entry.
(2) A description of the manner in which the Department of
Homeland Security has complied with this Act.
(3) The number, by port of entry, of border security
searches of electronic devices at ports of entry conducted
during the reporting period.
(4) The number, by port of entry, of instances during the
reporting period that information from an electronic device
subjected to a border security search was retained, copied,
shared, or entered in an electronic database, including the
number of electronic devices retained as the result of a border
security search.
(5) The race, ethnicity, national origin, and citizenship
of each individual whose electronic device was subjected to a
border security at a port of entry search during the reporting
period, to determine the existence or absence of racial
profiling.
(6) The number of instances during the reporting period
that information collected from an electronic device subjected
to a border security search at a port of entry was referred to
a law enforcement or intelligence agency for further action,
including whether such information resulted in a prosecution or
conviction.
(e) Definitions.--In this section, the following definitions apply:
(1) Authorized agent.--The term ``authorized agent'' means
an agent, officer, or official of United States Customs and
Border Protection, United States Immigration and Customs
Enforcement, or any other office or agency of the Department of
Homeland Security who is authorized to conduct a border
security search.
(2) Border security search.--The term ``border security
search'' means a search by an authorized agent of persons,
baggage, or cargo entering, departing, or passing through the
United States through any port of entry.
(3) Electronic device.--The term ``electronic device''
means an electronic, magnetic, optical, electrochemical, or
other high-speed data processing device performing logical,
arithmetic, or storage functions, such as a computer, a
cellular telephone, or any other device used for electronic
communication or for storing electronic, digital or analog
data, and which includes any data storage facility or
communications facility directly related to or operating in
conjunction with such device.
SEC. 123. BORDER RELIEF GRANT PROGRAM.
(a) Grants Authorized.--
(1) In general.--The Attorney General is authorized to
award grants to--
(A) eligible law enforcement agencies, or a
coalition of such agencies, including sheriff's
offices, police departments and tribal police
departments; and
(B) institutions of higher education that provide
assistance to law enforcement agencies in counties
described in subparagraph (A) or (B) of subsection
(d)(1) to provide the resources described in subsection
(b)(4).
(2) Competitive basis.--The Attorney General shall award
grants under this section on a competitive basis.
(3) Priority.--In awarding grants for the uses described in
paragraphs (1) through (3) of subsection (b), the Attorney
General shall give priority to law enforcement agencies--
(A) located in a county that is within 100 miles
from the United States border with Mexico or Canada;
and
(B) in compliance with Federal and State racial
profiling laws and guidelines.
(4) Duration.--Grants awarded under this section shall not
exceed two years. Prior awardees must reapply to be considered
for continued funding.
(5) Prohibition.--The Attorney General shall not award a
grant to any applicant that is under investigation for
violations of Federal or State racial profiling laws or
guidelines.
(b) Use of Funds.--Grants awarded under this section may only be
used to provide additional resources for eligible law enforcement
agencies to address drug-related criminal activity, and for the
training and assistance described in paragraph (4) for organizations
described in subsection (a)(3), including resources to--
(1) combat criminal activities along the Northern and
Southern border by--
(A) obtaining, upgrading, or maintain equipment;
(B) hiring additional personnel;
(C) reimbursing operational expenditures, including
overtime and transportation costs; and
(D) providing other assistance necessary to address
drug-related criminal activity;
(2) facilitate information sharing and collaboration by--
(A) establishing, maintaining, or enhancing multi-
jurisdictional intelligence gathering and sharing
activities;
(B) facilitating regional crime prevention and
reduction efforts; and
(C) strengthening partnerships between Federal,
tribal, State, and local law enforcement agencies;
(3) enhance jails, community corrections, and detention
operations by--
(A) improving the administration and operations of
correction functions related to reducing and preventing
criminal narcotics activity;
(B) improving access to intelligence and
collaboration between law enforcement and correctional
system personnel;
(C) reducing the recidivism rates of drug
offenders; and
(D) hiring detention, probation, parole, and other
corrections personnel for implementation of the efforts
described in this paragraph; and
(4) provide training and technical assistance, including
training and assistance related to--
(A) narcotics-related kidnapping negotiation and
rescue tactics;
(B) intelligence and information sharing on drug
trafficking organizations; and
(C) the interdiction of narcotics, weapons, and
illegal drug proceeds.
(c) Application.--
(1) In general.--Each eligible law enforcement agency, or
coalition of such agencies, seeking a grant under this section
shall submit an application to the Attorney General at such
time, in such manner, and accompanied by such information as
the Attorney General may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall--
(A) describe the activities for which assistance
under this section is sought;
(B) disclose whether the applicant has ever been
investigated for or convicted of violation of Federal
or State racial profiling laws or guidelines; and
(C) provide such additional assurances as the
Attorney General determines to be essential to ensure
compliance with the requirements under this section.
(d) Monitoring and Oversight.--
(1) Each grantee shall submit to the Attorney General
documentation of the use of grant funds, including an
assessment of their utility in protecting border community
safety, the prevention of smuggling activities, and the
apprehension of persons involved in violence and organized
crime.
(2) These reports will determine whether the grantee uses
funds appropriately and should be considered for a renewal
grant.
(e) Definitions.--In this section:
(1) Eligible law enforcement agency.--The term ``eligible
law enforcement agency'' means a tribal, State, or local law
enforcement agency, including a community corrections agency
and any agency that employs prosecutors, probation officers, or
parole officers, which is located or performs duties in--
(A) a county that is not more than 100 miles from a
United States border with Mexico;
(B) a county that is not more than 100 miles from a
United States border with Canada; or
(C) a jurisdiction that has been designated by the
Director of the Office of Drug Control Policy as a High
Intensity Drug Trafficking Area.
(2) High intensity drug trafficking area.--The term ``High
Intensity Drug Trafficking Area'' means any jurisdiction
designated as a ``High Intensity Drug Trafficking Area'' by the
National Drug Control Program under section 707 of the Office
of National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1706).
(f) Assessment and Report.--The Attorney General shall submit a bi-
annual report assessing the success of the program in combating and
reducing drug-trafficking and drug-related criminal activity, cost-
effectiveness of the program, and future value and viability of the
program to--
(1) the Committee on the Judiciary of the House of
Representatives; and
(2) the Committee on the Judiciary of the Senate.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$100,000,000 for each of the fiscal years 2015 through 2019 to
carry out the provisions of this section.
(2) Allocation of authorized funds.--Of the amounts
appropriated pursuant to paragraph (1)--
(A) not more than 33 percent may be set aside for
High Intensity Drug Trafficking Areas; and
(B) not more than 30 percent may be used for
activities described in paragraphs (3) and (4) of
subsection (b).
(3) Supplement not supplant.--Amounts appropriated for
grants pursuant to paragraph (1) shall be used to supplement
and not to supplant other tribal, State, and local public funds
obligated for the purposes provided under this section.
SEC. 124. NORTHERN AND SOUTHERN BORDER DRUG PROSECUTION INITIATIVE.
(a) Reimbursement to State and Local Prosecutors for Prosecuting
Federally Initiated Drug Cases.--The Attorney General shall, subject to
the availability of appropriations, reimburse State and county
prosecutors located in States along the Northern or Southern border of
the United States for prosecuting federally initiated and referred drug
cases.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary for each of the fiscal years 2015
through 2019 to carry out subsection (a).
SEC. 125. OPERATION STREAMLINE PROSECUTION INITIATIVE.
(a) Suspension of Operation Streamline.--The Secretary shall
suspend the program pending submission of the report in subsection (b)
to the relevant congressional committees in subsection (c) and a
revaluation of the program's future viability.
(b) Reporting Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland Security, in
coordination with the Attorney General, shall submit a report to the
relevant congressional committees set forth in subsection (c) that
provides details about--
(1) operational goals and oversight mechanisms of
``Operation Streamline'' and similar programs;
(2) costs of seeking Federal court prosecution and jail
time for all illegal entrants prior to referral to immigration
court removal proceedings, as compared to initial referral of
such entrants to immigration courts upon apprehension;
(3) costs of detentions, prosecutions, and incarcerations
for immigrant offenses under Operation Streamline programs over
the three years prior to enactment of this Act;
(4) cost estimates for Federal resources that would be
necessary to implement Operation Streamline effectively in each
Border Patrol sector, including sufficient judicial resources,
Federal Public Defenders, U.S. Marshals, detention facilities,
United States Attorneys, and costs already being incurred in
active areas;
(5) the impact of Operation Streamline programs on Federal
prosecutorial initiatives focused on curbing border violence,
including enhanced use of investigations and prosecutions for
money laundering or other financial offenses to disrupt the
illicit firearms trade, human smuggling, and cross-border drug
and currency trafficking;
(6) the impact of Operation Streamline programs on
discretionary prosecutorial decisions;
(7) the numbers of Federal prosecutions for drug
trafficking, human smuggling, white-collar, civil rights,
environmental, and other criminal cases over the three years
prior to enactment of this Act in areas utilizing Operation
Streamline initiatives;
(8) lengths of imprisonment, names, convictions, and
locations of prisons used for those arrested under Operation
Streamline programs over the three years prior to enactment of
this Act;
(9) Federal convictions obtained under Operation Streamline
including number of non-violent immigration offenses;
(10) comparison of rates of Federal prosecutions and
convictions in districts along the southern border in relation
to other districts nationwide; and
(11) interviews with criminal defense attorneys who have
represented defendants charged under Operation Streamline,
including review of the opportunity of arrestees to consult
with immigration attorneys prior to conviction, and the ratio
of defendants to defense attorneys.
(c) Relevant Congressional Committees in This Section.--
(1) The Committee on Appropriations of the Senate.
(2) The Committee on the Judiciary of the Senate.
(3) The Committee on Appropriations of the House of
Representatives.
(4) The Committee on the Judiciary of the House of
Representatives.
(5) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(6) The Committee on Homeland Security of the House of
Representatives.
(d) Reevaluation of Program.--The Secretary of Homeland Security,
in coordination with the Attorney General, shall have 180 additional
days, after submission of the report in subsection (b) to the relevant
congressional committees, to reevaluate the future viability of the
program. At the end of the 180 day period, the Secretary shall
determine whether to continue or terminate the program.
SEC. 126. PROJECT GUNRUNNER.
(a) In General.--The Attorney General shall dedicate and expand the
resources provided for the Project Gunrunner initiative of the Bureau
of Alcohol, Tobacco, Firearms, and Explosives to identify, investigate,
and prosecute individuals involved in the trafficking of firearms
across the international border between the United States and Mexico.
(b) Activities.--In carrying out this section, the Attorney General
shall--
(1) assign additional agents of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives to the area of the United
States adjacent to the international border between the United
States and Mexico to support the expansion of Project Gunrunner
teams;
(2) establish not fewer than one Project Gunrunner team in
each State along the international border between the United
States and Mexico; and
(3) coordinate with the heads of other relevant Federal law
enforcement agencies and State and local law enforcement
agencies to address firearms trafficking in a comprehensive
manner.
(c) Additional Staff.--The Attorney General may hire Bureau of
Alcohol, Tobacco, Firearms, and Explosives agents for, and otherwise
expend additional resources needed to adequately support, Project
Gunrunner.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 for each of fiscal years 2015 and 2016 to
carry out this section.
SEC. 127. OPERATION ARMAS CRUZADAS.
(a) In General.--In accordance with subsection (b), the Secretary
of Homeland Security shall dedicate and expand the resources provided
for Operation Armas Cruzadas of United States Immigration and Customs
Enforcement (ICE) to identify, investigate, and prosecute individuals
involved in the trafficking and smuggling of firearms across the
international border between the United States and Mexico.
(b) Resources.--To achieve the goal described in subsection (a),
the Secretary of Homeland Security shall--
(1) increase the number of ICE agents assigned to Operation
Armas Cruzadas over the number of such agents who are so
assigned as of the date of the enactment of this section;
(2) increase the number of Border Enforcement Security Task
Force (BEST) teams stationed along the border over the number
of such teams so stationed as of the date of the enactment of
this section; and
(3) coordinate with the heads of other relevant Federal,
State, and local law enforcement agencies to address firearms
trafficking in a comprehensive manner.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 for each of fiscal years 2015 and 2016 to
carry out this section.
SEC. 128. COMBATING HUMAN SMUGGLING.
(a) Requirement for Plan.--The Secretary shall develop and
implement a plan to improve coordination among United States
Immigration and Customs Enforcement and United States Customs and
Border Protection and any other Federal, State, local, or tribal
authorities, as determined appropriate by the Secretary, to improve
coordination efforts to combat human smuggling.
(b) Content.--In developing the plan required by subsection (a),
the Secretary shall consider--
(1) the interoperability of databases utilized to prevent
human smuggling;
(2) adequate and effective personnel training, including
methods to ascertain crime victims and vulnerable populations
as described in subtitle B of this title;
(3) methods and programs to effectively target networks
that engage in such smuggling;
(4) effective utilization of--
(A) visas for victims of trafficking and other
crimes; and
(B) investigatory techniques, equipment, and
procedures that prevent, detect, and prosecute
international money laundering and other operations
that are utilized in smuggling;
(5) joint measures, with the Secretary of State, to enhance
intelligence sharing and cooperation with foreign governments
whose citizens are preyed on by human smugglers; and
(6) other measures that the Secretary considers appropriate
to combat human smuggling.
(c) Report.--Not later than one year after implementing the plan
described in subsection (a), the Secretary shall submit to Congress a
report on such plan, including any recommendations for legislative
action to improve efforts to combating human smuggling.
SEC. 129. REPORT ON DEATHS AND STRATEGY STUDY.
(a) In General.--The Commissioner of the United States Customs and
Border Protection shall do the following:
(1) Collection of statistics.--Collect statistics relating
to deaths occurring at the border between the United States and
Mexico, including--
(A) the causes of the deaths; and
(B) the total number of deaths.
(2) Publication of statistics.--Publish the statistics
collected in paragraph (1) quarterly.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, submit to the
Secretary a report that--
(A) analyzes trends with respect to the statistics
collected under subsection (a) during the preceding
year; and
(B) recommends actions to reduce and prevent the
deaths described in subsection (a).
(b) Southwest Border Strategy Study and Analysis.--The Secretary
shall conduct a study of Southwest Border Enforcement operations since
1994 and its relationship to death rates on the U.S.-Mexico border.
(1) Substance.--The study shall include--
(A) an analysis on the relationship of border
enforcement and deaths on the border;
(B) an analysis of whether physical barriers,
technology, and enforcement programs have contributed
to the rate of migrant deaths;
(C) an analysis of the effectiveness of
geographical terrain as a natural barrier for entry
into the United States in achieving Department goals
and its role in contributing to rates of migrant
deaths;
(D) consultation with nongovernmental organizations
and other community stakeholders involved in recovering
and identifying migrant deaths; and
(E) an assessment of existing protocol related to
reporting, tracking and inter-agency communications
between CBP and local first responders and consular
services.
(2) Report.--The studies shall be submitted to--
(A) the United States-Mexico Border Enforcement
Commission as established in section 130;
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary
of the Senate;
(C) the Committee on Homeland Security and the
Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Oversight and Government
Reform of the House of Representatives.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 130. UNITED STATES-MEXICO BORDER ENFORCEMENT COMMISSION.
(a) Establishment of Commission.--
(1) In general.--There is established an independent
commission to be known as the Immigration and United States-
Mexico Border Enforcement Commission (referred to in this
section as the ``Commission'').
(2) Purposes.--The purposes of the Commission are--
(A) to study the overall enforcement strategies,
programs and policies of Federal agencies along the
United States-Mexico border, including the Department
of Homeland Security, Justice and other relevant
agencies;
(B) to strengthen relations and collaboration
between communities in the border regions and the
Department of Homeland Security, Justice and other
Federal agencies that carry out such strategies,
programs and policies;
(C) to ensure the strategies, programs and policies
of Federal agencies along the United States-Mexico
border and the agents and employees charged to
implement them protect the due process and civil and
human rights of all individuals and communities at and
near the border; and
(D) to make recommendations to the President and
Congress with respect to such strategies, programs, and
policies.
(3) Membership.--The Commission shall be composed of 16
voting members, who shall be appointed as follows:
(A) The Governors of the States of California, New
Mexico, Arizona, and Texas shall each appoint 4 voting
members of whom--
(i) 1 shall be a local elected official
from the State's border region;
(ii) 1 shall be a local law enforcement
official from the State's border region; and
(iii) 2 shall be from the State's
communities of academia, religious leaders,
civic leaders or community leaders.
(B) 2 nonvoting members, of whom--
(i) 1 shall be appointed by the Secretary;
and
(ii) 1 shall be appointed by the Attorney
General.
(4) Qualifications.--
(A) In general.--Members of the Commission shall
be--
(i) individuals with expertise in
migration, border enforcement and protection,
civil and human rights, community relations,
cross-border trade and commerce or other
pertinent qualifications or experience; and
(ii) representative of a broad cross
section of perspectives from the region along
the international border between the United
States and Mexico.
(B) Political affiliation.--Not more than 2 members
of the Commission appointed by each Governor under
paragraph (3)(A) may be members of the same political
party.
(C) Nongovernmental appointees.--An individual
appointed as a voting member to the Commission may not
be an officer or employee of the Federal Government.
(5) Deadline for appointment.--All members of the
Commission shall be appointed not later than 6 months after the
enactment of this Act. If any member of the Commission
described in paragraph (3)(A) is not appointed by such date,
the Commission shall carry out its duties under this section
without the participation of such member.
(6) Term of service.--The term of office for members shall
be for the life of the Commission, or 3 years, whichever is
shorter.
(7) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(8) Meetings.--
(A) Initial meeting.--The Commission shall meet and
begin the operations of the Commission as soon as
practical.
(B) Subsequent meetings.--After its initial
meeting, the Commission shall meet upon the call of the
chairman or a majority of its members.
(C) Outreach.--The Commission shall formulate and
implement an effective outreach strategy to border
communities.
(9) Quorum.--Nine members of the Commission shall
constitute a quorum.
(10) Chair and vice chair.--The voting members of the
Commission shall elect a Chairman and Vice Chairman from among
its members. The term of office shall be for the life of the
Commission or by a vote of a minimum of quorum members of the
Commission.
(11) Structure.--The Review Commission will have a Federal,
regional and local review structure, and will be divided into
two subcommittees--one focused on border technology, equipment
and infrastructure, and a second to focus on border and
immigration enforcement policies and programs.
(b) Duties.--The Commission shall review, examine, and make
recommendations regarding immigration and border enforcement policies,
strategies, and programs, including recommendations regarding--
(1) the compliance of the Department of Homeland Security
and other immigration and border-related agencies with existing
laws and regulations;
(2) the extent to which agency policies and practices
protect the civil rights of migrants and border community
residents, including but not limited to the contexts of
engagement, detention, apprehension, use of force, definition
and use of reasonable suspicion and probable cause, and racial
profiling;
(3) the frequency, adequacy and effectiveness of human and
civil rights training of border enforcement personnel and
others from Federal agencies who have contact with the public
in the border regions;
(4) the complaint process and the extent to which the
process is transparent and accessible to the public,
investigations are opened as necessary and effectively pursued
and complaints are resolved in a timely and transparent manner;
(5) the effectiveness and capacity of agency oversight,
accountability, and management including prevention and
disciplinary policies involving use of force, abuse,
malfeasance, corruption and illegal activity;
(6) the effect of operations, technology, and enforcement
infrastructure along such border on the--
(A) environment;
(B) crossborder traffic and commerce;
(C) privacy rights and other civil liberties; and
(D) the quality of life of border communities;
(7) the extent to which State and local law enforcement
engage in the enforcement of Federal immigration law;
(8) the extent of compliance with due process standards and
equal protection of the law for immigrants and other
individuals at and near the border;
(9) whether border policies and agencies are accomplishing
their stated goals; and
(10) any other matters regarding immigration and border
enforcement policies, strategies, and programs the Commission
determines appropriate.
(c) Powers of Commission.--
(1) In general.--
(A) Hearings and evidence.--The Commission or, on
the authority of the Commission, any subcommittee or
member thereof, may, for the purpose of carrying out
this title--
(i) hold such hearings and sit and act at
such times and places, take such testimony,
receive such evidence, administer such oaths;
and
(ii) subject to paragraph (2)(A), require,
by subpoena or otherwise, the attendance and
testimony of such witnesses and the production
of such books, records, correspondence,
memoranda, papers, and documents, as the
Commission or such designated subcommittee or
designated member may determine advisable.
(B) Subpoenas.--
(i) Issuance.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the
chairman and the vice chairman; or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the chairman or
any member designated by a majority of the
Commission, and may be served by any person
designated by the chairman or by a member
designated by a majority of the Commission.
(iii) Enforcement.--In the case of
contumacy or failure to obey a subpoena issued
under subsection (a), the United States
district court for the judicial district in
which the subpoenaed person resides, is served,
or may be found, or where the subpoena is
returnable, may issue an order requiring such
person to appear at any designated place to
testify or to produce documentary or other
evidence. Any failure to obey the order of the
court may be punished by the court as a
contempt of that court.
(2) Recommendations.--
(A) The Commission has the ability to make
recommendations to the Secretary of Homeland Security
on the disposition of cases and discipline of personnel
under the Immigration and Naturalization Act.
(B) Within 180 days of receipt of a Commission
report, the Secretary of Homeland Security shall issue
a response, which shall describe how the Department of
Homeland Security, the Department of Justice, and the
Department of Defense have addressed the
recommendation.
(3) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties
under this title.
(4) Information from federal agencies.--
(A) In general.--The Commission is authorized to
secure directly from any executive department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality of the Government,
information, suggestions, estimates, and statistics for
the purposes of this title. Each department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the
chairman of any subcommittee created by a majority of
the Commission, or any member designated by a majority
of the Commission.
(B) Receipt, handling, storage, and
dissemination.--Information shall only be received,
handled, stored, and disseminated by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(5) Assistance from federal agencies.--
(A) General services administration.--The
Administrator of General Services shall provide to the
Commission on a reimbursable basis administrative
support and other services for the performance of the
Commission's functions.
(B) Other departments and agencies.--In addition to
the assistance prescribed in paragraph (1), departments
and agencies of the United States may provide to the
Commission such services, funds, facilities, staff, and
other support services as they may determine advisable
and as may be authorized by law.
(6) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(d) Compensation.--
(1) In general.--Members of the Commission shall serve
without pay.
(2) Reimbursement of expenses.--All members of the
Commission shall be reimbursed for reasonable travel expenses
and subsistence, and other reasonable and necessary expenses
incurred by them in the performance of their duties.
(e) Training.--The Commission shall establish a process and
criteria by which Commission members receive orientation and training
on human, constitutional and civil rights.
(f) Report.--Not later than 2 years after the date of the first
meeting called pursuant to (a)(8)(A), the Commission shall submit a
report to the President and Congress that contains--
(1) findings with respect to the duties of the Commission;
(2) recommendations regarding border and immigration
enforcement policies, strategies, and programs;
(3) suggestions for the implementation of the Commission's
recommendations; and
(4) a recommendation as to whether the Commission should
continue to exist after the date of termination described in
subsection (g), and if so, a description of the purposes and
duties recommended to be carried out by the Commission after
such date.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
(h) Sunset.--Unless the Commission is reauthorized by Congress, the
Commission shall terminate on the date that is 60 days after the date
the Commission submits the report described in subsection (f).
SEC. 131. PROHIBITION ON MILITARY INVOLVEMENT IN NONEMERGENCY BORDER
ENFORCEMENT.
(a) In General.--The Armed Forces of the United States, including
the National Guard, are prohibited from assisting in Federal, State and
local and civilian law enforcement of immigration laws.
(b) Exception.--The Armed Forces of the United States, including
the National Guard may assist in Federal, State and local and civilian
law enforcement of immigration laws when the President of the United
States has declared a national emergency or when required for specific
counter-terrorism duties. In the case that, Armed Forces of the United
States, including the National Guard are required to perform such
duties, those duties in support of Federal, State and local and
civilian law enforcement of immigration laws shall be limited to--
(1) rear echelon support duties, including logistical
support, construction, and intelligence collection from
positions at least 25 miles from the border;
(2) nonarmed operations within 25 miles of the border,
including listening posts and observation post operations; and
(3) armed operations outside 25 miles of the border,
including listening posts and observation post operations.
(c) Report.--The Secretary shall submit on an annual basis a report
to Congress that details the involvement of the Armed Forces in border
security and the enforcement of Federal immigration laws.
SEC. 132. DEFINITIONS.
For purposes of sections 124 through 128:
(a) Indian Tribe.--The term ``Indian tribe'' has the meaning given
such term in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
(b) Secretary Concerned.--The term ``Secretary concerned'' means
the Secretary of Agriculture with respect to land under the
jurisdiction of the Secretary of Agriculture, the Secretary of the
Interior with respect to land under the jurisdiction of the Secretary
of the Interior, the Secretary of Defense with respect to land under
the jurisdiction of the Secretary of Defense or the secretary of a
military department, or the Secretary of Commerce with respect to land
under the jurisdiction of the Secretary of Commerce.
SEC. 133. BORDER PROTECTION STRATEGY.
(a) In General.--Not later than September 30, 2014, the Secretary,
the Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Defense, and the Secretary of Commerce, in consultation
with tribal, State, and local officials, shall jointly develop and
submit to Congress a border protection strategy for the international
land borders of the United States.
(b) Elements of the Strategy.--The strategy developed in accordance
with subsection (a) shall include the following components:
(1) A comparative analysis of the levels of operational
control, based on auditable and verifiable data, achievable
through alternative tactical infrastructure and other security
measures. Measures assessed shall include, at a minimum--
(A) pedestrian fencing;
(B) vehicle barriers, especially in the vicinity of
existing or planned roads;
(C) additional Border Patrol agents;
(D) efficacy of natural barriers and open space in
response to unauthorized or unlawful border crossing;
(E) fielding of advanced remote sensing and
information integration technology, including the use
of unmanned aerial vehicles and other advanced
technologies and systems, including systems developed
and employed, or under development, for tactical
surveillance, multisource information integration, and
response analysis in difficult terrain and under
adverse environmental conditions;
(F) regional as well as urban and rural variation
in border security methodologies, and incorporation of
natural barriers;
(G) enhanced cooperation with, and assistance to,
intelligence, security, and law enforcement agencies in
Mexico and Canada in detecting, reporting, analyzing,
and successfully responding to unauthorized or unlawful
border crossings from or into Mexico or Canada; and
(H) removal of obstructive non-native vegetation.
(2) A comprehensive analysis of cost and other impacts of
security measures assessed in paragraph (1), including an
assessment of--
(A) land acquisition costs, including related
litigation and other costs;
(B) construction costs, including both labor and
material costs;
(C) maintenance costs over 25 years;
(D) contractor costs;
(E) management and overhead costs;
(F) the impacts on wildlife, wildlife habitat,
natural communities, and functioning cross-border
wildlife migration corridors and hydrology (including
water quantity, quality, and natural hydrologic flows)
on Federal, tribal, State, local, and private lands
along the border; and
(G) costs of fully mitigating the adverse impacts
to Federal, tribal, State, local, and private lands,
waters (including water quality, quantity, and
hydrological flows), wildlife, and wildlife habitats,
including, where such action is possible, the full
costs of the replacement or restoration of severed
wildlife migration corridors with protected corridors
of equivalent biological functionality, as determined
by each Secretary concerned, in consultation with
appropriate authorities of tribal, State, and local
governments and appropriate authorities of Mexico and
Canada.
(3) A comprehensive compilation of the fiscal investments
in acquiring or managing Federal, tribal, State, local, and
private lands and waters in the vicinity of, or ecologically
related to, the land borders of the United States that have
been acquired or managed in whole or in part for conservation
purposes (including the creation or management of protected
wildlife migration corridors) in--
(A) units of the National Park System;
(B) National Forest System land;
(C) land under the jurisdiction of the Bureau of
Land Management;
(D) land under the jurisdiction of the United
States Fish and Wildlife Service;
(E) other relevant land under the jurisdiction of
the Department of the Interior or the Department of
Agriculture;
(F) land under the jurisdiction of the Department
of Defense or the individual military department;
(G) land under the jurisdiction of the Department
of Commerce;
(H) tribal lands;
(I) State and private lands; and
(J) lands within Mexico and Canada.
(4) Recommendations for strategic border security
management based on comparative security as detailed in
paragraph (1), the cost-benefit analysis as detailed in
paragraph (2), as well as protection of investments in public
lands specified in paragraph (3).
(c) Training.--
(1) Required training.--The Secretary, in cooperation with
the Secretary concerned, shall provide--
(A) natural resource protection training for
Customs and Border Protection agents or other Federal
personnel assigned to plan or oversee the construction
or operation of border security tactical infrastructure
or to patrol land along or in the vicinity of a land
border of the United States; and
(B) cultural resource training for Customs and
Border Protection agents and other Federal personnel
assigned to plan or oversee the construction or
operation of border security tactical infrastructure or
to patrol tribal lands.
(2) Additional considerations.--In developing and providing
training under subparagraph (A) of paragraph (1), the Secretary
shall coordinate with the Secretary concerned and the relevant
tribal government to ensure that such training is appropriate
to the mission of the relevant agency and is focused on
achieving border security objectives while avoiding or
minimizing the adverse impact on natural and cultural resources
resulting from border security tactical infrastructure,
operations, or other activities.
SEC. 134. ACTIONS TO FURTHER SECURE OPERATIONAL CONTROL OF THE
INTERNATIONAL LAND BORDERS OF THE UNITED STATES.
(a) In General.--Section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103
note) is amended to read as follows:
``SEC. 102. IMPROVEMENT OF OPERATIONAL CONTROL OF BORDER.
``(a) In General.--The Secretary of Homeland Security shall take
such actions as may be required to gain operational control of the
international land borders of the United States. Such actions may be
taken only in accordance with the border protection strategy developed
under section 124(a).
``(b) Priority of Methods.--In carrying out the requirements of
subsection (a), the Secretary of Homeland Security shall, where
practicable, give first priority to the use of remote cameras, sensors,
removal of nonnative vegetation, incorporation of natural barriers,
additional manpower, unmanned aerial vehicles, or other low impact
border enforcement techniques.
``(c) Consultation.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security shall consult with the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
Defense, Secretary of Commerce, States, local governments,
tribal governments, and private property owners in the United
States to minimize the impact on the environment, culture,
commerce, safety, and quality of life for the communities and
residents located near the sites at which actions under
subsection (a) are proposed to be taken.
``(2) Rule of construction.--Nothing in this subsection may
be construed to--
``(A) create or negate any right of action for a
State, local government, tribal government, or other
person or entity affected by this subsection;
``(B) affect the eminent domain laws of the United
States or of any State; or
``(C) waive the application of any other applicable
Federal, State, local, or tribal law.
``(3) Limitation on requirements.--Notwithstanding
subsection (a), nothing in this section shall require the
Secretary of Homeland Security to install fencing, physical
barriers, roads, lighting, cameras, or sensors in a particular
location along an international border of the United States if
the Secretary determines that the use or placement of such
resources is not the most effective and appropriate means to
achieve and maintain operational control over the international
border at such location, or if the Secretary determines that
the direct and indirect costs of or the impacts on the
environment, culture, commerce, safety, or quality of life for
the communities and residents along the border likely to result
from the use or placement of such resources outweigh the
benefits of such use or placement.''.
(b) Preconditions.--In fulfilling the requirements of section 102
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, as amended by this section, the Secretary of Homeland Security
shall not commence any construction of fencing, physical barriers,
roads, lighting, cameras, sensors, or other tactical infrastructure
along or in the vicinity of an international land border of the United
States, or award or expend funds pursuant to any contract or other
agreement related thereto, prior to 90 days following the submission to
Congress of the border protection strategy required under section
133(a) of this subtitle.
SEC. 135. BORDERLANDS MONITORING AND MITIGATION.
(a) In General.--The Secretary, in consultation with the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
Defense, the Secretary of Commerce, and the heads of appropriate State
and tribal wildlife agencies and entities, shall develop and implement
a comprehensive monitoring and mitigation plan to address the
ecological and environmental impacts of border security infrastructure,
measures, and activities along the international land borders of the
United States.
(b) Requirements.--The mitigation plan required under subsection
(a) shall include, at a minimum, measures to address and mitigate the
full range of ecological and environmental impacts of border security
infrastructure, measures, and activities, including--
(1) preserving, maintaining, and, if necessary, restoring
wildlife migration corridors, key habitats, and the
ecologically functional connectivity between and among key
habitats sufficient to ensure that species (whether or not
designated as rare, protected, or of concern) remain viable and
are able to adapt to the impacts of climate change;
(2) addressing control of invasive species and implementing
measures necessary to avoid the spread of such species;
(3) maintaining hydrological functionality, including water
quantity and quality;
(4) incorporating adaptive management, including detailed
provisions for long-term monitoring of the mitigation plan's
effectiveness and for necessary adjustments to such plan based
on such monitoring results; and
(5) protection of cultural and historical resources.
(c) Preemption.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary may, subject to paragraph (2), carry out the
mitigation plan required under subsection (a) on any Federal,
State, local, tribal, or private lands in the vicinity of or
ecologically related to an international land border of the
United States regardless of which individual, agency, or entity
has ownership of or principal responsibility for the management
of any such lands.
(2) Conditions.--Activities carried out pursuant to
paragraph (1) in connection with the mitigation plan shall be
carried out in full consultation with, and with the concurrence
of, the owner of, or entity with principal responsibility for,
the management of the lands described in such paragraph.
(d) Administration.--
(1) Authorization.--The Secretary of Homeland Security may
transfer funds of the Department of Homeland Security to other
Federal agencies for--
(A) expenditure under programs (including any
international programs) of such agencies that are
designed to fund conservation related activities
(directly or through grants or similar mechanisms) on
non-Federal lands, including land acquisition programs;
and
(B) mitigation activities on Federal lands managed
by such agencies, if such activities are required to
implement the mitigation plan required under subsection
(a) and if the costs of such activities are higher than
the costs associated with managing such lands in the
absence of such activities.
(2) Exemption from reprogramming requirements.--Funds
transferred pursuant to the authorization under paragraph (1)
shall not be subject to reprogramming requirements.
(3) Acceptance and use of donations.--The Secretary may
accept and use donations for the purpose of developing and
implementing the mitigation plan required under subsection (a),
and may transfer such funds to any other Federal agency for
expenditure under such plan pursuant to paragraph (1).
(e) Authorization of Appropriations.--Notwithstanding any other
provision of law, funds appropriated to the Department of Homeland
Security for border security infrastructure and activities may be used
by the Secretary to develop and implement the mitigation plan required
under subsection (a).
SEC. 136. BORDER COMMUNITIES LIAISON OFFICE.
(a) Establishment.--The Secretary shall establish, in consultation
with the Office of Civil Rights and Civil Liberties, a Border
Communities Liaison Office in every border patrol sector at the
southern and northern borders.
(b) Purpose.--The purpose of the Border Communities Liaison Office
shall be--
(1) to foster and institutionalize consultation with border
communities;
(2) to consult with border communities on agency policies,
directives and laws;
(3) to consult with border communities on agency strategies
and strategy development;
(4) to consult with border communities on agency services
and operational issues;
(5) to receive assessments on agency performance from
border communities; and
(6) to receive complaints regarding agency performance and
agent conduct.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 137. OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES AND OFFICE OF
INSPECTOR GENERAL.
There are authorized to be appropriated such sums as are necessary
for the Department's Office of Inspector General and the Department's
Office of Civil Rights and Civil Liberties to be comparable to those of
other Federal agencies and commensurate with the size and scope of the
DHS operational budget.
SEC. 138. IMPROVING PORTS OF ENTRY FOR BORDER SECURITY AND OTHER
PURPOSES.
(a) In General.--There are authorized to be appropriated to the
Administrator of the General Services Administration such sums as may
be necessary for each of fiscal years 2015 through 2019 to make
improvements to existing ports of entry in the United States to improve
border security and for other purposes.
(b) Priority.--In making improvements described in subsection (a),
the Administrator of the General Services Administration, in
coordination with the Commissioner of Customs and Border Protection,
shall give priority to the ports of entry that the Administrator
determines are in most need of repair to improve border security and
for other purposes in accordance with port of entry infrastructure
assessment studies required in section 603 of title VI, division E, of
the Consolidated Appropriations Act of 2008 (Public Law 101-161).
SEC. 139. PORTS OF ENTRY.
(a) In General.--In order to aid in the enforcement of Federal
customs, immigration, and agriculture laws, and national security goals
the Customs and Border Protection Commissioner may--
(1) design, construct, and modify land ports of entry and
other structures and facilities, including living quarters for
officers, agents, and personnel;
(2) acquire, by purchase, donation, or exchange, land or
any interest in land determined to be necessary to carry out
the Commissioner's duties under this section; and
(3) construct additional ports of entry along the southern
border and the northern border.
(b) Consultation.--
(1) Locations for new ports of entry.--The Secretary of
Homeland Security shall consult with the Secretary of the
Interior, the Secretary of Agriculture, the Secretary of State,
the International Boundary and Water Commission, the
International Joint Commission, and appropriate representatives
of States, local governments, Indian tribes, and property
owners to--
(A) determine locations for new ports of entry; and
(B) minimize adverse impacts from such ports on the
environment, historic and cultural resources, commerce,
and quality of life for the communities and residents
located near such ports.
(2) Acquisition of leasehold interest.--The Secretary of
Homeland Security may acquire a leasehold interest in real
property, and may construct or modify any facility on the
leased property, if the Secretary determines that the
acquisition of such interest, and such construction or
modification, are necessary to facilitate the implementation of
this Act.
(3) Construction of border control facilities.--Subject to
the availability of appropriations, the Secretary may construct
all-weather roads and acquire additional vehicle barriers and
facilities necessary to maintain and enhance operational
control of the international borders of the United States.
SEC. 140. PORTS OF ENTRY INFRASTRUCTURE AND OPERATIONS ASSESSMENT
STUDY.
(a) Requirement To Update.--Not later than January 31 of each year,
the Administrator of General Services shall update the Port of Entry
Infrastructure and Operations Assessment Study prepared by United
States Customs and Border Protection in accordance with the matter
relating to the ports of entry infrastructure assessment that is set
out in the joint explanatory statement in the conference report
accompanying H.R. 2490 of the 106th Congress, 1st session (House of
Representatives Rep. No. 106-319, on page 67) and submit such updated
study to Congress.
(b) Consultation.--In preparing the updated studies required in
subsection (a), the Administrator of General Services shall consult
with the Director of the Office of Management and Budget, the
Secretary, and the Commissioner of U.S. Customs and Border Protection.
(c) Content.--Each updated study required in subsection (a) shall--
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate travel and commerce if
implemented;
(2) identify port operations and practices (to include, but
not be limited to training and staffing levels) that would
enhance border security and facilitate the flow of legitimate
individual travel and commerce if implemented;
(3) establish a process to identify and prioritize needs at
ports for shelter from the elements, Americans with Disability
Act compliance, and related issues;
(4) include the projects identified in the National Land
Border Ports of Entry Security Plan required by section 141;
and
(5) prioritize the projects described in paragraphs (1),
(2), (3), and (4) based on the ability of a project to--
(A) fulfill immediate security requirements;
(B) facilitate trade across the borders of the
United States;
(C) facilitate individual travel; and
(D) reduce individual and commercial wait times for
pedestrians and vehicles.
(d) Project Implementation.--The Commissioner shall implement the
infrastructure, operations, and technology improvement projects
described in subsection (c) in the order of priority assigned to each
project under paragraph (3) of such subsection.
(e) Divergence From Priorities.--The Commissioner may diverge from
the priority order if the Commissioner determines that significantly
changed circumstances, such as immediate security needs or changes in
infrastructure in Mexico or Canada, compellingly alter the need for a
project in the United States.
SEC. 141. NATIONAL LAND BORDER PORTS OF ENTRY SECURITY PLAN.
(a) In General.--Not later than one year after the date of
enactment of this Act, and annually thereafter, the Secretary, after
consultation with representatives of Federal, State, and local law
enforcement agencies and private entities that are involved in
international trade across Northern or Southern ports of entry, shall
submit a National Land Border Ports of Entry Security Plan to Congress.
(b) Vulnerability Assessment.--
(1) In general.--The plan required in subsection (a) shall
include a vulnerability assessment of each port of entry
located on the northern border or the southern border.
(2) Port security coordinators.--The Secretary may
establish 1 or more port security coordinators at each port of
entry located on the northern border or the southern border--
(A) to assist in conducting a vulnerability
assessment at such port; and
(B) to provide other assistance with the
preparation of the plan required in subsection (a).
SEC. 142. PORTS OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.
(a) Demonstration Program.--The Secretary shall carry out a
technology demonstration program to--
(1) test and evaluate new port of entry technologies;
(2) refine port of entry technologies and operational
concepts; and
(3) train personnel under realistic conditions.
(b) Technology and Facilities.--
(1) Technology testing.--Under the technology demonstration
program, the Secretary shall test technologies that enhance
port of entry operations, including operations related to--
(A) inspections;
(B) communications;
(C) port tracking;
(D) identification of persons and cargo;
(E) sensory devices;
(F) personal detection;
(G) decision support; and
(H) the detection and identification of weapons,
including weapons of mass destruction.
(2) Development of facilities.--At a demonstration site
selected pursuant to subsection (c)(2), the Secretary shall
develop facilities to provide appropriate training to law
enforcement personnel who have responsibility for border
security, including--
(A) cross-training among agencies;
(B) advanced law enforcement training; and
(C) equipment orientation.
(c) Demonstration Sites.--
(1) Number.--The Secretary shall carry out the
demonstration program at not less than three sites and not more
than five sites.
(2) Selection criteria.--To ensure that at least 1 of the
facilities selected as a port of entry demonstration site for
the demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration program,
has a traffic volume low enough to easily incorporate new
technologies without interrupting normal processing activity,
and is able to efficiently carry out demonstration and port of
entry operations, at least 1 port of entry selected as a
demonstration site shall--
(A) have been established not more than 15 years
before the date of enactment of this Act;
(B) consist of not less than 65 acres, with the
possibility of expansion to not less than 25 adjacent
acres; and
(C) have serviced an average of not more than
50,000 vehicles per month during the one-year period
ending on the date of enactment of this Act.
(d) Relationship With Other Agencies.--The Secretary shall permit
personnel from an appropriate Federal or State agency to utilize a
demonstration site described in subsection (c) to test technologies
that enhance port of entry operations, including technologies described
in subparagraphs (A) through (H) of subsection (b)(1).
(e) Report.--
(1) Requirement.--Not later than one year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report on the activities carried out
at each demonstration site under the technology demonstration
program established under this section.
(2) Content.--The report submitted under paragraph (1)
shall include an assessment by the Secretary of the feasibility
of incorporating any demonstrated technology for use throughout
United States Customs and Border Protection.
SEC. 143. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH
AMERICAN SECURITY.
(a) Requirement for Reports.--Not later than one year after the
date of enactment of this Act, and annually thereafter, the Secretary
of State, in coordination with the Secretary and the heads of other
appropriate Federal agencies, shall submit to Congress a report on the
status of improvements to information exchange related to the security
of North America.
(b) Contents.--Each report submitted under subsection (a) shall
contain a description of the following:
(1) Security clearances and document integrity.--The status
of the development of common enrollment, security, technical,
and biometric standards for the issuance, authentication,
validation, and repudiation of secure documents, including--
(A) technical and biometric standards based on best
practices and consistent with international standards
for the issuance, authentication, validation, and
repudiation of travel documents, including--
(i) passports;
(ii) visas; and
(iii) permanent resident cards;
(B) working with Canada and Mexico to encourage
foreign governments to enact laws to combat alien
smuggling and trafficking, and laws to forbid the use
and manufacture of fraudulent travel documents; and
(C) applying the necessary pressures and support to
ensure that other countries meet proper travel document
standards and are committed to travel document
verification before the citizens of such countries
travel internationally, including travel by such
citizens to the United States.
(2) Immigration and visa management.--The progress of
efforts to share information regarding high-risk individuals
who may attempt to enter Canada, Mexico, or the United States,
including the progress made--
(A) in implementing the Statement of Mutual
Understanding on Information Sharing, signed by Canada
and the United States in February 2003; and
(B) in identifying trends related to immigration
fraud, including asylum and document fraud, and to
analyze such trends.
(3) Visa policy coordination and immigration security.--The
progress made by Canada, Mexico, and the United States to
enhance the security of North America by cooperating on visa
policy and identifying best practices regarding immigration
security, including the progress made--
(A) in enhancing consultation among officials who
issue visas at the consulates or embassies of Canada,
Mexico, or the United States throughout the world to
share information, trends, and best practices on visa
flows;
(B) in comparing the procedures and policies of
Canada and the United States related to visitor visa
processing, including--
(i) application process;
(ii) interview policy;
(iii) general screening procedures;
(iv) visa validity;
(v) quality control measures; and
(vi) access to appeal or review;
(C) in exploring methods for Canada, Mexico, and
the United States to waive visa requirements for
nationals and citizens of the same foreign countries;
(D) in developing and implementing an immigration
security strategy for North America that works toward
the development of a common security perimeter by
enhancing technical assistance for programs and systems
to support advance automated reporting and risk
targeting of international passengers;
(E) in sharing information on lost and stolen
passports on a real-time basis among immigration or law
enforcement officials of Canada, Mexico, and the United
States; and
(F) in collecting 10 fingerprints from each
individual who applies for a visa.
(4) North american visitor overstay program.--The progress
made by Canada and the United States in implementing parallel
entry-exit tracking systems that, while respecting the privacy
laws of both countries, share information regarding third
country nationals who have overstayed their period of
authorized admission in either Canada or the United States.
(5) Terrorist watch lists.--The status of the capacity of
the United States to combat terrorism through the coordination
of counterterrorism efforts, including any progress made--
(A) in developing and implementing bilateral
agreements between Canada and the United States and
between Mexico and the United States to govern the
sharing of terrorist watch list data and to
comprehensively enumerate the uses of such data by the
governments of each country;
(B) in establishing appropriate linkages among
Canada, Mexico, and the United States Terrorist
Screening Center;
(C) in exploring with foreign governments the
establishment of a multilateral watch list mechanism
that would facilitate direct coordination between the
country that identifies an individual as an individual
included on a watch list, and the country that owns
such list, including procedures that satisfy the
security concerns and are consistent with the privacy
and other laws of each participating country; and
(D) in establishing transparent standards and
processes that enable innocent individuals to remove
their names from a watch list.
(6) Money laundering, currency smuggling, and alien
smuggling.--The progress made in improving information sharing
and law enforcement cooperation in combating organized crime,
including the progress made--
(A) in combating currency smuggling, money
laundering, alien smuggling, and trafficking in
alcohol, firearms, and explosives;
(B) in determining the feasibility of formulating a
firearms trafficking action plan between Mexico and the
United States;
(C) in developing a joint threat assessment on
organized crime between Canada and the United States;
(D) in determining the feasibility of formulating a
joint threat assessment on organized crime between
Mexico and the United States;
(E) in developing mechanisms to exchange
information on findings, seizures, and capture of
individuals transporting undeclared currency; and
(F) in developing and implementing a plan to combat
the transnational threat of illegal drug trafficking.
(7) Law enforcement cooperation.--The progress made in
enhancing law enforcement cooperation among Canada, Mexico, and
the United States through enhanced technical assistance for the
development and maintenance of a national database built upon
identified best practices to identify suspected criminals or
terrorists, including exploring the formation of law
enforcement teams that include personnel from the United States
and Mexico, and appropriate procedures for such teams.
SEC. 144. SOUTHERN BORDER SECURITY TASK FORCE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
establish a Southern Border Security Task Force (in this Act referred
to as the ``Task Force'') to coordinate the efforts of Federal, State,
and local border and law enforcement officials and task forces to
protect United States border cities and communities from violence
associated with drug trafficking, gunrunning, illegal alien smuggling,
violence, and kidnapping along and across the international border
between the United States and Mexico.
(b) Composition and Deployment.--
(1) Composition.--The Task Force shall be comprised of
personnel from--
(A) United States Customs and Border Protection;
(B) United States Immigration and Customs
Enforcement;
(C) the Coast Guard;
(D) other Federal agencies, as appropriate;
(E) southern border State law enforcement agencies;
and
(F) local law enforcement agencies from affected
southern border cities and communities.
(2) Deployment.--The Secretary of Homeland Security shall
deploy the Task Force along the international border between
the United States and Mexico in cities and communities most
affected by violence, as determined by the Secretary.
(c) Director.--The Secretary of Homeland Security shall appoint as
a Director of the Task Force an individual who is experienced and
knowledgeable in law enforcement generally and border security issues
specifically.
(d) Report.--Not later than 180 days after the date of the
establishment of the Task Force under subsection (a) and annually
thereafter, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report on the effectiveness of the Task Force in reducing the drug
trafficking, gunrunning, illegal alien smuggling, violence, and
kidnapping along and across the international border between the United
States and Mexico as measured by crime statistics, including violent
deaths, incidents of violence, and drug related arrests.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Homeland Security $10,000,000 for each
of fiscal years 2014 through 2018--
(1) to establish and operate the Task Force, including to
provide for operational, administrative, and technological
costs to Federal, State, and local law enforcement agencies
participating in the Task Force; and
(2) to investigate, apprehend, and prosecute individuals
engaged in drug trafficking, gunrunning, illegal alien
smuggling, violence, and kidnapping along and across the
international border between the United States and Mexico.
SEC. 145. COOPERATION WITH THE GOVERNMENT OF MEXICO.
(a) Cooperation Regarding Border Security.--The Secretary of State,
in cooperation with the Secretary and representatives of Federal,
State, and local law enforcement agencies that are involved in border
security and immigration enforcement efforts, shall work with the
appropriate officials from the Government of Mexico to improve
coordination between the United States and Mexico regarding--
(1) improved border security along the international border
between the United States and Mexico;
(2) the reduction of human trafficking and smuggling
between the United States and Mexico;
(3) the reduction of drug trafficking and smuggling between
the United States and Mexico;
(4) the reduction of gang membership in the United States
and Mexico;
(5) the reduction of violence against women in the United
States and Mexico; and
(6) the reduction of other violence and criminal activity.
(b) Cooperation Regarding Education on Immigration Laws.--The
Secretary of State, in cooperation with other appropriate Federal
officials, shall work with the appropriate officials from the
Government of Mexico to carry out activities to educate citizens and
nationals of Mexico regarding eligibility for status as a nonimmigrant
under Federal law to ensure that the citizens and nationals are not
exploited while working in the United States.
(c) Cooperation Regarding Circular Migration.--The Secretary of
State, in cooperation with the Secretary of Labor and other appropriate
Federal officials, shall work with the appropriate officials from the
Government of Mexico to improve coordination between the United States
and Mexico to encourage circular migration, including assisting in the
development of economic opportunities and providing job training for
citizens and nationals in Mexico.
(d) Consultation Requirement.--Federal, State, and local
representatives in the United States shall work to cooperate with their
counterparts in Mexico concerning border security structures along the
international border between the United States and Mexico, as
authorized by this title, in order to--
(1) solicit the views of affected communities;
(2) lessen tensions; and
(3) foster greater understanding and stronger cooperation
on this and other important security issues of mutual concern.
(e) Annual Report.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to Congress a report on the actions taken by the United
States and Mexico under this section.
SEC. 146. ENHANCED INTERNATIONAL COOPERATION.
(a) In General.--The Attorney General, in cooperation with the
Secretary of State, shall--
(1) assign agents of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives to the United States mission in
Mexico, to work with Mexican law enforcement agencies in
conducting investigations relating to firearms trafficking and
other criminal enterprises;
(2) provide the equipment and technological resources
necessary to support investigations and to trace firearms
recovered in Mexico; and
(3) support the training of Mexican law enforcement
officers in serial number restoration techniques, canine
explosive detection, and anti-trafficking tactics.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $9,500,000 for each of fiscal years 2015 and 2016 to carry
out this section.
SEC. 147. EXPANSION OF COMMERCE SECURITY PROGRAMS.
(a) Customs-Trade Partnership Against Terrorism.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commissioner, in consultation with
the Secretary, shall develop a plan to expand the programs of
the Customs-Trade Partnership Against Terrorism established
pursuant to section 211 of the SAFE Port Act (6 U.S.C. 961),
including adding additional personnel for such programs, along
the northern border and southern border, including the
following programs:
(A) The Business Anti-Smuggling Coalition.
(B) The Carrier Initiative Program.
(C) The Americas Counter Smuggling Initiative.
(D) The Container Security Initiative established
pursuant to section 205 of the SAFE Port Act (6 U.S.C.
945).
(E) The Free and Secure Trade Initiative.
(F) Other industry partnership programs
administered by the Commissioner.
(2) Southern border demonstration program.--Not later than
180 days after the date of enactment of this Act, the
Commissioner shall implement, on a demonstration basis, at
least 1 Customs-Trade Partnership Against Terrorism program,
which has been successfully implemented along the northern
border, along the southern border.
(b) Demonstration Program.--Not later than 180 days after the date
of enactment of this Act, the Commissioner shall establish a
demonstration program to develop a cooperative trade security system to
improve supply chain security.
SEC. 148. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to any funds otherwise available,
there are authorized to be appropriated such sums as may be necessary
for the fiscal years 2015 through 2019 to carry out this subtitle.
(b) International Agreements.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) may be used for the
implementation of projects described in the Declaration on Embracing
Technology and Cooperation to Promote the Secure and Efficient Flow of
People and Commerce across our Shared Border between the United States
and Mexico, agreed to March 22, 2002, Monterrey, Mexico or the Smart
Border Declaration between the United States and Canada, agreed to
December 12, 2001, Ottawa, Canada that are consistent with the
provisions of this subtitle.
Subtitle B--Detention
SEC. 151. DEFINITIONS.
In this subtitle:
(1) Detention.--The term ``detention'', in the context of
an immigration-related enforcement activity, means government
custody or any other deprivation of an individual's freedom of
movement by government agents.
(2) Detention facility.--The term ``detention facility''
means any Federal, State, local government facility, or
privately owned and operated facility that is used to hold
immigration detainees for more than 72 hours.
(3) Short-term detention facility.--The term ``short-term
detention facility'' means any Federal, State, local government
facility, or privately owned and operated facility that is used
to hold immigration detainees for 72 hours or less.
(4) Immigration-related enforcement activity.--The term
``immigration-related enforcement activity'' means any
government action in which--
(A) an individual suspected of an immigration
violation is detained for such violation; or
(B) an individual who has been detained by
government agents is questioned about possible
immigration violations.
(5) Secure alternatives programs.--The term ``secure
alternatives'' means custodial or non-custodial programs under
which aliens are screened and provided with appearance
assistance services or placed in supervision programs as needed
to ensure they appear at all immigration interviews,
appointments and hearings.
(6) Unaccompanied alien children.--The term ``unaccompanied
alien child or children'' shall be defined as found in section
462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).
(7) Apprehension.--The term ``apprehension'', in the
context of an immigration enforcement related activity, means
government detention, arrest, or custody, or any significant
deprivation of an individuals freedom of action by government
officials or entities acting under agreement with the
Department of Homeland Security for suspicion of violations
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(8) SSA.--The term ``SSA'' means the appropriate State or
local service agency, including relevant nongovernmental
organizations, child welfare agencies, child protective service
agencies, school and head start administrators, mental health
and legal service providers, and hospitals.
SEC. 152. DETENTION CONDITIONS.
(a) In General.--The Secretary shall--
(1) ensure that all detainees are treated humanely and
granted the protections described in this section; and
(2) comply with the minimum requirements set forth in this
section.
(b) Quality of Medical Care.--
(1) Right to medical care.--Each detainee has the right
to--
(A) prompt and adequate medical care, designed to
ensure continuity of care, at no cost to the detainee;
(B) care to address medical needs that existed
prior to detention; and
(C) primary care, emergency care, chronic care,
prenatal care, dental care, eye care, mental health
care, and other medically necessary specialized care.
(2) Screenings and examinations.--Each detainee shall
receive--
(A) a comprehensive medical, dental, and mental
health intake screening, including screening for sexual
abuse or assault by a licensed health care professional
upon arrival at a detention facility or short-term
detention facility; and
(B) a comprehensive medical and mental health
examination by a licensed health care professional not
later than 14 days after the detainee's arrival at a
detention facility.
(3) Medications and treatment.--
(A) Prescriptions.--Each detainee taking prescribed
medications prior to detention shall be allowed to
continue taking such medications, on schedule and
without interruption, until and unless a licensed
health care professional examines the immigration
detainee and decides upon an alternative course of
treatment. Detainees who arrive at a detention facility
without prescription medications and report being on
such medications shall be evaluated by a qualified
health care professional not later than 24 hours after
arrival. All decisions to discontinue or modify a
detainee's reported prescription medication regimen
shall be conveyed to the detainee in a language that
the detainee understands and shall be recorded in
writing in the detainee's medical records.
(B) Psychotropic medication.--Medication may not be
forcibly administered to a detainee to facilitate
transport, removal, or otherwise to control the
detainee's behavior. Involuntary psychotropic
medication may only be used, to the extent authorized
by applicable law, in emergency situations after a
physician has personally examined the detainee and
determined that--
(i) the detainee is imminently dangerous to
self or others due to a mental illness; and
(ii) involuntary psychotropic medication is
medically appropriate to treat the mental
illness and necessary to prevent harm.
(C) Treatment.--Each detainee shall be provided
medically necessary treatment, including prenatal care,
prenatal vitamins, hormonal therapies, and birth
control. Female detainees shall be provided with
adequate access to sanitary products.
(4) Medical care decisions.--Any decision regarding
requested medical care for a detainee--
(A) shall be made in writing by an on-site licensed
health care professional not later than 72 hours after
such medical care is requested; and
(B) shall be immediately communicated to the
detainee.
(5) Administrative appeals process.--
(A) In general.--Detention facilities, in
conjunction with the Department of Homeland Security,
shall ensure that detainees, medical providers, and
legally appointed advocates have the opportunity to
appeal a denial of requested health care services by an
on-site provider to an independent appeals board.
(B) Appeals board.--The appeals board shall include
health care professionals in the fields relevant to the
request for medical or mental health care.
(C) Decision.--Not later than 7 days after an
appeal is received by the appeals board under this
paragraph, or earlier if medically necessary, the
appeals board shall issue a written decision regarding
the appeal and notify the detention facility and the
appellee of such decision.
(6) Review of on-site medical provider requests.--
(A) In general.--The Secretary shall respond within
72 hours to any request by an on-site medical provider
for authorization to provide medical or mental health
care to a detainee.
(B) Written explanation.--If the Secretary denies
or fails to grant a request described in subparagraph
(A), the Secretary shall immediately provide a written
explanation of the reasons for such decision to the on-
site medical provider and the detainee.
(C) Appeals board.--The on-site medical provider
and the detainee (or the detainee's legally appointed
advocate) shall be permitted to appeal the denial of,
or failure to grant, a request described in
subparagraph (A) to an independent appeals board.
(D) Decision.--Not later than 7 days after an
appeal is received by the appeals board under this
paragraph, or earlier if medically necessary, the
appeals board shall issue a written decision regarding
the appeal and notify the on-site medical provider, the
detainee, and the detention facility of such decision.
(7) Conditional release.--
(A) In general.--If a licensed health care
professional determines that a detainee has a medical
or mental health care condition, is pregnant, or is a
nursing mother, the Secretary shall consider releasing
the detainee on parole, on bond, or into a secure
alternatives program.
(B) Reevaluation.--If a detainee described in
subparagraph (A) is not initially released under this
paragraph, the Secretary shall periodically reevaluate
the situation of the detainee to determine if such a
release would be appropriate.
(C) Discharge planning.--Upon removal or release,
all detainees with medical or mental health conditions
and women who are pregnant, post-natal, and nursing
mothers shall receive discharge planning to ensure
continuity of care for a reasonable period of time.
(8) Medical records.--
(A) In general.--The Secretary shall maintain
complete, confidential medical records for every
detainee and make such records available to a detainee
or to individuals authorized by the detainee not later
than 72 hours after receiving a request for such
records.
(B) Transfer of medical records.--Immediately upon
a detainee's transfer between detention facilities, the
detainee's complete medical records, including any
transfer summary, shall be provided to the receiving
detention facility.
(c) Access to Telephones.--Detention facilities shall provide to
detainees reasonable and equitable access to working telephones, and
the ability to contact, through confidential toll-free numbers, legal
representatives, family courts, child protective services, foreign
consulates, the immigration courts, Federal and State courts in which
the detainee is, or may become, involved in a legal proceeding, the
Board of Immigration Appeals, nongovernmental organizations designated
by the Secretary, all government immigration agencies and adjudicatory
bodies including the Office of the Inspector General of the Department
of Homeland Security and the Office for Civil Rights and Civil
Liberties of the Department of Homeland Security, in addition to
persons and offices contacted for the purpose of obtaining legal
representation. Detention facilities shall provide to detainees access
to telephones during facility working hours and on an emergency basis
in accordance with the following:
(1) The detention facility shall provide to each detainee a
copy of its rules governing telephone access and shall post
those rules, together with an explanation of how to make calls,
within sight of each telephone available to detainees. These
rules shall be translated into Spanish and two additional
languages spoken by a substantial part of the detainee
population of the detention facility. If a detention facility
has determined that more than 5 percent of its population is of
a certain language group, the document should be translated
into that language group's appropriate language. The detention
facility shall also provide oral interpretation and written
translation assistance to detainees in reading any relevant
materials required to request telephone access, including oral
interpretation assistance for those who are not literate in
English, Spanish, and other languages spoken by the detainee
population of the facility.
(2) The rates charged for telephone calls shall be
reasonable and equitable and shall not significantly impair
detainees' access to telephones.
(3) The detention facility shall not restrict the number of
calls detainees may place to their legal representatives or
consular officials, or to any others for the purpose of
obtaining legal representation, or limit the duration of those
calls by rule or automatic cut-off, unless necessary for
security reasons. The detention facility shall have a
reasonable number of working phones available to detainees, and
at a minimum one phone per each 25 users.
(4) The detention facility shall ensure the privacy of
telephone conversations between detainees and legal
representatives or consular officials, and calls made for the
purpose of obtaining legal representation. Means to ensure
privacy may include the use of privacy panels, the placement of
phones in housing pods, and other appropriate measures.
(5) Detainees' telephone calls to a court, legal
representative, or consular official, or for the purpose of
obtaining legal representation, shall not be monitored or
recorded without a court order and without prior notification
to the detainee.
(6) The detention facility shall take and deliver telephone
messages to detainees as promptly as possible, but no less
often than twice a day. Detainees shall be permitted to make
confidential telephone calls promptly within 8 hours of receipt
of messages left by a court, legal representative, prospective
legal representative, or consular official as soon as
reasonably possible after the delivery of the message.
(d) Sexual Abuse Regulations Concerning Care and Custody of
Detainees.--
(1) In general.--Detention facilities shall take all
necessary measures to prevent sexual abuse of detainees,
including sexual assaults, and shall observe the minimum
standards under the Prison Rape Elimination Act of 2003 (42
U.S.C. 15601 et seq.).
(2) Measures where abuse occurs.--Where sexual abuse
occurs, detention facilities shall ensure that--
(A) prompt and appropriate medical intervention is
taken to minimize medical and psychological trauma;
(B) a medical history is taken and a physical
examination is conducted by qualified and culturally
appropriate licensed medical professionals to determine
the extent of physical injury and whether referral to
another medical facility is indicated;
(C) prophylactic treatment and follow-up for
sexually transmitted diseases are provided within the
appropriate timeframe;
(D) the case is evaluated by a qualified and
culturally appropriate mental health professional for
crisis intervention counseling and long-term follow-up;
(E) victims are separated from their abusers and
are considered for release on parole or for an
alternative to detention program--
(i) shall not result in the transfer of the
victim away from counsel absent exceptional
circumstances; and
(ii) shall never result in the placement of
the victim in solitary confinement; and
(F) any and all medical and mental health records
arising out of a detainee's allegation of sexual abuse
shall be treated as confidential, as required by the
Health Insurance Portability and Accountability Act of
1996.
(3) Reporting.--A detention facility shall not subject any
person to punishment or any other form of retaliation for
reporting incidents of sexual abuse.
(4) Investigation.--In all cases of alleged sexual abuse,
the detention facility shall conduct a thorough and timely
investigation and shall provide to the Secretary of Homeland
Security a report of the circumstances and the response of the
detention facility. If the report is not completed within 30
days after alleged sexual abuse comes to the attention of the
detention facility, the detention facility shall submit to the
Secretary of Homeland Security a description of the status of
the investigation and an estimated date of completion 30 days
after the alleged sexual abuse comes to the attention of the
detention facility and every 30 days thereafter until the
report is provided to the Secretary of Homeland Security. The
report required by this subsection shall include at minimum a
determination of whether the alleged sexual abuse occurred, an
in-depth analysis of the relevant facts including the causes of
any sexual abuse that may have occurred and whether and to what
extent the alleged abuse indicates a failure of policy, a
failure of training, a failure of oversight, or a failure of
management, and a description of the actions that the facility
will take to prevent the occurrence of similar incidents in the
future and a plan for monitoring the implementation of those
actions. The detention facility shall provide to the Secretary
of Homeland Security periodic reports monitoring the
implementation of the plan in accordance with the schedule set
forth in such plan as approved by the Secretary of Homeland
Security.
(e) Transfer of Detainees.--
(1) Procedures.--In adopting procedures governing the
transfer of individuals detained under the Immigration and
Nationality Act (8 U.S.C. 1226), the Secretary of Homeland
Security shall prohibit transfer of a detainee if such transfer
would--
(A) negatively affect an existing attorney-client
relationship;
(B) negatively affect the detainee's legal
proceedings, including merits or calendar hearings, or
a pending application with United States Citizenship
and Immigration Services or the Executive Office for
Immigration Review, by--
(i) limiting the detainee's access to
securing legal representation;
(ii) limiting the detainee's ability to
prepare a legal defense to removal; or
(iii) removing the detainee from the legal
venue of such proceeding;
(C) negatively affect the detainee's health and
medical fitness; or
(D) to the extent it does not conflict with clauses
(i), (ii), and (iii)--
(i) place the detainee in a location more
distant from the detainee's residence than the
original detention location; or
(ii) place the detainee in a location more
distant from family members than the original
detention location.
(2) Notice.--Unless exigent circumstances dictate an
immediate transfer--
(A) the Secretary of Homeland Security shall
provide not less than 72 hours notice to any detainee
prior to transferring the detainee to another detention
facility;
(B) detainees shall be afforded at least one toll-
free call and the Secretary of Homeland Security shall
notify the detainee's legal representative or if
unrepresented, an adult family member or other person
designated by the detainee, of the transfer and the
detainee's new location by telephone and in writing;
(C) if removal proceedings are pending, the
Secretary of Homeland Security shall also promptly
notify the Immigration Court, Board of Immigration
Appeals, or the Circuit Court of Appeals, as
appropriate of the transfer and the detainee's new
address; and
(D) the Secretary of Homeland Security shall not
transfer any detainee who has already requested, and is
awaiting, a bond hearing or a bond redetermination
hearing.
(3) Exception.--The Secretary may transfer a detainee who
has an existing attorney-client relationship to an alternate
detention facility if such transfer is necessitated by a highly
unusual emergency, such as a natural disaster or comparable
emergency.
(4) Protecting detainees legal rights.--If the Secretary
determines that a transfer is necessary due to a highly unusual
emergency, the Secretary shall ensure that the detainee's legal
rights are not prejudiced and the existing attorney-client
relationship is not impaired, including evaluating the location
of the detention facility based on it proximity to the
detainee's counsel or nongovernmental or pro bono organizations
providing free or low cost immigration legal services.
(5) Record.--In cases in which a detainee is transferred,
the Secretary shall make a record of the reasons and
circumstances necessitating such transfer.
SEC. 153. SPECIFIC DETENTION REQUIREMENTS FOR SHORT-TERM DETENTION
FACILITIES.
(a) Access to Basic Needs, People, and Property.--
(1) Basic needs.--All detainees in short-term detention
facilities shall receive--
(A) potable water;
(B) food, if detained for more than 5 hours;
(C) basic toiletries, diapers, sanitary products,
and blankets;
(D) access to bathroom facilities; and
(E) access to telephones.
(2) People.--The Secretary shall provide consular officials
with access to detainees held at any short-term detention
facility. Detainees shall be afforded reasonable access to a
licensed health care professional. The Secretary shall ensure
that nursing mothers in such facilities have access to their
children.
(3) Property.--Any property belonging to a detainee that
was confiscated by an official of the Department of Homeland
Security shall be returned to the detainee upon repatriation or
transfer.
(b) Protections for Children.--
(1) Qualified staff.--The Secretary shall ensure that
adequately trained and qualified staff are stationed at each
major port of entry at which, during the most recent 2 fiscal
years, an average of not fewer than 50 unaccompanied alien
children per year have been held by United States Customs and
Border Protection, such staff shall include--
(A) independent licensed social workers dedicated
to ensuring the proper temporary care for the children
while in the custody of United States Customs and
Border Protection; and
(B) agents charged primarily with the safe, swift,
and humane transportation of such children to the
custody of the Office of Refugee Resettlement.
(2) Specific rights.--The social workers described in
paragraph (1)(A) shall ensure that each unaccompanied alien
child--
(A) receives emergency medical care;
(B) receives mental health care in case of trauma;
(C) has access to psychosocial health services;
(D) is provided with--
(i) a pillow, linens, and sufficient
blankets to rest at a comfortable temperature;
and
(ii) a bed and mattress placed in an area
specifically designated for residential use;
(E) receives adequate nutrition;
(F) enjoys a safe and sanitary living environment;
(G) receives educational materials; and
(H) has access to at least 3 hours of indoor and
outdoor recreational programs and activities per day.
(c) Confidentiality.--
(1) In general.--The Secretary of Health and Human Services
shall maintain the privacy and confidentiality of all
information gathered in the course of providing care, custody,
placement, and follow-up services to unaccompanied alien
children and separated children as defined in section 164(c),
consistent with the best interest of such children, by not
disclosing such information to other government agencies or
nonparental third parties, except as provided under paragraph
(2).
(2) Limited disclosure of information.--The Secretary may
only disclose information regarding an unaccompanied alien
child if--
(A) the child authorizes such disclosure and such
is consistent with the child's best interest; or
(B) the disclosure is to a duly recognized law
enforcement entity and is necessary to prevent imminent
and serious harm to another individual.
(3) Written record.--All disclosures under paragraph (2)
shall be duly recorded in writing and placed in the child's
file.
SEC. 154. RULEMAKING AND ENFORCEMENT.
(a) Regulations.--
(1) Notice of proposed rulemaking.--Not later than 60 days
after the date of the enactment of this Act, the Secretary
shall issue a notice of proposed rulemaking regarding the
implementation of this Act.
(2) Final regulations.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
promulgate regulations, which shall be binding upon all
detention facilities and short-term detention facilities, to
ensure that the detention requirements under sections 142 and
143 are fully implemented and enforced and that all facilities
comply with the regulations.
(b) Enforcement.--
(1) In general.--The Secretary shall enforce all
regulations and standards promulgated under subsection (a). Not
later than 180 days after the date of the enactment of this
Act, the Secretary shall issue guidance to detention facilities
and short-term detention facilities to ensure compliance with
all the detention requirements under sections 142 and 143.
(2) Investigation.--
(A) Grievances.--Each detainee has the right to
file grievances with the staff of detention facilities,
short-term detention facilities, and the Department of
Homeland Security, and shall be protected from
retaliation for exercising such right.
(B) Review.--The Secretary shall--
(i) review any grievance or other complaint
containing evidence that a detention facility
or short-term detention facility has violated
any requirement under this Act;
(ii) issue a determination in writing to
the complainant indicating the Secretary's
findings regarding the alleged violation not
later than 30 days after receiving such
complaint;
(iii) remedy any violation not later than
30 days after issuing a determination under
clause (ii); and
(iv) promptly advise the complainant of the
remedy referred to in clause (iii).
(C) Written response.--If the Secretary issues a
written response under subparagraph (B)(ii) indicating
that no violation has occurred, such response shall
constitute final agency action for the purposes of
section 702 of title 5, United States Code.
(3) Penalties.--The Secretary shall enforce compliance with
the detention requirements under sections 142 and 143 by--
(A) imposing financial penalties upon detention
facilities and short-term detention facilities that are
not in compliance with such requirements; and
(B) terminating the contracts of such facilities if
such noncompliance persists.
(4) Compliance officer.--
(A) Designation.--Each detention facility and
short-term detention facility shall designate an
officer to ensure compliance with the provisions of
this Act.
(B) Duties.--Each officer designated under
subparagraph (A) shall--
(i) investigate all evidence pertaining to
a violation of this Act; and
(ii) if a violation is identified, remedy
the violation within 30 days.
(C) Judicial review.--A detainee may not seek
judicial review of the detention facility's
determination until after the passage of the 30-day
period, except where irreparable harm would result.
(c) Rule of Construction.--Nothing in this section may be construed
to preclude review of noncompliance with this Act under--
(1) section 1331 or 2241 of title 28, United States Code;
or
(2) section 1979 of the Revised Statutes (42 U.S.C. 1983).
(d) Punitive Damages.--No individual may seek punitive damages for
any violation under this Act.
SEC. 155. IMMIGRATION DETENTION COMMISSION.
(a) Appointment.--The Secretary shall appoint and convene an
Immigration Detention Commission (referred to in this section as the
``Commission''), which shall be comprised of--
(1) experts from United States Immigration and Customs
Enforcement, United States Customs and Border Protection, the
Office of Refugee Resettlement, and the Division of Immigration
Health Services of the Department of Health and Human Services;
and
(2) independent experts, in a number equal to the number of
experts appointed under paragraph (1), from nongovernmental
organizations and intergovernmental organizations with
expertise in working on behalf of detainees and other
vulnerable populations.
(b) Duties.--The Commission shall conduct independent
investigations, and evaluate and report on the compliance of detention
facilities, short-term detention facilities, and the Department of
Homeland Security with the detention requirements under sections 142
and 143.
(c) Biennial Reports.--Not later than 60 days after the end of the
first fiscal year beginning after the date of the enactment of this
Act, and every 2 years thereafter, the Commission shall submit a report
containing the findings of its investigations and evaluations under
subsection (b) to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on the Judiciary of the House of
Representatives; and
(4) the Committee on Homeland Security of the House of
Representatives.
SEC. 156. DEATH IN CUSTODY REPORTING REQUIREMENT.
(a) In General.--If an individual dies while in the custody of the
Department of Homeland Security or en route to or from such custody--
(1) the supervising official at the detention facility or
short-term detention facility at which the death took place
shall immediately notify the Secretary of such death; and
(2) not later than 48 hours after receiving a notification
under paragraph (1), the Secretary shall report the death to--
(A) the Office of the Inspector General of the
Department of Homeland Security; and
(B) the Department of Justice.
(b) Morbidity and Mortality Review.--The Department of Homeland
Security shall complete an investigation of each detainee death that
shall be conducted consistent with established medical practice for
morbidity and mortality reviews and examine both individual and
systemic contributors to the death. The investigation shall be
conducted by a panel of physicians with experience in morbidity and
mortality reviews and shall include the medical staff of the facility
or facilities that cared for the deceased detainee, physicians from
within the Department, and independent physicians not affiliated with
the Department or facility. The panel shall complete a report and
corrective action plan in each case.
(c) Report to Congress.--Not later than 60 days after the end of
each fiscal year, the Secretary shall submit a report containing
detailed information regarding all the deaths of individuals in the
custody of the Department of Homeland Security during the preceding
fiscal year to the committees set forth in section 155(c).
(d) Contents.--The reports submitted under subsection (a)(2) and
subsection (c) shall include--
(1) the name, gender, race, ethnicity, and age of the
deceased;
(2) the date, time, and location of death;
(3) the law enforcement agency that detained, arrested, or
was in the process of arresting the deceased;
(4) a description of the circumstances surrounding the
death;
(5) the status and results of any investigation that has
been conducted into the circumstances surrounding the death;
and
(6) all medical records of the deceased.
SEC. 157. PROTECTION OF COMMUNITY-BASED ORGANIZATIONS, FAITH-BASED
ORGANIZATIONS AND OTHER INSTITUTIONS.
(a) In General.--The Secretary shall issue regulations requiring
officials of the Department of Homeland Security to--
(1) prohibit the apprehension of persons on the premises or
in the immediate vicinity of--
(A) a childcare provider;
(B) a school;
(C) a legal-service provider;
(D) a Federal court or State court proceeding;
(E) an administrative proceeding;
(F) a funeral home;
(G) a cemetery;
(H) a college, university, or community college;
(I) a victim services agency;
(J) a social service agency;
(K) a hospital or emergency care center;
(L) a health care clinic;
(M) a place of worship;
(N) a day care center;
(O) a head start center;
(P) a school bus stop;
(Q) a recreation center;
(R) a mental health facility; and
(S) a community center; and
(2) tightly control investigative operations at the
locations described in paragraph (1).
(b) Notice To Appear.--The Secretary shall amend the Notice to
Appear form to include a statement that no immigration enforcement
activity was undertaken in any of the locations described in subsection
(a)(1).
SEC. 158. APPREHENSION PROCEDURES FOR IMMIGRATION-RELATED ENFORCEMENT
ACTIVITIES.
(a) In General.--Any immigration-related enforcement activity
engaged in by the Department of Homeland Security or by other entities
under agreement with the Department of Homeland Security for alleged
violations under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), which results in the apprehension of at least 1 alien shall be
carried out in accordance with the procedures described in this
section.
(b) Apprehension Procedures.--The Department of Homeland Security
and entities under agreement with the Department of Homeland Security
shall--
(1) conduct an initial review of each individual
apprehended in an immigration-related enforcement activity to
ascertain whether such individual may be a United States
citizen, a lawful permanent resident of the United States, or
an alien lawfully present in the United States;
(2) if an individual claims to be a United States citizen,
a lawful permanent resident of the United States, or an alien
lawfully present in the United States, ensure that personnel of
the Department of Homeland Security or personnel under
agreement with the Department of Homeland Security investigates
the individual's claims and considers the individual for
release under section 160(c);
(3) notify SSAs of such immigration-related enforcement
activity not later than 24 hours before the commencement of
such activity, specifically notifying the SSAs of--
(A) the specific area of the State that will be
affected; and
(B) the languages anticipated may be spoken by
individuals at the targeted site;
(4) if such immigration-related enforcement activities
cannot be planned more than 24 hours in advance, notify SSAs in
a timely fashion before the activity commences or, if this is
not possible, immediately following the commencement of such
activity;
(5) provide SSAs with ongoing confidential access to
individuals apprehended by the Department of Homeland Security
or any entity operating under agreement with the Department of
Homeland Security within six hours of the individual's
apprehension, to assist the Department of Homeland Security in
determining if he or she is a member of a vulnerable population
as described in section 160(a)(2);
(6) notify local law enforcement of the specific area of
the State that will be affected by such immigration-related
enforcement activity not later than 24 hours before the
commencement of such activity or, if such immigration-related
enforcement activity cannot be planned more than 24 hours in
advance, notify local law enforcement in a timely fashion
before the activity commences, or if this is not possible,
immediately following the commencement of such activity;
(7) provide all Department of Homeland Security personnel,
personnel from entities under agreement with the Department of
Homeland Security participating, SSAs, and medical personnel
with detailed instructions on what steps to take if they
encounter individuals who are a member of a vulnerable
population;
(8) ensure that not fewer than one independent certified
interpreter who is fluent in Spanish or any language other than
English spoken by more than 5 percent of the target population
of the immigration-related enforcement activity is available
for in-person translation for every 5 individuals targeted by
an immigration-related enforcement activity, and that the
Department of Homeland Security and entities operating under
agreement with the Department of Homeland Security utilize
appropriate translation services where interpreters cannot or
have not been retained prior to commencement of an immigration-
related enforcement activity;
(9) permit nonprofit legal service providers,
organizations, and attorneys to offer free legal services to
individuals subject to an immigration-related enforcement
activity at the time of the apprehension of such individuals;
and
(10) permit access to a telephone within 6 hours after an
individual is detained.
SEC. 159. PROTECTIONS AGAINST UNLAWFUL DETENTIONS OF UNITED STATES
CITIZENS.
(a) Notifications.--
(1) In general.--Prior to questioning an individual who has
been detained on the basis of a suspected immigration violation
or has been detained during an immigration-related enforcement
activity, a Department of Homeland Security or other officer
must first advise the detainee, in the language spoken by the
detainee that--
(A) the detainee has the right to be represented by
counsel at no expense to the Federal Government;
(B) the detainee may remain silent; and
(C) any statement made by the detainee may be used
against the detainee in a subsequent removal or
criminal proceeding.
(2) Effect of violation.--Any evidence obtained by an
officer from a detainee in violation of paragraph (1) may not
be--
(A) admissible in a removal proceeding against the
detainee; or
(B) used to confirm that the detainee is a
noncitizen for purposes of issuing an immigration
detainer.
(b) Legal Orientation Program.--
(1) In general.--The Attorney General, in consultation with
the Secretary, shall ensure that all detained aliens who are
in, or may be subject to, detention by the Department of
Homeland Security, Immigration and Customs Enforcement, and who
are, or may be, in EOIR Immigration Court proceedings pursuant
to sections 235, 238, 240, and 241 of the Immigration and
Nationality Act receive legal orientation through a program
administered and implemented by the Executive Office of
Immigration Review of the Department of Justice.
(2) Content of the program.--The legal orientation program
developed pursuant to this section shall be based on the Legal
Orientation Program carried out by the Executive Office for
Immigration Review on the date of the enactment of this Act.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
such legal orientation program.
(c) Access to Counsel.--
(1) In general.--An individual who is subject to or
detained during an immigration-related enforcement activity may
be represented by legal counsel at any time.
(2) List of free legal services.--The examining officer
shall, in the language spoken by the individual being
detained--
(A) provide the individual, prior to transferring
the individual from the point of apprehension to the
detention facility for an immigration-related violation
with a list of available free or low-cost legal
services provided by organizations and attorneys that
are located in the region in which the arrest occurred;
and
(B) certify on the Notice to Appear issued to such
individual that such a list was provided to the
individual.
(3) Amendment.--Section 236 of the Immigration and
Nationality Act (8 U.S.C. 1226) is amended--
(A) by redesignating subsection (e) as subsection
(l);
(B) by redesignating subsections (b), (c), (d), and
(e) as subsections (f), (g), and (h), and (i)
respectively; and
(C) by inserting before subsection (l), as
redesignated, the following:
``(k) Right of Access to Counsel.--An individual may be represented
by counsel of the individual's choosing while being subject to any
immigration-related enforcement activity, including--
``(1) interviews;
``(2) processing appointments;
``(3) booking or intake questions;
``(4) hearings; and
``(5) any procedure that may result in a conclusion that
the detainee will be detained or removed from the United
States.''.
(d) Representation of Disabled Aliens; Access to Counsel.--The
Attorney General shall ensure that any alien with a legal, mental or
physical disability that prevents him from meaningfully representing
himself in proceedings shall have counsel, including counsel appointed
by the Attorney General at the expense of the Government.
(e) Notice.--
(1) Amendment.--Section 236 of such Act, as amended by
subsection (b)(3), is further amended by inserting before
subsection (k), the following:
``(j) Notice and Charges.--
``(1) In general.--Not later than 48 hours after the
commencement of a detention of an individual under this
section, the Secretary of Homeland Security shall--
``(A) file a Notice to Appear or other relevant
charging document with the immigration court closest to
the location at which the individual was apprehended;
and
``(B) serve such notice or charging document on the
individual.
``(2) Custody determination.--Any individual who is
detained under this section for more than 48 hours shall be
brought before an immigration judge for a custody determination
not later than 72 hours after the commencement of such
detention unless the individual waives the right in accordance
with paragraph (3).
``(3) Waiver.--The requirements of this subsection may be
waived for not more than 7 days if the detainee--
``(A) enters into a written agreement with the
Department of Homeland Security to waive such
requirements; and
``(B) is prima facie eligible for immigration
benefits or demonstrates prima facie eligibility for a
defense against removal.''.
(2) Applicability of other law.--Nothing in section 236(f)
of the Immigration and Nationality Act, as added by paragraph
(1), may be construed to repeal section 236A of such Act (8
U.S.C. 1226a).
(f) Issuance of Detainers.--
(1) In general.--Section 287(d) is amended by adding at the
end the following: ``The alien and his or her attorney in the
criminal proceeding shall be provided with a written notice of
the detainer indicating the intention of the Secretary to
assume custody of the alien upon completion of the pending
criminal proceedings. The written notice shall include
information about the specific basis for issuing the detainer
and instructions about how individuals can challenge a detainer
lodged in error. Where the State or Federal criminal court has
granted pre-trial release, and the alien has complied with
conditions of such release, DHS shall not take custody of the
alien until resolution of the pending criminal charges. The
existence of a detainer shall not be used as a basis for
denying pre-trial release. This section is the sole authority
for issuance of immigration detainers.''.
(2) Rulemaking.--The Secretary shall issue regulations that
require officials of the Department of Homeland Security to
confirm, before issuing a detainer, the alienage of the
individual to be made subject to such detainer. The regulations
shall require officials of the Department of Homeland Security
to confirm--
(A) the alienage of an individual through lawfully
obtained information, including the name of the
individual; the date of birth of the individual; or the
fingerprints of the individual; and
(B) whether the individual is removable from the
United States.
(3) Data collection.--The Secretary of Homeland Security
shall collect data regarding detainers issued under section
287(d) of the Immigration and Nationality Act (8 U.S.C.
1357(d)) including--
(A) the criminal charge for which the individual
was arrested and/or convicted;
(B) the date the detainer was issued;
(C) the basis for issuance of the detainer;
(D) the date(s) the detainer was lifted;
(E) the date(s) of release of the individual
ordered by a State or Federal criminal court or other
government entity;
(F) the date that DHS took custody of the
individual;
(G) the race and ethnicity and country of origin of
the individual against whom the detainer was issued;
(H) the disposition of criminal case;
(I) the ultimate disposition of immigration case or
whether individual was discovered to be a United States
citizen;
(J) the grounds of removal if applicable and any
charges brought by the Secretary; and
(K) the number of individuals removed after the
Secretary took custody while any criminal matter was
still pending.
(4) Report on detainers.--On a yearly basis beginning one
year after the date of the enactment of this Act, the Secretary
of Homeland Security shall report the results of the
Secretary's data collection to the Department of Homeland
Security Inspector General, the Department of Justice Civil
Rights Division, Congress, and the Department of Homeland
Security Office of Civil Rights and Civil Liberties for
purposes of ascertaining the extent to which detainers are
erroneously lodged against individuals who are United States
citizens or not deportable, how often individuals remain in
detention unlawfully past the expiration of the detainer,
whether detainers are lodged disproportionately against certain
ethnicities, whether the lodging of detainers results in longer
incarceration times, and whether detainers are lodged for an
investigatory purpose to investigate criminal activity instead
of placing individuals in removal proceedings.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section for each of fiscal years 2014 through 2018 to
carry out this section.
SEC. 160. BASIC PROTECTIONS FOR VULNERABLE POPULATIONS.
(a) Vulnerable Populations.--
(1) In general.--Not later than 48 hours after the
commencement of an immigration-related enforcement activity,
the Department of Homeland Security shall screen each detainee
to determine whether the detainee is a member of a vulnerable
population.
(2) Vulnerable populations.--A member of a vulnerable
population includes any of the following:
(A) Individuals with a nonfrivolous claim to United
States citizenship.
(B) Individuals who have a disability or have been
determined by a medically trained professional to have
medical or mental health needs.
(C) Pregnant or nursing women.
(D) Individuals who are detained with 1 or more of
their children, and their detained children.
(E) Individuals who provide financial, physical,
and other direct support to their minor children,
parents, or other dependents.
(F) Individuals who are at least 65 years of age.
(G) Children (as defined in section 101(b)(1) of
the Immigration and Nationality Act (8 U.S.C.
1101(b)(1))).
(H) Victims of abuse, violence, crime, or human
trafficking.
(I) Individuals who have been referred for a
credible fear interview, a reasonable fear interview,
or an asylum hearing.
(J) Stateless individuals.
(K) Individuals who have applied or intend to apply
for asylum, withholding of removal, or protection under
the Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, done at New York,
December 10, 1984, and entered into force June 26,
1987.
(L) Individuals who make a prima facie case for
eligibility for relief under any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), including returning lawful permanent residents.
(M) Any group designated by the Secretary as a
vulnerable population.
(b) Options Regarding Detention Decisions for Vulnerable
Populations.--Section 236 of the Immigration and Nationality Act, as
amended by this Act, is further amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``(c)'' and inserting ``(g)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B), by striking
``but'' and inserting ``or''; and
(iii) by adding at the end the following:
``(C) the individual's own recognizance;'';
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following:
``(3) may enroll the alien in a secure alternatives
program; but''; and
(2) by inserting after subsection (a) the following:
``(b) Detention Decision Standards.--
``(1) Criteria to be considered.--If an alien is not
subject to mandatory detention under subsection (g) or section
236A, the criteria that the Secretary or the Attorney General
shall use to demonstrate that detention of the alien is
necessary are the following:
``(A) Whether the alien poses a risk to public
safety, including a risk to national security.
``(B) Whether--
``(i) the alien poses a risk of flight; and
``(ii) there are no conditions of release
that will reasonably ensure that the alien will
appear for immigration proceedings, including
bond or other conditions of release that reduce
the risk of flight.
``(2) Exception for mandatory detainees.--The requirements
described in paragraph (1) shall not apply if the Secretary of
Homeland Security demonstrates by substantial evidence that the
alien is subject to detention under subsection (g).
``(c) Custody Decisions for Vulnerable Populations.--
``(1) In general.--Not later than 72 hours after an
individual is detained under this section (unless the 72-hour
requirement is waived in writing by the individual), an
individual who is a member of a vulnerable population (as
defined by section 5(a)(3) of the Protect Citizens and
Residents from Unlawful Detention Act) shall be released from
the custody of the Department of Homeland Security and shall
not be subject to electronic monitoring unless the Department
demonstrates by a preponderance of the evidence that the
individual--
``(A) is subject to mandatory custody or mandatory
detention under subsection (g) or section 236A;
``(B) poses a risk to the national security of the
United States; or
``(C) is a flight risk and the risk cannot be
mitigated through supervision in a non-custodial secure
alternatives program.
``(2) Release.--An individual shall be released from
custody under this subsection--
``(A) on the individual's own recognizance;
``(B) by posting a minimum bond under subsection
(a)(2)(a); or
``(C) on parole in accordance with section
212(d)(5)(A).
``(d) Decisions To Detain Aliens.--
``(1) In general.--All detention decisions under this
section shall--
``(A) be made in writing by an official of the
Department of Homeland Security;
``(B) specify the reasons for the decision, if the
decision is made to continue the detention without bond
or parole; and
``(C) be served upon the detainee, in the language
spoken by the alien, not later than 72 hours after--
``(i) the commencement of the detention; or
``(ii) a positive determination of credible
fear of persecution or reasonable fear of
persecution or torture, if the detainee is
subject to section 235 or 241(a)(5).
``(2) Redetermination.--
``(A) Request.--Any alien detained by the
Department of Homeland Security, at any time after
being served with the decision described in paragraph
(1)(A), may request a redetermination of such decision
by an immigration judge.
``(B) Other decisions.--All custody decisions by
the Secretary of Homeland Security shall be subject to
redetermination by an immigration judge.
``(C) Savings provision.--Nothing in this paragraph
may be construed to prevent a detainee from requesting
a bond redetermination.
``(e) Secure Alternatives Programs.--
``(1) In general.--The Secretary of Homeland Security shall
establish secure alternatives programs to ensure public safety
and appearances at immigration proceedings.
``(2) Contract authority.--The Secretary shall contract
with nongovernmental organizations to conduct screening of
detainees, provide appearance assistance services, and operate
community-based supervision programs.
``(3) Individualized determinations.--When deciding whether
to use secure alternatives, the Secretary shall make an
individualized determination and review each case on a monthly
basis.
``(4) Custody.--If an individual is not eligible for
release from custody, the Secretary shall consider the alien
for placement in secure alternatives that maintain custody over
the alien, including the use of electronic ankle devices. The
Secretary may use secure alternatives programs to maintain
custody over any alien detained under this Act except for
aliens detained under section 236A.''.
SEC. 161. REPORT ON PROTECTIONS FOR VULNERABLE POPULATIONS IMPACTED BY
IMMIGRATION ENFORCEMENT ACTIVITIES.
(a) Requirement for Reports.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the Secretary of
Homeland Security shall submit a report to Congress that describes the
impact of immigration-related enforcement activities and fugitive
operations on United States citizens, lawful permanent residents,
individuals otherwise lawfully present in the United States, and, where
possible, undocumented aliens present in the United States.
(b) Content.--The report submitted under subsection (a) shall
include an assessment of--
(1) the number of individuals apprehended during
immigration-related enforcement activities who are children,
United States citizens, lawful permanent residents, lawfully
present non-citizens;
(2) immigration-related apprehensions at homes, schools,
school bus stops, day care centers, colleges, places of
worship, hospitals, health care clinics, funeral homes,
cemeteries, victim services agencies, social services agencies,
head start centers, recreation centers, legal service
providers, courts and community centers;
(3) apprehensions, detentions, and removals of sole
caregivers, primary breadwinners, pregnant and nursing mothers,
and other vulnerable populations during an immigration-related
enforcement activity;
(4) the extent to which the Department of Homeland Security
cooperates and coordinates with State and local law enforcement
during immigration-related enforcement activities;
(5) the number of immigration-related enforcement
apprehensions resulting from cooperation with State and local
law enforcement;
(6) whether apprehended individuals are provided access to
a telephone;
(7) how quickly apprehended individuals are provided access
to a telephone;
(8) the manner through which family members of the target
population of the immigration-related enforcement activity are
notified of their family member's detention;
(9) the number of parents, guardians, or caregivers of
children removed from the United States;
(10) the number of parents, guardians, or caregivers of
children removed from the United States whose children
accompany or join them;
(11) the number of parents, guardians, or caregivers of
children removed from the United States who are removed without
their children;
(12) the number of occasions on which both parents of a
particular children are removed from the United States without
their children;
(13) the length of time the parents, guardians, or
caregivers of children were present in the United States before
their removal from the United States;
(14) the number of United States citizen children that
remain in the United States after the removal of a parent,
guardian, or caregiver;
(15) the number of individuals apprehended determined to be
part of a vulnerable population released within specified time
limit under section 160(c);
(16) the length of time between when an individual is
determined to be part of a vulnerable population and that
individual is released under section 160(c);
(17) the methodology of the Department of Homeland Security
for notifying agents and entities under agreement with the
Department of Homeland Security about standards regarding
enforcement actions concerning vulnerable populations and
holding them accountable when such standards are violated;
(18) the number of officials of the Department of Homeland
Security disciplined for violations during apprehensions and in
making detention decisions;
(19) transfers of immigrants during the course of an
immigration-related enforcement activity, including--
(A) whether the immigrants had access to legal
counsel before being transferred;
(B) whether the immigrant received notice of an
impending transfer; and
(C) whether the immigrant was evaluated for
vulnerability under section 160(a) before being
transferred;
(20) apprehension procedures for immigration-related
enforcement activities, and compliance with screening
procedures for vulnerable populations;
(21) recommendations for improving immigration-related
enforcement activities and fugitive operations by reducing the
negative impact on children and vulnerable populations;
(22) secure alternatives programs, including the types of
programs used, number of individuals placed in theses programs,
reasons for not placing immigrants that qualify as a member of
a vulnerable population as defined in section 160(a) in these
programs, percentage of cases in which adjustment of
immigration status is granted, percentage of cases in which
removal is undertaken, and frequency of absconding; and
(23) the number of individuals apprehended after officials
were notified by a health or mental health professional.
SEC. 162. FAMILY DETENTION AND UNITY PROTECTIONS.
(a) Definition of Families With Children.--- Family with Children
is defined as any parent or legal guardian who is apprehended with one
or more of their children.
(b) Placement in Removal Proceedings.--Any family with children
sought to be removed by the Department of Homeland Security shall be
placed in removal proceedings under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a).
(c) Custody of Families With Children.--The following requirements
shall apply with respect to families with children:
(1) Families with children shall not be separated or taken
into custody except when justified by exceptional
circumstances, or when required by law.
(2) In exceptional circumstances where release or a secure
alternatives program is not an option, the Secretary shall
ensure that--
(A) special non-penal, residential, home-like
facilities that enable families to live as a family
unit are designed to house families with children,
taking into account the particular needs and
vulnerabilities of the children;
(B) procedures and conditions of custody are
appropriate for families with children;
(C) entities with demonstrated experience and
expertise in child welfare shall staff and be
responsible for the management of facilities housing
families with children;
(D) no restrictions on freedom of movement;
visitations; telephone, internet, library, and law
library access; possession of personal property,
including personal clothing; age appropriate education;
or religious practice shall apply other than to prevent
flight and ensure the safety of residents;
(E) individualized reviews by an immigration judge
of each family's well being, custody status and the
need for continued detention are conducted every 30
days for any family held in such a facility for more
than three weeks, and all families shall be notified in
writing of the decision and of the individualized
reasons for the decision; and
(F) parents retain fundamental parental rights and
responsibilities, including the discipline of children,
in keeping with applicable State laws.
(d) Discretionary Waiver Authority for Families With Children.--
Section 235(b)(1)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(iii)) is amended--
(1) in subclause (IV), by striking ``Any alien'' and
inserting ``Except as provided in subclause (V), any alien'';
and
(2) by adding at the end the following:
``(V) Discretionary waiver
authority for families with children.--
The Secretary of Homeland Security may
decide for humanitarian reasons or
significant public benefit not to
detain families with children who are
otherwise subject to mandatory
detention under subclause (IV).''.
SEC. 163. APPREHENSION PROCEDURES FOR FAMILIES AND PARENTS.
The Department of Homeland Security and entities under agreement
with the Department of Homeland Security shall--
(1) offer confidential psychosocial and mental health
services to children and family members of such individuals at
the time of the apprehension;
(2) provide, and advertise in the mainstream and foreign
language media, as well as make available to the public via the
website of the Department of Homeland Security, a toll-free
number through which family members of persons apprehended as a
result of an immigration enforcement-related activity may
report information relevant to the release of an apprehended
family member as a member of a vulnerable population, which
will be conveyed to the appropriate Department of Homeland
Security official and applicable SSA, and through which State
child welfare service providers, family members, and legal
counsel representing those who are apprehended may obtain
information about the apprehended family members, including
their location, in English and the majority language of those
who are apprehended;
(3) if there is reason to believe that an individual who is
apprehended is a parent, legal guardian, or primary caregiver
relative of a dependent child in the United States, provide
this parent, legal guardian, or primary caregiver relative
with--
(A) confidential and toll-free telephone calls to
arrange for care of dependent children within 2 hours
of screening;
(B) information regarding and contact information
for legal service providers, organizations, and
attorneys that can offer free legal advice regarding
child welfare and custody determinations; and
(C) information regarding and contact information
for multiple State and local child welfare providers;
(4) ensure that personnel of the Department of Homeland
Security and of entities operating under agreement with the
Department do not--
(A) interrogate or screen individuals in the
immediate presence of children;
(B) interrogate, arrest, or detain any child
apprehended with his or her parent or parents without
the presence or consent of a parent, family member,
legal guardian, or legal counsel; or
(C) compel or request children to translate for
other individuals who are encountered as part of an
immigration enforcement-related activity; and
(5) ensure that the best interests of children are
considered in decisions and actions relating to the detention
or release of any individual apprehended by the Department of
Homeland Security, and that there be a preference for family
unity whenever appropriate.
SEC. 164. CHILD WELFARE SERVICES FOR CHILDREN SEPARATED FROM PARENTS
DETAINED OR REMOVED FROM THE UNITED STATES FOR
IMMIGRATION VIOLATIONS.
(a) State Plan Requirements.--Section 471(a) of the Social Security
Act (42 U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (32);
(2) by striking the period at the end of paragraph (33) and
inserting ``; and''; and
(3) by adding at the end the following:
``(34) provides that the State shall--
``(A) create and implement protocols to provide
guidance on how all employees of State agencies
providing services to children under the State plan
should handle cases of separated children that take
into account the best interest of the child, including
consideration of the best outcome for the family of the
child;
``(B) develop and implement memoranda of
understanding or protocols with the Department of
Homeland Security, Federal, State, and local government
agencies to facilitate communication between the
agencies and such a child, a parent, guardian, or
relative referred to in section 475(9)(B), family
members of such a child, family courts, providers of
services to such a child under the State plan,
providers of long-term care to such a child, and legal
representatives of such a child or of such a parent,
guardian, or relative;
``(C) develop and implement joint protocols and
training with law enforcement agencies to minimize the
trauma, at the time of the apprehension of such a
parent, guardian, or relative, to a child who will
become a separated child as a result of the
apprehension, including protocols and training for
apprehension of such a parent, guardian, or relative in
the presence of the child and how to best ensure
appropriate and prompt care arrangements for the child;
``(D) ensure that the case manager for such a child
is capable of communicating in the native language of
the child and of the family of the child, or an
interpreter who is so capable is provided to
communicate with the child and the family of the child
at no cost to the child or the family of the child;
``(E) require that, in all decisions and actions
relating to the care, custody, and placement of such a
child, the best interest of the child, including the
best outcome for the family of the child, be
considered, and ensure that the decisions are based on
clearly articulated factors that do not include
predictions or conclusions about immigration status or
pending Federal immigration proceedings; and
``(F) coordinate with the Department of Homeland
Security, foreign consular officials and
nongovernmental organizations designated by the
Secretary to ensure that parents of such a child who
wish for the child to accompany them to their country
of origin are given adequate time to obtain a passport
and visa, collect all relevant vital documents such as
birth certificate, health and educational records, and
other information.''.
(b) Additional Information To Be Included in Case Plan.--Section
475(1) of such Act (42 U.S.C. 675(1)) is amended by adding at the end
the following:
``(H) In the case of a separated child with respect
to whom the State plan requires the State to provide
services pursuant to section 471(a)(34)--
``(i) the location of the parent, guardian,
or relative referred to in paragraph (9)(B) of
this subsection from whom the child has been
separated; and
``(ii) a written record of each disclosure
to a government agency or person (other than
such a parent, guardian, or relative) of
information gathered in the course of tracking
the care, custody, and placement of, and
follow-up services provided to, the child.''.
(c) Separated Children Defined.--Section 475 of such Act (42 U.S.C.
675) is amended by adding at the end the following:
``(9) The term `separated children' means individuals who--
``(A) have a parent, legal guardian, or primary
caregiver relative who has been detained by a Federal,
State, or local law enforcement agency in the
enforcement of an immigration law, or removed from the
United States as a result of a violation of such a law;
and
``(B) are in foster care under the responsibility
of a State.''.
SEC. 165. VULNERABLE POPULATION AND CHILD WELFARE TRAINING FOR
IMMIGRATION ENFORCEMENT OFFICERS.
(a) Mandatory Training.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services,
and independent child welfare experts shall mandate live
specialized training of all Federal personnel, relevant
personnel employed by those States reimbursed for activities
related to care and services for separated children, and State
and local personnel and relevant SSAs, who come into contact
with vulnerable populations as defined at section 160(a) in all
relevant legal authorities, policies, and procedures pertaining
to the humanitarian and due process protections for these
vulnerable populations.
(2) Vulnerable populations.--Such personnel shall be
trained to work with vulnerable populations, including
identifying members of a vulnerable population, and identifying
members of a vulnerable population for whom asylum or special
juvenile immigrant relief may be appropriate.
(3) Mental health needs.--Personnel shall establish
collaborative relationships with local mental health
professionals to provide training in preparation for
apprehensions of individuals with mental health needs.
(4) Best practices.--Participants will be required to
undertake periodic and continuing training on best practices
and changes in the law, policies, and procedures for these
vulnerable populations.
(b) Memoranda of Understanding.--The Secretary of Homeland Security
shall require all law enforcement agencies under agreement with the
Department of Homeland Security to establish Memoranda of Understanding
with SSAs with respect to the availability of services relevant to the
humanitarian and due process protections for vulnerable populations as
defined in section 160(a).
SEC. 166. ACCESS FOR PARENTS, LEGAL GUARDIANS, AND, PRIMARY CAREGIVER
RELATIVES.
(a) In General.--The Secretary of the Department of Homeland
Security shall ensure that all detention facilities operated by or
under agreement with the Department take steps to preserve family unity
and ensure that the best outcome for families can be considered in
decisions and actions relating to the custody of children whose parent,
legal guardian, or primary caregiver relative is detained by reason of
the parent's, legal guardian's, or primary caregiver relative's
immigration status.
(b) Training.--The Secretary of Homeland Security, in consultation
with the Department of Health and Human Services, the Department of
Justice, the Department of State, and independent family law experts,
shall mandate live, specialized training of all personnel at detention
facilities operated by the Department of Homeland Security or under
agreement with the Department of Homeland Security in all relevant
legal authorities, policies and procedures related to ensuring that
parents, legal guardians, and primary caregiver relatives of children
have regular, ongoing and in-person access to children, State family
courts, consular officers and staff of State social service agencies
responsible for administering child welfare programs. Such personnel
shall be required to undertake periodic and continuing training on best
practices and changes in relevant law, policies, and procedures
pertaining to the preservation of family unity.
(c) Access to Children, Local and State Courts, Child Protective
Services, and Consular Officials.--The Secretary of Homeland Security
shall be responsible for--
(1) ensuring that detained parents, legal guardians, and
primary caregiver relatives of children under 18 years of age
are granted free and confidential phone calls with their
children on a daily basis;
(2) ensuring that detained parents, legal guardians, and
primary caregiver relatives of children under 18 years of age
are permitted regular contact visits with their children;
(3) ensuring that detained parents, legal guardians, and
primary caregiver relatives of children under 18 years of age
are able to participate fully, and to the extent possible in-
person, in all family court proceedings and any other
proceeding impacting upon custody of their children;
(4) ensuring that detained parents, legal guardians, and
primary caregiver relatives of children under 18 years of age
are able to fully participate in and comply with all family
court orders impacting upon custody of their child;
(5) ensuring that detained parents, legal guardians, and
primary caregiver relatives of children under 18 years of age
have regular, on-site access to reunification programming
including parenting classes;
(6) ensuring that detained parents, legal guardians, and
primary caregiver relatives of children under 18 years of age
are provided with contact information for child protective
services entities and family courts in all fifty States, the
District of Columbia, all United States territories, and are
granted free, confidential, and unlimited telephone access to
child protective services entities and family courts to report
child abuse, abandonment or neglect;
(7) ensuring that detained parents, legal guardians, and
primary caregiver relatives of children under 18 years of age
are granted regular, confidential and in-person access to
consular officials; free, unlimited, confidential phone calls
to consular officials; and access to United States passport
applications for the purpose of obtaining travel documents for
their children;
(8) ensuring that detained parents, legal guardians, and
primary caregiver relatives of children under 18 years of age
who wish to take their children with them to their country of
origin are granted adequate time prior to being removed to
obtain a passport and other relevant travel documents necessary
for children to accompany them on their return to their country
of origin or join them in their country of origin; and
(9) facilitating detained parents', legal guardians', and
primary caregiver relatives' ability to reunify with their
children under 18 years of age at the time of removal to their
country of origin, including providing information about the
detained parent, legal guardian, or primary caregiver
relative's travel arrangements to State social service agencies
or other caregivers.
SEC. 167. ENHANCED PROTECTIONS FOR VULNERABLE UNACCOMPANIED ALIEN
CHILDREN AND FEMALE DETAINEES.
(a) Mandatory Training.--The Secretary of Homeland Security, in
consultation with the Office of Refugee Resettlement of the Department
of Health and Human Services and independent child welfare experts,
shall mandate live training of all personnel who come into contact with
unaccompanied alien children (as defined in section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279)) in all relevant legal authorities,
policies, and procedures pertaining to this vulnerable population.
(b) Care and Transportation.--Notwithstanding any other provision
of law, the Secretary of Homeland Security shall ensure that all
unaccompanied children who will undergo any immigration proceedings
before the Department of Homeland Security and the Executive Office for
Immigration Review are duly transported and placed in the care and
legal and physical custody of the Office of Refugee Resettlement within
a maximum of 24 hours of their apprehension absent narrowly defined
exceptional circumstances, including a natural disaster or comparable
emergency beyond the control of the Secretary of Homeland Security or
the Office of Refugee Resettlement. The Secretary of Homeland Security
shall ensure that female officers are responsible and at all times
present during the transfer and transport of female detainees who are
in the custody of the Secretary of Homeland Security.
(c) Notification.--The Secretary of Homeland Security shall
immediately notify the Office of Refugee Resettlement of an
unaccompanied alien child in the custody of the Department of Homeland
Security to effectively and efficiently coordinate the child's transfer
to and placement with the Office of Refugee Resettlement.
(d) Notice of Rights and Access to Counsel.--The Secretary of
Homeland Security shall ensure that an independent licensed social
worker, as described in section 153(b)(1)(A), provides all
unaccompanied alien children upon apprehension with both a video
orientation and oral and written notice of their rights under the
Immigration and Nationality Act including their rights to relief from
removal and their rights to confer with counsel (as guaranteed under
section 292 of such Act), family, or friends while in the Department of
Homeland Security's temporary custody and relevant complaint mechanisms
to report any abuse or misconduct they may have experienced. The
Secretary of Homeland Security shall ensure that the video orientation
and written notice of rights is available in English and in the five
most common native languages spoken by the unaccompanied children held
in custody at that location during the preceding fiscal year, and that
the oral notice of rights is available in English and in the most
common native language spoken by the unaccompanied children held in
custody at that location during the preceding fiscal year.
(e) Confidentiality.--The Secretary of Health and Human Services
shall maintain the privacy and confidentiality of all information
gathered in the course of providing care, custody, placement and
follow-up services to unaccompanied alien children, consistent with the
best interest of the unaccompanied alien child, by not disclosing such
information to other government agencies or nonparental third parties.
The Secretary may share information when authorized to do so by the
child and when consistent with the child's best interest. The Secretary
may provide information to a duly recognized law enforcement entity, if
such disclosure would prevent imminent and serious harm to another
individual. All disclosures shall be duly recorded in writing and
placed in the child's files.
(f) Other Policies and Procedures.--The Secretary shall further
adopt fundamental child protection policies and procedures--
(1) for reliable age-determinations of children which
exclude the use of fallible forensic testing of children's bone
and teeth developed in consultation with medical and child
welfare experts;
(2) to ensure the safe and secure repatriation and
reintegration of unaccompanied alien children to their home
countries through specialized programs developed in close
consultation with the Secretary of State, the Office of the
Refugee Resettlement and reputable independent child welfare
experts including placement of children with their families or
nongovernmental agencies to provide food, shelter and
vocational training and microfinance opportunities;
(3) to utilize all legal authorities to defer the child's
removal if the child faces a risk of life-threatening harm upon
return including due to the child's mental health or medical
condition; and
(4) to ensure that unaccompanied alien children (as defined
in section 462 of the Homeland Security Act of 2002 (6 U.S.C.
279)) are physically separated from any adult who is not a
family member, guardian, or caregiver and are separated by
sight and sound from immigration detainees and inmates with
criminal convictions, pretrial inmates facing criminal
prosecution, children who have been adjudicated delinquents or
convicted of adult offenses or are pending delinquency or
criminal proceedings, and those inmates exhibiting violent
behavior while in detention as is consistent with the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.).
SEC. 168. PREVENTING UNNECESSARY DETENTION OF REFUGEES.
Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159)
is amended--
(1) in subsection (a)(1) by striking ``return or be
returned to the Department of Homeland Security for inspection
and examination for admission'' and also ``in accordance with
the provisions of sections 235, 240, and 241'' and inserting
``be eligible for adjustment of status'';
(2) in subsection (a)(2) by striking ``upon inspection and
examination''; and
(3) in subsection (c) by adding at the end ``An application
for adjustment under this section may be filed up to 3 months
before the date the applicant would first otherwise be eligible
for adjustment under this section.''.
SEC. 169. REPORTS ON PROTECTIONS FROM UNLAWFUL DETENTION.
(a) Report Requirement.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the Secretary shall
prepare and submit a report to Congress that describes the impact of
worksite and fugitive operations on United States citizens, lawful
permanent residents, and individuals otherwise lawfully present in the
United States.
(b) Content.--The report submitted under subsection (a) shall
include an assessment of--
(1)(A) United States Immigration and Customs Enforcement
protocol for humanitarian screening during a worksite
enforcement action;
(B) the compliance with such protocol; and
(C) the nature of any related protocol in smaller worksite
or nonworksite actions;
(2) collateral arrests under the National Fugitive
Operations Program and worksite enforcement initiatives;
(3) whether individuals detained in an immigration-related
enforcement activity are notified of their right to counsel;
(4) whether United States Immigration and Customs
Enforcement agents--
(A) use excessive force in executing warrants,
arrests, detentions, or other immigration-enforcement
activities;
(B) enter private homes or residences without a
search warrant or consent; or
(C) display and use weapons during immigration-
enforcement activities or interrogations;
(5) whether United States Immigration and Customs
Enforcement agents identify themselves when entering a location
for enforcement purposes;
(6) the conditions under which individuals are confined;
(7) whether detainees are notified of their rights in a
language they can understand;
(8) whether individuals detained during a raid or an
immigration enforcement activity are forced or coerced to sign
any documents or waive any rights without consulting with an
attorney;
(9) the procedures used by the Department of Homeland
Security--
(A) to notify agents about humanitarian standards
regarding enforcement actions; and
(B) hold agents accountable when they violate such
standards;
(10) the per detainee cost of each raid involving more than
50 detainees;
(11) the number of United States Immigration and Customs
Enforcement agents disciplined for violations in detention
proceedings; and
(12) recommendations for improving worksite operations and
fugitive operations.
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 170. RULEMAKING.
Not later than 1 year after the date of the enactment of this Act,
the Secretary shall promulgate regulations to implement this subtitle
and the amendments made by this subtitle.
Subtitle C--Enforcement
SEC. 181. LABOR ENFORCEMENT.
(a) Labor Enforcement Actions.--Section 274A(e) of the Immigration
and Nationality Act (8 U.S.C. 1324a(e)) is amended to add a new
paragraph (10).
``(10) Conduct in enforcement actions.--
``(A) Enforcement action.--When an enforcement
action is undertaken by the Department of Homeland
Security and the Department receives information that
there is a labor dispute in progress, or that
information was provided to the Department of Homeland
Security to retaliate against employees for exercising
their employment rights, the Department shall ensure
that any aliens who are arrested or detained and are
necessary for the prosecution of any labor or
employment law violations are not removed from the
country without notifying the appropriate law
enforcement agency that has jurisdiction over the
violations and providing the agency with the
opportunity to interview such aliens. The Department
shall ensure that no aliens entitled to a stay of
removal under this section are removed.
``(B) Interviews.--Any arrangements for aliens to
be held or interviewed shall be made in consultation
with the relevant labor and employment law enforcement
agencies.
``(C) Stay of removal.--
``(i) An alien against whom removal
proceedings have been initiated pursuant to
chapter 4 of title III of the Immigration and
Nationality Act, who has filed a workplace
claim or who is a material witness in any
pending or anticipated proceeding involving a
workplace claim, shall be entitled to a stay of
removal and to an employment authorized
endorsement unless the Department establishes
by a preponderance of the evidence in
proceedings before the immigration judge
presiding over that alien's removal hearing
that--
``(I) the Department initiated the
alien's removal proceeding for wholly
independent reasons and not in any
respect based on, or as a result of,
any information provided to or obtained
by the Department from the aliens
employer, from any outside source,
including any anonymous source, or as a
result of the filing or prosecution of
the workplace claim; and
``(II) the workplace claim was
filed in a bad faith with the intent to
delay or avoid the alien's removal.
``(ii) Any stay of removal or work
authorization issued pursuant to subsection (i)
shall remain valid and in effect at least
during the pendency of the proceedings
concerning such workplace claim. The Secretary
of Homeland Security shall extend such relief
for a period of not longer than 3 additional
years upon determining that--
``(I) such relief would enable the
alien asserting the workplace claim to
be made whole;
``(II) the deterrent goals of any
statute underlying the workplace claim
would thereby be served; or
``(III) such extension would
otherwise further the interests of
justice.
``(iii) In this section--
``(I) the term `workplace claim'
shall include any claim, charge,
complaint, or grievance filed with or
submitted to the employer, a Federal or
State or local agency or court, or an
arbitrator, to challenge an employer's
alleged civil or criminal violation of
any legal or administrative rule or
requirement affecting the terms or
conditions of its workers employment,
the treatment of workers, or the hiring
or firing of its workers; and
``(II) the term `material witness'
means an individual who presents a
declaration from an attorney
investigating, prosecuting, or
defending the workplace claim or from
the presiding officer overseeing the
workplace claim attesting that, to the
best of the declarant's knowledge and
belief, reasonable cause exists to
believe that the testimony of the
individual will be relevant to the
outcome of the workplace claim.''.
(b) Whistleblower Protections; Victims of Criminal Activity.--
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii)--
(A) by striking ``or'' before ``attempt''; and
(B) by adding at the end the following: ``a civil
violation of Federal, State, or local employment or
labor laws; and''; and
(3) by adding at the end the following:
``(iv) the Secretary may not grant a
petition filed by an alien based on a civil
violation of Federal employment or labor laws
unless the alien has--
``(I) a reasonable fear of
retaliation based on immigration
status;
``(II) has been threatened with
retaliation based on immigration; or
``(III) has been retaliated against
based on immigration status for
attempting to remedy such violations;
or''.
SEC. 182. MANDATORY ADDRESS REPORTING REQUIREMENTS.
(a) Clarifying Address Reporting Requirements.--Section 265 (8
U.S.C. 1305) is amended--
(1) in subsection (a)--
(A) by striking ``notify the Attorney General in
writing'' and inserting ``submit written or electronic
notification to the Secretary of Homeland Security, in
a manner approved by the Secretary,'';
(B) by striking ``the Attorney General may
require'' and inserting ``the Secretary may require'';
and
(C) by adding at the end the following: ``If the
alien is involved in proceedings before an immigration
judge or in an administrative appeal of such
proceedings, the alien shall submit to the Attorney
General the alien's current address and a telephone
number, if any, at which the alien may be contacted.'';
(2) in subsection (b), by striking ``Attorney General''
each place such term appears and inserting ``Secretary of
Homeland Security'';
(3) in subsection (c), by striking ``given to such parent''
and inserting ``given by such parent''; and
(4) by adding at the end the following:
``(d) Address To Be Provided.--
``(1) In general.--Except as otherwise provided by the
Secretary under paragraph (2), an address provided by an alien
under this section shall be the alien's current residential
mailing address, and shall not be a post office box or other
nonresidential mailing address or the address of an attorney,
representative, labor organization, or employer.
``(2) Specific requirements.--The Secretary may provide
specific requirements with respect to--
``(A) designated classes of aliens and special
circumstances, including aliens who are employed at a
remote location; and
``(B) the reporting of address information by
aliens who are incarcerated in a Federal, State, or
local correctional facility.
``(3) Detention.--An alien who is being detained by the
Secretary under this Act is not required to report the alien's
current address under this section during the time the alien
remains in detention, but shall be required to notify the
Secretary of the alien's address under this section at the time
of the alien's release from detention.
``(e) Use of Most Recent Address Provided by the Alien.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may provide for the appropriate coordination
and cross referencing of address information provided by an
alien under this section with other information relating to the
alien's address under other Federal programs, including--
``(A) any information pertaining to the alien,
which is submitted in any application, petition, or
motion filed under this Act with the Secretary of
Homeland Security, the Secretary of State, or the
Secretary of Labor;
``(B) any information available to the Attorney
General with respect to an alien in a proceeding before
an immigration judge or an administrative appeal or
judicial review of such proceeding;
``(C) any information collected with respect to
nonimmigrant foreign students or exchange program
participants under section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372); and
``(D) any information collected from State or local
correctional agencies pursuant to the State Criminal
Alien Assistance Program.
``(2) Reliance.--The Secretary may rely on the most recent
address provided by the alien under this section or section 264
to send to the alien any notice, form, document, or other
matter pertaining to Federal immigration laws, including
service of a notice to appear. The Attorney General and the
Secretary may rely on the most recent address provided by the
alien under section 239(a)(1)(F) to contact the alien about
pending removal proceedings.
``(3) Obligation.--The alien's provision of an address for
any other purpose under the Federal immigration laws does not
excuse the alien's obligation to submit timely notice of the
alien's address to the Secretary under this section (or to the
Attorney General under section 239(a)(1)(F) with respect to an
alien in a proceeding before an immigration judge or an
administrative appeal of such proceeding).
``(f) Requirement for Database.--The Secretary of Homeland Security
shall establish an electronic database to timely record and preserve
addresses provided under this section.''.
(b) Conforming Changes With Respect to Registration Requirements.--
Chapter 7 of title II (8 U.S.C. 1301 et seq.) is amended--
(1) in section 262(c), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(2) in section 263(a), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(3) in section 264--
(A) in subsections (a), (b), (c), and (d), by
striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''; and
(B) in subsection (f)--
(i) by striking ``Attorney General is
authorized'' and inserting ``Secretary of
Homeland Security and Attorney General are
authorized''; and
(ii) by striking ``Attorney General or the
Service'' and inserting ``Secretary or the
Attorney General''.
(c) Effect on Eligibility for Immigration Benefits.--If an alien
fails to comply with section 262, 263, or 265 of the Immigration and
Nationality Act (8 U.S.C. 1302, 1303, and 1305) or section 264.1 of
title 8, Code of Federal Regulations, or removal orders or voluntary
departure agreements based on any such section for acts committed prior
to the enactment of this Act such failure shall not affect the
eligibility of the alien to apply for a benefit under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
(d) Technical Amendments.--Section 266 (8 U.S.C. 1306) is amended
by striking ``Attorney General'' each place it appears and inserting
``Secretary of Homeland Security''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Exceptions.--The amendments made by paragraphs (1)(A),
(1)(B), (2), and (3) of subsection (a) shall take effect as if
enacted on March 1, 2003.
SEC. 183. PREEMPTION OF STATE AND LOCAL LAW.
(a) Preemption.--This Act preempts any State or local law,
contract, license, or other standard, requirement, action or
instrument--
(1) discriminating among persons on the basis of
immigration status, except as specifically authorized in
Federal law; or
(2) imposing any sanction or liability--
(A) on any individual based on his or her
immigration status;
(B) on any person or entity based on the
immigration status of its clients, employees, tenants,
or other associates; or
(C) relating to a violation or alleged violation of
immigration law.
(b) Definition.--For purposes of this section, ``immigration
status'' refers to a person's present or previous: visa classification,
refugee status, temporary protected status, status as an immigrant
lawfully admitted for permanent residence, lawful presence, work
authorization, or other classification or category created by, or
related to this, Act or the Immigration and Nationality Act.
SEC. 184. DELEGATION OF IMMIGRATION AUTHORITY.
Section 287(g) (8 U.S.C. 1357(g)) is amended to read as follows:
``(g) Except as provided in section 103(a)(10), 242, or 274(c), the
authority to investigate, identify, apprehend, arrest, or detain
persons for a violation of any section of this Act or regulation
pursuant to this Act is restricted to immigration officers and
employees of the Department. Any such authority is further subject to
any specific limitations set forth in this Act.''.
SEC. 185. IMMIGRATION AND CUSTOMS ENFORCEMENT OMBUDSMAN.
(a) Establishment.--Subtitle D of title III of the Homeland
Security Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the
end the following:
``SEC. 447. IMMIGRATION AND CUSTOMS ENFORCEMENT OMBUDSMAN.
``(a) In General.--There established in the Department of Homeland
Security a position of Immigration and Customs Enforcement Ombudsman
(referred to in this section as the `Ombudsman').
``(b) Requirements.--The Ombudsman shall--
``(1) report directly to the Assistant Secretary for
Immigration and Customs Enforcement (referred to in this
section as the `Assistant Secretary'); and
``(2) have a background in immigration law.
``(c) Functions.--The Ombudsman shall--
``(1) undertake regular and unannounced inspections of
detention facilities and local offices of United States
Immigration and Customs Enforcement to determine whether the
facilities and offices comply with relevant policies,
procedures, standards, laws, and regulations;
``(2) report all findings of compliance or noncompliance of
the facilities and local offices described in paragraph (1) to
the Secretary and the Assistant Secretary;
``(3) develop procedures for detainees or their
representatives to submit confidential written complaints
directly to the Ombudsman;
``(4) investigate and resolve all complaints, including
confidential and anonymous complaints, related to decisions,
recommendations, acts, or omissions made by the Assistant
Secretary or the Commissioner of United States Customs and
Border Protection in the course of custody and detention
operations;
``(5) initiate investigations into allegations of systemic
problems at detention facilities;
``(6) conduct any review or audit relating to detention, as
directed by the Secretary or Assistant Secretary;
``(7) refer matters, as appropriate, to the Office of
Inspector General of the Department of Justice, the Office of
Civil Rights and Civil Liberties of the Department, or any
other relevant office or agency;
``(8) propose changes in the policies or practices of
United States Immigration and Customs Enforcement to improve
the treatment of United States citizens and residents,
immigrants, detainees, and others subject to immigration-
related enforcement operations;
``(9) establish a public advisory group consisting of
nongovernmental organization representatives and Federal,
State, and local government officials with expertise in
detention and vulnerable populations to provide the Ombudsman
with input on--
``(A) the priorities of the Ombudsman; and
``(B) current practices of United States
Immigration and Customs Enforcement; and
``(10) recommend to the Assistant Secretary personnel
action based on any finding of noncompliance.
``(d) Annual Report.--
``(1) Objectives.--Not later than June 30 of each year, the
Ombudsman shall prepare and submit a report to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary
of the House of Representatives on the objectives of the Office
of the Ombudsman for the next fiscal year.
``(2) Contents.--Each report submitted under paragraph (1)
shall include--
``(A) full and substantive analysis of the
objectives of the Office of the Ombudsman;
``(B) statistical information regarding such
objectives;
``(C) a description of each detention facility
found to be in noncompliance with the detention
standards of the Department of Homeland Security or
other applicable regulations;
``(D) a description of the actions taken by the
Department of Homeland Security to remedy any findings
of noncompliance or other identified problems;
``(E) information regarding whether the actions
described in subparagraph (D) resulted in compliance
with detention standards;
``(F) a summary of the most pervasive and serious
problems encountered by individuals subject to the
enforcement operations of the Department of Homeland
Security, including a description of the nature of such
problems; and
``(G) such other information as the Ombudsman may
consider advisable.''.
(b) Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 446 the following:
``Sec. 447. Immigration and Customs Enforcement Ombudsman.''.
SEC. 186. ELIMINATING ARBITRARY BAR TO ASYLUM.
Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--
(1) by striking subparagraph (B);
(2) in subparagraph (C), by striking ``(D)'' and inserting
``(C)'';
(3) in subparagraph (D), by striking ``subparagraphs (B)
and (C),'' and inserting ``subparagraph (B),''; and
(4) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
SEC. 187. RESTORATION OF JUDICIAL REVIEW.
Section 242 (8 U.S.C. 1252) is amended--
(1) by striking subsection (a)(2) (matters not subject to
judicial review);
(2) in subsection (b)(1), by striking ``30 days'' and
inserting ``60 days'';
(3) in subsection (b)(3)(B), by striking ``does not'' and
inserting ``shall'';
(4) in subsection (b)(3)(C), by striking ``shall'' and
inserting ``may'';
(5) in subsection (b)(4)(B), by striking ``any reasonable
adjudicator would be compelled to conclude to the contrary''
and inserting ``the findings are not supported by substantial
evidence'';
(6) in subsection (b)(8)(C), by inserting ``unless a stay
is automatically granted by any provision of law or any court
of competent jurisdiction'' after ``to defer removal of the
alien'';
(7) in subsection (b)(9), by striking ``Except as otherwise
provided in this section, no court shall have jurisdiction, by
habeas corpus under section 2241 of title 28 or any other
habeas corpus provision, by section 1361 or 1651 of such title,
or by any other provision of law (statutory or nonstatutory),
to review such an order or such questions of law or fact.'';
(8) by striking subsection (e)(1)(B);
(9) in subsection (e)(2)(B) by inserting ``lawfully'' after
``was'' and before ``ordered'';
(10) by striking subsection (e)(3);
(11) by redesignating subsection (e)(4) as subsection
(e)(3);
(12) by redesignating subsection (e)(5) as subsection
(e)(4);
(13) by striking subsection (f);
(14) by redesignating subsection (g) as subsection (f); and
(15) in subsection (g) (as so redesignated), by striking
``and notwithstanding any other provision of law (statutory or
nonstatutory), including section 2241 of title 28, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title,''.
TITLE II--EMPLOYMENT VERIFICATION
SEC. 201. EMPLOYMENT VERIFICATION.
(a) In General.--Section 274A (8 U.S.C. 1324a) is amended to read
as follows:
``SEC. 274A. EMPLOYMENT VERIFICATION.
``(a) Making Employment of Unauthorized Aliens Unlawful.--
``(1) In general.--It is unlawful for an employer--
``(A) to hire, recruit, or refer for a fee an alien
for employment in the United States knowing or with
reckless disregard that the alien is an unauthorized
alien with respect to such employment; or
``(B) to hire in the United States an individual
unless such employer meets the requirements of
subsections (b) and (c).
``(2) Continuing employment.--It is unlawful for an
employer, after lawfully hiring an alien for employment, to
continue to employ the alien in the United States knowing that
the alien is (or has become) an unauthorized alien with respect
to such employment.
``(3) Use of labor through contract.--An employer who uses
a contract, subcontract, or exchange entered into,
renegotiated, or extended after the date of the enactment of
this Act to obtain the labor of an alien in the United States
knowing or with reckless disregard that the alien is an
unauthorized alien with respect to performing such labor, shall
be considered to have hired the alien for employment in the
United States in violation of paragraph (1)(A).
``(4) Treatment of documentation for certain employees.--
``(A) In general.--For purposes of this section,
if--
``(i) an individual is a member of a
collective bargaining unit and is employed,
under a collective bargaining agreement entered
into between one or more employee organizations
and an association of two or more employers, by
an employer that is a member of such
association; and
``(ii) within the period specified in
subparagraph (B), another employer that is a
member of the association (or an agent of such
association on behalf of the employer) has
complied with the requirements of subsection
(b) of this section with respect to the
employment of the individual, the subsequent
employer shall be deemed to have complied with
the requirements of subsection (b) of this
section with respect to the hiring of the
employee and shall not be liable for civil
penalties described in subsection (d)(4) of
this section.
``(B) Period.--The period described in this
subparagraph is 3 years, or, if less, the period of
time that the individual is authorized to be employed
in the United States.
``(C) Liability.--
``(i) In general.--If any employer that is
a member of an association hires for employment
in the United States an individual and relies
upon the provisions of subparagraph (A) to
comply with the requirements of subsection (b)
of this section and the individual is an alien
not authorized to work in the United States,
then for the purposes of paragraph (1)(A),
subject to clause (ii), the employer shall be
presumed to have known at the time of hiring or
afterward that the individual was an alien not
authorized to work in the United States.
``(ii) Rebuttal of presumption.--The
presumption established by clause (i) may be
rebutted by the employer only through the
presentation of clear and convincing evidence
that the employer did not know (and could not
reasonably have known) that the individual at
the time of hiring or afterward was an alien
not authorized to work in the United States.
``(iii) Exception.--Clause (i) shall not
apply in any prosecution under subsection
(e)(1) of this section.
``(5) Order of internal review and certification of
compliance.--
``(A) Authority to require certification.--If the
Secretary has reasonable cause to believe that an
employer has failed to comply with this section, the
Secretary is authorized, at any time, to require that
the employer certify that the employer is in compliance
with this section or has instituted a program to come
into compliance with the section.
``(B) Content of certification.--Not later than 60
days after the date an employer receives a request for
a certification under subparagraph (A) the employer
shall certify under penalty of perjury that--
``(i) the employer is in compliance with
the requirements of subsections (b) and (c); or
``(ii) that the employer has instituted a
program to come into compliance with such
requirements.
``(C) Extension.--The 60-day period referred to in
subparagraph (B), may be extended by the Secretary for
good cause, at the request of the employer.
``(D) Publication.--The Secretary is authorized to
publish in the Federal Register standards or methods
for certification under subparagraph (A) and for
specific recordkeeping practices with respect to such
certification, and procedures for the audit of any
records related to such certification.
``(6) Defense.--
``(A) In general.--Subject to subparagraph (B), an
employer that establishes that the employer has
complied in good faith, notwithstanding a technical or
procedural failure, with the requirements of
subsections (b) and (c) with respect to the hiring of
an individual has established an affirmative defense
that the employer has not violated paragraph (1)(B)
with respect to such hiring.
``(B) Exception.--Until the date that an employer
is required to participate in the Electronic Employment
Verification System under subsection (c), the employer
may establish an affirmative defense under subparagraph
(A) without a showing of compliance with subsection
(c).
``(7) No authorization of national identification cards.--
Nothing in this title may be construed to authorize, directly
or indirectly, the issuance, use, or establishment of a
national identification card or a national identification
system.
``(b) Document Verification Requirements.--An employer hiring an
individual for employment in the United States shall verify that the
individual is eligible for such employment by meeting the following
requirements:
``(1) Attestation by employer.--
``(A) Requirements.--
``(i) In general.--The employer shall
attest, under penalty of perjury and on a form
prescribed by the Secretary, that the employer
has verified the identity and eligibility for
employment of the individual by examining an
original, unexpired document or documents
described in section 274a.2(b)(1)(v) of title
8, Code of Federal Regulations as evidence of
the individual's employment authorization and
identity.
``(ii) Signature requirements.--An
attestation required by clause (i) may be
manifested by a handwritten or electronic
signature.
``(iii) Standards for examination.--An
employer has complied with the requirement of
this paragraph with respect to examination of a
document if the document examined reasonably
appears on its face to be genuine and relates
to the individual whose identity and
eligibility for employment in the United States
is being verified. Nothing in this paragraph
may be construed as requiring the employer to
solicit the production of any other document or
as requiring the individual to produce such
other document.
``(B) Authority to prohibit use of certain
documents.--
``(i) Authority.--If the Secretary finds
that a document or class of documents described
in subparagraph (A)(i) is not reliable to
establish identity or eligibility for
employment (as the case may be) or is being
used fraudulently to an unacceptable degree,
the Secretary is authorized to prohibit, or
impose conditions on, the use of such document
or class of documents for purposes of this
subsection.
``(ii) Requirement for publication.--The
Secretary shall publish notice of any findings
under clause (i) in the Federal Register.
``(2) Attestation of individual.--
``(A) In general.--The individual shall attest,
under penalty of perjury on a form prescribed by the
Secretary, that the individual is--
``(i) a national of the United States;
``(ii) an alien lawfully admitted for
permanent residence; or
``(iii) an alien who is authorized under
this Act or by the Secretary to be employed in
the United States.
``(B) Signature for examination.--An attestation
required by subparagraph (A) may be manifested by a
handwritten or electronic signature.
``(C) Penalties.--An individual who falsely attests
that he or she is eligible for employment in the United
States shall be subject to the terms and penalties
regarding document fraud described in section 274C of
the Immigration and Nationality Act.
``(D) Schedule.--
``(i) Replacement documents.--An employer
shall accept a receipt for the application for
a replacement document or a document described
in subparagraph (B) of subsection (b)(1) in
lieu of the required document in order to
comply with any requirement to examine
documentation imposed by this section, in the
following circumstances:
``(I) The individual is unable to
provide the required document within
the time specified in this section
because the document was lost, stolen,
or damaged.
``(II) The individual presents a
receipt for the application for the
document within the time specified in
this section.
``(III) The individual presents the
document within 90 days of the hire. If
the actual document or replacement
document is to be issued by the United
States Citizenship and Immigration
Services and the application is still
under review 60 days after receipt of
the application, United States
Citizenship and Immigration Services
shall, not later than the 60th day
after receipt of the application, issue
a letter for the applicant to take to
the employer which shall automatically
grant the individual an additional 90
days from the original deadline in
subsection (b)(6)(A)(i)(II) to present
the document or replacement document.
``(ii) Prohibition on acceptance of a
receipt for short-term employment.--An employer
may not accept a receipt in lieu of the
required document if the individual is hired
for a duration of less than 10 working days.
``(3) Document retention and recordkeeping requirements.--
The System described in subsection (c) shall include an auto-
save feature allowing the employer to retain an electronic
version of an attestation submitted under paragraph (1) or (2)
for an individual and a record of any action taken, and copies
of any correspondence written or received, with respect to the
verification of an individual's identity or eligibility for
employment in the United States, including records received
through the Electronic Employment Verification System under
subsection (c). The employer shall retain such records, either
in electronic, paper, microfiche, or microfilm form, and make
such attestations available for inspection by an officer of the
Department of Homeland Security, any other person designated by
the Secretary, the Special Counsel for Immigration-Related
Unfair Employment Practices of the Department of Justice, or
the Secretary of Labor--
``(A) during a period beginning on the date of the
hiring of the individual and ending on the date that is
the later of--
``(i) 3 years after the date of such
hiring; or
``(ii) 1 year after the date the
individual's employment is terminated; or
``(B) during a shorter period determined by the
Secretary, if the Secretary reduces the period
described in subparagraph (A) for the employer or a
class of employers that includes the employer.
``(4) Use of retained documents.--An employer shall use
copies retained under clause (i) or (ii) of subparagraph (A)
only for the purposes of complying with the requirements of
this subsection, except as otherwise permitted under law.
``(5) Penalties.--An employer that fails to comply with the
requirement of this subsection shall be subject to the
penalties described in subsection (d)(4)(B).
``(c) Electronic Employment Verification System.--
``(1) Requirement for system.--The Secretary, in
cooperation with the Commissioner of Social Security, shall
implement an Electronic Employment Verification System
(referred to in this subsection as the `System') as described
in this subsection.
``(2) Technology standard to verify employment
eligibility.--
``(A) In general.--The Secretary, based upon
recommendations from the Director of the National
Institute of Standards and Technology, shall not later
than 180 days after the date of the enactment of the
this Act develop and certify a technology standard as
described in this subparagraph. The Secretary shall
have discretion to extend the 180-day period if the
Secretary determines that such extension will result in
substantial improvement of the System.
``(B) Integrated.--Notwithstanding any other
provision of Federal law, the technology standard
developed shall be the technological basis for a secure
cross-agency, cross-platform electronic system that is
a cost-effective, efficient, fully integrated means to
share immigration and Social Security information
necessary to confirm the employment eligibility of all
individuals seeking employment while protecting
individual privacy.
``(C) Report.--Not later than 18 months after the
date of the enactment of this Act, the Secretary and
the Director of the National Institute of Standards and
Technology shall jointly submit to Congress a report
describing the development, implementation, efficacy,
and privacy implications of the technology standard and
the System.
``(3) Identity and employment eligibility verification.--An
employer shall verify the identity and eligibility for
employment of an individual hired by the employer through the
System as follows:
``(A) Initial inquiry.--The employer shall submit
through the Internet or other electronic media, or over
a telephone line an inquiry through the System to seek
confirmation of the individual's identity and
eligibility for employment in the United States not
earlier than on the first day such employment actually
commences and not later than 5 working days after the
date such employment actually commences.
``(i) In general.--The Secretary, through
the System, shall confirm or tentatively
nonconfirm an individual's identity and
eligibility for employment in the United States
not later than 1 working day after an employer
submits an inquiry regarding the employee.
``(ii) Manual verification.--If the System
provides a tentative nonconfirmation with
respect to an individual under clause (i), the
Secretary and/or Commissioner shall complete a
secondary manual verification not later than 6
working days after such tentative
nonconfirmation is made.
``(iii) Determination.--Not later than 10
days after the employer submits an inquiry
under subparagraph (A) the Secretary, through
the System, shall provide to the employer the
results of the verification required by clause
(i) and (ii). Such results shall be a
determination that--
``(I) confirms the individual's
identity and eligibility for employment
in the United States; or
``(II) the System is tentatively
unable to confirm the individual's
identity or eligibility for employment
(referred to in this section as a
`tentative nonconfirmation').
``(B) Submission of information.--An individual who
is the subject of a tentative nonconfirmation may
submit to the Secretary or Commissioner, through the
System, information to confirm such individual's
identity or eligibility for employment or to otherwise
contest such tentative nonconfirmation not later than
15 working days after the individual receives notice of
such tentative nonconfirmation.
``(C) Extension.--The 15-day period referred to in
subparagraph (B) may be extended by the Secretary for
good cause at the request of the individual.
``(D) Prohibition on termination for tentative
nonconfirmation.--An employer may not terminate the
employment of an individual based on tentative
nonconfirmation.
``(E) Final determination.--Not later than 10 days
after the individual contests such tentative
nonconfirmation or, in the case of an individual who
fails to contest such tentative nonconfirmation, not
later than 25 days after the date of the initial
tentative nonconfirmation, the Secretary shall provide,
through the system to the employer the results of the
verification. Such results shall be a determination
that--
``(i) confirms the individual's identity
and eligibility for employment in the United
States; or
``(ii) the System is unable to confirm the
individual's identity or eligibility for
employment (referred to in this section as a
`final nonconfirmation').
``(F) Administrative and judicial review.--If the
Secretary, through the System, provides a final
nonconfirmation with respect to an individual, the
individual shall have the right to administrative
review under paragraph (21) and judicial review under
paragraph (22) of such final nonconfirmation.
``(G) Termination of employee.--If an employer
receives a final nonconfirmation with respect to an
individual under paragraph (E), the employer shall
terminate the employment of such individual after the
conclusion of the 30-day period for the individual to
file an administrative appeal as described in paragraph
(21), unless the Secretary or the Commissioner stays
the final nonconfirmation notice pending the resolution
of the administrative appeal or judicial review.
``(H) Right to review and correct system
information.--
``(i) The Secretary, in consultation with
the Commissioner of Social Security, shall
establish procedures to permit an individual to
verify the individual's eligibility for
employment in the United States prior to
obtaining or changing employment, to view the
individual's own records in the System in order
to ensure the accuracy of such records, and to
correct or update the information used by the
System regarding the individual. To the
greatest practicable extent such procedures
shall allow electronic submission of such
information.
``(ii) The Secretary, in consultation with
the Commissioner of Social Security, shall
establish procedures for an Enhanced
Verification System under paragraph (25)
through which an individual who has viewed the
individual's own record may electronically
block he use of the individual's social
security number and may register a phone number
or e-mail address to be contacted upon removal
of the block under the System and remove such
block in order to prevent the fraudulent or
other misuse of a social security account
number, prevent employer misuse of the system,
protect privacy, and limit erroneous non-
confirmations during employment verification.
``(I) Reverification.--
``(i) In general.--It is an unfair
immigration-related employment practice under
section 274B for an employer to reverify an
individual's identity and employment
eligibility unless--
``(I) the individual's work
authorization expires as described in
section 274a.2(b)(1)(vii) of title 8,
Code of Federal Regulations or a
subsequent similar regulation, in which
case--
``(aa) not later than 30
days prior to the expiration of
the individual's work
authorization, the Secretary
shall notify the employer of
such expiration and of the
employer's need to reverify the
individual's employment
eligibility; and
``(bb) the individual may
present, and the employer shall
accept, a receipt for the
application for a replacement
document, extension of work
authorization, or a document
described in clause (i) through
(v) of subparagraph (B) of
subsection (b)(1) in lieu of
the required document by the
expiration date in order to
comply with any requirement to
examine documentation imposed
by this section, and the
individual shall present the
required document within 90
days from the date the
employment authorization
expires. If the actual document
or replacement document is to
be issued by United States
Citizenship and Immigration
Services and the application is
still under review 60 days
after the employment
authorization expiration date,
United States Citizenship and
Immigration Services shall by
the 60th day after the
expiration date of the
employment authorization, issue
a letter for the applicant to
take to the employer which
shall automatically grant the
individual an additional 90
days to present the document or
replacement document; and
``(II) the employer has actual or
constructive knowledge that the
individual is not authorized to work in
the United States; or
``(III) unless otherwise required
by law.
``(ii) Continuing employment.--An employer
may not verify an individual's employment
eligibility if the individual is continuing in
his or her employment as described in section
274a.2(b)(1)(viii) of title 8, Code of Federal
Regulations or any subsequent similar
regulation.
``(4) Design and operation of system.--The Secretary, in
consultation with the Commissioner of Social Security, shall
design and operate the System--
``(A) to maximize reliability and ease of use by
employers and employees in a manner that protects and
maintains the privacy and security of the information
maintained in the System;
``(B) to permit an employer to submit an inquiry to
the System through the Internet or other electronic
media or over a telephone line;
``(C) to respond to each inquiry made by an
employer;
``(D) to maintain a record of each such inquiry and
each such response;
``(E) to track and record any occurrence when the
System is unable to receive such an inquiry;
``(F) to include appropriate administrative,
technical, and physical safeguards to prevent
unauthorized disclosure of personal information during
use, transmission, storage, or disposal of that
information, including the use of encryption, carrying
out periodic testing of the System to detect, prevent,
and respond to vulnerabilities or other failures, and
utilizing periodic security updates;
``(G) to allow for monitoring of the use of the
System and provide an audit capability;
``(H) to have reasonable safeguards, developed in
consultation with the Attorney General, to prevent
employers from engaging in unlawful discriminatory
practices;
``(I) to permit an employer to submit the
attestations required by subsection (b); and
``(J) to permit an employer to utilize any
technology that is consistent with this section and
with any regulation or guidance from the Secretary to
streamline the procedures to comply with the
attestation and employment eligibility verification
requirements contained in this section.
``(5) Limitation on data elements stored.--
``(A) The System and any databases created by the
Commissioner of Social Security or the Secretary for
use in the System shall store only the minimum data
about each individual for whom an inquiry was made
through the System to facilitate the successful
operation of the System, and in no case shall the data
stored be other than--
``(i) the individual's full legal name;
``(ii) the individual's date of birth;
``(iii) the individual's social security
account number or employment authorization
status identification number;
``(iv) the address of the employer making
the inquiry and the dates of any prior
inquiries concerning the identity and
authorization of the individual by the employer
or any other employer and the address of such
employer;
``(v) a record of each prior determination
regarding the individual's identity and
employment eligibility issued through the
System; and
``(vi) in the case of the individual who
successfully contested or appealed a tentative
nonconfirmation or final nonconfirmation,
explanatory information concerning the
successful resolution of any erroneous data or
confusion regarding the identity or eligibility
for employment of the individual, including the
source of that error.
``(B) Information provided pursuant to subsection
(c)(5)(A)(i)-(v) shall be deleted from the System one
year after the date of entry unless the Secretary shall
determine it is relevant to an ongoing determination or
appeal, a review of errors or compensation for errors,
or an ongoing investigation of fraud or misuse of the
system. The Secretary shall not retain any data
pursuant to this subsection after the completion of an
appeal or investigation except as described in
subsection (c)(5)(A)(vi).
``(6) Responsibilities of the commissioner of social
security.--The Commissioner of Social Security shall establish
a reliable, secure method to provide through the System, within
the time periods required by subparagraphs (B) and (C) of
paragraph (2)--
``(A) a confirmation of whether or not the
individual is a United States citizen;
``(B) a determination of whether the name and
social security account number provided, with respect
to an individual, in an inquiry by an employer, match
such information maintained by the Commissioner in
order to confirm the validity of the information
provided;
``(C) a determination of whether such social
security account number was issued to the individual;
and
``(D) a determination described in subparagraph (B)
or (C) of paragraph (2), in a manner that ensures that
other information maintained by the Commissioner is not
disclosed or released to employers through the System.
``(7) Responsibilities of the secretary.--The Secretary
shall establish a reliable, secure method to provide, through
the System, within the time periods required by subparagraphs
(B) and (C) of paragraph (2)--
``(A) a determination of whether the name and alien
identification or authorization number provided, with
respect to an individual, in an inquiry by an employer
match such information maintained by the Secretary in
order to confirm the validity of the information
provided;
``(B) a determination of whether such number was
issued to the individual;
``(C) a determination of whether the individual is
authorized to be employed in the United States; and
``(D) any other related information that the
Secretary determines is appropriate.
``(8) Privacy impact assessment.--The Commissioner of
Social Security and the Secretary shall each complete a privacy
impact assessment as described in section 208 of the E-
Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501
note) with regard to the System.
``(9) Training.--Not later than 6 months before
implementation of the EEVS, the Commissioner of Social Security
and the Secretary shall institute a comprehensive program of
outreach and training for employers regarding the operation of
the verification system described in this section and informing
them of ongoing assistance resources for the implementation and
use of such systems.
``(10) Public education.--Not later than 6 months before
implementation of the EEVS, the Commissioner of Social Security
and the Secretary shall develop a public education campaign
regarding the obligations imposed by this section as well as
instructional materials provided without cost to the public
regarding how to use the EEVS.
``(11) Hotline.--The Secretary shall establish a fully
staffed 24-hour toll-free hotline that shall receive inquiries
from individuals or employers concerning determinations made by
the System and shall identify for an individual, at the time of
inquiry, the particular data that resulted in a determination
that the System was unable to verify the individual's identity
or eligibility for employment.
``(12) Participation.--
``(A) Requirements for participation.--Except as
provided in subparagraphs (D) and (E), the Secretary
shall require employers to participate in the System as
follows:
``(i) Critical employers.--Not later than 6
months after the date of enactment of this Act,
the Secretary shall require all agencies and
departments of the United States (including the
Armed Forces), a State government (including a
State employment agency before making a
referral), or any other employer if it employs
individuals working in a location that is a
Federal, State, or local government building, a
military base, a nuclear energy site, a weapon
site, or an airport, but only to the extent of
such individuals, to participate in the System,
with respect to all individuals hired after the
date the Secretary requires such participation.
``(ii) Large employers.--Not later than 1
year after the date of enactment of this Act
the Secretary shall require an employer with
5,000 or more employees in the United States to
participate in the System, with respect to all
employees hired by the employer after the date
the Secretary requires such participation.
``(iii) Midsized employers.--Not later than
2 years after the date of enactment of this Act
the Secretary shall require an employer with
less than 5,000 employees and 1,000 or more
employees in the United States to participate
in the System, with respect to all employees
hired by the employer after the date the
Secretary requires such participation.
``(iv) Small employers.--Not later than 3
years after the date of the enactment of the
this Act, the Secretary shall require all
employers with less than 1,000 employees in the
United States to participate in the System,
with respect to all employees hired by the
employer after the date the Secretary requires
such participation.
``(B) Requirement to publish.--The Secretary shall
publish in the Federal Register the requirements for
participation in the System for employers described in
clauses (i) through (iv) of subparagraph (A) prior to
the effective date of such requirements.
``(C) Other participation in system.--
Notwithstanding subparagraph (A), the Secretary has the
authority to permit any employer that is not required
to participate in the System under subparagraph (A) to
participate in the System on a voluntary basis.
``(D) Waiver.--
``(i) Authority to provide a waiver.--The
Secretary is authorized to waive or delay the
participation requirements of subparagraph (A)
with respect to any employer or class of
employers if the Secretary provides notice to
Congress of such waiver prior to the date such
waiver is granted.
``(ii) Requirement to provide a waiver.--
The Secretary shall waive or delay the
participation requirements of subparagraph (A)
with respect to any employer or class of
employers until the date that the Comptroller
General of the United States submits the
initial certification described in paragraph
(19)(E) and shall waive or delay such
participation during a year if the Comptroller
General fails to submit a certification of
paragraph (19)(E) for such year.
``(E) Consequence of failure to participate.--If an
employer is required to participate in the System and
fails to comply with the requirements of the System
with respect to an individual--
``(i) such failure shall be treated as a
violation of subsection (a)(1)(B); and
``(ii) a rebuttable presumption is created
that the employer has violated subsection
(a)(1)(A), however, such presumption may not
apply to a prosecution under subsection (e)(1).
``(13) Employer requirements.--
``(A) In general.--An employer that participates in
the System, with respect to the hiring of an individual
for employment in the United States, shall--
``(i) notify the individual of the use of
the System and that the System may be used for
immigration enforcement purposes;
``(ii) obtain from the individual the
documents required by subsection (b)(1) and
record on the form designated by the
Secretary--
``(I) the individual's social
security account number; and
``(II) in the case of an individual
who does not attest that the individual
is a national of the United States
under subsection (b)(2), such
identification or authorization number
that the Secretary shall require;
``(iii) retain such form in electronic,
paper, microfilm, or microfiche form and make
such form available for inspection for the
periods and in the manner described in
subsection (b)(3); and
``(iv) safeguard any information collected
for purposes of the System and protect any
means of access to such information to ensure
that such information is not used for any
purpose other than to determine the identity
and employment eligibility of the individual
and to protect the confidentiality of such
information, including ensuring that such
information is not provided to any person other
than a person who carries out the employer's
responsibilities under this subsection. Failure
to safeguard such information shall be a
violation of subsection (c)(14).
``(B) Confirmation, tentative nonconfirmation, or
final nonconfirmation.--
``(i) Confirmation.--If an employer
receives a determination through the System
under paragraph (3) for an individual, the
employer shall retain either an electronic,
paper, or microfiche form record of such
confirmation for the period required by
subsection (b)(4)(A).
``(ii) Tentative nonconfirmation and
verification.--
``(I) Nonconfirmation.--If an
employer receives a tentative
nonconfirmation with respect to an
individual, the employer shall retain
either an electronic or paper record of
such nonconfirmation for the period
required by subsection (b)(4)(A) and
inform such individual not later than 3
working days after the issuance of such
notice in the manner prescribed by the
Secretary that includes information
regarding the individual's right to
submit information to contest the
tentative nonconfirmation and the
address and telephone numbers
established by the Commissioner and the
Secretary to obtain information on how
to submit such information. The
individual must acknowledge in writing
whether or not the individual chooses
to contest or not contest the tentative
nonconfirmation. The employer shall
submit to the System the individual's
action.
``(II) No contest.--If the
individual does not contest the
tentative nonconfirmation notice within
15 working days of receiving notice
from the individual's employer, the
notice shall become final and the
employer shall retain either an
electronic or paper record of such
final nonconfirmation for the period
required by subsection (b)(4)(A). An
individual's failure to contest a
tentative nonconfirmation may not be
the basis for determining that the
employer acted in a knowing (as defined
in section 274a.1 of title 8, Code of
Federal Regulations, or any
corresponding similar regulation)
manner.
``(III) Contest.--If the individual
contests the tentative nonconfirmation
notice under subclause (I), the
individual shall submit appropriate
information to contest such notice to
the Secretary or Commissioner of Social
Security within 15 working days of
receiving notice from the individual's
employer and shall utilize the
verification process developed under
paragraph (3)(B).
``(IV) Effective period of
tentative nonconfirmation.--A tentative
nonconfirmation notice shall remain in
effect until such notice becomes final
under clause (II) or a final
confirmation notice or final
nonconfirmation notice is issued by the
System.
``(V) Prohibition.--An employer may
not terminate the employment of an
individual based on a tentative
nonconfirmation notice. Nothing in this
clause shall apply to termination of
employment for any legitimate reason
other than because of such a tentative
nonconfirmation.
``(iii) Final nonconfirmation.--
``(I) If an employer has received a
final nonconfirmation with respect to
an individual, the employer shall
terminate the employment of the
individual after the expiration of the
time period prescribed in paragraph
(21) for the individual to file an
administrative appeal of a final
nonconfirmation notice, unless the
Secretary or the Commissioner stays the
final nonconfirmation notice pending
the resolution of the administrative
appeal, or a stay is issued pending
judicial review.
``(II) Continued employment after
final nonconfirmation.--If the employer
continues to employ (or to recruit or
refer) an individual after the
expiration of the period for the
individual to file an administrative
appeal of a final nonconfirmation
notice under paragraph (21) (unless the
Secretary or the Commissioner stayed
the final nonconfirmation notice
pending the resolution of the
administrative appeal or a stay is
issued pending judicial review), a
rebuttable presumption is created that
the employer has violated subsections
paragraphs (1)(A) and (2) of subsection
(a). Such presumption may not apply to
a prosecution under subsection (e)(1).
``(14) Prohibition of unlawful accessing and obtaining of
information.--
``(A) In general.--It shall be unlawful for any
individual other than an employee of the Social
Security Administration or the Department of Homeland
Security specifically charged with maintaining the
System to intentionally and knowingly--
``(i) access the System or the databases
utilized to verify identity or employment
eligibility for the System for any purpose
other than verifying identity or employment
eligibility or modifying the System pursuant to
law or regulation; or
``(ii) obtain the information concerning an
individual stored in the System or the
databases utilized to verify identity or
employment eligibility for the System for any
purpose other than verifying identity or
employment authorization or modifying the
System pursuant to law or regulation.
``(B) Penalties.--
``(i) Unlawful access.--Any individual who
unlawfully accesses the System or the databases
as described in subparagraph (A)(i) shall be
fined no more than $1,000 per individual or
sentenced to no more than 6 months imprisonment
or both per individual whose file was
compromised.
``(ii) Unlawful use.--Any individual who
unlawfully obtains information stored in the
System in the database utilized to verify
identity or employment eligibility for the
System and uses the information to commit
identity theft for financial gain or to evade
security or to assist another in gaining
financially or evading security, shall be fined
no more than $10,000 per individual or
sentenced to no more than 1 year of
imprisonment or both per individual whose
information was obtained and misappropriated.
``(15) Protection from liability.--No employer that
participates in the System and complies in good faith with the
attestation in subsection (b)(1) and the employer requirements
of this section shall be liable under any law for any
employment-related action taken with respect to an individual
in good faith reliance on information provided by the System
regarding that individual.
``(16) Limitation on use of the system.--Notwithstanding
any other provision of law, nothing in this subsection shall be
construed to permit or allow any department, bureau, or other
agency of the United States to utilize any information,
database, or other records used in the System for any purpose
other than as provided for under this subsection.
``(17) Access to database.--No officer or employee of any
agency or department of the United States, other than such an
officer or employee who is responsible for the verification of
employment eligibility or for the evaluation of an employment
eligibility verification program at the Social Security
Administration, the Department of Homeland Security, and the
Department of Labor, may have access to any information,
database, or other records utilized by the System.
``(18) Modification authority.--The Secretary, after notice
is submitted to Congress and provided to the public in the
Federal Register, is authorized to modify the requirements of
this subsection, including requirements with respect to
completion of forms, method of storage, attestations, copying
of documents, signatures, methods of transmitting information,
and other operational and technical aspects to improve the
efficiency, accuracy, and security of the System.
``(19) Annual study and report.--
``(A) Requirement for study.--The Comptroller
General of the United States shall conduct an annual
study of the System as described in this paragraph.
``(B) Purpose of the study.--The Comptroller
General shall, for each year, undertake a study to
determine whether the System meets the following
requirements:
``(i) Demonstrated accuracy of the
databases.--New information and information
changes submitted by an individual to the
System is updated in all of the relevant
databases not later than 3 working days after
submission in at least 99 percent of all cases.
``(ii) Low error rates and delays in
verification.--
``(I) Rates of incorrect final
nonconfirmation notices.--That, during
a year, not more than .5 percent of all
final nonconfirmations provided through
the System during such year are
incorrect.
``(II) Rates of incorrect tentative
nonconfirmation notices.--
``(aa) That, during a year,
not more than 1 percent of
native-born United States
citizens whose identity and
work eligibility are submitted
to the system is the subject of
a tentative nonconfirmation.
``(bb) That, during a year,
not more than 3 percent of
foreign-born, work authorized
individuals whose identity and
work eligibility are submitted
to the System are the subject
of a tentative nonconfirmation.
``(iii) Containment of error rates.--That,
during a year, the rate of incorrect final and
incorrect tentative nonconfirmations shall not
have increased by more than 3 percent over the
previous year.
``(iv) Measurable employer compliance with
system requirements.--
``(I) No discrimination based on
system operations.--The System has not
resulted in increased employment
discrimination on the basis of race or
national origin.
``(II) Requirement for independent
study.--The determination described in
subclause (I) shall be based on an
independent study commissioned by the
Comptroller General in each phase of
expansion of the System.
``(v) Protection of workers' private
information.--At least 97 percent of employers
who participate in the System are in full
compliance with the privacy requirements
described in this subsection.
``(vi) Effective security.--An assessment
of the privacy and confidentiality of the
system and of the overall security of the
system with respect to cybertheft and theft and
misuse of private data.
``(vii) Adequate agency staffing and
funding.--The Secretary and Commissioner of
Social Security have sufficient funding to meet
all of the deadlines and requirements of this
subsection.
``(C) Consultation.--In conducting a study under
this paragraph, the Comptroller General shall consult
with representatives of business, labor, immigrant
communities, State governments, privacy advocates, and
appropriate departments of the United States.
``(D) Requirement for reports.--Not later than 21
months after the date of the enactment of this Act and
annually thereafter, the Comptroller General shall
submit to the Secretary and to Congress a report
containing the findings of the study carried out under
this paragraph.
``(E) Certification.--If the Comptroller General
determines that the System meets the requirements set
out in clauses (i) through (vii) of subparagraph (B)
for a year, the Comptroller shall certify such
determination and submit such certification to Congress
with the report required by subparagraph (D).
``(20) Annual audit and report.--
``(A) Purpose of the audit and report.--The Office
for Civil Rights and Civil Liberties shall conduct
annual audits of the system described in section 403(a)
of the Illegal Immigration Reform and Responsibility
Act of 1996, Public Law 104-208, Div. C, 110 Stat.
3009-546, to assess employer compliance with System
requirements, including civil rights and civil
liberties protections, and compliance with the System
rules and procedures set forth in the Memorandum of
Understanding between employers and the Social Security
Administration and the Department of Homeland Security.
``(B) Requirements of audit.--Annual audits shall
include, but are not limited to, the following
activities:
``(i) Use of testers to check if employers
are using E-Verify as outlined in the
Memorandum of Understanding between employers
and the Department of Homeland Security and the
Social Security Administration, including if
employers are misusing the system to prescreen
job applicants, if employers are giving proper
notification to employees' regarding tentative
non-confirmations, and if employers are taking
adverse actions against workers based upon
tentative non-confirmations.
``(ii) Random audits of employers to
confirm that employers are using the system as
outlined in the Memorandum of Understanding and
in a manner consistent with civil rights and
civil liberties protections.
``(iii) Periodic audits of employers for
which the Special Counsel has received
information or complaints and/or actual charges
of citizenship/national origin discrimination
or document abuse.
``(C) Authority of office for civil rights and
civil liberties.--The Office shall have the authority
to obtain from users of the E-Verify program relevant
documents and testimony and answers to written
interrogatories. The Office shall also have the
authority to conduct site visits, and interview
employees.
``(D) Failure of employers to cooperate.--Employers
that fail to cooperate with the Office for Civil Rights
and Civil Liberties shall be noted in the annual report
set forth below in subsection (E).
``(E) Requirement for reports.--Not later than 18
months after the date of enactment of this Act, and
annually thereafter, the Office for Civil Rights and
Civil Liberties shall submit to the President of the
Senate, the Speaker of the House of Representatives,
and the appropriate committees and subcommittees of
Congress a report containing the findings of the audit
carried out under this paragraph.
``(21) Administrative review.--
``(A) In general.--An individual who receives a
final nonconfirmation may, not later than 30 days after
the date of such notice, file an appeal of such final
nonconfirmation. An individual subject to a final
nonconfirmation may file an appeal thereof after the
30-day period if the appeal is accompanied by evidence
that the individual did not receive timely notice of a
tentative or final nonconfirmation, or that there was
good cause for the failure to file an appeal within the
30-day period.
``(B) Procedures.--
``(i) The Secretary and Commissioner of
Social Security shall develop procedures to
review appeals filed under subparagraph (A) and
to make final determinations on such appeals.
The review on appeal may include any additional
or newly discovered evidence presented by the
appellant during the time of the pending appeal
or subsequently by motion to reopen.
``(ii) The Secretary or the Commissioner
shall stay the final nonconfirmation notice
pending the resolution of the administrative
appeal unless the Secretary or the Commissioner
determines that the administrative appeal is
frivolous, unlikely to succeed on the merits,
or filed for purposes of delay.
``(C) Review for errors.--If a final determination
on an appeal filed under subparagraph (A) results in a
confirmation of an individual's eligibility for
employment in the United States, the administrative
review process shall require the Secretary to determine
if the final nonconfirmation issued for the individual
was the result of--
``(i) an error or negligence on the part of
an employee or official operating or
responsible for the System;
``(ii) an error or negligence on the part
of an employer or entity acting on behalf of
the employer;
``(iii) the decision rules, processes, or
procedures utilized by the System; or
``(iv) erroneous system information that
was not the result of acts or omissions of the
individual.
``(D) Compensation for error.--
``(i) In general.--If the individual was
denied a stay under subparagraph (B)(2) and
Secretary makes a determination under
subparagraph (C) that the final nonconfirmation
issued for an individual was not caused by an
act or omission of the individual or the
employer, the Secretary shall compensate the
individual for lost wages and for reasonable
costs and attorneys' fees not exceeding
$75,000, subject to annual inflation
adjustments per the U.S. Consumer Price Index--
All Urban Consumers (CPI-U) compiled by the
Bureau of Labor Statistics.
``(ii) Calculation of lost wages.--Lost
wages shall be calculated based on the wage
rate and work schedule that prevailed prior to
termination. The individual shall be
compensated for wages lost beginning on the
first scheduled work day after employment was
terminated and ending 180 days after completion
of the administrative review process described
in this paragraph, or judicial review if any,
or the day after the individual is reinstated
or obtains employment elsewhere, whichever
occurs first. If the individual obtains
employment elsewhere at a lower wage rate, the
individual shall be compensated for the
difference in wages for the period ending 180
days after completion of the administrative
review process or judicial review, if any.
``(iii) Limitation on compensation.--For
purposes of determining an individual's
compensation for the loss of employment, such
compensation shall not include any period in
which the individual was ineligible for
employment in the United States.
``(iv) Source of funds.--Compensation or
reimbursement provided under this paragraph
shall not be provided from funds appropriated
in annual appropriations Acts to the Secretary
for the Department of Homeland Security.
``(E) Temporary stay of final administrative
decision denying appeal.--If the appeal is denied, the
Secretary shall stay the decision for a period of 15
days to permit the individual to seek judicial review
of the decision pursuant to paragraph (21).
``(22) Judicial review.--
``(A) In general.--After the Secretary makes a
final determination on an appeal filed by an individual
under paragraph (19), the individual may obtain
judicial review of such determination in a civil action
commenced not later than 90 days after notice of such
decision, or such further time as the Secretary may
allow.
``(B) Jurisdiction.--A civil action for such
judicial review shall be brought in the district court
of the United States for the judicial district in which
the plaintiff resides, or has a principal place of
business, or, if the plaintiff does not reside or have
a principal place of business within any such judicial
district, in the District Court of the United States
for the District of Columbia.
``(C) Answer.--As part of the Secretary's answer to
a complaint for such judicial review, the Secretary
shall file a certified copy of the administrative
record compiled during the administrative review under
paragraph (21), including the evidence upon which the
findings and decision complained of are based. The
court shall have power to enter, upon the pleadings and
transcript of the record, a judgment affirming or
reversing the result of that administrative review,
with or without remanding the cause for a rehearing.
``(D) Compensation for error.--
``(i) In general.--In cases in which the
individual was denied a stay under subparagraph
(19)(B)(2) and such judicial review reverses
the final determination of the Secretary made
under paragraph (21), the court shall
compensate the individual for lost wages and
for reasonable costs and attorneys' fees not
exceeding $75,000, subject to annual inflation
adjustments per the U.S. Consumer Price Index--
All Urban Consumers (CPI-U) compiled by the
Bureau of Labor Statistics.
``(ii) Calculation of lost wages.--Lost
wages shall be calculated based on the wage
rate and work schedule that prevailed prior to
termination. The individual shall be
compensated for wages lost beginning on the
first scheduled work day after employment was
terminated and ending 180 days after completion
of the judicial review described in this
paragraph or the day after the individual is
reinstated or obtains employment elsewhere,
whichever occurs first. If the individual
obtains employment elsewhere at a lower wage
rate, the individual shall be compensated for
the difference in wages for the period ending
180 days after completion of the administrative
and judicial review process.
``(23) Private right of action.--If the Secretary makes a
determination under paragraph (21) that the final
nonconfirmation issued for an individual was caused by an act
or negligence on the part of the employer, the individual may
seek recovery of damages, reinstatement, back pay, and other
appropriate remedies in a civil action against the employer.
Such action must be commenced not later than 90 days after
notice of the Secretary's decision. The action shall be brought
in the district court of the United States for the judicial
district in which the plaintiff resides, or has a principal
place of business, or, if the plaintiff does not reside or have
a principal place of business within any such judicial
district, in the District Court of the United States for the
District of Columbia.
``(24) Statutory construction.--Nothing in this subsection
shall affect any existing rights and obligations of employers
or employees under other Federal, State, or local laws.
``(25) Enhanced verification system.--The Secretary, in
consultation with the Commissioner of Social Security, shall
establish a voluntary self-verification system in order to
prevent the fraudulent or other misuse of the individual's
Social Security number during employment verification, to
prevent employer misuse of the system, to protect privacy, and
to limit erroneous nonconfirmation during employment
verification. The voluntary system shall allow an individual to
verify the individual's own record, to block and unblock the
use of the individual's Social Security number, and to register
a phone number or e-mail address to be contacted upon removal
of the block.
``(A) Voluntary enrollment.--An individual may
enroll in the Enhanced Verification System on a
voluntary basis.
``(B) Select entities required to participate in
the enhanced verification system.--
``(i) Executive departments.--Each
Department of the Federal Government shall
elect to participate in the Enhanced
Verification System and shall comply with the
terms and conditions of such an election.
``(ii) Legislative branch.--Each Member of
Congress, each officer of Congress, and the
head of each agency of the legislative branch
shall elect to participate in the Enhanced
Verification System and shall comply with the
terms and conditions of such an election.
``(C) Electronic access.--The Secretary shall
establish procedures allowing individuals to use a
Personal Identification Number (PIN) or other
biographic information to authenticate the individual's
identity and to block and unblock the individual's
Social Security number electronically.
``(D) Use of enhanced verification system receipt
for purpose of employment verification.--
``(i) Encrypted code.--The Secretary shall
establish procedures to allow an individual who
has authenticated the individual's identity and
unblocked the individual's Social Security
number to receive a single-use encrypted code
which may be presented to the employer instead
of the documents described in subsection (b)
and for the employer to submit the encrypted
single-use code to the system.
``(ii) Confirmation.--An employer who
submits a valid single-use encrypted code with
respect to an individual shall immediately
receive a confirmation through the system.
``(iii) Expedited review process.--The
Secretary shall establish an expedited review
process to allow an individual who has
authenticated the individual's identity and
unblocked the individual's Social Security
number immediately to correct user or system
errors which result in an erroneous non-
confirmation of work eligibility.
``(E) Reports.--
``(i) In general.--The Secretary of
Homeland Security shall submit to the
Committees on the Judiciary of the House of
Representatives and of the Senate reports on
the Enhanced Verification System within 3
months after the end of the third and fourth
years in which the programs are in effect. Such
reports shall--
``(I) assess the degree of
fraudulent attesting of United States
citizenship;
``(II) assess the benefits of the
Enhanced Verification System to
employers and the degree to which it
prevents fraudulent claims of United
States citizenship or legal residence
and strengthens the enforcement of
section 274A;
``(III) assess the benefits of the
Enhanced Verification System to
individuals and the degree to which
they prevent misuse of the System and
erroneous non-confirmations during
employment verification;
``(IV) assess if the Enhanced
Verification System aides in reducing
discrimination during the employment
verification process;
``(V) assess the degree to which
the Enhanced Verification System
protects employee civil liberties and
privacy; and
``(VI) include recommendations on
whether or not Enhanced Verification
System should be continued or modified,
and
``(ii) Report on expansion.--Not later than
6 months after the end of the fourth year in
which the programs are in effect, the Secretary
of Homeland Security shall submit to the
Committees on the Judiciary of the House of
Representatives and the Senate a report--
``(I) evaluating whether the
problems identified by the report
submitted under subsection (i) have
been substantially resolved; and
``(II) describing what actions the
Secretary of Homeland Security shall
take before requiring any individuals
to participate in the Enhanced
Verification System.
``(F) Limitation on use of the confirmation system
and any related systems.--Notwithstanding any other
provision of law, nothing in this subtitle shall be
construed to permit or allow any department, bureau, or
other agency of the United States Government to utilize
any information, data base, or other records assembled
under this subtitle for any other purpose other than as
provided for under the Enhanced Verification System.
``(d) Compliance.--
``(1) Complaints and investigations.--The Secretary shall
establish procedures--
``(A) for a person to file a complaint regarding a
potential violation of paragraph (1)(A), (1)(B), or (2)
of subsection (a);
``(B) for the investigation of any such complaint
that the Secretary determines is appropriate to
investigate; and
``(C) for the investigation of such other violation
of paragraph (1)(A), (1)(B), or (2) of subsection (a)
that the Secretary determines is appropriate.
``(2) Authority in investigations.--
``(A) In general.--In conducting investigations and
hearings under this subsection, officers and employees
of the Department of Homeland Security, if designated
by the Secretary, may compel by subpoena the attendance
of witnesses and the production of evidence at any
designated place in an investigation or case under this
subsection.
``(B) Failure to cooperate.--In case of refusal to
obey a subpoena lawfully issued under subparagraph (A),
the Secretary may request that the Attorney General
apply in an appropriate district court of the United
States for an order requiring compliance with such
subpoena, and any failure to obey such order may be
punished by such court as contempt.
``(C) Department of labor.--The Secretary of Labor
shall have the investigative authority provided under
section 11(a) of the Fair Labor Standards Act of 1938
(29 U.S.C. 211(a)) to ensure compliance with the
provisions of this section, or any regulation or order
issued under this section.
``(D) Agency representation and coordination.--
United States Immigration and Customs Enforcement
officials may not misrepresent to employees or
employers that they are a member of any agency or
organization that provides domestic violence services,
enforces health and safety law or other labor laws,
provides health care services, or any other services
intended to protect life and safety.
``(3) Compliance procedures.--
``(A) Prepenalty notice.--If the Secretary has
reasonable cause to believe that there has been a
violation of a requirement of this section and
determines that further proceedings related to such
violation are warranted, the Secretary shall issue to
the employer concerned a written notice of the
Secretary's intention to issue a claim for a fine or
other penalty. Such notice shall--
``(i) describe the violation;
``(ii) specify the laws and regulations
allegedly violated;
``(iii) disclose the material facts which
establish the alleged violation; and
``(iv) inform such employer that the
employer shall have a reasonable opportunity to
make representations as to why a claim for a
monetary or other penalty should not be
imposed.
``(B) Remission or mitigation of penalties.--
``(i) Petition by employer.--If an employer
receives written notice of a fine or other
penalty in accordance with subparagraph (A),
the employer may file within 45 days from
receipt of such notice, with the Secretary a
petition for the remission or mitigation of
such fine or penalty, or a petition for
termination of the proceedings. The petition
may include any relevant evidence or proffer of
evidence the employer wishes to present, and
shall be filed and considered in accordance
with procedures to be established by the
Secretary.
``(ii) Review by secretary.--If the
Secretary finds that such fine or other penalty
was incurred erroneously, or finds the
existence of such mitigating circumstances as
to justify the remission or mitigation of such
fine or penalty, the Secretary may remit or
mitigate such fine or other penalty on the
terms and conditions as the Secretary
determines are reasonable and just, or order
termination of any proceedings related to the
notice. Such mitigating circumstances may
include good faith compliance and participation
in, or agreement to participate in, the System,
if not otherwise required.
``(iii) Applicability.--This subparagraph
may not apply to an employer that has or is
engaged in a pattern or practice of violations
of paragraph (1)(A), (1)(B), or (2) of
subsection (a) or of any other requirements of
this section.
``(C) Penalty claim.--After considering evidence
and representations offered by the employer pursuant to
subparagraph (B), the Secretary shall determine whether
there was a violation and promptly issue a written
final determination setting forth the findings of fact
and conclusions of law on which the determination is
based and the appropriate penalty.
``(4) Civil penalties.--
``(A) Hiring or continuing to employ unauthorized
aliens.--Any employer that violates paragraph (1)(A) or
(2) of subsection (a) shall pay civil penalties as
follows:
``(i) Pay a civil penalty of not less than
$500 and not more than $4,000 for each
unauthorized alien with respect to each such
violation.
``(ii) If the employer has previously been
fined 1 time within the preceding 12 months
under this subparagraph, pay a civil penalty of
not less than $4,000 and not more than $10,000
for each unauthorized alien with respect to
each such violation.
``(iii) If the employer has previously been
fined more than 1 time within the preceding 12
months under this subparagraph or has failed to
comply with a previously issued and final order
related to any such provision, pay a civil
penalty of not less than $6,000 and not more
than $20,000 for each unauthorized alien with
respect to each such violation.
``(B) Recordkeeping or verification practices.--Any
employer that violates or fails to comply with
paragraph (1)(B) of subsection (a) shall pay a civil
penalty as follows:
``(i) Pay a civil penalty of not less than
$200 and not more than $2,000 for each such
violation or failure.
``(ii) If the employer has previously been
fined 1 time within the preceding 12 months
under this subparagraph, pay a civil penalty of
not less than $400 and not more than $4,000 for
each such violation of failure.
``(iii) If the employer has previously been
fined more than 1 time within the preceding 12
months under this subparagraph or has failed to
comply with a previously issued and final order
related to such requirements, pay a civil
penalty of $6,000 for each such violation or
failure.
``(iv) Special rule governing paperwork
violation.--In the case where an employer
commits a violation of this section that is
deemed to be purely a paperwork violation where
the Secretary fails to establish any intent to
hire an individual who is not unauthorized for
employment in the United States, the Secretary
shall permit the employer to correct such
paperwork error within 30 days of receiving
notice from the Secretary of such violation.
``(C) Other penalties.--Notwithstanding
subparagraphs (A) and (B), the Secretary may impose
additional penalties for violations, including cease
and desist orders, specially designed compliance plans
to prevent further violations, suspended fines to take
effect in the event of a further violation, and in
appropriate cases, the civil penalty described in
subsection (e)(2).
``(5) Judicial review.--
``(A) In general.--An employer adversely affected
by a final determination may, within 45 days after the
date the final determination is issued, obtain judicial
review of such determination.
``(B) Report.--Not later than 180 days after the
date of enactment of the this Act, the Director of the
Federal Judicial Center shall submit to Congress a
report on judicial review of a final determination. The
report shall contain recommendations on jurisdiction
and procedures that shall be instituted to seek
adequate and timely review of such decision.
``(6) Enforcement of orders.--If an employer fails to
comply with a final determination issued against that employer
under this subsection, and the final determination is not
subject to review as provided in paragraph (5), the Attorney
General may file suit to enforce compliance with the final
determination, not earlier than 46 days and not later than 90
days, after the date the final determination is issued, in any
appropriate district court of the United States. The burden
shall remain on the employer to show that the final
determination was not supported by a preponderance of the
evidence.
``(7) Recovery of costs and attorneys' fees.--In any appeal
brought under paragraph (5) or suit brought under paragraph
(6), the employer shall be entitled to recover from the
Secretary reasonable costs and attorneys' fees if such employer
prevails on the merits of the case. The award of attorneys'
fees shall not exceed $75,000. Such amount shall be subject to
annual inflation adjustments per the United States Consumer
Price Index--All Urban Consumers (CPI-U) compiled by the Bureau
of Labor Statistics. Any costs and attorneys' fees assessed
against the Secretary shall be charged against the operating
expenses of the Department of Homeland Security for the fiscal
year in which the assessment is made, and shall not be
reimbursed from any other source.
``(8) Coordination.--An investigation under paragraph
(1)(C) shall be coordinated with the appropriate regional
office of the National Labor Relations Board, the Department of
Labor, and all relevant State and local agencies that are
charged with enforcing workplace standards. Evidence gathered
from such agencies shall be considered in determining whether
the entity under investigation has violated subsection (a).
``(e) Criminal Penalties and Injunctions for Pattern or Practice
Violations.--
``(1) Criminal penalty.--An employer that engages in a
pattern or practice of knowing violations of paragraph (1)(A)
or (2) of subsection (a) shall be fined not more than $20,000
for each unauthorized alien with respect to whom such a
violation occurs, imprisoned for not more than 3 years for the
entire pattern or practice, or both.
``(2) Enjoining of pattern or practice violations.--If the
Secretary or the Attorney General has reasonable cause to
believe that an employer is engaged in a pattern or practice of
employment in violation of paragraph (1)(A) or (2) of
subsection (a), the Attorney General may bring a civil action
in the appropriate district court of the United States
requesting such relief, including a permanent or temporary
injunction, restraining order, or other order against the
employer, as the Secretary deems necessary.
``(f) Adjustment for Inflation.--All penalties and limitations on
the recovery of costs and attorney's fees in this section shall be
increased every 4 years beginning January 2014 to reflect the
percentage increase in the consumer price index for all urban consumers
(all items; United States city average) for the 48 month period ending
with September of the year preceding the year such adjustment is made.
Any adjustment under this subparagraph shall be rounded to the nearest
dollar.
``(g) Prohibition of Indemnity Bonds.--
``(1) Prohibition.--It is unlawful for an employer, in the
hiring of an individual, to require the individual to post a
bond or security, to pay or agree to pay an amount, or
otherwise to provide a financial guaranty or indemnity, against
any potential liability arising under this section relating to
such hiring of the individual.
``(2) Civil penalty.--Any employer which is determined,
after notice and opportunity for mitigation of the monetary
penalty under subsection (d), to have violated paragraph (1)
shall be subject to a civil penalty of $10,000 for each
violation and to an administrative order requiring the return
of any amounts received in violation of such paragraph to the
individual.
``(h) Prohibition on Award of Government Contracts, Grants, and
Agreements.--
``(1) Employers with no contracts, grants, or agreements.--
``(A) In general.--If an employer who does not hold
a Federal contract, grant, or cooperative agreement is
determined by the Secretary to be a repeat violator of
this section the employer shall be debarred from the
receipt of a Federal contract, grant, or cooperative
agreement for a period of 5 years. The Secretary or the
Attorney General shall advise the Administrator of
General Services of such a debarment, and the
Administrator of General Services shall list the
employer on the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs for a period of
5 years.
``(B) Waiver.--The Administrator of General
Services, in consultation with the Secretary and the
Attorney General, may waive operation of this
subsection or may limit the duration or scope of the
debarment.
``(2) Employers with contracts, grants, or agreements.--
``(A) In general.--An employer who holds a Federal
contract, grant, or cooperative agreement and is
determined by the Secretary to be a repeat violator of
this section or is convicted of a crime under this
section, shall be debarred from the receipt of new
Federal contracts, grants, or cooperative agreements
for a period of 5 years.
``(B) Notice to agencies.--Prior to debarring the
employer under subparagraph (A), the Secretary, in
cooperation with the Administrator of General Services,
shall advise any agency or department holding a
contract, grant, or cooperative agreement with the
employer of the Government's intention to debar the
employer from the receipt of new Federal contracts,
grants, or cooperative agreements for a period of 5
years.
``(C) Review.--The decision of whether to debar or
take alternate action under this paragraph shall be
reviewable pursuant to section 9, Federal Acquisition
Regulation.
``(3) Suspension.--Indictments for violations of this
section or adequate evidence of actions that could form the
basis for debarment under this subsection shall be considered a
cause for suspension under the procedures and standards for
suspension prescribed by the Federal Acquisition Regulation.
``(4) Repeat violator defined.--In this subsection, the
term `repeat violator' means, with respect to an employer, that
the employer has violated paragraph (1)(A), (1)(B), or (2) of
subsection (a) more than 1 time and that such violations were
discovered as a result of more than 1 separate investigation of
the employer. A violation of such paragraph (1)(B) that is
inadvertent and unrelated to a violation of subsection
(a)(1)(A) and (a)(2) may not be considered to be a violation of
such paragraph (1)(B) for the purposes of this paragraph.
``(i) Miscellaneous Provisions.--
``(1) Documentation.--In providing documentation or
endorsement of authorization of aliens (other than aliens
lawfully admitted for permanent residence) eligible to be
employed in the United States, the Secretary shall provide that
any limitations with respect to the period or type of
employment or employer shall be conspicuously stated on the
documentation or endorsement.
``(2) Preemption.--The provisions of this section preempt
any State or local law, contract license, or other standard,
requirement, action or instrument from--
``(A) imposing sanctions or liabilities for
employing, or recruiting or referring for employment,
unauthorized aliens, or for working without employment
authorization;
``(B) requiring those hiring, recruiting, or
referring individuals for employment to ascertain or
verify the individuals' employment authorization or to
participate in an employment authorization verification
system, or requiring individuals to demonstrate
employment authorization; and
``(C) requiring, authorizing or permitting the use
of an employment verification system, unless otherwise
mandated by Federal law, for any other purpose
including, but without limitation, such purposes as
verifying the status of renters, determining
eligibility for receipt of benefits, enrollment in
school, obtaining or retaining a business license or
other license, or conducting a background check.
``(j) Backpay Remedies.--Neither backpay nor any other monetary
remedy for unlawful employment practices, workplace injuries or other
causes of action giving rise to liability shall be denied to a present
or former employee on account of: the employer's or the employee's
failure to comply with the requirements of this section in establishing
or maintaining the employment relationship; the employee's violation of
the provisions of federal law related to the employment verification
system set forth in subsection (a); or the employee's continuing status
as an unauthorized alien both during and after termination of
employment.
``(k) Definitions.--In this section--
``(1) Employer.--The term `employer' means any person or
entity, including any entity of the Government of the United
States, hiring an individual for employment in the United
States.
``(2) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(3) Unauthorized alien.--The term `unauthorized alien'
means, with respect to the employment of an alien at a
particular time, that the alien is not at that time either--
``(A) an alien lawfully admitted for permanent
residence; or
``(B) authorized to be so employed by this Act or
by the Secretary.''.
(b) Conforming Amendments.--
(1) Amendments.--
(A) Repeal of e-verify.--Sections 401, 402, 403,
404, and 405 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208; 8 U.S.C. 1324a note) are repealed.
(B) Repeal of reporting requirements.--
(i) Report on earnings of aliens not
authorized to work.--Subsection (c) of section
290 (8 U.S.C. 1360) is repealed.
(ii) Report on fraudulent use of social
security account numbers.--Subsection (b) of
section 414 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C.
1360 note) is repealed.
(C) Repeal of definition.--Paragraph (1)(F) of
section 1961 of title 18, United States Code, is
repealed.
(2) Construction.--Nothing in this subsection or in
subsection (c) of section 274A, as amended by subsection (a),
may be construed to limit the authority of the Secretary to
allow or continue to allow the participation of employers who
participated in the E-Verify program under such sections 401,
402, 403, 404, and 405 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law
104-208; 8 U.S.C. 1324a note) in the Electronic Employment
Verification System established pursuant to such subsection
(d).
(c) Technical Amendments.--
(1) Definition of unauthorized alien.--Sections 218(i)(1)
(8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)),
274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) (8
U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' and
inserting ``274A(h)''.
(2) Document requirements.--Section 274B (8 U.S.C. 1324b)
is amended--
(A) in subsections (a)(6) and (g)(2)(B), by
striking ``274A(b)'' and inserting ``274A(d)''; and
(B) in subsection (g)(2)(B)(ii), by striking
``274A(b)(5)'' and inserting ``274A(d)(9)''.
(d) Employment Verification Advisory Panel.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an
Employment Verification Advisory Panel (hereinafter in the
subsection referred to as the ``Advisory Panel'').
(2) Membership.--The Advisory Panel should consist of
members appointed by the Secretary, after consulting with the
Commissioner of Social Security, the Director of National
Institutes of Standards and Technology, and other appropriate
Federal agencies. Such members should include representatives
from appropriate Federal agencies and private sector
representatives of affected industries and groups, including
immigration policy, human resource, employer and employee
organizations, experts in fields including database security,
employment verification, biometrics, and privacy.
(3) Functions.--
(A) Advice on implementation and deployment.--The
Advisory Panel shall advise the Secretary and the
Commissioner of Social Security on the implementation
and deployment of the verification systems established
under the amendments made by this section, including--
(i) the best means of promoting efficiency,
compliance responsiveness, accuracy, public
education, user support, interoperability, and
cost-effectiveness of the systems established
under this section;
(ii) the best practices and procedures in
order to protect the privacy and identities of
individuals enrolled in the systems established
under this section;
(iii) standards of database accuracy, error
rates, privacy, and measurable compliance with
system rules that must be met before
implementation begins and before each
additional phase of implementation; and
(iv) the best means by which data obtained
through such systems may be used to timely
improve the accuracy of databases maintained by
the Secretary and the Commissioner of Social
Security.
(B) Study and report on identity fraud and
alternatives for strengthening identity
authentication.--
(i) Study.--The Advisory Panel shall
evaluate the vulnerability of the System to
identity fraud and the degree to which
individuals not authorized for employment in
the United States are able to be confirmed by
the System.
(ii) Report.--Not later than 180 days after
its establishment, the Advisory Panel shall
issue a report to the Secretary on alternatives
for strengthening identity authentication and
preventing fraudulent confirmations by the
System. The report shall--
(I) survey available technologies
for identity authentication, including
but not limited to biometric and
biographical identity assurance
systems;
(II) analyze alternatives to
identity assurance technologies,
including the enhanced verification
system described in subsection (c)(25)
of section 274A of the Immigration and
Nationality Act, as amended by this
section;
(III) analyze the technical
feasibility of adding new identity
authentication requirements to the
System described in subsection (c) of
such section, including by
considering--
(aa) process burdens (at
the point of collection,
information processing, etc.);
(bb) performance burdens
(anticipated system
throughputs, scalability,
reconfigurability, etc.);
(cc) accuracy and realistic
failure rates and projected
increases in erroneous
nonconfirmations of work
authorized individuals;
(dd) projected compliance
and non-compliance rates; and
(ee) data Security, data
storage requirements, and added
risk to individuals' privacy;
and
(IV) estimate the costs and
benefits of different strategies for
strengthening identity authentication
and evaluate their overall strengths
and weaknesses, including but not
limited to requirements that employers
collect biometric, biographical, or
other data from new employees instead
of or in addition to the data
identified in subsections (b) and (c)
of such section and requirements that
individuals participate in the enhanced
verification system described in
subsection (c)(25) of such section.
(4) Termination.--The Advisory Panel shall terminate 5
years after the date of the enactment of this Act.
(e) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall take effect on the date that is 180 days after the date
of the enactment of this Act.
SEC. 202. PARITY WITH CIVIL RIGHTS ACT OF 1964.
(a) Prohibition of Employment Discrimination.--Section 274B(a) (8
U.S.C. 1324b(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--It is an unfair immigration-related
employment practice for a person or other entity to
discriminate against any individual (other than an unauthorized
alien defined in section 274A(h)(3)) with respect to--
``(A) the hiring, or recruitment or referral for a
fee, of the individual for employment, the verification
of the individual's eligibility for employment, or the
discharging of the individual from employment--
``(i) because of such individual's national
origin; or
``(ii) because of such individual's
citizenship status; and
``(B) the compensation, terms, or conditions of the
employment of the individual.'';
(2) by amending paragraph (2)(A) to read as follows:
``(A) a person or other entity that employs three
or fewer employees, except for an `employment agency,'
meaning any person regularly undertaking with or
without compensation to procure employees for an
employer or to procure for employees opportunities to
work for an employer and includes an agent of such a
person.'';
(3) by repealing section 274(a)(3) (8 U.S.C. 1324(a)(3));
(4) in paragraph (6), by striking ``if made for the purpose
or with the intent of discriminating against an individual in
violation of paragraph (1)'' and inserting ``in violation of
paragraph (1). Additional information and compliance assistance
will be provided to employers to assist them in complying with
the law'';
(5) by inserting a new paragraph (7) as follows:
``(7) Antidiscrimination requirements of the electronic
employment verification system.--It is an unfair immigration-
related employment practice for a person or other entity, in
the course of the Electronic Employment Verification System
described in section 274A(c)--
``(A) to terminate the employment of an individual
or take any adverse employment action due to a
tentative nonconfirmation issued by such System, with
respect to that individual;
``(B) to use the System for screening of an
applicant for employment prior to making the individual
an offer of employment;
``(C) to use the System for the reverification of
an employee after the employee has satisfied the
process described in (b)(1), unless otherwise required
by Federal law;
``(D) to use the System selectively to exclude
certain individuals from consideration for employment
as a result of a perceived likelihood that additional
verification will be required, beyond what is required
for most job applicants; or
``(E) to use the System to deny workers' employment
benefits or otherwise interfere with their labor
rights, or to engage in any other unlawful employment
practice.'';
(6) by inserting a new paragraph (8) as follows:
``(8) Burden of proof in disparate impact cases.--
``(A) An unlawful immigration-related employment
practice or unfair labor practice case based on
disparate impact is established under this general rule
only if--
``(i) a complaining party demonstrates that
a respondent uses a particular employment
practice that causes a disparate impact on the
basis of national origin or citizenship status
and the respondent fails to demonstrate that
the challenged practice is job related for the
position in question and consistent with
business necessity; or
``(ii) the complaining party makes the
demonstration with respect to an alternative
employment practice and the respondent refuses
to adopt such an alternative employment
practice. An alternative employment practice is
defined as a policy that would satisfy the
employer's legitimate interests without having
a disparate impact on a protected class.
``(B) With respect to demonstrating that a
particular employment practice causes a disparate
impact as described in subparagraph (8)(A), the
complaining party shall demonstrate that each
particular challenged employment practice causes a
disparate impact, except that if the complaining party
can demonstrate to the court that the elements of a
respondent's decisionmaking process are not capable of
separation for analysis, the decisionmaking process may
be analyzed as one employment practice.
``(C) If the respondent demonstrates that a
specific employment practice does not cause the
disparate impact, the respondent shall not be required
to demonstrate that such practice is required by
business necessity.
``(D) A demonstration that an employment practice
is required by business necessity may not be used as a
defense against a claim of intentional discrimination
under this statute.''; and
(7) by inserting a new paragraph (9) as follows:
``(9) Except as otherwise provided in this subchapter, an
unlawful immigration-related unfair employment practice is
established when the charging party demonstrates that
citizenship status or national origin was a motivating factor
for any employment practice, even though other factors also
motivated the practice.''.
(b) Charges and Complaints.--Section 274B(d) (8 U.S.C. 1324b(d)) is
amended--
(1) in paragraph (1), by striking ``within 120 days of the
date of the receipt of the charge'' and ``subject to paragraph
(3)'';
(2) by striking ``The Special Counsel's failure to file
such a complaint within such 120-day period shall not affect
the right of the Special Counsel to investigate the charge or
to bring a complaint before an administrative law judge during
such 90-day period.'' and inserting at the end of paragraph (2)
``Nothing contained in this Act shall relieve any Government
agency or official of his or her responsibility for unlawful
electronic employment verification practices.''; and
(3) by striking paragraph (3).
(c) Increase in Civil Money Penalties.--Section 274B(g)(2)(B)(iv)
(8 U.S.C. 1324b(g)(2)(B)(iv)) is amended--
(1) in subclause (I), by striking ``$250 and not more than
$1,000'' and inserting ``$2,000 and not more than $4,000'';
(2) in subclause (II), by striking ``$2,000 and not more
than $5,000'' and inserting ``$4,000 and not more than
$10,000'';
(3) in subclause (III), by striking ``$3,000 and not more
than $10,000'' and inserting ``$6,000 and not more than
$20,000''; and
(4) in subclause (IV), by striking ``$100 and not more than
$1,000'' and inserting ``$500 and not more than $5,000''.
(d) Orders Finding Violations.--Section 274B(g) (8 U.S.C. 1324b(g))
is amended--
(1) in paragraph (2)(B)(iii), by inserting ``, and to
provide such other relief as the administrative law judge
determines appropriate to make the individual whole'' before
the semicolon at the end;
(2) by inserting the following at the end of paragraph
(2)(B)(viii):
``(ix)(I) No order of the court shall
require the admission or reinstatement of an
individual as a member of a union, or the
hiring, reinstatement, or promotion of an
individual as an employee, or the payment to
him of any back pay, if such individual was
refused admission, suspended, or expelled, or
was refused employment or advancement or was
suspended or discharged for any reason other
than discrimination on account of citizenship
status or national origin or in violation of
this section.
``(II) On a claim in which an individual
proves a violation under subsection (a)(7) and
a respondent demonstrates that the respondent
would have taken the same action in the absence
of the impermissible motivating factor, the
court may grant declaratory relief, injunctive
relief (except as provided in clause (b)), and
attorney's fees and costs demonstrated to be
directly attributable only to the pursuit of a
claim under subsection (a)(7); and shall not
award damages or issue an order requiring any
admission, reinstatement, hiring, promotion, or
payment, described in subparagraph (I).''; and
(3) by inserting at the end of paragraph (2) a new
subparagraph (E) as follows:
``(E) Compensatory and punitive damages.--
``(i) Determination of punitive damages.--A
complaining party may acquire punitive damages
against a respondent (other than the Federal
Government or a Federal Government agency) if
the complaining party demonstrates that the
respondent engaged in discriminatory practice
or practices with malice or reckless
indifference to the federally protected rights
of an aggrieved individual under subsection
(a)(1).
``(ii) Compensatory damages awarded under
this section.--Compensatory damages awarded
under this section shall not include backpay,
interest on backpay, or any other type of
relief authorized under subparagraphs (B) and
(C) of subsection (g)(2).
``(iii) Limitations.--The sum of
compensatory damages awarded under this section
for future pecuniary losses, emotional pain,
suffering, inconvenience, mental anguish, loss
of enjoyment of life, and other nonpecuniary
losses on account of national origin
discrimination shall not exceed $50,000 for
each complaining party. In the case of
citizenship status discrimination, the
limitations should be as follows:
``(I) In the case of a respondent
who has more than 3 and fewer than 101
employees in each of 20 or more
calendar weeks in the current or
preceding calendar year, $50,000.
``(II) In the case of a respondent
who has more than 100 and fewer than
201 employees in each of 20 or more
calendar weeks in the current or
preceding calendar year, $100,000.
``(III) In the case of a respondent
who has more than 200 and fewer than
501 employees in each of 20 or more
calendar weeks in the current or
preceding calendar year, $200,000.
``(IV) In the case of a respondent
who has more than 500 employees in each
of 20 or more calendar weeks in the
current or preceding calendar year,
$300,000.''.
(e) Dissemination of Information.--Section 274B is amended--
(1) in subparagraph (l)(3), by striking ``$10,000,000'' and
inserting ``$50,000,000''; and
(2) by adding at the end the following:
``(m) Reports.--The Secretary of Homeland Security shall make
transactional data and citizenship status data available upon request
by the Special Counsel (appointed under subsection (c) of this
section).''.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
violations occurring on or after such date.
SEC. 203. AMENDMENTS TO THE SOCIAL SECURITY ACT.
(a) Social Security Act.--Section 205(c)(2) of the Social Security
Act (42 U.S.C. 405(c)(2)) is amended by adding at the end the following
new subparagraphs:
``(I)(i) The Commissioner of Social Security shall,
subject to the provisions of title III of the this Act,
establish a reliable, secure method to provide through
the employment verification systems established
pursuant to section 274A of the Immigration and
Nationality Act (referred to in this subparagraph as
the `System'), within the time periods required by such
section--
``(I) a determination of whether the name,
date of birth, employer identification number,
and social security account number of an
individual provided in an inquiry made to the
System by an employer is consistent with such
information maintained by the Commissioner in
order to confirm the validity of the
information provided;
``(II) a determination of the citizenship
status associated with such name and social
security account number, according to the
records maintained by the Commissioner;
``(III) a determination of whether the name
and number belongs to an individual who is
deceased, according to the records maintained
by the Commissioner;
``(IV) a determination of whether the name
and number is blocked in accordance with clause
(ii); and
``(V) a confirmation or a nonconfirmation
described in such subsection (c), in a manner
that ensures that other information maintained
by the Commissioner is not disclosed or
released to employers through the System.
``(ii) The Commissioner of Social Security shall
prevent the fraudulent or other misuse of a social
security account number by establishing procedures
under which an individual who has been assigned a
social security account number may block the use of
such number under the System and remove such block.
``(J) In assigning social security account numbers
to aliens who are authorized to work in the United
States under section 218A of the Immigration and
Nationality Act, the Commissioner of Social Security
shall, to the maximum extent practicable, assign such
numbers by employing the enumeration procedure
administered jointly by the Commissioner, the Secretary
of State, and the Secretary.''.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary such sums as are necessary to carry out the
amendments made by this section.
(2) Limitation on verification responsibilities of
commissioner of social security.--The Commissioner of Social
Security is authorized to perform activities with respect to
carrying out the Commissioner's responsibilities in this title
or the amendments made by this title, but only to the extent
the Secretary has provided, in advance, funds to cover the
Commissioner's full costs in carrying out such
responsibilities. In no case shall funds from the Federal Old-
Age and Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund be used to carry out such
responsibilities.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 180 days after the date of the enactment of
this Act.
TITLE III--VISA REFORMS
SEC. 301. ELIMINATION OF EXISTING BACKLOGS.
(a) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c)
of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to
read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--
``(1) In general.--Subject to subparagraph (B), the
worldwide level of family-sponsored immigrants under this
subsection for a fiscal year is equal to the sum of--
``(A) 480,000; and
``(B) the sum of--
``(i) the number computed under paragraph
(2); and
``(ii) the number computed under paragraph
(3).
``(2) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level of family-sponsored
immigrant visas established for the previous fiscal
year; and
``(B) the number of visas issued under section
203(a), subject to this subsection, during the previous
fiscal year.
``(3) Unused visa numbers from fiscal years 1992 through
2013.--The number computed under this paragraph is the
difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels of
family-sponsored immigrant visas established
for each of fiscal years 1992 through 2012; 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 2012 that were issued after fiscal year
2011 under section 203(a), subject to this
subsection.''.
(b) Worldwide Level of Employment-Based Immigrants.--Section 201(d)
of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to
read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--The worldwide level of employment-based
immigrants under this subsection for a fiscal year is equal to
the sum of--
``(A) 290,000;
``(B) the number computed under paragraph (2); and
``(C) the number computed under paragraph (3).
``(2) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level established under
paragraph (1) for the previous fiscal year; and
``(B) the number of visas actually issued under
section 203(b), subject to this subsection, during the
previous fiscal year.
``(3) Unused visa numbers from fiscal years 1992 through
2009.--The number computed under this paragraph is the
difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels
established under paragraph (1) for fiscal
years 1992 through 2009; and
``(ii) the number of visas actually issued
under section 203(b), subject to this
subsection, during such fiscal years; and
``(B) the number of visas actually issued after
fiscal year 2009 pursuant to an immigrant visa number
issued under section 203(b), subject to this
subsection, during fiscal years 1992 through 2009.''.
(c) Exception to Nondiscrimination.--Section 202(a)(1)(A) (8 U.S.C.
1152(a)(1)(A)) is amended by striking ``201(b)(2)(A)(i)'' and inserting
``201(b)''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date which is 60 days after the date of the enactment of
this Act.
SEC. 302. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LEGAL
PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.
(a) In General.--Section 201(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)) is amended to read as follows:
``(2) Immediate relative.--
``(A) In general.--
``(i) Immediate relative defined.--In this
subparagraph, the term `immediate relative'
means a child, spouse, or parent of a citizen
of the United States or a child or spouse of a
lawful permanent resident (and for each family
member of a citizen or lawful permanent
resident under this subparagraph, such
individual's spouse or child who is
accompanying or following to join the
individual), except that, in the case of
parents, such citizens shall be at least 21
years of age.
``(ii) Previously issued visa.--Aliens
admitted under section 211(a) on the basis of a
prior issuance of a visa under section 203(a)
to their accompanying parent who is an
immediate relative.
``(iii) Parents and children.--An alien who
was the child or the parent of a citizen of the
United States or a child of a lawful permanent
resident at the time of the citizen's or
resident's death if the alien files a petition
under section 204(a)(1)(A)(ii) within 2 years
after such date or prior to reaching 21 years
of age.
``(iv) Spouse.--In the case of an alien who
was the spouse of a citizen of the United
States or spouse of a lawful permanent resident
and was not legally separated from the citizen
or resident at the time of the citizen's or
resident's death, the alien (and each child of
the alien) shall be considered for purposes of
this subsection, to remain an immediate
relative after the date of the citizen's or
resident's death if the spouse files a petition
under section 204(a)(1)(A)(ii) before the
earlier of--
``(I) 2 years after such date; or
``(II) the date on which the spouse
remarries.
``(v) Special rule.--For purposes of this
subparagraph, an alien who has filed a petition
under clause (iii) or (iv) of section
204(a)(1)(A) remains an immediate relative if
the United States citizen or lawful permanent
resident spouse or parent loses United States
citizenship or residence on account of the
abuse.
``(B) Birth during temporary visit abroad.--Aliens
born to an alien lawfully admitted for permanent
residence during a temporary visit abroad.''.
(b) Allocation of Immigrant Visas.--Section 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended--
(1) in paragraph (1), by striking ``23,400'' and inserting
``38,000'';
(2) by striking paragraph (2) and inserting the following:
``(2) Unmarried sons and unmarried daughters of permanent
resident aliens.--Qualified immigrants who are the unmarried
sons or unmarried daughters (but are not the children) of an
alien lawfully admitted for permanent residence shall be
allocated visas in a number not to exceed 60,000, plus any
visas not required for the class specified in paragraph (1).'';
(3) in paragraph (3), by striking ``23,400'' and inserting
``38,000''; and
(4) in paragraph (4), by striking ``65,000'' and inserting
``90,000''.
(c) Technical and Conforming Amendments.--
(1) Rules for determining whether certain aliens are
immediate relatives.--Section 201(f) of the Immigration and
Nationality Act (8 U.S.C. 1151(f)) is amended--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3),'' and inserting ``paragraph (2),'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (3), as redesignated by
subparagraph (C), by striking ``through (3)'' and
inserting ``and (2)''.
(2) Numerical limitation to any single foreign state.--
Section 202 of the Immigration and Nationality Act (8 U.S.C.
1152) is amended--
(A) in subsection (a)(4)--
(i) by striking subparagraphs (A) and (B);
(ii) by redesignating subparagraphs (C) and
(D) as subparagraphs (A) and (B), respectively;
and
(iii) in subparagraph (A), as redesignated
by clause (ii) of this paragraph, by striking
``section 203(a)(2)(B)'' and inserting
``section 203(a)(2)''; and
(B) in subsection (e), in the flush matter
following paragraph (3), by striking ``, or as limiting
the number of visas that may be issued under section
203(a)(2)(A) pursuant to subsection (a)(4)(A)''.
(3) Allocation of immigration visas.--Section 203(h) of the
Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``subsections (a)(2)(A) and
(d)'' and inserting ``subsection (d)'';
(ii) in subparagraph (A), by striking
``becomes available for such alien (or, in the
case of subsection (d), the date on which an
immigrant visa number became available for the
alien's parent),'' and inserting ``became
available for the alien's parent,''; and
(iii) in subparagraph (B), by striking
``applicable'';
(B) by amending paragraph (2) to read as follows:
``(2) Petitions described.--The petition described in this
paragraph is a petition filed under section 204 for
classification of the alien's parent under subsection (a), (b),
or (c) of this section.''; and
(C) in paragraph (3), by striking ``subsections
(a)(2)(A) and (d)'' and inserting ``subsection (d)''.
(4) Procedure for granting immigrant status.--Section 204
of the Immigration and Nationality Act (8 U.S.C. 1154) is
amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting
``or lawful permanent resident'' after
``citizen'';
(II) in clause (ii), by striking
``described in the second sentence of
section 201(b)(2)(A)(i) also'' and
inserting ``, alien child, or alien
parent described in section
201(b)(2)(A)'';
(III) in clause (iii)--
(aa) in subclause (I)(aa),
by inserting ``or legal
permanent resident'' after
``citizen''; and
(bb) in subclause
(II)(aa)--
(AA) in subitems
(AA) and (BB), by
inserting ``or legal
permanent resident;''
after ``citizen'' each
place that term
appears;
(BB) in subitem
(CC), by inserting ``or
legal permanent
resident'' after
``citizen'' each place
that term appears; and
(CC) in subitem
(CC)(bbb), by inserting
``or legal permanent
resident'' after
``citizenship'';
(IV) in clause (iv), by inserting
``or legal permanent resident'' after
``citizen'' each place that term
appears;
(V) in clause (v)(I), by inserting
``or legal permanent resident'' after
``citizen''; and
(VI) in clause (vi)--
(aa) by inserting ``or
legal permanent resident
status'' after ``renunciation
of citizenship''; and
(bb) by inserting ``or
legal permanent resident''
after ``abuser's citizenship'';
(ii) by striking subparagraph (B);
(iii) in subparagraph (C), by striking
``subparagraph (A)(iii), (A)(iv), (B)(ii), or
(B)(iii)'' and inserting ``clause (iii) or (iv)
of subparagraph (A)''; and
(iv) in subparagraph (J), by striking ``or
clause (ii) or (iii) of subparagraph (B)'';
(B) in subsection (a), by striking paragraph (2);
(C) in subsection (c)(1), by striking ``or
preference status''; and
(D) in subsection (h), by striking ``or a petition
filed under subsection (a)(1)(B)(ii)''.
SEC. 303. COUNTRY LIMITS.
Section 202(a) of the Immigration and Nationality Act (8 U.S.C.
1152(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``, (4), and (5)'' and inserting
``and (4)'';
(B) by striking ``subsections (a) and (b) of
section 203'' and inserting ``section 203(a)'';
(C) by striking ``7 percent (in the case of a
single foreign state) or 2 percent'' and inserting ``10
percent (in the case of a single foreign state) or 5
percent''; and
(D) by striking ``such subsections'' and inserting
``such section''; and
(2) by striking paragraph (5).
SEC. 304. PROMOTING FAMILY UNITY.
(a) Waivers of Inadmissibility.--Section 212(a)(9) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) is amended--
(1) in subparagraph (B)--
(A) in clause (iii)--
(i) in subclause (I), by striking ``18
years of age'' and inserting ``21 years of
age'';
(ii) by moving subclause (V) 4 ems to the
right; and
(iii) by adding at the end the following:
``(VI) Clause (i) shall not apply
to an alien for whom an immigrant visa
is available or was available on or
before the date of the enactment of the
CIR ASAP Act of 2013, and is otherwise
admissible to the United States for
permanent residence; and''; and
(B) in clause (v)--
(i) by striking ``spouse or son or
daughter'' and inserting ``spouse, son,
daughter, or parent'';
(ii) by striking ``extreme'';
(iii) by inserting ``, son, daughter,''
after ``lawfully resident spouse''; and
(iv) by striking ``alien.'' and inserting
``alien or, if the Attorney General determines
that a waiver is necessary for humanitarian
purposes, to ensure family unity or is
otherwise in the public interest.''; and
(2) in subparagraph (C), by amending clause (ii) to read as
follows:
``(ii) Exceptions.--Clause (i) shall not
apply to an alien--
``(I) seeking admission more than
10 years after the date of the alien's
last departure from the United States
if, prior to the alien's reembarkation
at a place outside the United States or
attempt to be readmitted from a foreign
contiguous territory, the Secretary of
Homeland Security has consented to the
alien's reapplication for admission; or
``(II) for whom an immigrant visa
is available or was available on or
before the date of the enactment of
this Act, and is otherwise admissible
to the United States for permanent
residence.''.
(b) False Claims and Misrepresentations.--The Immigration and
Nationality Act (8 U.S.C. 1101, et seq.) is amended--
(1) in section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)), by
inserting ``and willfully'' after ``falsely'' each place such
term appears;
(2) in section 212(a)(6)(C)(ii) (8 U.S.C.
1182(a)(6)(C)(ii)), by inserting ``and willfully'' after
``falsely'' each place such term appears;
(3) in section 212(a)(6)(C)(iii) (8 U.S.C.
1182(a)(6)(C)(iii)), by striking ``of clause (i)''; and
(4) by amending section 212(i)(1) (8 U.S.C. 1182(i)(1)) to
read as follows:
``(1) The Attorney General or the Secretary of Homeland
Security may, in the discretion of the Attorney General or the
Secretary, waive the application of subsection (a)(6)(C) in the
case of an immigrant who is the parent, spouse, son, or
daughter of a United States citizen or of an alien lawfully
admitted for permanent residence, or an alien granted
classification under clause (iii) or (iv) of section
204(a)(1)(A), if it is established to the satisfaction of the
Attorney General or the Secretary that the admission to the
United States of such alien would not be contrary to the
national welfare, safety, or security of the United States.''.
SEC. 305. SURVIVING RELATIVES.
(a) Continued Waiver Eligibility for Widows, Widowers and
Orphans.--Section 212(a)(2)(F) is amended to read as follows:
``(F) Continued waiver eligibility for widows,
widowers and orphans.--In the case of an alien who
would have been statutorily eligible for a waiver of
inadmissibility under the Immigration and Nationality
Act but for the death of the qualifying relative, the
alien may be considered for any waiver under the
Immigration and Nationality Act notwithstanding the
death of the qualifying relative upon a showing of
hardship to the alien or a family member, or that the
granting of the waiver is in the public interest.''.
(b) Naturalization of Surviving Relatives.--Section 319(a) of the
Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended by
inserting ``(or, if the spouse is deceased, the spouse was a citizen of
the United States)'' after ``citizen of the United States''.
(c) Protection for the Surviving Relatives of Refugees and
Asylees.--An alien described in section 204(l)(2)(D) of the Immigration
and Nationality Act may have such petition described in paragraph (2)
of section 204(l) or an application for adjustment of status to that of
a person admitted for lawful permanent residence based upon the family
relationship described in such paragraph, and any related applications,
adjudicated notwithstanding the death of the qualifying relative,
regardless of whether the alien is present inside or outside the United
States at the time of the qualifying relative's death or after the
qualifying relative's death.
SEC. 306. EXTENSION OF WAIVER AUTHORITY.
Section 217(c)(8)(A)(iii) of the Immigration and Nationality Act (8
U.S.C. 1187(c)(8)(A)(iii)) is amended--
(1) by striking ``June 30, 2009'' and inserting ``June 30,
2011''; and
(2) by striking ``July 1, 2009'' and inserting ``July 1,
2011''.
SEC. 307. DISCRETIONARY WAIVER FOR LONG-TERM LAWFUL PERMANENT
RESIDENTS.
Section 240A(a) is amended by inserting after paragraph (3) the
following:
``The Attorney General may waive the application of subparagraph (C) to
an individual only if the individual's conviction resulted in a
sentence served of two years or less and the Attorney General
determines in his or her sole discretion that the individual does not
pose a danger to the community or a national security threat and that
subparagraph (C) should be waived for compelling reasons such as to
preserve family unity or because removal is otherwise not in the public
interest.''.
SEC. 308. CONTINUOUS PRESENCE.
Section 240A(d) of the Immigration and Nationality Act (8 U.S.C.
1229b(d)) is amended by striking paragraph (1).
SEC. 309. BAR ON THE REMOVAL OF CERTAIN REFUGEES, PAROLEES OR ASYLEES.
(a) In General.--Chapter 4 of title II of the Immigration and
Nationality Act is amended by inserting after section 237 the following
new section:
``SEC. 237A. BAR ON REMOVAL OF CERTAIN REFUGEES, PAROLEES OR ASYLEES.
``No individual who fled their homeland for fear of persecution
while under the age of 12 years and was later admitted to the United
States as a refugee or parolee or was granted asylum in the United
States shall be removed from the United States.''.
(b) Technical and Conforming Amendment.--The table of sections for
the Immigration and Nationality Act is amended by inserting after the
item relating to section 237 the following new item:
``Sec. 237A. Bar on removal of certain refugees, parolees or
asylees.''.
SEC. 310. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS WHO
ARE NATIVES OF PHILIPPINES.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended by adding at the end the following:
``(F) Aliens who are eligible for an immigrant visa
under paragraph (1) or (3) of section 203(a) and who
have a parent who was naturalized pursuant to section
405 of the Immigration Act of 1990 (8 U.S.C. 1440
note).''.
SEC. 311. FIANCEE OR FIANCE CHILD STATUS PROTECTION.
(a) Definition.--Section 101(a)(15)(K)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(K)(iii)) is amended by inserting
before the semicolon at the end the following: ``if a determination of
the age of such minor child is made using the age of the alien on the
date on which the petition is filed with the Secretary of Homeland
Security to classify the alien's parent as the fiancee or fiance of a
United States citizen (in the case of an alien parent described in
clause (i)) or as the spouse of a United States citizen under section
201(b)(2)(A)(i) (in the case of an alien parent described in clause
(ii))''.
(b) Adjustment of Status Authorized.--Section 214(d) of the
Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) in paragraph (1), by striking the last sentence; and
(3) by inserting after paragraph (1) the following:
``(2)(A) If an alien does not marry the petitioner under
paragraph (1) within 3 months after the alien and the alien's
minor children are admitted into the United States, such alien
and children shall be required to depart from the United
States. If such aliens fail to depart from the United States,
they shall be removed in accordance with sections 240 and 241.
``(B) Subject to subparagraphs (C) and (D), if an alien
marries the petitioner described in section 101(a)(15)(K)(i)
within 3 months after the alien is admitted into the United
States, the Secretary of Homeland Security or the Attorney
General, subject to the provisions of section 245(d), may
adjust the status of the alien, and any minor children
accompanying or following to join the alien, to that of an
alien lawfully admitted for permanent residence on a
conditional basis under section 216 if the alien and any such
minor children apply for such adjustment and are not determined
to be inadmissible to the United States.
``(C) Paragraphs (5) and (7)(A) of section 212(a) shall not
apply to an alien who is eligible to apply for adjustment of
his or her status to an alien lawfully admitted for permanent
residence under this section.
``(D) An alien eligible for a waiver of inadmissibility as
otherwise authorized under this Act shall be permitted to apply
for adjustment of his or her status to that of an alien
lawfully admitted for permanent residence under this
section.''.
(c) Age Determination.--Section 245(d) of the Immigration and
Nationality Act (8 U.S.C. 1155(d)) is amended--
(1) by striking ``(d) The Attorney General'' and inserting
the following:
``(d)(1) The Attorney General''; and
(2) by adding at the end the following:
``(2) A determination of the age of an alien admitted to
the United States under section 101(a)(15)(K)(iii) shall be
made, for purposes of adjustment to the status of an alien
lawfully admitted for permanent residence on a conditional
basis under section 216, using the age of the alien on the date
on which the petition is filed with the Secretary of Homeland
Security to classify the alien's parent as the fiancee or
fiance of a United States citizen (in the case of an alien
parent admitted to the United States under section
101(a)(15)(K)(i)) or as the spouse of a United States citizen
under section 201(b)(2)(A)(i) (in the case of an alien parent
admitted to the United States under section
101(a)(15)(K)(ii)).''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
be effective as if included in the Immigration Marriage Fraud
Amendments of 1986 (Public Law 99-639).
(2) Applicability.--The amendments made by this section
shall apply to all petitions or applications described in such
amendments that--
(A) are pending as of the date of the enactment of
this Act; or
(B) have been denied, but would have been approved
if such amendments had been in effect at the time of
adjudication of the petition or application.
(3) Motion to reopen or reconsider.--A motion to reopen or
reconsider a petition or application described in paragraph
(2)(B) shall be granted if such motion is filed with the
Secretary of Homeland Security or the Attorney General not
later than 2 years after the date of the enactment of this Act
and the Secretary shall use parole authority to permit an alien
outside the United States to pursue a petition or application
that has been reopened.
SEC. 312. EQUAL TREATMENT FOR ALL STEPCHILDREN.
Section 101(b)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(b)(1)(B)) is amended by striking ``, provided the child had
not reached the age of eighteen years at the time the marriage creating
the status of stepchild occurred''.
SEC. 313. SONS AND DAUGHTERS OF FILIPINO WORLD WAR II VETERANS.
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 310
of this Act, is further amended by adding at the end the following:
``(G) Aliens who are eligible for a visa under
paragraph (1) or (3) of section 203(a) and are the son
or daughter of a citizen of the United States who was
naturalized pursuant to section 405 of the Immigration
Act of 1990 (8 U.S.C. 1440 note).''.
SEC. 314. DETERMINATIONS UNDER THE HAITIAN REFUGEE IMMIGRATION FAIRNESS
ACT OF 1998.
(a) In General.--Section 902(d) of the Haitian Refugee Immigration
Fairness Act of 1998 (8 U.S.C. 1255 note) is amended by adding at the
end the following:
``(3) Determinations with respect to children.--
``(A) Use of application filing date.--
Determinations made under this subsection as to whether
an individual is a child of a parent shall be made
using the age and status of the individual on October
21, 1998.
``(B) Application submission by parent.--
Notwithstanding paragraph (1)(C), an application under
this subsection filed based on status as a child may be
filed for the benefit of such child by a parent or
guardian of the child, if the child is physically
present in the United States on such filing date.''.
(b) New Applications and Motions To Reopen.--
(1) New applications.--Notwithstanding section 902(a)(1)(A)
of the Haitian Refugee Immigration Fairness Act of 1998, an
alien who is eligible for adjustment of status under such Act
may submit an application for adjustment of status under such
Act not later than the later of--
(A) 2 years after the date of the enactment of this
Act; or
(B) 1 year after the date on which final
regulations are promulgated to implement this section
and the amendment made by subsection (a).
(2) Motions to reopen.--The Secretary shall establish
procedures for the reopening and reconsideration of
applications for adjustment of status under the Haitian Refugee
Immigration Fairness Act of 1998 that are affected by the
amendment made by subsection (a).
(3) Relationship of application to certain orders.--Section
902(a)(3) of the Haitian Refugee Immigration Fairness Act of
1998 shall apply to an alien present in the United States who
has been ordered excluded, deported, removed, or ordered to
depart voluntarily, and who files an application under
paragraph (1) or a motion under paragraph (2), in the same
manner as such section 902(a)(3) applied to aliens filing
applications for adjustment of status under such Act prior to
April 1, 2000.
(c) Inadmissibility Determination.--Section 902 of the Haitian
Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is
amended--
(1) in subsection (a)(1)(B), by inserting ``(6)(C)(i),''
after ``(6)(A),''; and
(2) in subsection (d)(1)(D), by inserting ``(6)(C)(i),''
after ``(6)(A),''.
SEC. 315. DISCRETIONARY AUTHORITY.
Section 240(c)(4) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(4)) is amended by adding at the end the following:
``(D) Discretion of judge in case of citizen
child.--In the case of an alien subject to removal,
deportation, or exclusion who is the parent of a child
who is a citizen of the United States, the immigration
judge may exercise discretion to decline to order the
alien removed, deported, or excluded from the United
States if the judge determines that such removal,
deportation, or exclusion is clearly against the best
interests of the child, except that this subparagraph
shall not apply to any alien who the judge determines--
``(i) is described in section 212(a)(3) or
237(a)(4); or
``(ii) has engaged in conduct described in
paragraph (8) or (9) of section 103 of the
Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102).''.
SEC. 316. AFFIDAVIT OF SUPPORT.
Section 213A of the Immigration and Nationality Act (8 U.S.C.
1183a) is amended--
(1) in subsection (a)(1)(A) by striking ``125'' and
inserting ``100'';
(2) in subsection (f)(1)(E), by striking ``125'' and
inserting ``100'';
(3) in subsection (f)(4)(B)(i), by striking ``125'' and
inserting ``100''; and
(4) in subsection (f)(5)(A), by striking ``125'' and
inserting ``100''.
SEC. 317. VISA TO PREVENT UNAUTHORIZED MIGRATION.
(a) Worldwide Level of Transitional Visas.--Section 201 of the
Immigration and Nationality Act (8 U.S.C. 1152) is amended by adding at
the end the following:
``(g) Worldwide Level of PUM Immigrants.--The worldwide level of
PUM immigrants is equal to 100,000 for each fiscal year the PUM visa is
authorized.''.
(b) Transition to Safe and Legal Immigration.--Section 203 of the
Immigration and Nationality Act is amended by adding at the end the
following:
``(i) Prevent Unauthorized Migration (PUM) Transitional Visa.--
``(1) In general.--Except as provided in paragraph (2),
aliens subject to the worldwide level specified in section
201(g) for PUM immigrants shall be allotted visas during the
first three fiscal years following 6 months after enactment of
the CIR ASAP Act of 2013 as follows:
``(A) Determination of admission states.--The
Secretary shall determine for the most recent previous
5-fiscal year period for which data are available--
``(i) each country (in this paragraph
referred to as a `transitional visa admission
state') whose nationals represented not less
than 5 percent of the total number of
unauthorized immigrants to the United States
during the 5-fiscal year period; and
``(ii) the percentage of unauthorized
immigrants that nationals of each transitional
visa admission state represented of the total
number of unauthorized immigrants to all
transitional visa admission states during the
5-year period.
``(B) Distribution of visas.--
``(i) For a transitional visa admission
state.--Subject to clause (ii), the percentage
of immigrant visas made available under this
paragraph to nationals of any single
transitional visa admission state shall not
exceed the percentage determined for that
transitional visa admission state in
subparagraph (A)(ii).
``(ii) Redistribution of unused visa
numbers.--If the Secretary of State estimates
that the number of immigrant visas to be issued
to nationals in any state for a fiscal year
under this paragraph is less than the number of
immigrant visas made available to such
nationals under this paragraph for the fiscal
year, the excess visa numbers shall be made
available to nationals of the other states in
proportion to the percentages otherwise
specified in subparagraph (A)(ii).
``(2) Eligibility.--An alien is not eligible for a visa
under this subsection unless the alien--
``(A) at the time of application for such a visa,
is not present in the United States and is not entitled
to an immigrant status under any other provision of the
Immigration and Nationality Act;
``(B) has no other employment-based or family-based
visa application pending;
``(C) submits to a security and law enforcement
background check, according to procedures established
by the Secretary; and
``(D) with regard to education, has completed less
than a 4-year college degree program.
``(3) Requirement with regard to participation in data
collection and study.--Transitional visa holders shall be
required to participate in data collection and study as
described in section 501(b)(1)(G) of this Act that the Labor
Commission deems necessary or helpful to fulfill its purpose
and mission.
``(4) Maintenance of information.--The Secretary of State
shall maintain information on the age, occupation, education
level, and other relevant characteristics of immigrants issued
visas under this subsection and share such information to the
Labor Commission in Title V of this Act as needed.
``(5) Order of consideration.--Immigrant visas made
available each fiscal year under this subsection shall be
issued to eligible qualified immigrants in a random order
established by the Secretary of State.''.
SEC. 318. ADJUSTMENT OF STATUS.
(a) Conditional Permanent Resident Status.--
(1) In general.--
(A) Conditional basis for status.--Notwithstanding
any other provision of law, an alien whose status has
been adjusted under subsection (b) to that of an alien
lawfully admitted for permanent residence shall be
considered to have obtained such status on a
conditional basis subject to the provisions of this
paragraph. Such conditional permanent resident status
shall be valid for a period of 3 years, subject to
termination under paragraph (2).
(B) Notice of requirements.--At the time an alien
obtains permanent resident status on a conditional
basis under subsection (b), the Secretary of Homeland
Security shall provide notice to the alien regarding
the provisions of this section and the requirements of
paragraph (3) to have the conditional basis of such
status removed.
(2) Termination of status.--
(A) In general.--The Secretary shall terminate the
conditional permanent resident status of any alien who
obtained such status under this Act, if the Secretary
determines that the alien ceases to meet the
requirements of subsection (b)(1).
(B) Return to country of origin.--Any alien whose
conditional permanent resident status is terminated
under subparagraph (A) shall be required to return to
their country of origin.
(3) Requirements of timely petition for removal of
condition.--
(A) In general.--In order for the conditional basis
of the permanent resident status obtained by an alien
under subsection (b) to be removed, the alien must file
with the Secretary of Homeland Security, in accordance
with paragraph (4), a petition which requests the
removal of such conditional basis and which provides,
under penalty of perjury, the facts and information so
that the Secretary may make the determination described
in subparagraph (B)(i).
(B) Adjudication of petition to remove condition.--
(i) In general.--If a petition is filed in
accordance with clause (A) for an alien, the
Secretary shall make a determination as to
whether the alien meets the requirements set
out in subparagraphs (A) and (B) of paragraph
(4).
(ii) Removal of conditional basis if
favorable determination.--If the Secretary
determines that the alien meets such
requirements, the Secretary shall notify the
alien of such determination and immediately
remove the conditional basis of the status of
the alien.
(iii) Termination of conditional status if
unfavorable determination.--If the Secretary
determines that the alien does not meet such
requirements, the Secretary shall notify the
alien of such determination and terminate
conditional permanent resident status of the
alien as of the date of the determination.
(C) Time to file petition.--An alien may petition
to remove the conditional basis of lawful resident
status during the period beginning 90 days before and
ending 180 days after either the date that is 3 years
after the date of granting conditional permanent
resident status or any other expiration date of the
conditional permanent resident status provided by the
Secretary in accordance with this Act. The alien shall
be deemed in conditional permanent resident status in
the United States during the period in which the
petition is pending.
(4) Details of petition.--
(A) Contents of petition.--Each petition for an
alien under paragraph (3)(A) shall contain information
to permit the Secretary to determine whether each of
the following requirements is met:
(i) The alien has demonstrated good moral
character during the entire period the alien
has been a conditional permanent resident.
(ii) The alien is in compliance with
subsection (b)(1).
(iii) The alien has not abandoned the
alien's residence in the United States. The
Secretary shall presume that the alien has
abandoned such residence if the alien is absent
from the United States for more than 365 days,
in the aggregate, during the period of
conditional residence, unless the alien
demonstrates that the alien has not abandoned
the alien's residence. An alien who is absent
from the United States due to active service in
the uniformed services has not abandoned the
alien's residence in the United States during
the period of such service.
(iv) The alien has satisfied all Federal
income tax liabilities and is in good standing
with the Internal Revenue Service as described
in (B) of this paragraph.
(v) Where applicable, can establish proof
of registration under the Military Selective
Service Act (50 U.S.C. App. 451 et seq.).
(B) Payment of income taxes.--
(i) In general.--Not later than the date on
which status is adjusted under this section, a
conditional nonimmigrant or conditional
nonimmigrant dependent shall satisfy any
applicable Federal tax liability by
establishing that--
(I) no such tax liability exists;
(II) all outstanding liabilities
have been paid; or
(III) the conditional nonimmigrant
has entered into, and is in compliance
with, an agreement for payment of all
outstanding liabilities with the
Internal Revenue Service.
(ii) Applicable federal tax liability.--For
purposes of (i), the term ``applicable Federal
tax liability'' means liability for Federal
taxes, including penalties and interest, owed
for any year while classified as a conditional
permanent resident for which the statutory
period for assessment of any deficiency for
such taxes has not expired.
(iii) IRS cooperation.--The Secretary of
the Treasury shall establish rules and
procedures under which the Commissioner of
Internal Revenue shall provide documentation
to--
(I) a conditional permanent
resident, upon request, to establish
the payment of all taxes required under
this subsection; or
(II) the Secretary, upon request,
regarding the payment of Federal taxes
by an alien applying for a benefit
under this section.
(iv) Compliance.--The alien may satisfy
proof of compliance with this subsection by
submitting documentation that establishes
that--
(I) no such tax liability exists;
(II) all outstanding liabilities
have been met; or
(III) the alien has entered into,
and is in compliance with, an agreement
for payment of all outstanding
liabilities with the Internal Revenue
Service.
(b) Adjustment of Status.--
(1) Adjustment of status.--Notwithstanding any other
provision of law, and except as otherwise provided in this Act,
the Secretary of Homeland Security may adjust the status of an
alien granted a PUM visa, subject to the conditional basis
described in subsection (a), if the alien demonstrates that the
alien is not inadmissible under paragraph (2) (criminal
grounds), (3) (security grounds), 4(A) and (B) (public charge),
6(E) (smugglers), or 10(C) (child abductors) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)).
(2) Mandatory fee.--Aliens granted a waiver of
inadmissibility from 212(a) not listed in (1) shall pay a $500
fee that shall be deposited into the Security and Prosperity
Account as described in section 502 of the Comprehensive
Immigration Reform ASAP Act of 2013.
(3) Aliens not subject to direct numerical limitations.--
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sections
310, 313, and 317(a) of this Act, is further amended by adding
at the end the following:
``(I) Aliens whose status is adjusted under section
203(i).''.
SEC. 319. RULEMAKING.
The Secretary shall promulgate regulations regarding the timely
filing and processing of applications for visas awarded under section
203(i) of the Immigration and Nationality Act, as added by section
317(b) of this Act.
SEC. 320. UNITED STATES-EDUCATED IMMIGRANTS.
(a) Exemption From Numerical Limitations.--
(1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)),
as amended by sections 310, 313, 317(a), and 318(b)(3) of this
Act, is further amended by adding at the end the following:
``(J) Aliens who have earned a master's or higher
degree from an accredited university in the United
States.
``(K) Aliens who have been awarded medical
specialty certification based on postdoctoral training
and experience in the United States preceding their
application for an immigrant visa under section 203(b).
``(L) Aliens who will perform labor in shortage
occupations designated by the Secretary of Labor for
blanket certification under section 212(a)(5)(A) as
lacking sufficient United States workers able, willing,
qualified, and available for such occupations and for
which the employment of aliens will not adversely
affect the terms and conditions of similarly employed
United States workers.
``(M) Aliens who have earned a master's degree or
higher in science, technology, engineering, or
mathematics and have been working in a related field in
the United States in a nonimmigrant status during the
3-year period preceding their application for an
immigrant visa under section 203(b).
``(N) Aliens described in subparagraph (A) or (B)
of section 203(b)(1) or who have received a national
interest waiver under section 203(b)(2)(B).
``(O) The spouse and minor children of an alien
described in subparagraph (J), (K), (L), (M), or
(N).''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any visa application--
(A) pending on the date of the enactment of this
Act; or
(B) filed on or after such date of enactment.
(b) Labor Certifications.--Section 212(a)(5)(A)(ii) (8 U.S.C.
1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking ``, or'' and inserting a
semicolon;
(2) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(III) is a member of the
professions and has a master's degree
or higher from an accredited university
in the United States or has been
awarded medical specialty certification
based on postdoctoral training and
experience in the United States.''.
(c) Attestation by Health Care Workers.--
(1) Requirement for attestation.--Section 212(a)(5) (8
U.S.C. 1182(a)(5)) is amended by adding at the end the
following:
``(E) Health care workers with other obligations.--
``(i) In general.--An alien who seeks to
enter the United States for the purpose of
performing labor as a physician or other health
care worker is inadmissible unless the alien
submits to the Secretary of Homeland Security
or the Secretary of State, as appropriate, an
attestation that the alien is not seeking to
enter the United States for such purpose during
any period in which the alien has an
outstanding obligation to the government of the
alien's country of origin or the alien's
country of residence.
``(ii) Obligation defined.--In this
subparagraph, the term `obligation' means an
obligation incurred as part of a valid,
voluntary individual agreement in which the
alien received financial assistance to defray
the costs of education or training to qualify
as a physician or other health care worker in
consideration for a commitment to work as a
physician or other health care worker in the
alien's country of origin or the alien's
country of residence.
``(iii) Waiver.--The Secretary of Homeland
Security may waive a finding of inadmissibility
under clause (i) if the Secretary determines
that--
``(I) the obligation was incurred
by coercion or other improper means;
``(II) the alien and the government
of the country to which the alien has
an outstanding obligation have reached
a valid, voluntary agreement, pursuant
to which the alien's obligation has
been deemed satisfied, or the alien has
shown to the satisfaction of the
Secretary that the alien has been
unable to reach such an agreement
because of coercion or other improper
means; or
``(III) the obligation should not
be enforced due to other extraordinary
circumstances, including undue hardship
that would be suffered by the alien in
the absence of a waiver.''.
(2) Effective date and application.--
(A) Effective date.--The amendment made by
paragraph (1) shall become effective 180 days after the
date of the enactment of this Act.
(B) Application by the secretary.--The Secretary
shall begin to carry out section 212(a)(5)(E) of the
Immigration and Nationality Act, as added by paragraph
(1), not later than the effective date described in
subparagraph (A), including the requirement for the
attestation and the granting of a waiver described in
such section, regardless of whether regulations to
implement such section have been promulgated.
SEC. 321. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.
(a) Adjustment of Status.--Section 245 (8 U.S.C. 1255), as amended
by this title, is further amended by adding at the end the following:
``(n) Adjustment of Status for Employment-Based Immigrants.--
``(1) Eligibility.--The Secretary of Homeland Security
shall promulgate regulations to provide for the filing of an
application for adjustment of status by an alien (and any
eligible dependents of such alien), regardless of whether an
immigrant visa is immediately available at the time the
application is filed, if the alien--
``(A) has an approved petition under subparagraph
(E) or (F) of section 204(a)(1); or
``(B) at the discretion of the Secretary, has a
pending petition under subparagraph (E) or (F) of
section 204(a)(1).
``(2) Visa availability.--An application filed pursuant to
paragraph (1) may not be approved until an immigrant visa
becomes available.
``(3) Fees.--If an application is filed pursuant to
paragraph (1), the beneficiary of such application shall pay a
supplemental fee of $500. Such fee may not be charged to any
dependent accompanying or following to join such beneficiary.
``(4) Extension of employment authorization and advanced
parole document.--
``(A) In general.--The Secretary of Homeland
Security shall provide employment authorization and
advanced parole documents, in 3-year increments, to
beneficiaries of an application for adjustment of
status based on a petition that is filed or, at the
discretion of the Secretary, pending, under
subparagraph (E) or (F) of section 204(a)(1).
``(B) Fee adjustments.--Application fees under this
subsection may be adjusted in accordance with the 3-
year period of validity assigned to the employment
authorization or advanced parole documents under
subparagraph (A).''.
(b) Use of Fees.--Section 286 (8 U.S.C. 1356) is amended--
(1) in subsection (m)--
(A) by striking ``(m) Notwithstanding any other
provisions of law,'' and inserting the following:
``(m) Immigration Examinations Fee Account.--
``(1) In general.--Notwithstanding any other provision of
law, all fees collected under section 245(o)(3) and'';
(B) by striking ``: Provided, however, That all''
and inserting the following:
``(2) Virgin islands; guam.--All''; and
(C) by striking ``: Provided further, That fees''
and inserting the following:
``(3) Cost recovery.--Fees'';
(2) in subsection (n)--
(A) by striking ``(n) All deposits'' and inserting
the following:
``(4) Use of funds.--
``(A) In general.--Except as provided under
subparagraph (B), all deposits''; and
(B) adding at the end the following:
``(B) Supplemental fee for adjustment of status of
employment-based immigrants.--Any amounts deposited
into the Immigration Examinations Fee Account that were
collected under section 245(o)(3) shall remain
available until expended by the Secretary of Homeland
Security for backlog reduction and clearing security
background check delays.'';
(3) in subsection (o), by striking ``(o) The Attorney
General'' and inserting the following:
``(5) Annual financial report to congress.--The Attorney
General''; and
(4) in subsection (p), by striking ``(p) The provisions set
forth in subsections (m), (n), and (o) of this section'' and
inserting the following:
``(6) Applicability.--The provisions set forth in this
subsection shall''.
SEC. 322. RETURN OF TALENT PROGRAM.
(a) Short Title.--This section may be cited as the ``Return of
Talent Act''.
(b) Establishment.--
(1) In general.--Title III (8 U.S.C. 1401 et seq.) is
amended by inserting after section 317 the following:
``SEC. 317A. TEMPORARY ABSENCE OF PERSONS PARTICIPATING IN THE RETURN
OF TALENT PROGRAM.
``(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall establish the Return of
Talent Program to permit eligible aliens to temporarily return to the
alien's country of citizenship in order to make a material contribution
to that country if the country is engaged in postconflict or natural
disaster reconstruction activities, for a period not longer than 2
years, unless an exception is granted under subsection (d).
``(b) Eligible Alien.--An alien is eligible to participate in the
Return of Talent Program established under subsection (a) if the alien
meets the special immigrant description under section 101(a)(27)(N).
``(c) Family Members.--The spouse, parents, siblings, and any minor
children of an alien who participates in the Return of Talent Program
established under subsection (a) may return to such alien's country of
citizenship with the alien and reenter the United States with the
alien.
``(d) Extension of Time.--The Secretary of Homeland Security may
extend the 2-year period referred to in subsection (a) upon a showing
that circumstances warrant that an extension is necessary for
postconflict or natural disaster reconstruction efforts.
``(e) Residency Requirements.--An immigrant described in section
101(a)(27)(N) who participates in the Return of Talent Program
established under subsection (a), and the spouse, parents, siblings,
and any minor children who accompany such immigrant to that immigrant's
country of citizenship, shall be considered, during such period of
participation in the program--
``(1) for purposes of section 316(a), physically present
and residing in the United States for purposes of
naturalization within the meaning of that section; and
``(2) for purposes of section 316(b), to meet the
continuous residency requirements in that section.
``(f) Oversight and Enforcement.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall oversee
and enforce the requirements of this section.''.
(2) Table of contents.--The table of contents (8 U.S.C.
1101 et seq.) is amended by inserting after the item relating
to section 317 the following:
``317A. Temporary absence of persons participating in the Return of
Talent Program.''.
(c) Eligible Immigrants.--Section 101(a)(27) (8 U.S.C. 1101(a)(27))
is amended by adding at the end the following:
``(N) an immigrant who--
``(i) has been lawfully admitted to the
United States for permanent residence;
``(ii) demonstrates an ability and
willingness to make a material contribution to
the postconflict or natural disaster
reconstruction in the alien's country of
citizenship; and
``(iii) as determined by the Secretary of
State in consultation with the Secretary of
Homeland Security--
``(I) is a citizen of a country in
which Armed Forces of the United States
are engaged, or have engaged in the 10
years preceding such determination, in
combat or peacekeeping operations;
``(II) is a citizen of a country
where authorization for United Nations
peacekeeping operations was initiated
by the United Nations Security Council
during the 10 years preceding such
determination; or
``(III) is a citizen of a country
which received, during the preceding 2
years, funding from the Office of
Foreign Disaster Assistance of the
United States Agency for International
Development in response to a declared
disaster in such country by the United
States Ambassador, the Chief of the
U.S. Mission, or the appropriate
Assistant Secretary of State, that is
beyond the ability of such country's
response capacity and warrants a
response by the United States
Government.''.
(d) Report to Congress.--Not later than 2 years after the date of
the enactment of this Act, the Secretary, in consultation with the
Secretary of State, shall submit a report to Congress that describes--
(1) the countries of citizenship of the participants in the
Return of Talent Program established under section 317A of the
Immigration and Nationality Act, as added by subsection (b);
(2) the postconflict or natural disaster reconstruction
efforts that benefitted, or were made possible, through
participation in the program; and
(3) any other information that the Secretary determines to
be appropriate.
(e) Regulations.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
carry out this section and the amendments made by this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to United States Citizenship and Immigration Services such
sums as may be necessary to carry out this section and the amendments
made by this section.
TITLE IV--EARNED LEGALIZATION OF UNDOCUMENTED INDIVIDUALS
Subtitle A--Conditional Nonimmigrants
SEC. 401. CONDITIONAL NONIMMIGRANTS.
(a) In General.--
(1) Required registration.--An alien as described in this
section shall register with the Department of Homeland Security
by submitting biometric identification pursuant to subsection
(b) and filing an application with the Secretary that
demonstrates the alien's compliance with the requirements
listed in subsections (b) through (e).
(2) Classification.--Notwithstanding any other provision of
law, including section 244(h) of the Immigration and
Nationality Act (8 U.S.C. 1254a(h)), the Secretary shall
classify an alien as a conditional nonimmigrant or conditional
nonimmigrant dependent if the alien registers pursuant to
paragraph (1) and is determined to meet the requirements listed
in this section.
(b) Compliance With Security and Law Enforcement Background
Checks.--Registration and classification as a conditional nonimmigrant
or conditional nonimmigrant dependent under this section is contingent
upon the submission of all required biometric data in accordance with
procedures established by the Secretary.
(c) Physical Presence.--
(1) Presence in the united states.--The alien shall
establish that the alien--
(A) was present in the United States on the date of
the introduction of this Act in the United States House
of Representatives;
(B) has been continuously present in the United
States since the date described in subparagraph (A);
and
(C) was not legally present in the United States on
the date of the introduction of this Act in the United
States House of Representatives under any
classification described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15))
or has been in violation of status on or before such
date.
(2) Continuous presence.--For purposes of this subsection,
an absence from the United States without authorization for a
continuous period of more than 180 days between the date of the
enactment of this Act and the beginning of the application
period for classification as a conditional nonimmigrant or
conditional nonimmigrant dependent shall constitute a break in
continuous physical presence. Individuals absent under advance
parole shall not be considered as failing to meet the
continuous physical presence requirement.
(d) Otherwise Admissible to the United States.--
(1) In general.--An alien shall be eligible for
classification as a conditional nonimmigrant or conditional
nonimmigrant dependent if the Secretary determines that the
alien--
(A) is not inadmissible to the United States under
section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)), except as provided in paragraph
(2);
(B) has not ordered, incited, assisted, or
otherwise participated in the persecution of any person
on account of race, religion, nationality, membership
in a particular social group, or political opinion; and
(C) is not an alien--
(i) who has been convicted by final
judgment of a particularly serious crime and
constitutes a danger to the community of the
United States;
(ii) for whom there are reasonable grounds
for believing that the alien has committed a
particularly serious crime outside the United
States before arriving in the United States; or
(iii) for whom there are reasonable grounds
for regarding the alien as a danger to the
security of the United States; and
(iv) who has been convicted of a felony or
3 or more misdemeanors for which the alien has
served not less than 12 months of imprisonment
in the aggregate.
(2) Grounds of inadmissibility.--In determining an alien's
admissibility under paragraph (1)(A)--
(A) paragraphs (5), (6), (7), (9), and (10)(B) of
section 212(a) of such Act shall not apply;
(B) the Secretary may not waive--
(i) subparagraph (A), (B), (C), (D)(ii),
(E), (G), (H), or (I) of section 212(a)(2) of
such Act (relating to criminals);
(ii) section 212(a)(3) of such Act
(relating to security and related grounds); or
(iii) subparagraph (A), (C), or (D) of
section 212(a)(10) of such Act (relating to
polygamists and child abductors);
(C) the Secretary may waive the application of any
provision of section 212(a) of such Act not listed in
subparagraph (B) on behalf of an individual alien for
humanitarian purposes, to ensure family unity, or if
such waiver is otherwise in the public interest; and
(D) nothing in this paragraph shall be construed as
affecting the authority of the Secretary other than
under this paragraph to waive the provisions of section
212(a) of such Act.
(3) Applicability of other provisions.--Sections 240B(d)
and 241(a)(5) of the Immigration and Nationality Act (8 U.S.C.
1229c(d) and 1231(a)(5)) shall not apply to an alien who is
applying for classification under this section for conduct that
occurred before the date of enactment of this Act.
(e) Contributions to the United States Through Employment,
Education, Military Service or Other Commitment to the Community.--
(1) In general.--The Secretary shall not accept the
registration of an alien, or classify an alien as a conditional
nonimmigrant or conditional nonimmigrant dependent unless the
alien attests, under penalty of perjury, that he or she is
contributing to the United States through one or more of the
following enterprises--
(A) the alien is employed full-time, part-time, or
seasonally in the United States, is self-employed, or
is actively seeking employment;
(B) is enrolled full- or part-time in an accredited
secondary or post-secondary school, university, or
other institution of higher education, or an accredited
vocational, technical, or other training program;
(C) is a member of the active or reserve Armed
Services, the National Guard, or other government
sponsored civil service program; or
(D) otherwise establishes, to the satisfaction of
the Secretary, that the alien is an active volunteer or
community member.
(2) Exemptions.--The requirements in paragraph (1) shall
not apply to any individual who, at the time of registration--
(A) is 65 years of age or older, has a physical or
mental disability, is pregnant, is the primary
caregiver to a child under the age of 16 or to an
elderly or disabled person, or is on official extended
medical leave;
(B) is the spouse of a United States citizen or
lawful permanent resident;
(C) is a child 21 years of age or younger of a
United States citizen or lawful permanent resident; or
(D) has been physically present in the United
States for a continuous period of not less than 5 years
immediately preceding the date of enactment of this
Act, and had not yet reached the age of 16 years at the
time of initial entry and had not yet reached the age
of 35 years on the date of the enactment of this Act.
(3) Definitions.--In this subtitle:
(A) Institution of higher education.--The term
``institution of higher education'' has the meaning
given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(B) Uniformed services.--The term ``uniformed
services'' has the meaning given that term in section
101(a) of title 10, United States Code.
(f) Special Rule for Spouses and Children.--Notwithstanding any
other provision of law, the Secretary shall classify the spouse or
child of a conditional nonimmigrant as a conditional nonimmigrant
dependent, or provide the spouse or child with a conditional
nonimmigrant dependent visa if--
(1) the spouse or child is not otherwise inadmissible to
the United States as described in subsection (d);
(2) in the case of a child, was 21 years of age or younger
on the date of enactment of this Act; or
(3) in the case of a spouse, was married to the conditional
nonimmigrant on or before the date of enactment and is married
at the time of the application;
(4) except that the spouse or child of an alien who was
subsequently classified as a conditional nonimmigrant under
this Act may apply for classification as a conditional
nonimmigrant if the spousal or parental relationship has
terminated and--
(A) the termination of the relationship with such
spouse or parent was connected to domestic violence;
and
(B) the spouse or child has been battered or
subjected to extreme cruelty by the spouse or parent
who is a conditional nonimmigrant.
(g) Application Procedures, Fee and Penalty.--
(1) Application procedures.--For purposes of establishing
enrollment in this program, an application shall be considered
complete if it includes appropriate biometric data, applicable
fees, penalties through fines, and answers fully and completely
all questions attesting to eligibility as described in
subsections (a) through (f). The Secretary may require evidence
upon initial submission of the application sufficient to
establish prima facie eligibility for conditional nonimmigrant
or conditional nonimmigrant dependent status. The Secretary
may, at his or her discretion, require additional evidence or
an interview to make a final determination that an alien has
established eligibility for classification.
(2) Application fee and penalty.--
(A) Application fee.--The Secretary shall impose a
fee for filing an application under this section. Such
fee shall be sufficient to cover the administrative and
other expenses incurred in connection with the review
of such applications.
(B) Penalty.--
(i) In general.--Except as provided under
clause (ii), an alien filing an application
under this section shall submit to the
Secretary, in addition to the fee required
under subparagraph (A), a fine of $500.
(ii) Exception.--An alien who is classified
as a conditional nonimmigrant who qualifies for
classification based on the exemption in
subsection (e)(2)(D) or a conditional
nonimmigrant dependent because he or she was
younger than 21 years of age on the date of
enactment of this Act shall not be required to
pay a fine under this paragraph.
(C) Disposition of fees and fines.--
(i) Fees.--Fees collected under this
paragraph shall be deposited into the
Immigration Examination Fee Account and remain
available as provided under subsections (m) and
(n) of section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356).
(ii) Fines.--Fines collected under this
paragraph shall be deposited into the Security
and Prosperity Account established under
section 286(w) of such Act.
(h) Treatment of Applicants.--
(1) In general.--An alien who files an application under
this section to become a conditional nonimmigrant or a
conditional nonimmigrant dependent shall be considered enrolled
in the program pursuant to subsection (a)(2) until such time as
a final determination is made on the application for
classification. Following submission of biometric data pursuant
to subsection (b) and successful clearance of the Secretary's
security and criminal background checks, a registered alien--
(A) shall be granted employment authorization
pending final adjudication of the alien's application;
(B) shall be granted permission to travel abroad;
(C) may not be detained for immigration purposes,
determined inadmissible or deportable, or removed
pending final adjudication of the alien's application,
unless the alien, due to subsequent conduct or criminal
conviction, becomes ineligible for conditional
nonimmigrant classification; and
(D) may not be considered an unauthorized alien (as
defined in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3))) until
employment authorization under subparagraph (A) is
denied.
(2) Document of authorization.--The Secretary shall provide
each alien described in paragraph (1) with a counterfeit-
resistant document of authorization that--
(A) meets all current requirements established by
the Secretary for travel documents, including the
requirements under section 403 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note); and
(B) reflects the benefits and status set forth in
paragraph (1).
(3) Before application period.--If an alien is apprehended
between the date of the enactment of this Act and the date on
which the alien files an application under this section, and
the alien can establish prima facie eligibility as a
conditional nonimmigrant or a conditional nonimmigrant
dependent, the alien shall not be detained and the Secretary
shall provide the alien with a reasonable opportunity to file
an application under this section.
(4) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, if an
immigration judge determines that an alien who is in removal
proceedings has made a prima facie case of eligibility for
classification as a conditional nonimmigrant or a conditional
nonimmigrant dependent, the judge shall administratively close
such proceedings and permit the alien a reasonable opportunity
to apply for such classification.
(5) Relationships of application to certain orders.--
(A) In general.--An alien who is present in the
United States and has been ordered excluded, deported,
removed, or ordered to depart voluntarily from the
United States under any provision of the Immigration
and Nationality Act--
(i) notwithstanding such order, may apply
for classification as a conditional
nonimmigrant or conditional nonimmigrant
dependent under this subtitle;
(ii) shall not be required to file a
separate motion to reopen, reconsider, or
vacate the exclusion, deportation, removal, or
voluntary departure order; and
(iii) the filing of an application for
conditional nonimmigrant or conditional
nonimmigrant dependent status shall stay the
removal of the alien pending final adjudication
of the application, unless the removal or
detainment of the alien is based on criminal or
national security-related grounds that would
render the alien ineligible under this section.
(B) Application granted.--If the Secretary grants
the application described in subparagraph (A)(i), the
Secretary shall cancel the order described in
subparagraph (A).
(C) Application denied.--If the Secretary renders a
final administrative decision to deny the application
described in subparagraph (A)(i), the order described
in subparagraph (A) shall be effective and enforceable
to the same extent as if the application had not been
made.
(i) Classification.--
(1) Benefits and documentation.--If the Secretary
determines that an alien is eligible for classification as a
conditional nonimmigrant or conditional nonimmigrant dependent,
the alien shall be entitled to all benefits described in
subsection (h)(1). The Secretary may authorize the use of a
document described in subsection (h)(2) as evidence of such
classification or may issue additional documentation as
evidence of classification as a conditional nonimmigrant or
conditional nonimmigrant dependent.
(2) Period of authorized stay.--
(A) In general.--Except as provided under
subparagraph (C), the period of authorized stay for a
conditional nonimmigrant or a conditional nonimmigrant
dependent shall be 6 years from the date on which such
status is conferred.
(B) Extension.--The Secretary may extend the period
described in subparagraph (A) in additional 5-year
increments provided that the alien continues to meet
the requirements of this section.
(j) Termination of Benefits.--
(1) In general.--Any benefit provided to an alien seeking
classification as a conditional nonimmigrant or conditional
nonimmigrant dependent, or who is classified as such, under
this section shall terminate if--
(A) the Secretary determines that the alien is
ineligible for such classification and all review
procedures under section 603 have been exhausted or
waived by the alien;
(B) the alien has used documentation issued under
this section for unlawful or fraudulent purposes; or
(C) in the case of the spouse or child of an alien
applying for classification as a conditional
nonimmigrant or classified as a conditional
nonimmigrant under this section, the benefits for the
principal alien are terminated unless benefits are
terminated due to the death of the principal applicant;
provided that the spouse or child shall be given a
reasonable opportunity to apply independently for
classification under this section.
(k) Dissemination of Information on Conditional Nonimmigrant
Program.--During the 12-month period immediately following the issuance
of regulations implementing this section, the Secretary, in cooperation
with entities approved by the Secretary, shall broadly disseminate
information respecting conditional nonimmigrant or conditional
nonimmigrant dependent classification under this section and the
requirements to be satisfied to obtain such classification. The
Secretary shall disseminate information to employers and labor unions
to advise them of the rights and protections available to them and to
workers who file applications under this section. Such information
shall be broadly disseminated, in the principal languages, as
determined by the Secretary, spoken by aliens who would qualify for
classification under this section, including to television, radio, and
print media to which such aliens would have access.
(l) Construction Clause.--Nothing in this subsection shall be
construed to prevent an alien described in this section from filing an
application for an immigration benefit in accordance with any other
provision of law.
SEC. 402. ADJUSTMENT OF STATUS FOR CONDITIONAL NONIMMIGRANTS.
(a) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, including section 244(h) of the Immigration and
Nationality Act (8 U.S.C. 1254a(h)), the Secretary may adjust
the status of a conditional nonimmigrant or a conditional
nonimmigrant dependent to that of an alien lawfully admitted
for permanent residence if the conditional nonimmigrant or
conditional nonimmigrant dependent satisfies the applicable
requirements under this subsection.
(2) Fulfillment of conditional requirements.--A conditional
nonimmigrant applying for adjustment of status under this
section shall establish that during the 5-year period
immediately preceding the application for adjustment of status,
he or she has fulfilled the requirements of the alien's
conditional status by demonstrating that the alien--
(A) has not been convicted of any offenses that
would render the alien inadmissible as described in
subsection (b);
(B) has satisfied all past or current Federal
income tax liabilities and is in good standing with the
Internal Revenue Service as described in subsection
(c);
(C) can establish that he or she has contributed to
the community through employment, education, military
service or other enterprise as described in subsection
(d);
(D) has demonstrated sufficient mastery of basic
English skills as described in subsection (e); and
(E) where applicable, can establish proof of
registration under the Military Selective Service Act
(50 U.S.C. App. 451 et seq.).
(b) Admissible Under Immigration Laws.--A conditional nonimmigrant
or conditional nonimmigrant dependent applying for adjustment of status
under this section shall establish that he or she is not inadmissible
under section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), except for any provision under that section that is not
applicable or waived under paragraph (2) or (3) of section 401(d). For
purposes of an application filed under this section, any prior waiver
of inadmissibility granted to an alien under section 401(d)(2) shall
remain in effect with respect to the specific conduct considered by the
Secretary at the time of classification under section 401.
(c) Payment of Income Taxes.--
(1) In general.--Not later than the date on which status is
adjusted under this section, a conditional nonimmigrant or
conditional nonimmigrant dependent shall satisfy any applicable
Federal tax liability by establishing that--
(A) no such tax liability exists;
(B) all outstanding liabilities have been paid; or
(C) the conditional nonimmigrant has entered into,
and is in compliance with, an agreement for payment of
all outstanding liabilities with the Internal Revenue
Service.
(2) Applicable federal tax liability.--For purposes of
paragraph (1), the term ``applicable Federal tax liability''
means liability for Federal taxes, including penalties and
interest, owed for any year while classified as a conditional
nonimmigrant or conditional nonimmigrant dependent for which
the statutory period for assessment of any deficiency for such
taxes has not expired.
(3) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner of
Internal Revenue shall provide documentation to--
(A) a conditional nonimmigrant or conditional
nonimmigrant dependent, upon request, to establish the
payment of all taxes required under this subsection; or
(B) the Secretary, upon request, regarding the
payment of Federal taxes by an alien applying for a
benefit under this section.
(4) Compliance.--The alien may satisfy proof of compliance
with this subsection by submitting documentation that
establishes that--
(A) no such tax liability exists;
(B) all outstanding liabilities have been met; or
(C) the alien has entered into, and is in
compliance with, an agreement for payment of all
outstanding liabilities with the Internal Revenue
Service.
(d) Contributions to the United States Through Employment,
Education, Military Service or Other Commitment to the Community.--
(1) An alien shall demonstrate contributions to the United
States by submitting evidence that he or she--
(A) is or has been engaged in full-time, part-time,
self, or seasonal employment in the United States; or
(B) has completed or is enrolled in an accredited
education program as described under subsection
(e)(1)(B) of section 401; or
(C) is serving in the military or has completed
military service as described in subsection (e)(1)(C)
of section 401; or
(D) otherwise establishes, to the satisfaction of
the Secretary, that the alien is an active volunteer or
community member; or
(E) is exempt from these requirements, as described
under subsection (e)(2) of section 401; and
(F) is self-sufficient or self-supporting,
including through the support of family, community
members, or others, as determined by the Secretary,
such that the alien is not a public charge or at risk
of becoming a public charge.
(2) Evidence of employment, education, military service or
other contributions.--
(A) Conclusive documents.--An alien may
conclusively establish compliance with paragraph (1) by
submitting records to the Secretary that demonstrate
such employment, education, military service, or other
contributions that have been maintained by the Social
Security Administration, the Internal Revenue Service,
the Armed Services or any other Federal, State, or
local government agency or public or private
educational institution.
(B) Other documents.--An alien who is unable to
submit a document described in subparagraph (A) may
satisfy the requirement under paragraph (1) by
submitting to the Secretary at least 2 other types of
reliable documents that provide evidence of
contributions to the United States, including--
(i) bank records;
(ii) business records;
(iii) employer records;
(iv) records of a labor union, day labor
center, or organization that assists workers in
employment;
(v) records of a registered charitable,
voluntary or 501(c)(3) nonprofit organization;
(vi) sworn affidavits from nonrelatives who
have direct knowledge of the alien's
contribution, that contain--
(I) the name, address, and
telephone number of the affiant;
(II) the nature and duration of the
relationship between the affiant and
the alien; and
(III) other verification or
information; and
(vii) remittance records.
(C) Additional documents and restrictions.--The
Secretary may--
(i) designate additional documents to
evidence employment, education, military
service or and other contributions to the
United States; and
(ii) set such terms and conditions on the
use of affidavits as is necessary to verify and
confirm the identity of any affiant or
otherwise prevent fraudulent submissions.
(3) Burden of proof.--An alien described in paragraph (1)
who is applying for adjustment of status under this section
shall prove, by a preponderance of the evidence, that the alien
has satisfied the requirements of this subsection. An alien may
meet such burden of proof by producing sufficient evidence to
demonstrate employment, education, military service, or other
contribution to the United States as a matter of reasonable
inference.
(e) Basic Citizenship Skills.--
(1) In general.--Except as provided under paragraph (2), a
conditional nonimmigrant or conditional nonimmigrant dependent
shall establish that he or she--
(A) meets the requirements under section 312 of the
Immigration and Nationality Act (8 U.S.C. 1423);
(B) earned a high school diploma or obtained a
general education development certificate in the United
States; or
(C) is satisfactorily pursuing a course of study to
achieve such an understanding of English and knowledge
and understanding of the history and Government of the
United States.
(2) Relation to naturalization examination.--A conditional
nonimmigrant or conditional nonimmigrant dependent who
demonstrates that he or she meets the requirements under such
section 312 may be considered to have satisfied the
requirements of that section for purposes of becoming
naturalized as a citizen of the United States under title III
of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.).
(3) Exceptions.--
(A) Mandatory.--Paragraph (1) shall not apply to
any person who is unable to comply with those
requirements because of a physical or developmental
disability or mental impairment (as described in
section 312(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1423(b)(1))).
(B) Discretionary.--The Secretary may waive all or
part of paragraph (1) for a conditional nonimmigrant
who is at least 65 years of age on the date on which an
application is filed for adjustment of status under
this section.
(f) Application Procedure, Fees, and Fines.--
(1) Compliance with all requirements.--A conditional
nonimmigrant or conditional nonimmigrant dependent seeking to
adjust status to that of a lawful permanent resident shall
submit to a full medical examination and all security and other
law enforcement checks required of an applicant for adjustment
under section 245 of the Immigration and Nationality Act.
(2) Application and fee.--The Secretary shall promulgate
regulations establishing procedures for submitting an
application for adjustment of status under this section. The
Secretary shall impose a fee for filing an application for
adjustment of status under this section which shall be
sufficient to cover the administrative and other expenses
incurred in connection with the review of such applications.
(3) Deposit of fees.--Fees collected under this paragraph
shall be deposited into the Immigration Examination Fee Account
and shall remain available as provided under subsections (m)
and (n) of section 286 of the Immigration and Nationality Act
(8 U.S.C. 1356).
(g) Treatment of Conditional Nonimmigrant Dependents.--
(1) Adjustment of status.--Notwithstanding any other
provision of law, the Secretary may--
(A) adjust the status of a conditional nonimmigrant
dependent to that of a person admitted for lawful
permanent residence if the principal conditional
nonimmigrant spouse or parent has been found eligible
for adjustment of status under this section, provided
that the dependent complies with subparagraphs (A),
(B), and (E), where applicable, of subsection (a)(2)
and completes the application requirements described in
subsection (f);
(B) adjust the status of a conditional nonimmigrant
dependent who was the spouse or child of an alien who
was classified as a conditional nonimmigrant, or was
eligible for such classification under section 401, to
that of a person admitted for permanent residence if--
(i) the termination of the relationship
with such spouse or parent was connected to
domestic violence; and
(ii) the spouse or child has been battered
or subjected to extreme cruelty by the spouse
or parent; provided that the dependent complies
with subparagraphs (A), (B), and (E), where
applicable, of subsection (a)(2) and completes
the application requirements described in
subsection (g).
(2) Application of other law.--In processing applications
under this subsection on behalf of aliens who have been
battered or subjected to extreme cruelty, the Secretary shall
apply--
(A) the provisions under section 204(a)(1)(J) of
the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(J)); and
(B) the protections, prohibitions, and penalties
under section 384 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
(h) Back of the Line.--
(1) In general.--An alien may not adjust status to that of
a lawful permanent resident status under this Act until that
earlier of--
(A) 30 days after an immigrant visa becomes
available for petitions filed under section 201, 202,
or 203 of the Immigration and Nationality Act (8 U.S.C.
1151, 1152, and 1153), which were filed before the date
of enactment of this Act; or
(B) 6 years after the date of the enactment of this
Act.
(2) Special rule for conditional immigrants qualifying
under subsection (e)(2)(D) of section 401.--An alien who
qualifies as a conditional nonimmigrant as described in
subsection (e)(2)(D) of section 401 shall be eligible to apply
for adjustment of status immediately upon the completion of one
of the following:
(A) The alien has acquired a degree from an
institution of higher education in the United States or
has completed at least 2 years, in good standing, in a
program for a bachelor's degree or higher degree in the
United States.
(B) The alien has served in the uniformed services
for at least 2 years and, if discharged, has received
an honorable discharge.
(C) The alien has been employed full-time, part-
time, or seasonally for at least 2 years prior to date
of application.
(3) Naturalization.--For purposes of naturalization only,
aliens who adjust their status to that of a lawful permanent
resident under the special rule described in paragraph (2)
shall be eligible to apply for naturalization 3 years after the
date on which adjustment of status is granted.
(i) Ineligibility for Public Benefits.--For purposes of section 403
of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613), an alien whose status has been adjusted under
this section shall not be eligible for any Federal means-tested public
benefit unless the alien meets the alien eligibility criteria for such
benefit under title IV of such Act (8 U.S.C. 1601 et seq.).
SEC. 403. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--
(1) Single level of administrative appellate review.--The
Secretary of Homeland Security shall establish an independent
appellate authority within the Bureau of Citizenship and
Immigration Services to provide for a single level of
administrative appellate review of a determination respecting
an application for classification or adjustment of status under
this subtitle.
(2) Standard for review.--Administrative appellate review
referred to in paragraph (1) shall be based solely upon the
administrative record established at the time of the
determination on the application and upon the presentation of
additional or newly discovered evidence during the time of the
pending appeal or subsequently on motion to reopen.
(b) Judicial Review.--
(1) Direct review.--A person whose application for
classification or adjustment of status under this subtitle is
denied after administrative appellate review under subsection
(a) may seek review of such denial, in accordance with chapter
7 of title 5, United States Code, before the United States
district court for the district in which the person resides.
(2) Review after removal proceedings.--There shall be
judicial review in the Federal courts of appeal of the denial
of an application for classification or adjustment of status
under this subtitle in conjunction with judicial review of an
order of removal, deportation, or exclusion.
(3) Standard for judicial review.--Judicial review of a
denial of an application under this subtitle shall be based
upon the administrative record established at the time of the
review, but the court may remand the case to the agency for
consideration of additional evidence where the court finds that
the evidence is material and there were reasonable grounds for
failure to adduce the evidence before the agency.
Notwithstanding any other provision of law, judicial review of
all questions arising from a denial of an application under
this subtitle shall be governed by the standard of review set
forth in chapter 7 of title 5, United States Code.
(4) Remedial powers.--Notwithstanding any other provision
of law, the district courts of the United States shall have
jurisdiction over any cause or claim arising from a pattern or
practice of the Secretary of Homeland Security in the operation
or implementation of this subtitle that is arbitrary,
capricious, or otherwise contrary to law, and may order any
appropriate relief. The district courts may order any
appropriate relief in accordance with the preceding sentence
without regard to exhaustion, ripeness, or other standing
requirements (other than constitutionally mandated
requirements), if the court determines that resolution of such
cause or claim will serve judicial and administrative
efficiency or that a remedy would otherwise not be reasonably
available or practicable.
(c) Stay of Removal.--Aliens seeking administrative or judicial
review under this section shall not be removed from the United States
until a final decision is rendered establishing ineligibility under
this subtitle.
SEC. 404. MANDATORY DISCLOSURE OF INFORMATION.
(a) Mandatory Disclosure.--The Secretary and the Secretary of State
shall provide a duly recognized law enforcement entity that submits a
written request with the information furnished pursuant to an
application filed under this subtitle, and any other information
derived from such furnished information, in connection with a criminal
investigation or prosecution, or a national security investigation or
prosecution, of an individual suspect or group of suspects.
(b) Limitations.--Except as otherwise provided under this section,
no Federal agency, or any officer, employee, or agent of such agency,
may--
(1) use the information furnished by the applicant pursuant
to an application for benefits under this subtitle for any
purpose other than to make a determination on the application;
(2) make any publication through which the information
furnished by any particular applicant can be identified; or
(3) permit anyone other than the sworn officers and
employees of such agency to examine individual applications.
(c) Construction.--Nothing under subsection (b) shall prevent an
alien or an alien's attorney access to his or her application, case
file, or information related to such application or adjudication
thereof.
(d) Criminal Penalty.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this section shall
be fined not more than $10,000.
SEC. 405. PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.
(a) Criminal Penalty.--
(1) Violation.--It shall be unlawful for any person--
(A) to file, or assist in filing, an application
for benefits under this subtitle; and
(i) to knowingly and willfully falsify,
misrepresent, conceal, or cover up a material
fact;
(ii) to make any false, fictitious, or
fraudulent statements or representations; or
(iii) to make or use any false writing or
document knowing the same to contain any false,
fictitious, or fraudulent statement or entry;
or
(B) to create or supply a false writing or document
for use in making such an application.
(2) Penalty.--Any person who violates paragraph (1) shall
be fined in accordance with title 18, United States Code,
imprisoned not more than 5 years, or both.
(b) Inadmissibility.--An alien who is convicted of violating
subsection (a) shall be considered to be inadmissible to the United
States on the ground described in section 212(a)(6)(C)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).
(c) Exception.--Notwithstanding subsections (a) and (b), any alien
or other entity (including an employer or union) that submits an
employment record that contains incorrect data used by the alien to
obtain such employment, shall not, on that ground, be determined to
have violated this section.
SEC. 406. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by title III,
is further amended--
(1) in subparagraph (A), by striking ``subparagraph (A) or
(B) of''; and
(2) by adding at the end the following:
``(N) Aliens whose status is adjusted from that of
a conditional nonimmigrant or conditional nonimmigrant
dependent.''.
SEC. 407. EMPLOYER PROTECTIONS.
(a) Immigration Status of Alien.--Employers of aliens applying for
conditional nonimmigrant or conditional nonimmigrant dependent
classification or adjustment of status under section 401 or 402 shall
not be subject to civil and criminal tax liability relating directly to
the employment of such alien before receiving employment authorization
under this subtitle.
(b) Provision of Employment Records.--Employers that provide
unauthorized aliens with copies of employment records or other evidence
of employment pursuant to an application for conditional nonimmigrant
or conditional nonimmigrant dependent classification or adjustment of
status under section 401 or 402 or any other application or petition
pursuant to any other immigration law, shall not be subject to civil
and criminal liability under section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a) for employing such unauthorized
aliens.
(c) Applicability of Other Law.--Nothing in this section may be
used to shield an employer from liability under section 274B of the
Immigration and Nationality Act (8 U.S.C. 1324b) or any other labor or
employment law.
SEC. 408. LIMITATIONS ON ELIGIBILITY.
(a) In General.--An alien is not ineligible for any immigration
benefit under any provision of this subtitle, or any amendment made by
this subtitle, solely on the basis that the alien violated section
1543, 1544, or 1546 of title 18, United States Code, or any amendment
made by this Act, during the period beginning on the date of the
enactment of this Act and ending on the date on which the alien applies
for any benefits under this subtitle.
(b) Prosecution.--An alien who violates section 1543, 1544, or 1546
of such title, or any amendment made by this Act, during the period
beginning on the date of the enactment of this Act and ending on the
date that the alien applies for eligibility for such benefit may be
prosecuted for the violation if the alien's application for such
benefit is denied.
SEC. 409. RULEMAKING.
The Secretary shall promulgate regulations regarding the timely
filing and processing of applications for benefits under this subtitle.
SEC. 410. CORRECTION OF SOCIAL SECURITY RECORDS.
(a) In General.--Section 208(e)(1) of the Social Security Act (42
U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted an adjustment of immigration
status pursuant to the CIR ASAP Act of 2013 or an
amendment made by that Act,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such conduct
is alleged to have occurred before the date on which the alien
was granted an adjustment of status described in such
subparagraph.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the seventh month that begins after the
date of the enactment of this Act.
SEC. 411. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR
PURPOSES OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall take
effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 110 Stat. 3009-546).
SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary such sums as may be necessary to carry out this subtitle and
the amendments made by this subtitle.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) shall remain available until expended.
(c) Sense of Congress.--It is the sense of Congress that funds
authorized to be appropriated under subsection (a) should be directly
appropriated so as to facilitate the orderly and timely commencement of
the processing of applications filed under sections 401 and 402.
Subtitle B--Agricultural Job Opportunities, Benefits, and Security
CHAPTER 1--TITLE AND DEFINITIONS
SEC. 421. SHORT TITLE.
This subtitle may be cited as the ``Agricultural Job Opportunities,
Benefits, and Security Act of 2013'' or the ``AgJOBS Act of 2013''.
SEC. 422. DEFINITIONS.
In this Act:
(1) Agricultural employment.--The term ``agricultural
employment'' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural labor
under section 3121(g) of the Internal Revenue Code of 1986 or
the performance of agricultural labor or services described in
section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(2) Blue card status.--The term ``blue card status'' means
the status of an alien who has been lawfully admitted into the
United States for temporary residence under section 101(a).
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in agricultural
employment.
(5) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
(6) Work day.--The term ``work day'' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.
CHAPTER 2--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL
WORKERS
Subchapter A--Blue Card Status
SEC. 431. REQUIREMENTS FOR BLUE CARD STATUS.
(a) Requirement To Grant Blue Card Status.--Notwithstanding any
other provision of law, the Secretary shall, pursuant to the
requirements of this section, grant blue card status to an alien who
qualifies under this section if the Secretary determines that the
alien--
(1) during the 24-month period ending on December 31,
2013--
(A) performed agricultural employment in the United
States for at least 863 hours or 150 work days; or
(B) earned at least $7,500 from agricultural
employment in the United States;
(2) applied for such status during the 18-month application
period beginning on the first day of the seventh month that
begins after the date of enactment of this Act;
(3) is otherwise admissible to the United States under
section 212 of the Immigration and Nationality Act (8 U.S.C.
1182), except as otherwise provided under section 105(b); and
(4) has not been convicted of any felony or a misdemeanor,
an element of which involves bodily injury, threat of serious
bodily injury, or harm to property in excess of $500.
(b) Authorized Travel.--An alien who is granted blue card status is
authorized to travel outside the United States (including commuting to
the United States from a residence in a foreign country) in the same
manner as an alien lawfully admitted for permanent residence.
(c) Authorized Employment.--The Secretary shall provide an alien
who is granted blue card status an employment authorized endorsement or
other appropriate work permit, in the same manner as an alien lawfully
admitted for permanent residence.
(d) Termination of Blue Card Status.--
(1) Deportable aliens.--The Secretary shall terminate blue
card status granted to an alien if the Secretary determines
that the alien is deportable.
(2) Other grounds for termination.--The Secretary shall
terminate blue card status granted to an alien if--
(A) the Secretary finds, by a preponderance of the
evidence, that the adjustment to blue card status was
the result of fraud or willful misrepresentation, as
described in section 212(a)(6)(C)(i) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
(B) the alien--
(i) commits an act that makes the alien
inadmissible to the United States under section
212 of the Immigration and Nationality Act (8
U.S.C. 1182), except as provided under section
105(b);
(ii) is convicted of a felony or 3 or more
misdemeanors committed in the United States;
(iii) is convicted of an offense, an
element of which involves bodily injury, threat
of serious bodily injury, or harm to property
in excess of $500; or
(iv) fails to perform the agricultural
employment required under paragraph (1)(A) of
section 103(a) unless the alien was unable to
work in agricultural employment due to the
extraordinary circumstances described in
paragraph (3) of such section.
(e) Record of Employment.--
(1) In general.--Each employer of an alien granted blue
card status shall annually--
(A) provide a written record of employment to the
alien; and
(B) provide a copy of such record to the Secretary.
(2) Civil penalties.--
(A) In general.--If the Secretary finds, after
notice and opportunity for a hearing, that an employer
of an alien granted blue card status has failed to
provide the record of employment required under
paragraph (1) or has provided a false statement of
material fact in such a record, the employer shall be
subject to a civil penalty in an amount not to exceed
$1,000 per violation.
(B) Limitation.--The penalty applicable under
subparagraph (A) for failure to provide records shall
not apply unless the alien has provided the employer
with evidence of employment authorization granted under
this section.
(3) Sunset.--The obligation under paragraph (1) shall
terminate on the date that is 6 years after the date of the
enactment of this Act.
(f) Required Features of Identity Card.--The Secretary shall
provide each alien granted blue card status, and the spouse and any
child of each such alien residing in the United States, with a card
that contains--
(1) an encrypted, machine-readable, electronic
identification strip that is unique to the alien to whom the
card is issued;
(2) biometric identifiers, including fingerprints and a
digital photograph; and
(3) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card for
fraudulent purposes.
(g) Fine.--An alien granted blue card status shall pay a fine of
$100 to the Secretary.
(h) Maximum Number.--The Secretary may not issue more than
1,350,000 blue cards during the 5-year period beginning on the date of
the enactment of this Act.
SEC. 432. TREATMENT OF ALIENS GRANTED BLUE CARD STATUS.
(a) In General.--Except as otherwise provided under this section,
an alien granted blue card status (including a spouse or child of the
alien granted derivative status) shall be considered to be an alien
lawfully admitted for permanent residence for purposes of any law other
than any provision of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(b) Delayed Eligibility for Certain Federal Public Benefits.--
Except as otherwise provided in law, an alien granted blue card status
shall not be eligible, by reason of such status, for any form of
assistance or benefit described in section 403(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1613(a)) until 5 years after the date on which the alien is
granted an adjustment of status under section 103.
SEC. 433. ADJUSTMENT TO PERMANENT RESIDENCE.
(a) In General.--Except as provided in subsection (b), the
Secretary shall adjust the status of an alien granted blue card status
to that of an alien lawfully admitted for permanent residence if the
Secretary determines that the following requirements are satisfied:
(1) Qualifying employment.--
(A) In general.--Subject to subparagraph (B), the
alien has performed at least--
(i) 5 years of agricultural employment in
the United States for at least 100 work days
per year, during the 5-year period beginning on
the date of the enactment of this Act; or
(ii) 3 years of agricultural employment in
the United States for at least 150 work days
per year, during the 3-year period beginning on
the date of the enactment of this Act.
(B) 4-year period of employment.--An alien shall be
considered to meet the requirements of subparagraph (A)
if the alien has performed 4 years of agricultural
employment in the United States for at least 150 work
days during 3 years of those 4 years and at least 100
work days during the remaining year, during the 4-year
period beginning on the date of the enactment of this
Act.
(2) Proof.--An alien may demonstrate compliance with the
requirement under paragraph (1) by submitting--
(A) the record of employment described in section
101(e); or
(B) documentation that may be submitted under
section 104(c).
(3) Extraordinary circumstances.--
(A) In general.--In determining whether an alien
has met the requirement of paragraph (1)(A), the
Secretary may credit the alien with not more than 12
additional months of agricultural employment in the
United States to meet such requirement if the alien was
unable to work in agricultural employment due to--
(i) pregnancy, injury, or disease, if the
alien can establish such pregnancy, disabling
injury, or disease through medical records;
(ii) illness, disease, or other special
needs of a minor child, if the alien can
establish such illness, disease, or special
needs through medical records;
(iii) severe weather conditions that
prevented the alien from engaging in
agricultural employment for a significant
period of time; or
(iv) termination from agricultural
employment, if the Secretary finds that the
termination was without just cause and that the
alien was unable to find alternative
agricultural employment after a reasonable job
search.
(B) Effect of finding.--A finding made under
subparagraph (A)(iv), with respect to an alien, shall
not--
(i) be conclusive, binding, or admissible
in a separate or subsequent judicial or
administrative action or proceeding between the
alien and a current or prior employer of the
alien or any other party; or
(ii) subject the alien's employer to the
payment of attorney fees incurred by the alien
in seeking to obtain a finding under
subparagraph (A)(iv).
(4) Application period.--The alien applies for adjustment
of status not later than 7 years after the date of the
enactment of this Act.
(5) Fine.--The alien pays a fine of $400 to the Secretary.
(b) Grounds for Denial of Adjustment of Status.--The Secretary
shall deny an alien granted blue card status an adjustment of status
under this section if--
(1) the Secretary finds, by a preponderance of the
evidence, that the adjustment to blue card status was the
result of fraud or willful misrepresentation, as described in
section 212(a)(6)(C)(i) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(6)(C)(i)); or
(2) the alien--
(A) commits an act that makes the alien
inadmissible to the United States under section 212 of
the Immigration and Nationality Act (8 U.S.C. 1182),
except as provided under section 105(b);
(B) is convicted of a felony or 3 or more
misdemeanors committed in the United States;
(C) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily
injury, or harm to property in excess of $500; or
(D) failed to perform the agricultural employment
required under paragraph (1)(A) of subsection (a)
unless the alien was unable to work in agricultural
employment due to the extraordinary circumstances
described in paragraph (3) of such subsection.
(c) Grounds for Removal.--Any alien granted blue card status who
does not apply for adjustment of status under this section before the
expiration of the application period described in subsection (a)(4) or
who fails to meet the other requirements of subsection (a) by the end
of the application period, is deportable and may be removed under
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
(d) Payment of Taxes.--
(1) In general.--Not later than the date on which an
alien's status is adjusted under this section, the alien shall
establish that the alien does not owe any applicable Federal
tax liability by establishing that--
(A) no such tax liability exists;
(B) all such outstanding tax liabilities have been
paid; or
(C) the alien has entered into an agreement for
payment of all outstanding liabilities with the
Internal Revenue Service.
(2) Applicable federal tax liability.--In paragraph (1) the
term ``applicable Federal tax liability'' means liability for
Federal taxes, including penalties and interest, owed for any
year during the period of employment required under subsection
(a)(1) for which the statutory period for assessment of any
deficiency for such taxes has not expired.
(3) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner of
Internal Revenue shall provide documentation to an alien upon
request to establish the payment of all taxes required by this
subsection.
(e) Spouses and Minor Children.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall confer the status of lawful permanent
resident on the spouse and minor child of an alien granted any
adjustment of status under subsection (a), including any
individual who was a minor child on the date such alien was
granted blue card status, if the spouse or minor child applies
for such status, or if the principal alien includes the spouse
or minor child in an application for adjustment of status to
that of a lawful permanent resident.
(2) Treatment of spouses and minor children.--
(A) Granting of status and removal.--The Secretary
shall grant derivative status to the alien spouse and
any minor child residing in the United States of an
alien granted blue card status and shall not remove
such derivative spouse or child during the period that
the alien granted blue card status maintains such
status, except as provided in paragraph (3). A grant of
derivative status to such a spouse or child under this
subparagraph shall not decrease the number of aliens
who may receive blue card status under subsection (h)
of section 101.
(B) Travel.--The derivative spouse and any minor
child of an alien granted blue card status may travel
outside the United States in the same manner as an
alien lawfully admitted for permanent residence.
(C) Employment.--The derivative spouse of an alien
granted blue card status may apply to the Secretary for
a work permit to authorize such spouse to engage in any
lawful employment in the United States while such alien
maintains blue card status.
(3) Grounds for denial of adjustment of status and
removal.--The Secretary shall deny an alien spouse or child
adjustment of status under paragraph (1) and may remove such
spouse or child under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) if the spouse or child--
(A) commits an act that makes the alien spouse or
child inadmissible to the United States under section
212 of such Act (8 U.S.C. 1182), except as provided
under section 105(b);
(B) is convicted of a felony or 3 or more
misdemeanors committed in the United States; or
(C) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily
injury, or harm to property in excess of $500.
SEC. 434. APPLICATIONS.
(a) Submission.--The Secretary shall provide that--
(1) applications for blue card status may be submitted--
(A) to the Secretary if the applicant is
represented by an attorney or a nonprofit religious,
charitable, social service, or similar organization
recognized by the Board of Immigration Appeals under
section 292.2 of title 8, Code of Federal Regulations;
or
(B) to a qualified designated entity if the
applicant consents to the forwarding of the application
to the Secretary; and
(2) applications for adjustment of status under section 103
shall be filed directly with the Secretary.
(b) Qualified Designated Entity Defined.--In this section, the term
``qualified designated entity'' means--
(1) a qualified farm labor organization or an association
of employers designated by the Secretary; or
(2) any such other person designated by the Secretary if
that Secretary determines such person is qualified and has
substantial experience, demonstrated competence, and has a
history of long-term involvement in the preparation and
submission of applications for adjustment of status under
section 209, 210, or 245 of the Immigration and Nationality Act
(8 U.S.C. 1159, 1160, and 1255), the Act entitled ``An Act to
adjust the status of Cuban refugees to that of lawful permanent
residents of the United States, and for other purposes'',
approved November 2, 1966 (Public Law 89-732; 8 U.S.C. 1255
note), Public Law 95-145 (8 U.S.C. 1255 note), or the
Immigration Reform and Control Act of 1986 (Public Law 99-603;
100 Stat. 3359) or any amendment made by that Act.
(c) Proof of Eligibility.--
(1) In general.--An alien may establish that the alien
meets the requirement of section 101(a)(1) or 103(a)(1) through
government employment records or records supplied by employers
or collective bargaining organizations, and other reliable
documentation as the alien may provide. The Secretary shall
establish special procedures to properly credit work in cases
in which an alien was employed under an assumed name.
(2) Documentation of work history.--
(A) Burden of proof.--An alien applying for status
under section 101(a) or 103(a) has the burden of
proving by a preponderance of the evidence that the
alien has worked the requisite number of hours or days
required under section 101(a)(1) or 103(a)(1), as
applicable.
(B) Timely production of records.--If an employer
or farm labor contractor employing such an alien has
kept proper and adequate records respecting such
employment, the alien's burden of proof under
subparagraph (A) may be met by securing timely
production of those records under regulations to be
promulgated by the Secretary.
(C) Sufficient evidence.--An alien may meet the
burden of proof under subparagraph (A) to establish
that the alien has performed the days or hours of work
required by section 101(a)(1) or 103(a)(1) by producing
sufficient evidence to show the extent of that
employment as a matter of just and reasonable
inference.
(d) Applications Submitted to Qualified Designated Entities.--
(1) Requirements.--Each qualified designated entity shall
agree--
(A) to forward to the Secretary an application
submitted to that entity pursuant to subsection
(a)(1)(B) if the applicant has consented to such
forwarding;
(B) not to forward to the Secretary any such
application if the applicant has not consented to such
forwarding; and
(C) to assist an alien in obtaining documentation
of the alien's work history, if the alien requests such
assistance.
(2) No authority to make determinations.--No qualified
designated entity may make a determination required by this
subtitle to be made by the Secretary.
(e) Limitation on Access to Information.--Files and records
collected or compiled by a qualified designated entity for the purposes
of this section are confidential and the Secretary shall not have
access to such a file or record relating to an alien without the
consent of the alien, except as allowed by a court order issued
pursuant to subsection (f).
(f) Confidentiality of Information.--
(1) In general.--Except as otherwise provided in this
section, the Secretary or any other official or employee of the
Department or a bureau or agency of the Department is
prohibited from--
(A) using information furnished by the applicant
pursuant to an application filed under this subtitle,
the information provided by an applicant to a qualified
designated entity, or any information provided by an
employer or former employer for any purpose other than
to make a determination on the application or for
imposing the penalties described in subsection (g);
(B) making any publication in which the information
furnished by any particular individual can be
identified; or
(C) permitting a person other than a sworn officer
or employee of the Department or a bureau or agency of
the Department or, with respect to applications filed
with a qualified designated entity, that qualified
designated entity, to examine individual applications.
(2) Required disclosures.--The Secretary shall provide the
information furnished under this subtitle or any other
information derived from such furnished information to--
(A) a duly recognized law enforcement entity in
connection with a criminal investigation or
prosecution, if such information is requested in
writing by such entity; or
(B) an official coroner, for purposes of
affirmatively identifying a deceased individual,
whether or not the death of such individual resulted
from a crime.
(3) Construction.--
(A) In general.--Nothing in this subsection shall
be construed to limit the use, or release, for
immigration enforcement purposes or law enforcement
purposes, of information contained in files or records
of the Department pertaining to an application filed
under this section, other than information furnished by
an applicant pursuant to the application, or any other
information derived from the application, that is not
available from any other source.
(B) Criminal convictions.--Notwithstanding any
other provision of this subsection, information
concerning whether the alien applying for blue card
status or an adjustment of status under section 103 has
been convicted of a crime at any time may be used or
released for immigration enforcement or law enforcement
purposes.
(4) Crime.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
subsection shall be subject to a fine in an amount not to
exceed $10,000.
(g) Penalties for False Statements in Applications.--
(1) Criminal penalty.--Any person who--
(A) files an application for blue card status or an
adjustment of status under section 103 and knowingly
and willfully falsifies, conceals, or covers up a
material fact or makes any false, fictitious, or
fraudulent statements or representations, or makes or
uses any false writing or document knowing the same to
contain any false, fictitious, or fraudulent statement
or entry; or
(B) creates or supplies a false writing or document
for use in making such an application,
shall be fined in accordance with title 18, United States Code,
imprisoned not more than 5 years, or both.
(2) Inadmissibility.--An alien who is convicted of a crime
under paragraph (1) shall be considered to be inadmissible to
the United States on the ground described in section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)(i)).
(h) Eligibility for Legal Services.--Section 504(a)(11) of Public
Law 104-134 (110 Stat. 1321-53 et seq.) shall not be construed to
prevent a recipient of funds under the Legal Services Corporation Act
(42 U.S.C. 2996 et seq.) from providing legal assistance directly
related to an application for blue card status or an adjustment of
status under section 103.
(i) Application Fees.--
(1) Fee schedule.--The Secretary shall provide for a
schedule of fees that--
(A) shall be charged for the filing of an
application for blue card status or for an adjustment
of status under section 103; and
(B) may be charged by qualified designated entities
to help defray the costs of services provided to such
applicants.
(2) Prohibition on excess fees by qualified designated
entities.--A qualified designated entity may not charge any fee
in excess of, or in addition to, the fees authorized under
paragraph (1)(B) for services provided to applicants.
(3) Disposition of fees.--
(A) In general.--There is established in the
general fund of the Treasury a separate account, which
shall be known as the ``Agricultural Worker Immigration
Status Adjustment Account''. Notwithstanding any other
provision of law, there shall be deposited as
offsetting receipts into the account all fees collected
under paragraph (1)(A).
(B) Use of fees for application processing.--
Amounts deposited in the ``Agricultural Worker
Immigration Status Adjustment Account'' shall remain
available to the Secretary until expended for
processing applications for blue card status or an
adjustment of status under section 103.
SEC. 435. WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR
INADMISSIBILITY.
(a) Numerical Limitations Do Not Apply.--The numerical limitations
of sections 201 and 202 of the Immigration and Nationality Act (8
U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to
lawful permanent resident status under section 103.
(b) Waiver of Certain Grounds of Inadmissibility.--In the
determination of an alien's eligibility for status under section 101(a)
or an alien's eligibility for adjustment of status under section
103(b)(2)(A) the following rules shall apply:
(1) Grounds of exclusion not applicable.--The provisions of
paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(2) Waiver of other grounds.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary may waive any other provision of
such section 212(a) in the case of individual aliens
for humanitarian purposes, to ensure family unity, or
if otherwise in the public interest.
(B) Grounds that may not be waived.--Subparagraphs
(A), (B), (C), (D), (G), (H), and (I) of paragraph (2)
and paragraphs (3) and (4) of such section 212(a) may
not be waived by the Secretary under subparagraph (A).
(C) Construction.--Nothing in this paragraph shall
be construed as affecting the authority of the
Secretary other than under this subparagraph to waive
provisions of such section 212(a).
(3) Special rule for determination of public charge.--An
alien is not ineligible for blue card status or an adjustment
of status under section 103 by reason of a ground of
inadmissibility under section 212(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(4)) if the alien demonstrates
a history of employment in the United States evidencing self-
support without reliance on public cash assistance.
(c) Temporary Stay of Removal and Work Authorization for Certain
Applicants.--
(1) Before application period.--Effective on the date of
enactment of this Act, the Secretary shall provide that, in the
case of an alien who is apprehended before the beginning of the
application period described in section 101(a)(2) and who can
establish a nonfrivolous case of eligibility for blue card
status (but for the fact that the alien may not apply for such
status until the beginning of such period), until the alien has
had the opportunity during the first 30 days of the application
period to complete the filing of an application for blue card
status, the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in
employment in the United States and be provided an
employment authorized endorsement or other appropriate
work permit for such purpose.
(2) During application period.--The Secretary shall provide
that, in the case of an alien who presents a nonfrivolous
application for blue card status during the application period
described in section 101(a)(2), including an alien who files
such an application within 30 days of the alien's apprehension,
and until a final determination on the application has been
made in accordance with this section, the alien--
(A) may not be removed; and
(B) shall be granted authorization to engage in
employment in the United States and be provided an
employment authorized endorsement or other appropriate
work permit for such purpose.
SEC. 436. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) In General.--There shall be no administrative or judicial
review of a determination respecting an application for blue card
status or adjustment of status under section 103 except in accordance
with this section.
(b) Administrative Review.--
(1) Single level of administrative appellate review.--The
Secretary shall establish an appellate authority to provide for
a single level of administrative appellate review of such a
determination.
(2) Standard for review.--Such administrative appellate
review shall be based solely upon the administrative record
established at the time of the determination on the application
and upon such additional or newly discovered evidence as may
not have been available at the time of the determination.
(c) Judicial Review.--
(1) Limitation to review of removal.--There shall be
judicial review of such a determination only in the judicial
review of an order of removal under section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252).
(2) Standard for judicial review.--Such judicial review
shall be based solely upon the administrative record
established at the time of the review by the appellate
authority and the findings of fact and determinations contained
in such record shall be conclusive unless the applicant can
establish abuse of discretion or that the findings are directly
contrary to clear and convincing facts contained in the record
considered as a whole.
SEC. 437. USE OF INFORMATION.
Beginning not later than the first day of the application period
described in section 101(a)(2), the Secretary, in cooperation with
qualified designated entities (as that term is defined in section
104(b)), shall broadly disseminate information respecting the benefits
that aliens may receive under this subtitle and the requirements that
an alien is required to meet to receive such benefits.
SEC. 438. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF APPROPRIATIONS.
(a) Regulations.--The Secretary shall issue regulations to
implement this subtitle not later than the first day of the seventh
month that begins after the date of enactment of this Act.
(b) Effective Date.--This subtitle shall take effect on the date
that regulations required by subsection (a) are issued, regardless of
whether such regulations are issued on an interim basis or on any other
basis.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to
implement this subtitle, including any sums needed for costs associated
with the initiation of such implementation, for fiscal years 2014 and
2015.
Subchapter B--Correction of Social Security Records
SEC. 441. CORRECTION OF SOCIAL SECURITY RECORDS.
(a) In General.--Section 208(e)(1) of the Social Security Act (42
U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted blue card status under the
Agricultural Job Opportunities, Benefits, and Security Act of
2013''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such conduct
is alleged to have occurred before the date on which the alien
was granted blue card status.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the seventh month that begins after the
date of the enactment of this Act.
CHAPTER 3--REFORM OF H-2A WORKER PROGRAM
SEC. 451. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by striking section 218 and inserting
the following:
``SEC. 218. H-2A EMPLOYER APPLICATIONS.
``(a) Applications to the Secretary of Labor.--
``(1) In general.--No alien may be admitted to the United
States as an H-2A worker, or otherwise provided status as an H-
2A worker, unless the employer has filed with the Secretary of
Labor an application containing--
``(A) the assurances described in subsection (b);
``(B) a description of the nature and location of
the work to be performed;
``(C) the anticipated period (expected beginning
and ending dates) for which the workers will be needed;
and
``(D) the number of job opportunities in which the
employer seeks to employ the workers.
``(2) Accompanied by job offer.--Each application filed
under paragraph (1) shall be accompanied by a copy of the job
offer describing the wages and other terms and conditions of
employment and the bona fide occupational qualifications that
shall be possessed by a worker to be employed in the job
opportunity in question.
``(b) Assurances for Inclusion in Applications.--The assurances
referred to in subsection (a)(1) are the following:
``(1) Job opportunities covered by collective bargaining
agreements.--With respect to a job opportunity that is covered
under a collective bargaining agreement:
``(A) Union contract described.--The job
opportunity is covered by a union contract which was
negotiated at arm's length between a bona fide union
and the employer.
``(B) Strike or lockout.--The specific job
opportunity for which the employer is requesting an H-
2A worker is not vacant because the former occupant is
on strike or being locked out in the course of a labor
dispute.
``(C) Notification of bargaining representatives.--
The employer, at the time of filing the application,
has provided notice of the filing under this paragraph
to the bargaining representative of the employer's
employees in the occupational classification at the
place or places of employment for which aliens are
sought.
``(D) Temporary or seasonal job opportunities.--The
job opportunity is temporary or seasonal.
``(E) Offers to united states workers.--The
employer has offered or will offer the job to any
eligible United States worker who applies and is
equally or better qualified for the job for which the
nonimmigrant is, or the nonimmigrants are, sought and
who will be available at the time and place of need.
``(F) Provision of insurance.--If the job
opportunity is not covered by the State workers'
compensation law, the employer will provide, at no cost
to the worker, insurance covering injury and disease
arising out of, and in the course of, the worker's
employment which will provide benefits at least equal
to those provided under the State's workers'
compensation law for comparable employment.
``(2) Job opportunities not covered by collective
bargaining agreements.--With respect to a job opportunity that
is not covered under a collective bargaining agreement:
``(A) Strike or lockout.--The specific job
opportunity for which the employer has applied for an
H-2A worker is not vacant because the former occupant
is on strike or being locked out in the course of a
labor dispute.
``(B) Temporary or seasonal job opportunities.--The
job opportunity is temporary or seasonal.
``(C) Benefit, wage, and working conditions.--The
employer will provide, at a minimum, the benefits,
wages, and working conditions required by section 218A
to all workers employed in the job opportunities for
which the employer has applied for an H-2A worker under
subsection (a) and to all other workers in the same
occupation at the place of employment.
``(D) Nondisplacement of united states workers.--
The employer did not displace and will not displace a
United States worker employed by the employer during
the period of employment and for a period of 30 days
preceding the period of employment in the occupation at
the place of employment for which the employer has
applied for an H-2A worker.
``(E) Requirements for placement of the
nonimmigrant with other employers.--The employer will
not place the nonimmigrant with another employer
unless--
``(i) the nonimmigrant performs duties in
whole or in part at 1 or more worksites owned,
operated, or controlled by such other employer;
``(ii) there are indicia of an employment
relationship between the nonimmigrant and such
other employer; and
``(iii) the employer has inquired of the
other employer as to whether, and has no actual
knowledge or notice that, during the period of
employment and for a period of 30 days
preceding the period of employment, the other
employer has displaced or intends to displace a
United States worker employed by the other
employer in the occupation at the place of
employment for which the employer seeks
approval to employ H-2A workers.
``(F) Statement of liability.--The application form
shall include a clear statement explaining the
liability under subparagraph (E) of an employer if the
other employer described in such subparagraph displaces
a United States worker as described in such
subparagraph.
``(G) Provision of insurance.--If the job
opportunity is not covered by the State workers'
compensation law, the employer will provide, at no cost
to the worker, insurance covering injury and disease
arising out of and in the course of the worker's
employment which will provide benefits at least equal
to those provided under the State's workers'
compensation law for comparable employment.
``(H) Employment of united states workers.--
``(i) Recruitment.--The employer has taken
or will take the following steps to recruit
United States workers for the job opportunities
for which the H-2A nonimmigrant is, or H-2A
nonimmigrants are, sought:
``(I) Contacting former workers.--
The employer shall make reasonable
efforts through the sending of a letter
by United States Postal Service mail,
or otherwise, to contact any United
States worker the employer employed
during the previous season in the
occupation at the place of intended
employment for which the employer is
applying for workers and has made the
availability of the employer's job
opportunities in the occupation at the
place of intended employment known to
such previous workers, unless the
worker was terminated from employment
by the employer for a lawful job-
related reason or abandoned the job
before the worker completed the period
of employment of the job opportunity
for which the worker was hired.
``(II) Filing a job offer with the
local office of the state employment
security agency.--Not later than 28
days before the date on which the
employer desires to employ an H-2A
worker in a temporary or seasonal
agricultural job opportunity, the
employer shall submit a copy of the job
offer described in subsection (a)(2) to
the local office of the State
employment security agency which serves
the area of intended employment and
authorize the posting of the job
opportunity on `America's Job Bank' or
other electronic job registry, except
that nothing in this subclause shall
require the employer to file an
interstate job order under section 653
of title 20, Code of Federal
Regulations.
``(III) Advertising of job
opportunities.--Not later than 14 days
before the date on which the employer
desires to employ an H-2A worker in a
temporary or seasonal agricultural job
opportunity, the employer shall
advertise the availability of the job
opportunities for which the employer is
seeking workers in a publication in the
local labor market that is likely to be
patronized by potential farm workers.
``(IV) Emergency procedures.--The
Secretary of Labor shall, by
regulation, provide a procedure for
acceptance and approval of applications
in which the employer has not complied
with the provisions of this
subparagraph because the employer's
need for H-2A workers could not
reasonably have been foreseen.
``(ii) Job offers.--The employer has
offered or will offer the job to any eligible
United States worker who applies and is equally
or better qualified for the job for which the
nonimmigrant is, or nonimmigrants are, sought
and who will be available at the time and place
of need.
``(iii) Period of employment.--The employer
will provide employment to any qualified United
States worker who applies to the employer
during the period beginning on the date on
which the H-2A worker departs for the
employer's place of employment and ending on
the date on which 50 percent of the period of
employment for which the H-2A worker who is in
the job was hired has elapsed, subject to the
following requirements:
``(I) Prohibition.--No person or
entity shall willfully and knowingly
withhold United States workers before
the arrival of H-2A workers in order to
force the hiring of United States
workers under this clause.
``(II) Complaints.--Upon receipt of
a complaint by an employer that a
violation of subclause (I) has
occurred, the Secretary of Labor shall
immediately investigate. The Secretary
of Labor shall, within 36 hours of the
receipt of the complaint, issue
findings concerning the alleged
violation. If the Secretary of Labor
finds that a violation has occurred,
the Secretary of Labor shall
immediately suspend the application of
this clause with respect to that
certification for that date of need.
``(III) Placement of united states
workers.--Before referring a United
States worker to an employer during the
period described in the matter
preceding subclause (I), the Secretary
of Labor shall make all reasonable
efforts to place the United States
worker in an open job acceptable to the
worker, if there are other job offers
pending with the job service that offer
similar job opportunities in the area
of intended employment.
``(iv) Statutory construction.--Nothing in
this subparagraph shall be construed to
prohibit an employer from using such legitimate
selection criteria relevant to the type of job
that are normal or customary to the type of job
involved so long as such criteria are not
applied in a discriminatory manner.
``(c) Applications by Associations on Behalf of Employer Members.--
``(1) In general.--An agricultural association may file an
application under subsection (a) on behalf of 1 or more of its
employer members that the association certifies in its
application has or have agreed in writing to comply with the
requirements of this section and sections 218A, 218B, and 218C.
``(2) Treatment of associations acting as employers.--If an
association filing an application under paragraph (1) is a
joint or sole employer of the temporary or seasonal
agricultural workers requested on the application, the
certifications granted under subsection (e)(2)(B) to the
association may be used for the certified job opportunities of
any of its producer members named on the application, and such
workers may be transferred among such producer members to
perform the agricultural services of a temporary or seasonal
nature for which the certifications were granted.
``(d) Withdrawal of Applications.--
``(1) In general.--An employer may withdraw an application
filed pursuant to subsection (a), except that if the employer
is an agricultural association, the association may withdraw an
application filed pursuant to subsection (a) with respect to 1
or more of its members. To withdraw an application, the
employer or association shall notify the Secretary of Labor in
writing, and the Secretary of Labor shall acknowledge in
writing the receipt of such withdrawal notice. An employer who
withdraws an application under subsection (a), or on whose
behalf an application is withdrawn, is relieved of the
obligations undertaken in the application.
``(2) Limitation.--An application may not be withdrawn
while any alien provided status under section
101(a)(15)(H)(ii)(a) pursuant to such application is employed
by the employer.
``(3) Obligations under other statutes.--Any obligation
incurred by an employer under any other law or regulation as a
result of the recruitment of United States workers or H-2A
workers under an offer of terms and conditions of employment
required as a result of making an application under subsection
(a) is unaffected by withdrawal of such application.
``(e) Review and Approval of Applications.--
``(1) Responsibility of employers.--The employer shall make
available for public examination, within 1 working day after
the date on which an application under subsection (a) is filed,
at the employer's principal place of business or worksite, a
copy of each such application (and such accompanying documents
as are necessary).
``(2) Responsibility of the secretary of labor.--
``(A) Compilation of list.--The Secretary of Labor
shall compile, on a current basis, a list (by employer
and by occupational classification) of the applications
filed under subsection (a). Such list shall include the
wage rate, number of workers sought, period of intended
employment, and date of need. The Secretary of Labor
shall make such list available for examination in the
District of Columbia.
``(B) Review of applications.--The Secretary of
Labor shall review such an application only for
completeness and obvious inaccuracies. Unless the
Secretary of Labor finds that the application is
incomplete or obviously inaccurate, the Secretary of
Labor shall certify that the intending employer has
filed with the Secretary of Labor an application as
described in subsection (a). Such certification shall
be provided within 7 days of the filing of the
application.
``SEC. 218A. H-2A EMPLOYMENT REQUIREMENTS.
``(a) Preferential Treatment of Aliens Prohibited.--Employers
seeking to hire United States workers shall offer the United States
workers no less than the same benefits, wages, and working conditions
that the employer is offering, intends to offer, or will provide to H-
2A workers. Conversely, no job offer may impose on United States
workers any restrictions or obligations which will not be imposed on
the employer's H-2A workers.
``(b) Minimum Benefits, Wages, and Working Conditions.--Except in
cases where higher benefits, wages, or working conditions are required
by the provisions of subsection (a), in order to protect similarly
employed United States workers from adverse effects with respect to
benefits, wages, and working conditions, every job offer which shall
accompany an application under section 218(b)(2) shall include each of
the following benefit, wage, and working condition provisions:
``(1) Requirement to provide housing or a housing
allowance.--
``(A) In general.--An employer applying under
section 218(a) for H-2A workers shall offer to provide
housing at no cost to all workers in job opportunities
for which the employer has applied under that section
and to all other workers in the same occupation at the
place of employment, whose place of residence is beyond
normal commuting distance.
``(B) Type of housing.--In complying with
subparagraph (A), an employer may, at the employer's
election, provide housing that meets applicable Federal
standards for temporary labor camps or secure housing
that meets applicable local standards for rental or
public accommodation housing or other substantially
similar class of habitation, or in the absence of
applicable local standards, State standards for rental
or public accommodation housing or other substantially
similar class of habitation. In the absence of
applicable local or State standards, Federal temporary
labor camp standards shall apply.
``(C) Family housing.--If it is the prevailing
practice in the occupation and area of intended
employment to provide family housing, family housing
shall be provided to workers with families who request
it.
``(D) Workers engaged in the range production of
livestock.--The Secretary of Labor shall issue
regulations that address the specific requirements for
the provision of housing to workers engaged in the
range production of livestock.
``(E) Limitation.--Nothing in this paragraph shall
be construed to require an employer to provide or
secure housing for persons who were not entitled to
such housing under the temporary labor certification
regulations in effect on June 1, 1986.
``(F) Charges for housing.--
``(i) Charges for public housing.--If
public housing provided for migrant
agricultural workers under the auspices of a
local, county, or State government is secured
by an employer, and use of the public housing
unit normally requires charges from migrant
workers, such charges shall be paid by the
employer directly to the appropriate individual
or entity affiliated with the housing's
management.
``(ii) Deposit charges.--Charges in the
form of deposits for bedding or other similar
incidentals related to housing shall not be
levied upon workers by employers who provide
housing for their workers. An employer may
require a worker found to have been responsible
for damage to such housing which is not the
result of normal wear and tear related to
habitation to reimburse the employer for the
reasonable cost of repair of such damage.
``(G) Housing allowance as alternative.--
``(i) In general.--If the requirement set
out in clause (ii) is satisfied, the employer
may provide a reasonable housing allowance
instead of offering housing under subparagraph
(A). Upon the request of a worker seeking
assistance in locating housing, the employer
shall make a good faith effort to assist the
worker in identifying and locating housing in
the area of intended employment. An employer
who offers a housing allowance to a worker, or
assists a worker in locating housing which the
worker occupies, pursuant to this clause shall
not be deemed a housing provider under section
203 of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1823) solely
by virtue of providing such housing allowance.
No housing allowance may be used for housing
which is owned or controlled by the employer.
``(ii) Certification.--The requirement of
this clause is satisfied if the Governor of the
State certifies to the Secretary of Labor that
there is adequate housing available in the area
of intended employment for migrant farm workers
and H-2A workers who are seeking temporary
housing while employed in agricultural work.
Such certification shall expire after 3 years
unless renewed by the Governor of the State.
``(iii) Amount of allowance.--
``(I) Nonmetropolitan counties.--If
the place of employment of the workers
provided an allowance under this
subparagraph is a nonmetropolitan
county, the amount of the housing
allowance under this subparagraph shall
be equal to the statewide average fair
market rental for existing housing for
nonmetropolitan counties for the State,
as established by the Secretary of
Housing and Urban Development pursuant
to section 8(c) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(c)), based on a 2-bedroom
dwelling unit and an assumption of 2
persons per bedroom.
``(II) Metropolitan counties.--If
the place of employment of the workers
provided an allowance under this
paragraph is in a metropolitan county,
the amount of the housing allowance
under this subparagraph shall be equal
to the statewide average fair market
rental for existing housing for
metropolitan counties for the State, as
established by the Secretary of Housing
and Urban Development pursuant to
section 8(c) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(c)), based on a 2-bedroom
dwelling unit and an assumption of 2
persons per bedroom.
``(2) Reimbursement of transportation.--
``(A) To place of employment.--A worker who
completes 50 percent of the period of employment of the
job opportunity for which the worker was hired shall be
reimbursed by the employer for the cost of the worker's
transportation and subsistence from the place from
which the worker came to work for the employer (or
place of last employment, if the worker traveled from
such place) to the place of employment.
``(B) From place of employment.--A worker who
completes the period of employment for the job
opportunity involved shall be reimbursed by the
employer for the cost of the worker's transportation
and subsistence from the place of employment to the
place from which the worker, disregarding intervening
employment, came to work for the employer, or to the
place of next employment, if the worker has contracted
with a subsequent employer who has not agreed to
provide or pay for the worker's transportation and
subsistence to such subsequent employer's place of
employment.
``(C) Limitation.--
``(i) Amount of reimbursement.--Except as
provided in clause (ii), the amount of
reimbursement provided under subparagraph (A)
or (B) to a worker or alien shall not exceed
the lesser of--
``(I) the actual cost to the worker
or alien of the transportation and
subsistence involved; or
``(II) the most economical and
reasonable common carrier
transportation charges and subsistence
costs for the distance involved.
``(ii) Distance traveled.--No reimbursement
under subparagraph (A) or (B) shall be required
if the distance traveled is 100 miles or less,
or the worker is not residing in employer-
provided housing or housing secured through an
allowance as provided in paragraph (1)(G).
``(D) Early termination.--If the worker is laid off
or employment is terminated for contract impossibility
(as described in paragraph (4)(D)) before the
anticipated ending date of employment, the employer
shall provide the transportation and subsistence
required by subparagraph (B) and, notwithstanding
whether the worker has completed 50 percent of the
period of employment, shall provide the transportation
reimbursement required by subparagraph (A).
``(E) Transportation between living quarters and
worksite.--The employer shall provide transportation
between the worker's living quarters and the employer's
worksite without cost to the worker, and such
transportation will be in accordance with applicable
laws and regulations.
``(3) Required wages.--
``(A) In general.--An employer applying for workers
under section 218(a) shall offer to pay, and shall pay,
all workers in the occupation for which the employer
has applied for workers, not less (and is not required
to pay more) than the greater of the prevailing wage in
the occupation in the area of intended employment or
the adverse effect wage rate. No worker shall be paid
less than the greater of the hourly wage prescribed
under section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) or the applicable State
minimum wage.
``(B) Limitation.--Effective on the date of the
enactment of the Agricultural Job Opportunities,
Benefits, and Security Act of 2013 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, 2013, 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, 2013, had been annually adjusted,
beginning on March 1, 2016, 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, 2014, 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, 2014, 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 2013, an
alien admitted under section 101(a)(15)(H)(ii)(a) for employment as a
sheepherder, goat herder, or dairy worker--
``(1) may be admitted for an initial period of 12 months;
``(2) subject to subsection (j)(5), may have such initial
period of admission extended for a period of up to 3 years; and
``(3) shall not be subject to the requirements of
subsection (h)(5) (relating to periods of absence from the
United States).
``(j) Adjustment to Lawful Permanent Resident Status for Aliens
Employed as Sheepherders, Goat Herders, or Dairy Workers.--
``(1) Eligible alien.--For purposes of this subsection, the
term `eligible alien' means an alien--
``(A) having nonimmigrant status under section
101(a)(15)(H)(ii)(a) based on employment as a
sheepherder, goat herder, or dairy worker;
``(B) who has maintained such nonimmigrant status
in the United States for a cumulative total of 36
months (excluding any period of absence from the United
States); and
``(C) who is seeking to receive an immigrant visa
under section 203(b)(3)(A)(iii).
``(2) Classification petition.--In the case of an eligible
alien, the petition under section 204 for classification under
section 203(b)(3)(A)(iii) may be filed by--
``(A) the alien's employer on behalf of the
eligible alien; or
``(B) the eligible alien.
``(3) No labor certification required.--Notwithstanding
section 203(b)(3)(C), no determination under section
212(a)(5)(A) is required with respect to an immigrant visa
described in paragraph (1)(C) for an eligible alien.
``(4) Effect of petition.--The filing of a petition
described in paragraph (2) or an application for adjustment of
status based on the approval of such a petition shall not
constitute evidence of an alien's ineligibility for
nonimmigrant status under section 101(a)(15)(H)(ii)(a).
``(5) Extension of stay.--The Secretary shall extend the
stay of an eligible alien having a pending or approved
classification petition described in paragraph (2) in 1-year
increments until a final determination is made on the alien's
eligibility for adjustment of status to that of an alien
lawfully admitted for permanent residence.
``(6) Construction.--Nothing in this subsection shall be
construed to prevent an eligible alien from seeking adjustment
of status in accordance with any other provision of law.
``SEC. 218C. WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.
``(a) Enforcement Authority.--
``(1) Investigation of complaints.--
``(A) Aggrieved person or third-party complaints.--
The Secretary of Labor shall establish a process for
the receipt, investigation, and disposition of
complaints respecting a petitioner's failure to meet a
condition specified in section 218(b), or an employer's
misrepresentation of material facts in an application
under section 218(a). Complaints may be filed by any
aggrieved person or organization (including bargaining
representatives). No investigation or hearing shall be
conducted on a complaint concerning such a failure or
misrepresentation unless the complaint was filed not
later than 12 months after the date of the failure, or
misrepresentation, respectively. The Secretary of Labor
shall conduct an investigation under this subparagraph
if there is reasonable cause to believe that such a
failure or misrepresentation has occurred.
``(B) Determination on complaint.--Under such
process, the Secretary of Labor shall provide, within
30 days after the date such a complaint is filed, for a
determination as to whether or not a reasonable basis
exists to make a finding described in subparagraph (C),
(D), (E), or (G). If the Secretary of Labor determines
that such a reasonable basis exists, the Secretary of
Labor shall provide for notice of such determination to
the interested parties and an opportunity for a hearing
on the complaint, in accordance with section 556 of
title 5, United States Code, within 60 days after the
date of the determination. If such a hearing is
requested, the Secretary of Labor shall make a finding
concerning the matter not later than 60 days after the
date of the hearing. In the case of similar complaints
respecting the same applicant, the Secretary of Labor
may consolidate the hearings under this subparagraph on
such complaints.
``(C) Failures to meet conditions.--If the
Secretary of Labor finds, after notice and opportunity
for a hearing, a failure to meet a condition of
paragraph (1)(A), (1)(B), (1)(D), (1)(F), (2)(A),
(2)(B), or (2)(G) of section 218(b), a substantial
failure to meet a condition of paragraph (1)(C),
(1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section
218(b), or a material misrepresentation of fact in an
application under section 218(a)--
``(i) the Secretary of Labor shall notify
the Secretary of such finding and may, in
addition, impose such other administrative
remedies (including civil money penalties in an
amount not to exceed $1,000 per violation) as
the Secretary of Labor determines to be
appropriate; and
``(ii) the Secretary may disqualify the
employer from the employment of aliens
described in section 101(a)(15)(H)(ii)(a) for a
period of 1 year.
``(D) Willful failures and willful
misrepresentations.--If the Secretary of Labor finds,
after notice and opportunity for hearing, a willful
failure to meet a condition of section 218(b), a
willful misrepresentation of a material fact in an
application under section 218(a), or a violation of
subsection (d)(1)--
``(i) the Secretary of Labor shall notify
the Secretary of such finding and may, in
addition, impose such other administrative
remedies (including civil money penalties in an
amount not to exceed $5,000 per violation) as
the Secretary of Labor determines to be
appropriate;
``(ii) the Secretary of Labor may seek
appropriate legal or equitable relief to
effectuate the purposes of subsection (d)(1);
and
``(iii) the Secretary may disqualify the
employer from the employment of H-2A workers
for a period of 2 years.
``(E) Displacement of united states workers.--If
the Secretary of Labor finds, after notice and
opportunity for hearing, a willful failure to meet a
condition of section 218(b) or a willful
misrepresentation of a material fact in an application
under section 218(a), in the course of which failure or
misrepresentation the employer displaced a United
States worker employed by the employer during the
period of employment on the employer's application
under section 218(a) or during the period of 30 days
preceding such period of employment--
``(i) the Secretary of Labor shall notify
the Secretary of such finding and may, in
addition, impose such other administrative
remedies (including civil money penalties in an
amount not to exceed $15,000 per violation) as
the Secretary of Labor determines to be
appropriate; and
``(ii) the Secretary may disqualify the
employer from the employment of H-2A workers
for a period of 3 years.
``(F) Limitations on civil money penalties.--The
Secretary of Labor shall not impose total civil money
penalties with respect to an application under section
218(a) in excess of $90,000.
``(G) Failures to pay wages or required benefits.--
If the Secretary of Labor finds, after notice and
opportunity for a hearing, that the employer has failed
to pay the wages, or provide the housing allowance,
transportation, subsistence reimbursement, or guarantee
of employment, required under section 218A(b), the
Secretary of Labor shall assess payment of back wages,
or other required benefits, due any United States
worker or H-2A worker employed by the employer in the
specific employment in question. The back wages or
other required benefits under section 218A(b) shall be
equal to the difference between the amount that should
have been paid and the amount that actually was paid to
such worker.
``(2) Statutory construction.--Nothing in this section
shall be construed as limiting the authority of the Secretary
of Labor to conduct any compliance investigation under any
other labor law, including any law affecting migrant and
seasonal agricultural workers, or, in the absence of a
complaint under this section, under section 218 or 218A.
``(b) Rights Enforceable by Private Right of Action.--H-2A workers
may enforce the following rights through the private right of action
provided in subsection (c), and no other right of action shall exist
under Federal or State law to enforce such rights:
``(1) The providing of housing or a housing allowance as
required under section 218A(b)(1).
``(2) The reimbursement of transportation as required under
section 218A(b)(2).
``(3) The payment of wages required under section
218A(b)(3) when due.
``(4) The benefits and material terms and conditions of
employment expressly provided in the job offer described in
section 218(a)(2), not including the assurance to comply with
other Federal, State, and local labor laws described in section
218A(c), compliance with which shall be governed by the
provisions of such laws.
``(5) The guarantee of employment required under section
218A(b)(4).
``(6) The motor vehicle safety requirements under section
218A(b)(5).
``(7) The prohibition of discrimination under subsection
(d)(2).
``(c) Private Right of Action.--
``(1) Mediation.--Upon the filing of a complaint by an H-2A
worker aggrieved by a violation of rights enforceable under
subsection (b), and within 60 days of the filing of proof of
service of the complaint, a party to the action may file a
request with the Federal Mediation and Conciliation Service to
assist the parties in reaching a satisfactory resolution of all
issues involving all parties to the dispute. Upon a filing of
such request and giving of notice to the parties, the parties
shall attempt mediation within the period specified in
subparagraph (B).
``(A) Mediation services.--The Federal Mediation
and Conciliation Service shall be available to assist
in resolving disputes arising under subsection (b)
between H-2A workers and agricultural employers without
charge to the parties.
``(B) 90-day limit.--The Federal Mediation and
Conciliation Service may conduct mediation or other
nonbinding dispute resolution activities for a period
not to exceed 90 days beginning on the date on which
the Federal Mediation and Conciliation Service receives
the request for assistance unless the parties agree to
an extension of this period of time.
``(C) Authorization.--
``(i) In general.--Subject to clause (ii),
there are authorized to be appropriated to the
Federal Mediation and Conciliation Service
$500,000 for each fiscal year to carry out this
section.
``(ii) Mediation.--Notwithstanding any
other provision of law, the Director of the
Federal Mediation and Conciliation Service is
authorized to conduct the mediation or other
dispute resolution activities from any other
appropriated funds available to the Director
and to reimburse such appropriated funds when
the funds are appropriated pursuant to this
authorization, such reimbursement to be
credited to appropriations currently available
at the time of receipt.
``(2) Maintenance of civil action in district court by
aggrieved person.--An H-2A worker aggrieved by a violation of
rights enforceable under subsection (b) by an agricultural
employer or other person may file suit in any district court of
the United States having jurisdiction over the parties, without
regard to the amount in controversy, without regard to the
citizenship of the parties, and without regard to the
exhaustion of any alternative administrative remedies under
this Act, not later than 3 years after the date the violation
occurs.
``(3) Election.--An H-2A worker who has filed an
administrative complaint with the Secretary of Labor may not
maintain a civil action under paragraph (2) unless a complaint
based on the same violation filed with the Secretary of Labor
under subsection (a)(1) is withdrawn before the filing of such
action, in which case the rights and remedies available under
this subsection shall be exclusive.
``(4) Preemption of state contract rights.--Nothing in this
Act shall be construed to diminish the rights and remedies of
an H-2A worker under any other Federal or State law or
regulation or under any collective bargaining agreement, except
that no court or administrative action shall be available under
any State contract law to enforce the rights created by this
Act.
``(5) Waiver of rights prohibited.--Agreements by employees
purporting to waive or modify their rights under this Act shall
be void as contrary to public policy, except that a waiver or
modification of the rights or obligations in favor of the
Secretary of Labor shall be valid for purposes of the
enforcement of this Act. The preceding sentence may not be
construed to prohibit agreements to settle private disputes or
litigation.
``(6) Award of damages or other equitable relief.--
``(A) If the court finds that the respondent has
intentionally violated any of the rights enforceable
under subsection (b), it shall award actual damages, if
any, or equitable relief.
``(B) Any civil action brought under this section
shall be subject to appeal as provided in chapter 83 of
title 28, United States Code.
``(7) Workers' compensation benefits; exclusive remedy.--
``(A) Notwithstanding any other provision of this
section, where a State's workers' compensation law is
applicable and coverage is provided for an H-2A worker,
the workers' compensation benefits shall be the
exclusive remedy for the loss of such worker under this
section in the case of bodily injury or death in
accordance with such State's workers' compensation law.
``(B) The exclusive remedy prescribed in
subparagraph (A) precludes the recovery under paragraph
(6) of actual damages for loss from an injury or death
but does not preclude other equitable relief, except
that such relief shall not include back or front pay or
in any manner, directly or indirectly, expand or
otherwise alter or affect--
``(i) a recovery under a State workers'
compensation law; or
``(ii) rights conferred under a State
workers' compensation law.
``(8) Tolling of statute of limitations.--If it is
determined under a State workers' compensation law that the
workers' compensation law is not applicable to a claim for
bodily injury or death of an H-2A worker, the statute of
limitations for bringing an action for actual damages for such
injury or death under subsection (c) shall be tolled for the
period during which the claim for such injury or death under
such State workers' compensation law was pending. The statute
of limitations for an action for actual damages or other
equitable relief arising out of the same transaction or
occurrence as the injury or death of the H-2A worker shall be
tolled for the period during which the claim for such injury or
death was pending under the State workers' compensation law.
``(9) Preclusive effect.--Any settlement by an H-2A worker
and an H-2A employer or any person reached through the
mediation process required under subsection (c)(1) shall
preclude any right of action arising out of the same facts
between the parties in any Federal or State court or
administrative proceeding, unless specifically provided
otherwise in the settlement agreement.
``(10) Settlements.--Any settlement by the Secretary of
Labor with an H-2A employer on behalf of an H-2A worker of a
complaint filed with the Secretary of Labor under this section
or any finding by the Secretary of Labor under subsection
(a)(1)(B) shall preclude any right of action arising out of the
same facts between the parties under any Federal or State court
or administrative proceeding, unless specifically provided
otherwise in the settlement agreement.
``(d) Discrimination Prohibited.--
``(1) In general.--It is a violation of this subsection for
any person who has filed an application under section 218(a),
to intimidate, threaten, restrain, coerce, blacklist,
discharge, or in any other manner discriminate against an
employee (which term, for purposes of this subsection, includes
a former employee and an applicant for employment) because the
employee has disclosed information to the employer, or to any
other person, that the employee reasonably believes evidences a
violation of section 218 or 218A or any rule or regulation
pertaining to section 218 or 218A, or because the employee
cooperates or seeks to cooperate in an investigation or other
proceeding concerning the employer's compliance with the
requirements of section 218 or 218A or any rule or regulation
pertaining to either of such sections.
``(2) Discrimination against h-2a workers.--It is a
violation of this subsection for any person who has filed an
application under section 218(a), to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any manner
discriminate against an H-2A employee because such worker has,
with just cause, filed a complaint with the Secretary of Labor
regarding a denial of the rights enumerated and enforceable
under subsection (b) or instituted, or caused to be instituted,
a private right of action under subsection (c) regarding the
denial of the rights enumerated under subsection (b), or has
testified or is about to testify in any court proceeding
brought under subsection (c).
``(e) Authorization To Seek Other Appropriate Employment.--The
Secretary of Labor and the Secretary shall establish a process under
which an H-2A worker who files a complaint regarding a violation of
subsection (d) and is otherwise eligible to remain and work in the
United States may be allowed to seek other appropriate employment in
the United States for a period not to exceed the maximum period of stay
authorized for such nonimmigrant classification.
``(f) Role of Associations.--
``(1) Violation by a member of an association.--An employer
on whose behalf an application is filed by an association
acting as its agent is fully responsible for such application,
and for complying with the terms and conditions of sections 218
and 218A, as though the employer had filed the application
itself. If such an employer is determined, under this section,
to have committed a violation, the penalty for such violation
shall apply only to that member of the association unless the
Secretary of Labor determines that the association or other
member participated in, had knowledge, or reason to know, of
the violation, in which case the penalty shall be invoked
against the association or other association member as well.
``(2) Violations by an association acting as an employer.--
If an association filing an application as a sole or joint
employer is determined to have committed a violation under this
section, the penalty for such violation shall apply only to the
association unless the Secretary of Labor determines that an
association member or members participated in or had knowledge,
or reason to know of the violation, in which case the penalty
shall be invoked against the association member or members as
well.
``SEC. 218D. DEFINITIONS.
``For purposes of this section and section 218, 218A, 218B, and
218C:
``(1) Agricultural employment.--The term `agricultural
employment' means any service or activity that is considered to
be agricultural under section 3(f) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203(f)) or agricultural labor under
section 3121(g) of the Internal Revenue Code of 1986 or the
performance of agricultural labor or services described in
section 101(a)(15)(H)(ii)(a).
``(2) Bona fide union.--The term `bona fide union' means
any organization in which employees participate and which
exists for the purpose of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or other terms and conditions of work for
agricultural employees. Such term does not include an
organization formed, created, administered, supported,
dominated, financed, or controlled by an employer or employer
association or its agents or representatives.
``(3) Displace.--The term `displace', in the case of an
application with respect to 1 or more H-2A workers by an
employer, means laying off a United States worker from a job
for which the H-2A worker or workers is or are sought.
``(4) Eligible.--The term `eligible', when used with
respect to an individual, means an individual who is not an
unauthorized alien (as defined in section 274A).
``(5) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in agricultural
employment.
``(6) H-2A employer.--The term `H-2A employer' means an
employer who seeks to hire 1 or more nonimmigrant aliens
described in section 101(a)(15)(H)(ii)(a).
``(7) H-2A worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(8) Job opportunity.--The term `job opportunity' means a
job opening for temporary or seasonal full-time employment at a
place in the United States to which United States workers can
be referred.
``(9) Laying off.--
``(A) In general.--The term `laying off', with
respect to a worker--
``(i) means to cause the worker's loss of
employment, other than through a discharge for
inadequate performance, violation of workplace
rules, cause, voluntary departure, voluntary
retirement, contract impossibility (as
described in section 218A(b)(4)(D)), or
temporary suspension of employment due to
weather, markets, or other temporary
conditions; but
``(ii) does not include any situation in
which the worker is offered, as an alternative
to such loss of employment, a similar
employment opportunity with the same employer
(or, in the case of a placement of a worker
with another employer under section
218(b)(2)(E), with either employer described in
such section) at equivalent or higher
compensation and benefits than the position
from which the employee was discharged,
regardless of whether or not the employee
accepts the offer.
``(B) Statutory construction.--Nothing in this
paragraph is intended to limit an employee's rights
under a collective bargaining agreement or other
employment contract.
``(10) Regulatory drought.--The term `regulatory drought'
means a decision subsequent to the filing of the application
under section 218 by an entity not under the control of the
employer making such filing which restricts the employer's
access to water for irrigation purposes and reduces or limits
the employer's ability to produce an agricultural commodity,
thereby reducing the need for labor.
``(11) Seasonal.--Labor is performed on a `seasonal' basis
if--
``(A) ordinarily, it pertains to or is of the kind
exclusively performed at certain seasons or periods of
the year; and
``(B) from its nature, it may not be continuous or
carried on throughout the year.
``(12) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(13) Temporary.--A worker is employed on a `temporary'
basis where the employment is intended not to exceed 10 months.
``(14) United states worker.--The term `United States
worker' means any worker, whether a national of the United
States, an alien lawfully admitted for permanent residence, or
any other alien, who is authorized to work in the job
opportunity within the United States, except an alien admitted
or otherwise provided status under section
101(a)(15)(H)(ii)(a).''.
(b) Table of Contents.--The table of contents of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the
item relating to section 218 and inserting the following:
``Sec. 218. H-2A employer applications.
``Sec. 218A. H-2A employment requirements.
``Sec. 218B. Procedure for admission and extension of stay of H-2A
workers.
``Sec. 218C. Worker protections and labor standards enforcement.
``Sec. 218D. Definitions.''.
CHAPTER 4--MISCELLANEOUS PROVISIONS
SEC. 461. DETERMINATION AND USE OF USER FEES.
(a) Schedule of Fees.--The Secretary shall establish and
periodically adjust a schedule of fees for the employment of aliens
pursuant to the amendment made by section 451(a) of this Act and a
collection process for such fees from employers. Such fees shall be the
only fees chargeable to employers for services provided under such
amendment.
(b) Determination of Schedule.--
(1) In general.--The schedule under subsection (a) shall
reflect a fee rate based on the number of job opportunities
indicated in the employer's application under section 218 of
the Immigration and Nationality Act, as amended by section 451
of this Act, and sufficient to provide for the direct costs of
providing services related to an employer's authorization to
employ aliens pursuant to the amendment made by section 451(a)
of this Act, to include the certification of eligible
employers, the issuance of documentation, and the admission of
eligible aliens.
(2) Procedure.--
(A) In general.--In establishing and adjusting such
a schedule, the Secretary shall comply with Federal
cost accounting and fee setting standards.
(B) Publication and comment.--The Secretary shall
publish in the Federal Register an initial fee schedule
and associated collection process and the cost data or
estimates upon which such fee schedule is based, and
any subsequent amendments thereto, pursuant to which
public comment shall be sought and a final rule issued.
(c) Use of Proceeds.--Notwithstanding any other provision of law,
all proceeds resulting from the payment of the fees pursuant to the
amendment made by section 451(a) of this Act shall be available without
further appropriation and shall remain available without fiscal year
limitation to reimburse the Secretary, the Secretary of State, and the
Secretary of Labor for the costs of carrying out--
(1) sections 218 and 218B of the Immigration and
Nationality Act, as amended and added, respectively, by section
451 of this Act; and
(2) the provisions of this Act.
SEC. 462. REGULATIONS.
(a) Requirement for the Secretary To Consult.--The Secretary shall
consult with the Secretary of Labor and the Secretary of Agriculture
during the promulgation of all regulations to implement the duties of
the Secretary under this Act and the amendments made by this Act.
(b) Requirement for the Secretary of State To Consult.--The
Secretary of State shall consult with the Secretary, the Secretary of
Labor, and the Secretary of Agriculture on all regulations to implement
the duties of the Secretary of State under this Act and the amendments
made by this Act.
(c) Requirement for the Secretary of Labor To Consult.--The
Secretary of Labor shall consult with the Secretary of Agriculture and
the Secretary on all regulations to implement the duties of the
Secretary of Labor under this Act and the amendments made by this Act.
(d) Deadline for Issuance of Regulations.--All regulations to
implement the duties of the Secretary, the Secretary of State, and the
Secretary of Labor created under sections 218, 218A, 218B, 218C, and
218D of the Immigration and Nationality Act, as amended or added by
section 451 of this Act, shall take effect on the effective date of
section 451 and shall be issued not later than 1 year after the date of
enactment of this Act.
SEC. 463. REPORTS TO CONGRESS.
(a) Annual Report.--Not later than September 30 of each year, the
Secretary shall submit a report to Congress that identifies, for the
previous year--
(1) the number of job opportunities approved for employment
of aliens admitted under section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)), and the number of workers actually
admitted, disaggregated by State and by occupation;
(2) the number of such aliens reported to have abandoned
employment pursuant to subsection (e)(2) of section 218B of
such Act, as added by section 451;
(3) the number of such aliens who departed the United
States within the period specified in subsection (d) of such
section 218B;
(4) the number of aliens who applied for blue card status
pursuant to section 431(a);
(5) the number of aliens who were granted such status
pursuant section 431(a);
(6) the number of aliens who applied for an adjustment of
status pursuant to section 433(a); and
(7) the number of aliens who received an adjustment of
status pursuant section 433(a).
(b) Implementation Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall prepare and submit to
Congress a report that describes the measures being taken and the
progress made in implementing this Act.
SEC. 464. EFFECTIVE DATE.
The amendments made by section 451 and section 461 shall take
effect 1 year after the date of the enactment of this Act.
TITLE V--STRENGTHENING THE U.S. ECONOMY AND WORKFORCE
Subtitle A--Immigration and Labor
CHAPTER 1--IMMIGRATION AND LABOR MARKETS
SEC. 501. COMMISSION ON IMMIGRATION AND LABOR MARKETS.
(a) Establishment of Commission.--
(1) In general.--There is established a permanent,
independent, Federal agency within the Executive Branch of the
United States to be known as the Commission on Immigration and
Labor Markets (referred to in this section as the
``Commission'').
(2) Purposes.--Through objective, thorough, accurate and
nonpartisan review and analysis, the purposes of the Commission
are to--
(A) establish employment-based immigration policies
that promote America's economic growth and
competitiveness while minimizing job displacement, wage
depression and unauthorized employment in the United
States;
(B) create and implement a policy-focused research
agenda on the economic impacts of immigration at the
national, regional, State, industry and occupation
levels;
(C) collect and analyze information about
employment-based immigration and the labor market and
share the data and analysis with lawmakers, researchers
and the American public;
(D) recommend to the Congress and the President on
a regular basis an evidence-based methodology for
determining the level of employment-based immigration;
and
(E) recommend to Congress and the President the
numeric levels and characteristics of workers to be
admitted in various employment-based visa categories.
(3) Membership.--The Commission shall be composed of--
(A) 7 voting members--
(i) who shall be appointed by the
President, with the advice and consent of the
Senate, no later than 6 months after the date
of the enactment of this Act;
(ii) who shall serve for 5-year staggered
terms;
(iii) one of whom the President shall
appoint as Chair of the Commission to serve a
6-year term, which can be extended for 1
additional 3-year term;
(iv) who shall have expertise in economics,
demography, sociology, labor, business, civil
rights, immigration or other pertinent
qualifications or experience; and
(v) not more than 4 of whom may be members
of the same political party; and
(B) 8 ex-officio members, including--
(i) the Secretary;
(ii) the Secretary of State;
(iii) the Attorney General;
(iv) the Secretary of Labor;
(v) the Secretary of Commerce;
(vi) the Secretary of Health and Human
Services;
(vii) the Secretary of Agriculture; and
(viii) the Commissioner of Social Security.
(4) Vacancies.--Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
(5) Meetings.--
(A) Initial meeting.--The Commission shall meet and
begin carrying out the duties described in subsection
(b) as soon as practicable.
(B) Subsequent meetings.--After its initial
meeting, the Commission shall meet upon the call of the
Chair or a majority of its members.
(C) Quorum.--Five voting members of the Commission
shall constitute a quorum.
(b) Duties of the Commission.--The Commission shall--
(1) collect, analyze and publish data regarding--
(A) the historic migration patterns to and from the
United States and demographic trends, including the
birth rate, education levels, and age profiles of the
immigrant and native population of the United States;
(B) the impact of employment-based immigration--
(i) at the national, regional, State and
local levels;
(ii) within industries and business
sectors;
(iii) on occupations and occupational
levels;
(iv) on small business; and
(v) on employment and unemployment levels;
(C) the current and anticipated needs of employers
for skilled and unskilled labor;
(D) the current and anticipated supply of skilled
and unskilled labor;
(E) the impact of employment-based immigration on
the economic growth and competitiveness and labor
standards, conditions, and wages;
(F) the extent and impact of unauthorized
employment in the United States;
(G) the factors that determine the economic success
of immigrants to the United States; and
(H) any other matters regarding the impact of
employment-based immigration that the Commission
considers appropriate;
(2) after soliciting and reviewing input from the public,
develop and publish in the Federal Register a plan for the
performance of its duties, including a description of the
methodologies it will employ to measure the need for immigrant
workers or nonimmigrant foreign workers in different regions,
States, industries and occupations;
(3) submit to the Congress, according to the procedures in
subsection (c), the methodologies it proposes to use to
determine the need for immigrant workers and nonimmigrant
foreign workers;
(4) submit to the Congress, according to the procedures in
subsection (c), any amendments which the Commission deems
appropriate to the numeric levels of visas established by the
Immigration and Nationality Act for temporary or permanent
employment;
(5) annually thereafter, submit a report to the President
and Congress that--
(A) contains any amendments to the numeric levels
set according to the procedures in subsection (c)(2),
which shall take effect in the same manner described
therein unless disapproved by the passage of a
resolution in Congress; and
(B) makes other recommendations regarding
employment-based visas or immigration, including
legislative or administrative action, that the
Commission determines to be in the national interest;
and
(6) establish collaborative relationships with
international organizations and agencies in countries of origin
to encourage the deposit of remittances with financial
institutions that will reinvest the remittances received from
the United States to promote job development in those countries
of origin that have sent immigrants to the United States.
(c) Procedures To Determine Appropriate Level of Employment-Based
Immigration for Temporary or Permanent Employment.--
(1) Methodology.--Not later than 12 months after Congress
appropriates funds for its operation, the Commission shall
submit to Congress the methodologies it proposes to use to
determine the need for immigrant workers and nonimmigrant
foreign workers. Congress shall have 90 days to enact a
resolution of disapproval. In the absence of such action, the
methodologies shall stand approved.
(2) Initial determination of numeric levels.--At the
beginning of the first regular session of Congress after the
methodologies in paragraph (1) have been approved, but not
later than the first day of April, the Commission shall submit
to Congress the numeric levels of visas it recommends, by
majority vote, to be made available for temporary or permanent
employment under the Immigration and Nationality Act and a
statement of the reasons therefore. Congress shall have 90 days
to enact a resolution of disapproval. In absence of such
action, the numeric levels shall stand approved and be
implemented at the start of the next fiscal year.
(3) Annual determinations.--Once the initial determination
of numeric levels is established, the Commission shall annually
thereafter submit to Congress any increase or decrease in
numeric levels of employment-based immigration it recommends by
majority vote, which shall be disapproved by Congress in the
same manner as in clause (2), or stand approved for the next
fiscal year.
(d) Powers of the Commission.--
(1) The Commission, by vote of a majority of the members
present and voting, shall have the power to--
(A) establish general policies and promulgate such
rules and regulations for the Commission as are
necessary to carry out the purposes of this section;
(B) appoint and fix the salary and duties of the
Staff Director of the Commission, who shall serve at
the discretion of the Commission and who shall be
compensated at a rate not to exceed the highest rate
now or hereafter prescribed for Level 6 of the Senior
Executive Service Schedule (5 U.S.C. 5382), and such
other personnel as may be necessary to enable the
Commission to carry out its functions;
(C) deny, revise, or ratify any request for
regular, supplemental, or deficiency appropriations
prior to any submission of such request to the Office
of Management and Budget by the Chair;
(D) utilize, with their consent, the services,
equipment, personnel, information, and facilities of
other Federal, State, local, and private agencies and
instrumentalities with or without reimbursement
therefor;
(E) without regard to section 3324 of title 31,
United States Code, enter into and perform such
contracts, leases, cooperative agreements, and other
transactions as may be necessary in the conduct of the
functions of the Commission, with any public agency, or
with any person, firm, association, corporation,
educational institution, or nonprofit organization;
(F) accept and employ, in carrying out the
provisions of this title, voluntary and uncompensated
services, notwithstanding the provisions of section
1342 of title 31, United States Code, however,
individuals providing such services shall not be
considered Federal employees except for purposes of
chapter 81 of title 5, United States Code, with respect
to job-incurred disability and title 28, United States
Code, with respect to tort claims;
(G) request such information, data, and reports
from any Federal agency as the Commission may from time
to time require and as may be produced consistent with
other law;
(H) arrange with the head of any other Federal
agency for the performance by such agency of any
function of the Commission, with or without
reimbursement;
(I) establish a research and development program
within the Commission for the purpose of understanding
and documenting the effects of immigration and the
temporary admission of foreign workers on the labor
market and national competitiveness;
(J) collect systematically the data obtained from
studies, research, and the empirical experience of
public and private agencies concerning the need for and
effects of employment-based immigration and the
admission of nonimmigrant workers;
(K) interview and confer with State and local
officials, representatives of labor and industry, and
experts in academia to obtain information about the
need for or benefit of additional immigrant or
nonimmigrant workers;
(L) make recommendations to Congress concerning
modification or enactment of statutes relating to
matters that the Commission finds to be necessary and
advisable to carry out an effective employment-based
immigration policy;
(M) hold hearings and call witnesses to assist the
Commission in the exercise of its powers or duties;
(N) retain and, in its discretion pay reasonable
attorneys' fees out if its appropriated funds to,
private attorneys who--
(i) shall provide legal advice to the
Commission in the conduct of its work, or to
appear for or represent the Commission in any
case in which the Commission is authorized by
law to represent itself, or in which the
Commission is representing itself with the
consent of the Department of Justice; and
(ii) when serving as officers or employees
of the United States, shall be considered
special government employees as defined in
section 202(a) of title 18; and
(O) grant incentive awards to its employees
pursuant to chapter 45 of title 5, United States Code.
(2) The Commission shall have such other powers and duties
and shall perform such other functions as may be necessary to
carry out the purposes of this section, and may delegate to any
member or designated person such powers as may be appropriate.
(e) Information and Assistance From Federal Agencies.--
(1) Information.--The head of any Federal department or
agency that receives a request from the Commission for
information, including suggestions, estimates, and statistics,
as the Commission considers necessary to carry out the
provisions of this section, shall furnish such information to
the Commission, to the extent allowed by law.
(2) Assistance.--
(A) General services administration.--The
Administrator of General Services shall, on a
reimbursable basis, provide the Commission with
administrative support and other services for the
performance of the Commission's functions.
(B) Other federal agencies.--The departments and
agencies of the United States may provide the
Commission with such services, funds, facilities,
staff, and other support services as heads of such
departments and agencies determine advisable and
authorized by law.
(f) Personnel Matters.--
(1) Staff.--
(A) Except as provided under subparagraph (B), any
personnel of the Commission who are employees shall be
considered to be employees under section 2105 of title
5, United States Code, for purposes of chapters 63, 81,
83, 84, 85, 87, 89 and 90 of such title.
(B) Subparagraph (A) shall not apply to members of
the Commission.
(2) Detailees.--Any employee of the Federal Government may
be detailed to the Commission without reimbursement from the
Commission. Such detailee shall retain the rights, status, and
privileges of his or her regular employment without
interruption.
(3) Consultant services.--The Commission may procure the
services of experts and consultants in accordance with section
3109 of title 5, United States Code, at rates not to exceed the
daily rate paid a person occupying a position at level IV of
Executive Schedule under section 5315 of such title 5.
(g) Compensation and Travel Expenses.--
(1) Compensation.--Each voting member of the Commission may
be compensated at a rate not to exceed the daily equivalent of
the annual rate of basic pay in effect for a position at level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(2) Travel expenses.--Members of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in Government service are allowed expenses under
section 5703(b) of title 5, United States Code, while away from
their homes or regular places of business in performance of
services for the Commission.
(h) Authorization of Appropriations.--There are authorized to carry
out the purposes of this section such sums as may be necessary.
SEC. 502. SECURITY AND PROSPERITY ACCOUNT.
Section 286 (8 U.S.C. 1356) is amended by adding at the end the
following new subsection:
``(w) Prosperity Account.--
``(1) Establishment.--There is established in the general
fund of the Treasury an account, which shall be known as the
`Security and Prosperity Account'.
``(2) Deposits.--Notwithstanding any other provision of
this Act, there shall be deposited as offsetting receipts into
the Security and Prosperity Account--
``(A) all fines collected under section
401(g)(2)(B) of the CIR ASAP Act of 2013; and
``(B) all fees collected under section 401(g)(2)(A)
of such Act.
``(3) Use of funds.--The fees and fines deposited into the
Security and Prosperity Fund shall be allocated as follows:
``(A) 25 percent shall be allocated for `Training
and Employment Services' for activities under the
Workforce Investment Act (WIA) of 1998 which shall
distributed as follows:
``(i) 25 percent for grants to the States
for adult employment and training activities.
``(ii) 20 percent for grants to the States
for dislocated worker employment and training
activities.
``(iii) 10 percent shall be allocated for
the dislocated workers assistance national
reserve, except that--
``(I) such funds shall be made
available for grants only to eligible
entities that serve areas of high
unemployment or high poverty and only
for purposes described in subsection
173(a)(1) of the WIA; and
``(II) the Secretary of Labor shall
ensure that applicants for such funds
demonstrate how income support, child
care and other supportive services
necessary for an individual's
participation in job training will be
provided; and
``(iv) 45 percent for a program of
competitive grants for worker training and
placement in high growth and emerging industry
sectors.
``(B) 5 percent shall be allocated for the American
Worker Recruit and Match System described in section
503 of the CIR ASAP Act of 2013.
``(C) 10 percent shall be allocated to the
Secretary of Homeland Security for the processing of
immigration benefits applications and to subsidize the
costs of immigration benefits applications described in
section 321.
``(D) 3 percent shall be allocated to implement
title VI of the CIR ASAP Act of 2013.
``(E) 2 percent shall be allocated for the
establishment and operations of the Commission on Labor
Markets and Immigration as described in section 501 of
such Act.
``(F) 30 percent shall be allocated to implement
the amendments made by title II of the CIR ASAP Act of
2013, and enforcement efforts mandated in such
amendments to ensure compliance with the employment
practices described in such amendments.
``(G) 25 percent distributed equally among the
programs established in title I of the CIR ASAP Act of
2013 for border security, detention, and
enforcement.''.
SEC. 503. AMERICAN RECRUIT AND MATCH SYSTEM.
(a) Establishment of Program.--Each State Workforce Agency (SWA)
shall establish an Internet-based program entitled ``American Worker
Recruit and Match'' program, to be incorporated with existing SWA Web-
based job search engines, if any--
(1) whereby employers may electronically post employment
opportunities in fields and occupations that have traditionally
relied on unauthorized labor, such as hospitality, agriculture,
construction, domestic services, food services and as
determined by the Secretary of Labor;
(2) whereby individuals may electronically post employment
profiles; and
(3) that shall be searchable and shall match employers with
qualified individuals.
(b) Single Internet Link.--The Secretary of Labor shall establish a
publicly accessible Web page on the Internet website of the Department
of Labor that provides a single internet link to each State workforce
agency's American Worker Recruit and Match program.
(c) Education.--Each State workforce agency shall conduct monthly
seminars that shall be publicly noticed, to educate employers and
individuals regarding use of the American Recruit and Match System.
(d) Funding.--Fees and fines deposited in the Prosperity Fund under
section 286(w)(3)(B) of the Immigration and Nationality Act may be used
to carry out this section.
CHAPTER 2--PROTECTION OF WORKERS RECRUITED ABROAD
SEC. 511. PROTECTIONS FOR WORKERS RECRUITED ABROAD.
(a) Basic Requirements.--(1) Each employer and foreign labor
contractor who engages in foreign labor contracting activity shall
ascertain and disclose to each such worker who is recruited for
employment the following information at the time of the worker's
recruitment:
(A) The place of employment.
(B) The compensation for the employment.
(C) A description of employment activities.
(D) The period of employment.
(E) The transportation, housing, and any other employee
benefit to be provided and any costs to be charged for each
benefit.
(F) The existence of any labor organizing effort, strike,
lockout, or other labor dispute at the place of employment.
(G) The existence of any arrangements with any owner or
agent of any establishment in the area of employment under
which the contractor or employer is to receive a commission or
any other benefit resulting from any sales (including the
provision of services) by such establishment to the workers.
(H) Whether and the extent to which workers will be
compensated through workers' compensation, private insurance,
or otherwise for injuries or death, including work related
injuries and death, during the period of employment and, if so,
the name of the State workers' compensation insurance carrier
or the name of the policyholder of the private insurance, the
name and the telephone number of each person who must be
notified of an injury or death, and the time period within
which such notice must be given.
(I) Any education or training to be provided or made
available, including the nature and cost of such training, who
will pay such costs, and whether the training is a condition of
employment, continued employment, or future employment.
(J) A statement, approved by the Secretary of Labor,
describing the protections of this part for workers recruited
abroad.
(2) No foreign labor contractor or employer shall knowingly provide
false or misleading information to any worker concerning any matter
required to be disclosed in paragraph (1).
(3) The information required to be disclosed by paragraph (1) to
workers shall be provided in written form. Such information shall be
provided in English or, as necessary and reasonable, in the language of
the worker being recruited. The Department of Labor shall make forms
available in English, Spanish, and other languages, as necessary, which
may be used in providing workers with information required under this
section.
(4) No fees may be charged to a worker for recruitment.
(5) No employer or foreign labor contractor shall, without
justification, violate the terms of any working arrangement made by
that contractor or employer.
(6) The employer shall pay the transportation costs, including
subsistence costs during the period of travel, for the worker from the
place of recruitment to the place of employment and from the place of
employment to such worker's place of permanent residence.
(7)(A) It shall be unlawful for an employer or a foreign labor
contractor to fail or refuse to hire or to discharge any individual, or
otherwise discriminate against an individual with respect to
compensation, terms, conditions, or privileges of employment because
such individual's race, color, creed, sex, national origin, religion,
age, or disability.
(B) For the purposes of determining the existence of unlawful
discrimination under subclause (A)--
(i) in the case of a claim of discrimination based on race,
color, creed, sex, national origin, or religion, the same legal
standards shall apply as are applicable under title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
(ii) in the case of a claim of discrimination based on
unlawful discrimination based on age, the same legal standards
shall apply as are applicable under the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 621 et seq.); and
(iii) in the case of a claim of discrimination based on
disability, the same legal standards shall apply as are
applicable under title I of the Americans With Disabilities Act
(42 U.S.C. 12101 et seq.).
(b) Other Worker Protections.--(1) Each employer shall notify the
Secretary of the identity of any foreign labor contractor involved in
any foreign labor contractor activity for or on behalf of the employer.
The employer shall be subject to the civil remedies of this chapter for
violations committed by such foreign labor contractor to the same
extent as if the employer had committed the violation. The employer
shall notify the Secretary of the identity of such a foreign labor
contractor whose activities do not comply with this chapter.
(2) The Secretary shall maintain a list of all foreign labor
contractors whom the Secretary knows or believes have been involved in
violations of this chapter, and make that list publicly available. The
Secretary shall provide a procedure by which an employer, a foreign
labor contractor, or someone acting on behalf of such contractor may
seek to have a foreign labor contractor's name removed from such list
by demonstrating to the Secretary's satisfaction that the foreign labor
contractor has not violated this chapter in the previous five years.
(3) No foreign labor contractor shall violate, without
justification, the terms of any written agreements made with an
employer pertaining to any contracting activity or worker protection
under this chapter.
(c) Discrimination Prohibited Against Workers Seeking Relief Under
This Chapter.--No person shall intimidate, threaten, restrain, coerce,
blacklist, discharge, or in any manner discriminate against any worker
because such worker has, with just cause, filed any complaint or
instituted, or caused to be instituted, any proceeding under or related
to this chapter, or has testified or is about to testify in any such
proceedings, or because of the exercise, with just cause, by such
worker on behalf of himself or others of any right or protection
afforded by this chapter.
SEC. 512. ENFORCEMENT PROVISIONS.
(a) Criminal Sanctions.--Whoever knowingly violates this chapter
shall be fined under title 18, United States Code, or imprisoned not
more than one year, or both. Upon conviction, after a first conviction
under this section, for a second or subsequent violation of this
chapter, the defendant shall be fined under title 18, United States
Code, or imprisoned not more than three years, or both.
(b) Administrative Sanctions.--(1)(A) Subject to subparagraph (B),
the Secretary may assess a civil money penalty of not more than $5,000
on any person who violates this chapter.
(B) In determining the amount of any penalty to be assessed under
subparagraph (A), the Secretary shall take into account (i) the
previous record of the person in terms of compliance with this chapter
and with comparable requirements of the Fair Labor Standards Act of
1938, and with regulations promulgated under such Acts, and (ii) the
gravity of the violation.
(2) Any employer who uses the services of a foreign labor
contractor who is on the list maintained by the Secretary pursuant to
section 2(b)(2), shall, if the actions of such foreign labor contractor
have contributed to a violation of this chapter by the employer, be
fined $10,000 per violation in addition to any other fines or penalties
for which the employer may be liable for the violation.
(c) Actions by Secretary.--The Secretary may take such actions,
including seeking appropriate injunctive relief and specific
performance of contractual obligations, as may be necessary to assure
employer compliance with terms and conditions of employment under this
chapter and with this chapter.
(d) Waiver of Rights.--Agreements by employees purporting to waive
or to modify their rights under this chapter shall be void as contrary
to public policy.
(e) Representation in Court.--Except as provided in section 518(a)
of title 28, United States Code, relating to litigation before the
Supreme Court, the Solicitor of Labor may appear for and represent the
Secretary in any civil litigation brought under this chapter, but all
such litigation shall be subject to the direction and control of the
Attorney General.
SEC. 513. PROCEDURES IN ADDITION TO OTHER RIGHTS OF EMPLOYEES.
The rights and remedies provided to workers by this chapter are in
addition to, and not in lieu of, any other contractual or statutory
rights and remedies of the workers, and are not intended to alter or
affect such rights and remedies.
SEC. 514. AUTHORITY TO PRESCRIBE REGULATIONS.
The Secretary of Labor shall prescribe such regulations as may be
necessary to carry out this chapter.
SEC. 515. DEFINITIONS.
(a) In General.--Except as otherwise provided by this chapter, for
purposes of this chapter the terms used in this chapter shall have the
same meanings, respectively, as are given those terms in section 3 of
the Fair Labor Standards Act of 1938.
(b) Other Definitions.--As used in this chapter:
(1) The term ``State'' means any State of the United States
and includes the District of Columbia, Puerto Rico, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Virgin Islands of the United States.
(2) The term ``foreign labor contractor'' means any person
who for any money or other valuable consideration paid or
promised to be paid, performs any foreign labor contracting
activity.
(3) The term ``foreign labor contracting activity'' means
recruiting, soliciting, hiring, employing, or furnishing, an
individual who resides outside of the United States to be
employed in the United States.
(4) The term ``Secretary'' means the Secretary of Labor.
(5) The term ``worker'' means an individual who is the
subject of foreign labor contracting activity.
CHAPTER 3--TECHNICAL CORRECTION
SEC. 521. TECHNICAL CORRECTION.
Section 212 of the Immigration and Nationality Act is amended by
redesignating the second subsection (t), as added by section 1(b)(2)(B)
of the Act entitled ``An Act to amend and extend the Irish Peace
Process Cultural and Training Program Act of 1998'' (Public Law 108-449
(118 Stat. 3470)), as subsection (u).
Subtitle B--Reforms of Certain Classes of Employment-Based Visas
CHAPTER 1--H-1B VISA FRAUD AND ABUSE PROTECTIONS
Subchapter A--H-1B Employer Application Requirements
SEC. 531. MODIFICATION OF APPLICATION REQUIREMENTS.
(a) General Application Requirements.--Subparagraph (A) of section
212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1))
is amended to read as follows:
``(A) The employer--
``(i) is offering and will offer to H-1B
nonimmigrants, during the period of authorized
employment for each H-1B nonimmigrant, wages that are
determined based on the best information available at
the time the application is filed and which are not
less than the highest of--
``(I) the locally determined prevailing
wage level for the occupational classification
in the area of employment;
``(II) the median average wage for all
workers in the occupational classification in
the area of employment; and
``(III) the median wage for skill level 2
in the occupational classification found in the
most recent Occupational Employment Statistics
survey; and
``(ii) will provide working conditions for such H-
1B nonimmigrant that will not adversely affect the
working conditions of other workers similarly
employed.''.
(b) Internet Posting Requirement.--Subparagraph (C) of such section
212(n)(1) is amended--
(1) by redesignating clause (ii) as subclause (II);
(2) by striking ``(i) has provided'' and inserting the
following:
``(ii)(I) has provided''; and
(3) by inserting before clause (ii), as redesignated by
paragraph (2) of this subsection, the following:
``(i) has posted on the Internet website described
in paragraph (3), for at least 30 calendar days, a
detailed description of each position for which a
nonimmigrant is sought that includes a description of--
``(I) the wages and other terms and
conditions of employment;
``(II) the minimum education, training,
experience, and other requirements for the
position; and
``(III) the process for applying for the
position; and''.
(c) Wage Determination Information.--Subparagraph (D) of such
section 212(n)(1) is amended by inserting ``the wage determination
methodology used under subparagraph (A)(i),'' after ``shall contain''.
(d) Application of Requirements to All Employers.--
(1) Nondisplacement.--Subparagraph (E) of such section
212(n)(1) is amended--
(A) in clause (i)--
(i) by striking ``90 days'' both places it
appears and inserting ``180 days''; and
(ii) by striking ``(i) In the case of an
application described in clause (ii), the'' and
inserting ``The''; and
(B) by striking clause (ii).
(2) Recruitment.--Subparagraph (G)(i) of such section
212(n)(1) is amended by striking ``In the case of an
application described in subparagraph (E)(ii), subject'' and
inserting ``Subject''.
(e) Requirement for Waiver.--Subparagraph (F) of such section
212(n)(1) is amended to read as follows:
``(F) The employer shall not place, outsource, lease, or
otherwise contract for the services or placement of H-1B
nonimmigrants with another employer unless the employer of the
alien has been granted a waiver under paragraph (2)(E).''.
SEC. 532. NEW APPLICATION REQUIREMENTS.
Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(1)) is amended by inserting after clause (ii) of subparagraph
(G) the following:
``(H)(i) The employer has not advertised any available
position specified in the application in an advertisement that
states or indicates that--
``(I) such position is only available to an
individual who is or will be an H-1B nonimmigrant; or
``(II) an individual who is or will be an H-1B
nonimmigrant shall receive priority or a preference in
the hiring process for such position.
``(ii) The employer has not solely recruited individuals
who are or who will be H-1B nonimmigrants to fill such
position.
``(I) If the employer employs 50 or more employees in the
United States, the sum of the number of such employees who are
H-1B nonimmigrants plus the number of such employees who are
nonimmigrants described in section 101(a)(15)(L) may not exceed
50 percent of the total number of employees.
``(J) If the employer, in such previous period as the
Secretary shall specify, employed 1 or more H-1B nonimmigrants,
the employer shall submit to the Secretary the Internal Revenue
Service Form W-2 Wage and Tax Statement filed by the employer
with respect to the H-1B nonimmigrants for such period.''.
SEC. 533. APPLICATION REVIEW REQUIREMENTS.
(a) Technical Amendment.--Section 212(n)(1) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(1)), as amended by section 102, is
further amended in the undesignated paragraph at the end, by striking
``The employer'' and inserting the following:
``(K) The employer.''.
(b) Application Review Requirements.--Subparagraph (K) of such
section 212(n)(1), as designated by subsection (a), is amended--
(1) by inserting ``and through the Department of Labor's
website, without charge.'' after ``D.C.'';
(2) by striking ``only for completeness'' and inserting
``for completeness and clear indicators of fraud or
misrepresentation of material fact,'';
(3) by striking ``or obviously inaccurate'' and inserting
``, presents clear indicators of fraud or misrepresentation of
material fact, or is obviously inaccurate'';
(4) by striking ``within 7 days of'' and inserting ``not
later than 14 days after''; and
(5) by adding at the end the following: ``If the
Secretary's review of an application identifies clear
indicators of fraud or misrepresentation of material fact, the
Secretary may conduct an investigation and hearing in
accordance with paragraph (2).''.
Subchapter B--Investigation and Disposition of Complaints Against H-1B
SEC. 541. GENERAL MODIFICATION OF PROCEDURES FOR INVESTIGATION AND
DISPOSITION.
Subparagraph (A) of section 212(n)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)) is amended--
(1) by striking ``(A) Subject'' and inserting ``(A)(i)
Subject'';
(2) by striking ``12 months'' and inserting ``24 months'';
(3) by striking the last sentence; and
(4) by adding at the end the following:
``(ii)(I) Upon the receipt of such a complaint, the
Secretary may initiate an investigation to determine if
such a failure or misrepresentation has occurred.
``(II) The Secretary may conduct surveys of the
degree to which employers comply with the requirements
of this subsection and may conduct annual compliance
audits of employers that employ H-1B nonimmigrants.
``(III) The Secretary shall--
``(aa) conduct annual compliance audits of
not less than 1 percent of the employers that
employ H-1B nonimmigrants during the applicable
calendar year;
``(bb) conduct annual compliance audits of
each employer with more than 100 employees who
work in the United States if more than 15
percent of such employees are H-1B
nonimmigrants; and
``(cc) make available to the public an
executive summary or report describing the
general findings of the audits carried out
pursuant to this subclause.''.
SEC. 542. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.
Subparagraph (C) of section 212(n)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I)--
(i) by striking ``a condition of paragraph
(1)(B), (1)(E), or (1)(F)'' and inserting ``a
condition under subparagraph (A), (B), (C)(i),
(E), (F), (G)(i)(I), (H), (I), or (J) of
paragraph (1)''; and
(ii) by striking ``(1)(C)'' and inserting
``(1)(C)(ii)'';
(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''; 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.'';
(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'';
(B) in subclause (II), by striking the period at
the end and inserting a semicolon and ``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.'';
(3) in clause (iii)--
(A) in the matter preceding subclause (I), by
striking ``90 days'' both places it appears and
inserting ``180 days'';
(B) in subclause (I)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by striking ``and'' at the end;
(C) in subclause (II), by striking the period at
the end and inserting a semicolon and ``and''; and
(D) by adding at the end the following:
``(III) an employer that violates subparagraph (A) of such
paragraph shall be liable to the employees harmed by such
violations for lost wages and benefits.'';
(4) in clause (iv)--
(A) by inserting ``to take, fail to take, or
threaten to take or fail to take, a personnel action,
or'' before ``to intimidate'';
(B) by inserting ``(I)'' after ``(iv)''; and
(C) by adding at the end the following:
``(II) An employer that violates this clause shall be
liable to the employees harmed by such violation for lost wages
and benefits.''; and
(5) in clause (vi)--
(A) by amending subclause (I) to read as follows:
``(I) It is a violation of this clause for an employer who
has filed an application under this subsection--
``(aa) to require an H-1B nonimmigrant to pay a
penalty for ceasing employment with the employer prior
to a date agreed to by the nonimmigrant and the
employer (the Secretary shall determine whether a
required payment is a penalty, and not liquidated
damages, pursuant to relevant State law); and
``(bb) to fail to offer to an H-1B nonimmigrant,
during the nonimmigrant's period of authorized
employment, on the same basis, and in accordance with
the same criteria, as the employer offers to United
States workers, benefits and eligibility for benefits,
including--
``(AA) the opportunity to participate in
health, life, disability, and other insurance
plans;
``(BB) the opportunity to participate in
retirement and savings plans; and
``(CC) cash bonuses and noncash
compensation, such as stock options (whether or
not based on performance).''; and
(B) in subclause (III), by striking ``$1,000'' and
inserting ``$2,000''.
SEC. 543. WAIVER REQUIREMENTS.
(a) In General.--Subparagraph (E) of section 212(n)(2) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended to
read as follows:
``(E)(i) The Secretary of Labor may waive the prohibition in
paragraph (1)(F) if the Secretary determines that the employer seeking
the waiver has established that--
``(I) the employer with whom the H-1B nonimmigrant would be
placed has not displaced, and does not intend to displace, a
United States worker employed by the employer within the period
beginning 180 days before and ending 180 days after the date of
the placement of the nonimmigrant with the employer;
``(II) the H-1B nonimmigrant will not be controlled and
supervised principally by the employer with whom the H-1B
nonimmigrant would be placed; and
``(III) the placement of the H-1B nonimmigrant is not
essentially an arrangement to provide labor for hire for the
employer with whom the H-1B nonimmigrant will be placed.
``(ii) The Secretary shall grant or deny a waiver under this
subparagraph not later than 7 days after the Secretary receives the
application for such waiver.''.
(b) Requirement for Rules.--
(1) Rules for waivers.--The Secretary of Labor shall
promulgate rules, after notice and a period for comment, for an
employer to apply for a waiver under subparagraph (E) of
section 212(n)(2) of such Act, as amended by subsection (a).
(2) Requirement for publication.--The Secretary of Labor
shall submit to Congress and publish in the Federal Register
and other appropriate media a notice of the date that rules
required by paragraph (1) are published.
SEC. 544. INITIATION OF INVESTIGATIONS.
Subparagraph (G) of section 212(n)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)) is amended--
(1) in clause (i), by striking ``if the Secretary'' and all
that follows and inserting ``with regard to the employer's
compliance with the requirements of this subsection.'';
(2) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and inserting
``the Secretary of Labor may conduct an investigation into the
employer's compliance with the requirements of this
subsection.'';
(3) in clause (iii), by striking the last sentence;
(4) by striking clauses (iv) and (v);
(5) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(6) in clause (iv), as so redesignated, by striking ``meet
a condition described in clause (ii), unless the Secretary of
Labor receives the information not later than 12 months'' and
inserting ``comply with the requirements under this subsection,
unless the Secretary of Labor receives the information not
later than 24 months'';
(7) by amending clause (v), as so redesignated, to read as
follows:
``(v) The Secretary of Labor shall provide notice to an
employer of the intent to conduct an investigation. The notice
shall be provided in such a manner, and shall contain
sufficient detail, to permit the employer to respond to the
allegations before an investigation is commenced. The Secretary
is not required to comply with this clause if the Secretary
determines that such compliance would interfere with an effort
by the Secretary to investigate or secure compliance by the
employer with the requirements of this subsection. A
determination by the Secretary under this clause shall not be
subject to judicial review.'';
(8) in clause (vi), as so redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of Labor,
after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under this
subsection, the Secretary shall provide interested parties with
notice of such determination and an opportunity for a hearing
in accordance with section 556 of title 5, United States Code,
not later than 120 days after the date of such
determination.''; and
(9) by adding at the end the following:
``(vii) If the Secretary of Labor, after a hearing, finds a
reasonable basis to believe that the employer has violated the
requirements under this subsection, the Secretary shall impose
a penalty under subparagraph (C).''.
SEC. 545. INFORMATION SHARING.
Subparagraph (H) of section 212(n)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)) is amended to read as follows:
``(H) The Director of United States Citizenship and Immigration
Services shall provide the Secretary of Labor with any information
contained in the materials submitted by employers of H-1B nonimmigrants
as part of the adjudication process that indicates that the employer is
not complying with visa program requirements for H-1B nonimmigrants.
The Secretary may initiate and conduct an investigation and hearing
under this paragraph after receiving information of noncompliance under
this subparagraph.''.
SEC. 546. CONFORMING AMENDMENT.
Subparagraph (F) of section 212(n)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended by striking ``The preceding
sentence shall apply to an employer regardless of whether or not the
employer is an H-1B-dependent employer.''.
Subchapter C--Other H-1B Provisions
SEC. 551. POSTING AVAILABLE H-1B POSITIONS THROUGH THE DEPARTMENT OF
LABOR.
(a) Department of Labor Website.--Paragraph (3) of section 212(n)
of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended to
read as follows:
``(3)(A) Not later than 90 days after the date of the
enactment of the H-1B and L-1 Visa Reform Act of 2009, the
Secretary of Labor shall establish a searchable Internet
website for posting positions as required by paragraph (1)(C).
Such website shall be available to the public without charge.
``(B) The Secretary may work with private companies or
nonprofit organizations to develop and operate the Internet
website described in subparagraph (A).
``(C) The Secretary may promulgate rules, after notice and
a period for comment, to carry out the requirements of this
paragraph.''.
(b) Requirement for Publication.--The Secretary of Labor shall
submit to Congress and publish in the Federal Register and other
appropriate media a notice of the date that the Internet website
required by paragraph (3) of section 212(n) of such Act, as amended by
subsection (a), will be operational.
(c) Application.--The amendments made by subsection (a) shall apply
to an application filed on or after the date that is 30 days after the
date described in subsection (b).
SEC. 552. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.
(a) Immigration Documents.--Section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the
following:
``(l) Employer To Provide Immigration Paperwork Exchanged With
Federal Agencies.--Not later than 21 business days after receiving a
written request from a former, current, or future employee or
beneficiary, an employer shall provide such employee or beneficiary
with the original (or a certified copy of the original) of all
petitions, notices, and other written communication exchanged between
the employer and the Department of Labor, the Department of Homeland
Security, or any other Federal agency or department that is related to
an immigrant or nonimmigrant petition filed by the employer for such
employee or beneficiary.''.
(b) Report on Job Classification and Wage Determinations.--Not
later than 1 year after the date of the enactment of this Act, the
Comptroller General of the United States shall prepare a report
analyzing the accuracy and effectiveness of the Secretary of Labor's
current job classification and wage determination system. The report
shall--
(1) specifically address whether the systems in place
accurately reflect the complexity of current job types as well
as geographic wage differences; and
(2) make recommendations concerning necessary updates and
modifications.
SEC. 553. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.
(a) In General.--The Secretary of Labor is authorized to hire 200
additional employees to administer, oversee, investigate, and enforce
programs involving nonimmigrant employees described in section
101(a)(15)(H)(i)(B).
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
CHAPTER 2--L-1 NONIMMIGRANTS
SEC. 561. PROHIBITION ON OUTPLACEMENT OF L-1 NONIMMIGRANTS.
(a) In General.--Subparagraph (F) of section 214(c)(2) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended to
read as follows:
``(F)(i) Unless an employer receives a waiver under
clause (ii), an employer may not employ an alien, for a
cumulative period of more than 1 year, who--
``(I) will serve in a capacity involving
specialized knowledge with respect to an
employer for purposes of section 101(a)(15)(L);
and
``(II) will be stationed primarily at the
worksite of an employer other than the
petitioning employer or its affiliate,
subsidiary, or parent, including pursuant to an
outsourcing, leasing, or other contracting
agreement.
``(ii) The Secretary of Homeland Security may grant
a waiver of the requirements of clause (i) for an
employer if the Secretary determines that the employer
has established that--
``(I) the employer with whom the alien
referred to in clause (i) would be placed has
not displaced and does not intend to displace a
United States worker employed by the employer
within the period beginning 180 days after the
date of the placement of such alien with the
employer;
``(II) such alien will not be controlled
and supervised principally by the employer with
whom the nonimmigrant would be placed; and
``(III) the placement of the nonimmigrant
is not essentially an arrangement to provide
labor for hire for an unaffiliated employer
with whom the nonimmigrant will be placed,
rather than a placement in connection with the
provision or a product or service for which
specialized knowledge specific to the
petitioning employer is necessary.
``(iii) The Secretary shall grant or deny a waiver
under clause (ii) not later than 7 days after the date
that the Secretary receives the application for the
waiver.''.
(b) Regulations.--The Secretary of Homeland Security shall
promulgate rules, after notice and a period for comment, for an
employer to apply for a waiver under subparagraph (F)(ii) of section
214(c)(2), as added by subsection (a).
SEC. 562. L-1 EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT AT NEW
OFFICES.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)) is amended by adding at the end the following:
``(G)(i) If the beneficiary of a petition under
this paragraph is coming to the United States to open,
or be employed in, a new office, the petition may be
approved for up to 12 months only if--
``(I) the alien has not been the
beneficiary of 2 or more petitions under this
subparagraph during the immediately preceding 2
years; and
``(II) the employer operating the new
office has--
``(aa) an adequate business plan;
``(bb) sufficient physical premises
to carry out the proposed business
activities; and
``(cc) the financial ability to
commence doing business immediately
upon the approval of the petition.
``(ii) An extension of the approval period under
clause (i) may not be granted until the importing
employer submits an application to the Secretary of
Homeland Security that contains--
``(I) evidence that the importing employer
meets the requirements of this subsection;
``(II) evidence that the beneficiary of the
petition is eligible for nonimmigrant status
under section 101(a)(15)(L);
``(III) a statement summarizing the
original petition;
``(IV) evidence that the importing employer
has fully complied with the business plan
submitted under clause (i)(I);
``(V) evidence of the truthfulness of any
representations made in connection with the
filing of the original petition;
``(VI) evidence that the importing
employer, for the entire period beginning on
the date on which the petition was approved
under clause (i), has been doing business at
the new office through regular, systematic, and
continuous provision of goods and services;
``(VII) a statement of the duties the
beneficiary has performed at the new office
during the approval period under clause (i) and
the duties the beneficiary will perform at the
new office during the extension period granted
under this clause;
``(VIII) a statement describing the
staffing at the new office, including the
number of employees and the types of positions
held by such employees;
``(IX) evidence of wages paid to employees;
``(X) evidence of the financial status of
the new office; and
``(XI) any other evidence or data
prescribed by the Secretary.
``(iii) A new office employing the beneficiary of
an L-1 petition approved under this paragraph shall do
business only through regular, systematic, and
continuous provision of goods and services for the
entire period for which the petition is sought.
``(iv) Notwithstanding clause (ii), and subject to
the maximum period of authorized admission set forth in
subparagraph (D), the Secretary of Homeland Security,
in the Secretary's discretion, may approve a
subsequently filed petition on behalf of the
beneficiary to continue employment at the office
described in this subparagraph for a period beyond the
initially granted 12-month period if the importing
employer has been doing business at the new office
through regular, systematic, and continuous provision
of goods and services for the 6 months immediately
preceding the date of extension petition filing and
demonstrates that the failure to satisfy any of the
requirements described in those subclauses was directly
caused by extraordinary circumstances, as determined by
the Secretary in the Secretary's discretion.''.
SEC. 563. COOPERATION WITH SECRETARY OF STATE.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)), as amended by section 202, is further amended by adding at
the end the following:
``(H) For purposes of approving petitions under
this paragraph, the Secretary of Homeland Security
shall work cooperatively with the Secretary of State to
verify the existence or continued existence of a
company or office in the United States or in a foreign
country.''.
SEC. 564. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST L-1
EMPLOYERS.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)), as amended by sections 202 and 203, is further amended by
adding at the end the following:
``(I)(i) The Secretary of Homeland Security may
initiate an investigation of any employer that employs
nonimmigrants described in section 101(a)(15)(L) with
regard to the employer's compliance with the
requirements of this subsection.
``(ii) If the Secretary receives specific credible
information from a source who is likely to have
knowledge of an employer's practices, employment
conditions, or compliance with the requirements under
this subsection, the Secretary may conduct an
investigation into the employer's compliance with the
requirements of this subsection. The Secretary may
withhold the identity of the source from the employer,
and the source's identity shall not be subject to
disclosure under section 552 of title 5, United States
Code.
``(iii) The Secretary shall establish a procedure
for any person desiring to provide to the Secretary
information described in clause (ii) that may be used,
in whole or in part, as the basis for the commencement
of an investigation described in such clause, to
provide the information in writing on a form developed
and provided by the Secretary and completed by or on
behalf of the person.
``(iv) No investigation described in clause (ii)
(or hearing described in clause (vi) based on such
investigation) may be conducted with respect to
information about a failure to comply with the
requirements under this subsection, unless the
Secretary receives the information not later than 24
months after the date of the alleged failure.
``(v) Before commencing an investigation of an
employer under clause (i) or (ii), the Secretary shall
provide notice to the employer of the intent to conduct
such investigation. The notice shall be provided in
such a manner, and shall contain sufficient detail, to
permit the employer to respond to the allegations
before an investigation is commenced. The Secretary is
not required to comply with this clause if the
Secretary determines that to do so would interfere with
an effort by the Secretary to investigate or secure
compliance by the employer with the requirements of
this subsection. There shall be no judicial review of a
determination by the Secretary under this clause.
``(vi) If the Secretary, after an investigation
under clause (i) or (ii), determines that a reasonable
basis exists to make a finding that the employer has
failed to comply with the requirements under this
subsection, the Secretary shall provide the interested
parties with notice of such determination and an
opportunity for a hearing in accordance with section
556 of title 5, United States Code, not later than 120
days after the date of such determination. If such a
hearing is requested, the Secretary shall make a
finding concerning the matter by not later than 120
days after the date of the hearing.
``(vii) If the Secretary, after a hearing, finds a
reasonable basis to believe that the employer has
violated the requirements under this subsection, the
Secretary shall impose a penalty under subparagraph
(L).
``(viii)(I) The Secretary may conduct surveys of
the degree to which employers comply with the
requirements under this section.
``(II) The Secretary shall--
``(aa) conduct annual compliance audits of
not less than 1 percent of the employers that
employ nonimmigrants described in section
101(a)(15)(L) during the applicable fiscal
year;
``(bb) conduct annual compliance audits of
each employer with more than 100 employees who
work in the United States if more than 15
percent of such employees are nonimmigrants
described in 101(a)(15)(L); and
``(cc) make available to the public an
executive summary or report describing the
general findings of the audits carried out
pursuant to this subclause.''.
SEC. 565. WAGE RATE AND WORKING CONDITIONS FOR L-1 NONIMMIGRANT.
(a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)), as amended by sections 202, 203,
and 204, is further amended by adding at the end the following:
``(J)(i) An employer that employs a nonimmigrant described in
section 101(a)(15)(L) for a cumulative period of time in excess of 1
year shall--
``(I) offer such nonimmigrant, during the period of
authorized employment, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--
``(aa) the locally determined prevailing wage level
for the occupational classification in the area of
employment;
``(bb) the median average wage for all workers in
the occupational classification in the area of
employment; and
``(cc) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and
``(II) provide working conditions for such nonimmigrant
that will not adversely affect the working conditions of
workers similarly employed.
``(ii) If an employer, in such previous period specified by the
Secretary of Homeland Security, employed 1 or more such nonimmigrants,
the employer shall provide to the Secretary of Homeland Security the
Internal Revenue Service Form W-2 Wage and Tax Statement filed by the
employer with respect to such nonimmigrants for such period.
``(iii) It is a failure to meet a condition under this subparagraph
for an employer who has filed a petition to import 1 or more aliens as
nonimmigrants described in section 101(a)(15)(L)--
``(I) to require such a nonimmigrant to pay a penalty for
ceasing employment with the employer before a date mutually
agreed to by the nonimmigrant and the employer; or
``(II) to fail to offer to such a nonimmigrant, during the
nonimmigrant's period of authorized employment, on the same
basis, and in accordance with the same criteria, as the
employer offers to United States workers, benefits and
eligibility for benefits, including--
``(aa) the opportunity to participate in health,
life, disability, and other insurance plans;
``(bb) the opportunity to participate in retirement
and savings plans; and
``(cc) cash bonuses and noncash compensation, such
as stock options (whether or not based on performance).
``(iv) The Secretary of Homeland Security shall determine whether a
required payment under clause (iii)(I) is a penalty (and not liquidated
damages) pursuant to relevant State law.''.
(b) Regulations.--The Secretary of Homeland Security shall
promulgate rules, after notice and a period of comment, to implement
the requirements of subparagraph (J) of section 214(c)(2) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as added by
subsection (a). In promulgating these rules, the Secretary shall take
into consideration any special circumstances relating to intracompany
transfers.
SEC. 566. PENALTIES.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)), as amended by sections 202, 203, 204, and 205, is further
amended by adding at the end the following:
``(K)(i) If the Secretary of Homeland Security finds, after notice
and an opportunity for a hearing, a failure by an employer to meet a
condition under subparagraph (F), (G), (J), or (L) or a
misrepresentation of material fact in a petition to employ 1 or more
aliens as nonimmigrants described in section 101(a)(15)(L)--
``(I) the Secretary shall impose such administrative
remedies (including civil monetary penalties in an amount not
to exceed $2,000 per violation) as the Secretary determines to
be appropriate;
``(II) the Secretary may not, during a period of at least 1
year, approve a petition for that employer to employ 1 or more
aliens as such nonimmigrants; and
``(III) in the case of a violation of subparagraph (J) or
(L), the employer shall be liable to the employees harmed by
such violation for lost wages and benefits.
``(ii) If the Secretary finds, after notice and an opportunity for
a hearing, a willful failure by an employer to meet a condition under
subparagraph (F), (G), (J), or (L) or a willful misrepresentation of
material fact in a petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary shall impose such administrative
remedies (including civil monetary penalties in an amount not
to exceed $10,000 per violation) as the Secretary determines to
be appropriate;
``(II) the Secretary may not, during a period of at least 2
years, approve a petition filed for that employer to employ 1
or more aliens as such nonimmigrants; and
``(III) in the case of a violation of subparagraph (J) or
(L), the employer shall be liable to the employees harmed by
such violation for lost wages and benefits.''.
SEC. 567. PROHIBITION ON RETALIATION AGAINST L-1 NONIMMIGRANTS.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)), as amended by sections 202, 203, 204, 205, and 206, is
further amended by adding at the end the following:
``(L)(i) It is a violation of this subparagraph for an employer who
has filed a petition to import 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L) to take, fail to take, or threaten
to take or fail to take, a personnel action, or to intimidate,
threaten, restrain, coerce, blacklist, discharge, or discriminate in
any other manner against an employee because the employee--
``(I) has disclosed information that the employee
reasonably believes evidences a violation of this subsection,
or any rule or regulation pertaining to this subsection; or
``(II) cooperates or seeks to cooperate with the
requirements of this subsection, or any rule or regulation
pertaining to this subsection.
``(ii) In this subparagraph, the term `employee' includes--
``(I) a current employee;
``(II) a former employee; and
``(III) an applicant for employment.''.
SEC. 568. TECHNICAL AMENDMENTS.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)) is amended by striking ``Attorney General'' each place it
appears and inserting ``Secretary of Homeland Security''.
SEC. 569. REPORTS ON L-1 NONIMMIGRANTS.
Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(8)) is amended by inserting ``(L),'' after ``(H),''.
SEC. 570. APPLICATION.
The amendments made by sections 201 through 207 shall apply to
applications filed on or after the date of the enactment of this Act.
SEC. 571. REPORT ON L-1 BLANKET PETITION PROCESS.
(a) Requirement for Report.--Not later than 6 months after the date
of the enactment of this Act, the Inspector General of the Department
of Homeland Security shall submit to the appropriate committees of
Congress a report regarding the use of blanket petitions under section
214(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)(A)). Such report shall assess the efficiency and reliability
of the process for reviewing such blanket petitions, including whether
the process includes adequate safeguards against fraud and abuse.
(b) Appropriate Committees of Congress.--In this section the term
``appropriate committees of Congress'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Homeland Security of the House of
Representatives; and
(4) the Committee on the Judiciary of the House of
Representatives.
SEC. 572. REQUIREMENTS FOR INFORMATION FOR H-1B AND L-1 NONIMMIGRANTS.
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184)
is amended by adding at the end the following:
``(s) Requirements for Information for H-1B and L-1
Nonimmigrants.--
``(1) In general.--Upon issuing a visa to an applicant for
nonimmigrant status pursuant to subparagraph (H)(i)(b) or (L)
of section 101(a)(15) who is outside the United States, the
issuing office shall provide the applicant with--
``(A) a brochure outlining the obligations of the
applicant's employer and the rights of the applicant
with regard to employment under Federal law, including
labor and wage protections;
``(B) the contact information for appropriate
Federal agencies or departments that offer additional
information or assistance in clarifying such
obligations and rights; and
``(C) a copy of the application submitted for the
nonimmigrant under section 212(n) or the petition
submitted for the nonimmigrant under subsection
(c)(2)(A), as appropriate.
``(2) Upon the issuance of a visa to an applicant referred
to in paragraph (1) who is inside the United States, the
issuing officer of the Department of Homeland Security shall
provide the applicant with the material described in clauses
(i), (ii), and (iii) of subparagraph (A).''.
CHAPTER 3--PROTECTION OF H-2B NONIMMIGRANTS
SEC. 581. ENFORCEMENT OF FEDERAL LABOR LAWS RELATING TO H-2B
NONAGRICULTURAL GUEST WORKERS.
(a) In General.--Section 214(c)(14) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(14)) is amended--
(1) in subparagraph (A), by striking ``of Homeland
Security'' each place it appears and inserting ``of Labor'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(4) by adding at the end the following:
``(D) The Secretary of Labor is authorized to take
such actions, including imposing appropriate penalties
and seeking appropriate injunctive relief and specific
performance of contractual obligations, as may be
necessary to assure employer compliance with the terms
and conditions required under this Act for employing
nonimmigrant workers described in section
101(a)(15)(H)(ii)(b), and as required under the
Increasing American Wages and Benefits Act of 2007. The
authority of the Secretary of Labor under this
subparagraph shall not preempt any other rights which
affected persons may have under Federal or State law.
``(E) Any aggrieved person whose wages or working
conditions have been directly and adversely affected by
an employer in violation of applicable laws and
regulations governing the employment of nonimmigrant
workers described in section 101(a)(15)(H)(ii)(b), or
by a violation of the terms and conditions of
employment, may bring a civil action against such
employer in the appropriate district court of the
United States. Such cause of action shall not be
subject to exhaustion of administrative remedies and
shall be in addition to any other causes of action and
remedies that may exist.
``(F) Notwithstanding any other provision of law,
the Legal Services Corporation may provide legal
services on behalf of nonimmigrant workers described in
section 101(a)(15)(H)(ii)(b) regarding the terms and
conditions of employment, transportation, and housing
and other provisions of law applicable to the
employment of such nonimmigrants.''.
(b) Report.--Section 214(g)(10) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)(10)) is amended--
(1) by inserting ``(A)'' after ``(10)''; and
(2) by adding at the end the following:
``(B) Each employer that hires a nonimmigrant
worker described in section 101(a)(15)(H)(ii)(b)
shall--
``(i) notify the Secretary of Labor not
later than 30 days after the conclusion of each
such nonimmigrant's term of employment; and
``(ii) submit to the Secretary of Labor
employment payroll records and similar
documentation showing that the employer paid
the required prevailing wage and
transportation, and other expenses required
under this section and section 212.''.
SEC. 582. RECRUITMENT OF UNITED STATES WORKERS.
Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182)
is amended--
(1) in subsection (p)(3), by striking ``(a)(5)(A),
(n)(1)(A)(i)(II),'' and inserting ``(n)(1)(A)(i)(II)'';
(2) by redesignating subsection (t) (as added by section
1(b)(2)(B) of Public Law 108-449) as subsection (u); and
(3) by adding at the end the following:
``(v)(1) Except as provided under paragraph (5), an employer that
seeks to employ an alien described in section 101(a)(15)(H)(ii)(b)
(referred to in this subsection as an `H-2B nonimmigrant') shall take
the following steps to recruit United States workers for the position
for which the alien is sought not later than 14 days before filing an
application under paragraph (3):
``(A) The employer shall submit a copy of the job offer,
including a description of the wages and other terms and
conditions of employment, to the State Workforce Agency that
serves the area of employment in the State in which the
employer is located (referred to in this subsection as the
`SWA'). The SWA shall provide the employer with an
acknowledgment of receipt of such documentation in accordance
with this paragraph.
``(B) The employer shall authorize the SWA to post the job
opportunity on the Internet through the website for `America's
Job Bank', with local job banks, and with unemployment agencies
and other labor referral and recruitment sources pertinent to
such job opportunity.
``(C) The employer shall authorize the SWA to provide
notification of the job opportunity, and the SWA shall
designate that these are job opportunities for which H-2B visas
have been requested, to--
``(i) the central office of the State Federation of
Labor in the State in which the job is located; and
``(ii) the office of the local union which
represents the employees in the same or substantially
equivalent job classification, if applicable.
``(D) The employer shall post the availability of the job
opportunity for which the employer is seeking a worker in
conspicuous locations at the place of employment for all
employees to see.
``(E) The employer shall advertise the availability of the
job opportunity for which the employer is seeking a worker in a
publication with the highest circulation in the labor market
that is likely to be patronized by a potential worker for at
least 5 consecutive days.
``(F) Based on recommendations by the local job service,
the employer shall advertise the availability of the job
opportunity in professional, trade, or local minority and
ethnic publications that are likely to be patronized by a
potential worker.
``(2) An employer that seeks to employ an H-2B nonimmigrant shall--
``(A) first offer the job to any eligible United States
worker who--
``(i) applies;
``(ii) is qualified for the job; and
``(iii) is available at the time of need; and
``(B) maintain, for at least 3 years after the employment
relation is terminated, documentation of recruitment efforts
and responses conducted and received before filing an
application with the Department of Labor, including--
``(i) resumes;
``(ii) applications; and
``(iii) tests of United States workers who applied
and were not hired for the job the employer seeks to
fill with a nonimmigrant worker, if applicable.
``(3) An employer that seeks to hire an H-2B nonimmigrant shall
submit an application to the Secretary of Labor that includes a
certification, under penalty of perjury, that--
``(A) the employer has not made a job offer to a United
States worker, which imposed restrictions or obligations that
will not be imposed on an H-2B nonimmigrant;
``(B) the employer has complied with the recruitment
requirements under paragraph (1);
``(C) the employer will offer an H-2B nonimmigrant not less
than the same benefits and working conditions provided to
United States workers similarly employed in the same
occupational classification at the same actual place of
employment in addition to paying an H-2B nonimmigrant a
prevailing wage rate not less than the wage rate offered to
United States workers;
``(D) there is currently no strike, lockout, or labor
dispute (as defined in section 2(9) of the Labor-Management
Relations Act (29 U.S.C. 152(9))), at the same place of
employment, which affects employees in the same occupational
classification in which an H-2B nonimmigrant will be employed;
``(E) the employer will comply with all applicable laws and
regulations relating to the right of workers to join or
organize a union (including rights protected under section 7 of
the Labor-Management Relations Act (29 U.S.C. 157));
``(F) the employer has--
``(i) provided notice of the filing of an
application to the bargaining representative of
employees, if any, working in the same occupational
classification at the place of employment as an H-2B
nonimmigrant who the employer intends to employ; or
``(ii) if there is no such bargaining
representative, posted notice of filing such
application in conspicuous locations at the place of
employment for all employees to see for not fewer than
14 business days; and
``(G) the requirements applicable to the job, which the
employer intends to hire an H-2B nonimmigrant to perform,
represent the actual minimum requirements applicable to that
job and the employer will not hire an H-2B nonimmigrant to
perform the job who has less training or experience than the
employer's other employees.
``(4)(A) An employer that applies to hire an H-2B nonimmigrant
shall hire any qualified United States worker who applies for the job
for which such nonimmigrant was intended to be employed if such United
States worker applies before the date that is 30 days before the date
on which the last such H-2B nonimmigrant is scheduled to begin work for
such employer.
``(B) The Secretary of Labor, through the workforce agency of a
State, as appropriate, shall provide information about applications for
H-2B nonimmigrants, including information about domestic workers who
apply for jobs but are not hired, to a United States worker, nonprofit
organization, or union not later than 48 hours after such worker,
organization, or union requests such information.''.
SEC. 583. PREVAILING WAGES FOR UNITED STATES WORKERS AND H-2B WORKERS.
Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182),
as amended by section 102, is further amended by adding at the end the
following:
``(w)(1) No alien may be admitted or provided status as a
nonimmigrant under section 101(a)(15)(H)(ii)(b) in an occupational
classification unless the Secretary of Labor certifies that the
employer--
``(A) is offering and will offer during the period of
authorized employment to aliens admitted or provided such
status the wage rate set forth in the collective bargaining
agreement, if the job opportunity is covered by a collective
bargaining agreement;
``(B) if the job opportunity is not covered by a collective
bargaining agreement, the wage the employer is offering and
will offer, to any alien or United States worker employed by or
offered employment by the employer, during the period of
authorized employment for aliens admitted or provided such
status, wages that are not less than the higher of--
``(i) the wage determination, if any, issued
pursuant to subchapter IV of chapter 31 of title 40,
United States Code (commonly known as the `Davis-Bacon
Act');
``(ii) the wage determination, if any, issued
pursuant to the Service Contract Act of 1965 (41 U.S.C.
351 et seq.);
``(iii) the median rate of the highest 66 percent
of the wage data applicable to such occupational
classification under the most recently published
Occupational Employment Statistics Survey, compiled by
the Bureau of Labor Statistics; or
``(iv) a wage that is not less than 150 percent of
the Federal minimum wage in effect under the Fair Labor
Standards Act (29 U.S.C. 201 et seq.); and
``(C) will provide working conditions for such alien that
will not adversely affect the working conditions of workers
similarly employed.
``(2) An employer may not appeal a decision of the Secretary of
Labor concerning the wages required to be paid under paragraph (1)(A)
unless United States workers and their labor representatives are given
the opportunity to submit contrary evidence or appeal that such
required wages are too low.
``(3) An employer may not hire a nonimmigrant described in section
101(a)(15)(H)(ii)(b) unless--
``(A) real prevailing wages in the occupational
classification in which such nonimmigrant is to be hired are at
least 3 percent higher than such wages during the preceding
year under the Occupational Employment Statistics Survey
compiled by the Bureau of Labor Statistics; or
``(B) the employer offers to pay the H-2B worker or a
United States worker a wage in the occupational classification
in which such worker is to be hired that is at least 3 percent
higher during the preceding year, after adjusting for inflation
under the Occupational Employment Survey.''.
SEC. 584. CERTIFICATION REQUIREMENT.
Section 214(c)(14) of the Immigration and Nationality Act, as
amended by section 101, is further amended by adding at the end the
following:
``(G) A petition by an employer seeking to hire an alien described
in section 101(a)(15)(H)(ii)(b) shall not be approved until the
employer has provided written certification, under penalty of perjury,
to the Secretary of Labor that--
``(i) the employer has not been required under law to
provide a notice of a mass layoff pursuant to the Worker
Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.) during the 12-month period immediately preceding the date
on which the alien is to be hired; and
``(ii) the employer does not intend to provide a notice of
a mass layoff pursuant to such Act.
``(H) If an employer is required under law to provide a notice of a
mass layoff pursuant to such Act after hiring nonimmigrants granted
status under section 101(a)(15)(H)(ii)(b), the status of such
nonimmigrants shall expire on the date that is 60 days after the date
on which such notice is provided.
``(I) An employer shall be exempt from the requirements under
subparagraphs (G) and (H) if the employer provides written
certification, under penalty of perjury, that the total number of the
employer's employees in the United States will not be reduced as a
result of a mass layoff.''.
SEC. 585. PROTECTIONS FOR WORKERS.
Section 214(c)(14) of the Immigration and Nationality Act, as
amended by section 104, is further amended by adding at the end the
following:
``(J) Employers who hire nonimmigrants described in
section 101(a)(15)(H)(ii)(b) shall reimburse the
nonimmigrants for the reasonable transportation costs
incurred by such nonimmigrants and United States
workers to initially reach the job site and, once the
period of employment for the job opportunity is
completed, to return to their countries of origin or to
the next place of employment, if the worker has
contracted with a subsequent employer who has not
agreed to provide or pay for the worker's
transportation to such subsequent employer's place of
employment. The amount of reimbursement for such
transportation expenses shall not exceed the lesser
of--
``(i) the actual cost to the worker or
alien of the transportation and subsistence
involved; or
``(ii) the most economical and reasonable
common carrier transportation charges and
subsistence costs for the distance involved.
``(K)(i) Employers who hire nonimmigrants described
in section 101(a)(15)(H)(ii)(b) shall guarantee to
offer the worker employment for at least 75 percent of
the workdays of the total periods during which the work
contract and all extensions of such contract are in
effect, beginning with the first workday after the
arrival of the worker at the place of employment and
ending on the expiration date specified in the work
contract or in its extensions, if any.
``(ii) If the employer affords a worker during the
total work contract period less employment than that
required under this subparagraph, the employer shall
pay the worker the amount which the worker would have
earned had the worker worked for the guaranteed number
of days.
``(iii) In this subparagraph, the term `workday'--
``(I) means a day in which the worker is
offered the number of hours stated in the job
order; and
``(II) excludes the worker's Sabbath and
Federal holidays.
``(iv) A work guarantee does not meet the
requirements under this subparagraph unless the number
of hours of work offered by the employer is equal to
not less than the product of--
``(I) 75 percent of the workdays;
multiplied by
``(II) the average number of hours per day
stated in the job order.
``(v) A worker may be offered more than the
specified hours of work on a single workday.
``(vi) The employer may not require, for purposes
of meeting the work guarantee, that the worker work
longer than the number of hours specified in the job
order on a workday, the worker's Sabbath, or a Federal
holiday.
``(L) If the job opportunity is not covered by the
State workers' compensation law, the employer will
provide, at no cost to the worker, insurance covering
injury and disease arising out of, and in the course
of, the worker's employment which will provide benefits
at least equal to those provided under the State's
workers' compensation law for comparable employment.''.
SEC. 586. PETITIONS BY EMPLOYERS THAT HAVE SIGNED LABOR AGREEMENTS WITH
UNIONS THAT OPERATE HIRING HALLS.
Section 212(v) of the Immigration and Nationality Act, as added by
section 102, is amended by adding at the end the following:
``(5) An employer that seeks to hire an H-2B nonimmigrant
may file an application with the Secretary of Labor in
accordance with this paragraph, instead of complying with
paragraphs (1) through (4), if--
``(A) the employer has signed a labor agreement
with a labor organization (as defined in section 2(5)
of the Labor-Management Relations Act (29 U.S.C.
152(5)) under which the labor organization is
responsible for referring applicants for employment to
the employer under a procedure commonly known as a
`hiring hall' or `referral hall'; and
``(B) the application is accompanied by a written
statement prepared by the labor organization attesting
that--
``(i) the labor organization operates a
hiring hall that, pursuant to contractual
agreement and actual practice, is a source of
employees in the same or substantially
equivalent occupational classification in which
the employer seeks to employ an H-2B
nonimmigrant;
``(ii) the labor organization does not have
a sufficient number of qualified applicants
available for referral in the same or
substantially equivalent occupational
classification in which the employer seeks to
employ an H-2B nonimmigrant;
``(iii) the labor organization has
advertised, for at least 5 consecutive days,
the availability of the job opportunity for
which the employer is seeking to employ an H-2B
nonimmigrant in the publication with the
highest circulation in the labor market that is
likely to be patronized by potential
applicants;
``(iv) the employer is contractually
obligated to pay all employees, in the same or
substantially equivalent occupational
classification in which the employer seeks to
employ an H-2B nonimmigrant, wages and benefits
set forth in a labor agreement with the labor
organization, which equals or exceeds the
prevailing wage rate the employer would be
obligated to pay; and
``(v) the H-2B nonimmigrants who the
employer seeks to employ will be paid not less
than the same wages and benefits and be subject
to the same terms and conditions of employment
set forth in the employer's labor agreement
with the labor organization.''.
SEC. 587. H-2B NONIMMIGRANT LABOR CERTIFICATION APPLICATION FEES.
(a) Establishment of Fees.--Section 212(a)(5)(A) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding the
following:
``(v) Establishment of h-2b employment
certification application fee.--
``(I) In general.--The Secretary of
Labor shall impose a fee on an employer
that submits an application for an
employment certification for aliens
granted nonimmigrant status under
section 101(a)(15)(H)(ii)(b) to the
Secretary of Labor under this
subparagraph on or after the date that
is 30 days after the date of enactment
of the Increasing American Wages and
Benefits Act of 2007.
``(II) Fee during initial year.--
During the period beginning 30 days
after the date of enactment of the
Increasing American Wages and Benefits
Act of 2007 and ending 1 year after
such date, the fee imposed under
subclause (I) shall be $800 for each
application.
``(III) Fee after initial year.--
After the date that is one year after
the date of enactment of the Increasing
American Wages and Benefits Act of
2007, the fee imposed under subclause
(I) shall be set at a level the
Secretary of Labor determines will
ensure recovery of the full costs of
carrying out labor certification
activities under this subparagraph and
will recover any additional costs
associated with the administration of
the fees collected.
``(IV) Prohibition on employer
accepting reimbursement of fee.--
``(aa) In general.--An
employer subject to a fee under
this clause shall not require
or accept reimbursement,
directly or indirectly, of or
other compensation for all or
part of the cost of such fee.
``(bb) Civil penalty.--If
the Secretary of Labor
determines, after notice and
opportunity for a hearing, that
a violation of item (aa) has
occurred, the Secretary of
Labor may impose a civil
penalty in an amount not to
exceed $5,000 per violation.
``(V) Deposit of fees and
penalties.--Fees and civil penalties
collected under this clause shall be
deposited in the `H-2B Employment
Certification Application Fee Account'
established under section 286(x).''.
(b) Establishment of Account and Use of Fund.--Section 286 of the
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at
the end the following:
``(x) H-2B Employment Certification Application Fee Account.--
``(1) Establishment of account.--There is established in
the general fund of the Treasury a separate account, which
shall be known as the `H-2B Employment Certification
Application Fee Account'. Notwithstanding any other provision
of this title, there shall be deposited as offsetting receipts
into the account all amounts from the fees and civil penalties
collected under section 212(a)(5)(A)(v).
``(2) Use of fees.--Of the amounts deposited into the H-2B
Employment Certification Application Fee Account under this
subsection in each fiscal year, the Secretary of Labor shall
use such amounts as the Secretary of Labor determines are
necessary for the costs of Federal administration, including
personnel, in carrying out labor certification activities under
section 212(a)(5)(A), and to assist the States, as appropriate,
in the determination of prevailing wages for purposes of
carrying out such section.
``(3) Availability of funds.--The fees deposited into the
H-2B Employment Certification Application Fee Account under
this subsection shall remain available until expended for the
activities described in paragraph (2).''.
(c) Program Integrity.--Section 212(a)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(5)(A)), as amended by subsection (a),
is further amended by adding at the end the following:
``(vi) Program integrity regulations.--The
Secretary of Labor may prescribe such
regulations as may be necessary to ensure the
integrity of the labor certification process
carried out under this subparagraph. Such
regulations may include standards and
procedures under which employers and their
representatives are excluded from participation
in the labor certification process under this
subparagraph.''.
CHAPTER 4--ADJUSTMENTS TO THE EB-5 VISA PROGRAM
SEC. 591. PERMANENT REAUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM;
APPLICATION FEE.
(a) In General.--Section 610 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1993 (8 U.S.C. 1153 note) is amended--
(1) by striking ``pilot'' each place it appears;
(2) in subsection (b), by striking ``for 15 years''; and
(3) by adding at the end the following:
``(e) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fee of $2,500 to apply
for designation as a regional center under this section. Fees collected
under this subsection shall be deposited in the Treasury in accordance
with section 286(y) of the Immigration and Nationality Act (8 U.S.C.
1356(y)).''.
(b) Establishment of Account; Use of Fees.--Section 286 of the
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at
the end the following:
``(y) Immigrant Entrepreneur Regional Center Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`Immigrant Entrepreneur Regional Center Account'.
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account all fees
collected under section 610(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1153 note) and any fees
collected in connection with forms I-526 or I-829.
``(2) Use of fees.--Fees collected under this section may
only be used by the Secretary of Homeland Security to
administer and operate the employment creation program
described in section 203(b)(5).''.
(c) Rulemaking.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
prescribe regulations to implement the amendments made by this section.
(d) Effective Date.--The amendments made by subsections (a)(3) and
(b) shall take effect on the effective date of the regulations
prescribed pursuant to subsection (c). The remaining amendments made by
this section shall take effect on the date of the enactment of this
Act.
SEC. 592. PREMIUM PROCESSING FEE FOR EB-5 IMMIGRANT INVESTORS.
Section 286(u) of the Immigration and Nationality Act (8 U.S.C.
1356(u)) is amended by adding at the end the following: ``In the case
of a petition filed under section 204(a)(1)(H) for classification under
section 203(b)(5), if the petitioner desires a guarantee of a decision
on the petition in 60 days or less, the premium fee under this
subsection shall be set at $2,500 and shall be deposited as offsetting
receipts in the Immigrant Entrepreneur Regional Center Account
established under subsection (y).''.
SEC. 593. CONCURRENT FILING OF EB-5 PETITIONS AND APPLICATIONS FOR
ADJUSTMENT OF STATUS.
Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255)
is amended by adding at the end the following:
``(n) If, at the time a petition is filed for classification
through a regional center under section 203(b)(5), approval of the
petition would make a visa immediately available to the alien
beneficiary, the alien beneficiary's adjustment application under this
section shall be considered to be properly filed whether the
application is submitted concurrently with, or subsequent to, the visa
petition.''.
SEC. 594. IMPROVED SET-ASIDE FOR TARGETED EMPLOYMENT AREAS.
Section 203(b)(5)(B) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(5)(B)) is amended as follows:
(1) Targeted employment area defined.--Clause (ii) is
amended to read as follows:
``(ii) Targeted employment area defined.--
In this paragraph, the term `targeted
employment area' means, at the time a petition
for classification under this paragraph is
filed, any of the following:
``(I) A rural area.
``(II) An area that has experienced
high unemployment (of at least 150
percent of the national average rate).
``(III) A county that has had a 20
percent or more decrease in population
since 1970.
``(IV) An area that is within the
boundaries established for purposes of
a State or Federal economic development
incentive program, including areas
defined as Enterprise Zones, Renewal
Communities and Empowerment Zones.
``(V) An area designated by a State
agency to which the Governor has
delegated the authority to designate
targeted employment areas within the
State.''.
(2) Rural area defined.--Clause (iii) is amended by
striking ``other than an area within a metropolitan statistical
area or''.
(3) Effect of prior determination.--Such section is amended
by adding at the end the following:
``(iv) Effect of prior determination.--In a
case in which a geographic area is determined
under clause (ii) to be a targeted employment
area, such determination shall remain in effect
during the 2-year period beginning on the date
of the determination for purposes of any alien
seeking a visa reserved under this
subparagraph.''.
SEC. 595. SET-ASIDE OF VISAS FOR REGIONAL CENTER PROGRAM.
Section 610(b) of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C.
1153 note) is amended by striking ``3,000'' and inserting ``10,000''.
SEC. 596. EXTENSION.
Subparagraph (A) of section 216A(d)(2) of the Immigration and
Nationality Act (8 U.S.C. 1186b(d)(2)(A)) is amended by adding at the
end the following: ``A date specified by the applicant (but not later
than the fourth anniversary) shall be substituted for the second
anniversary in applying the preceding sentence if the applicant
demonstrates that the applicant has attempted to follow his business
model in good faith, provides an explanation for the delay in filing
the petition that is based on circumstances outside of the applicant's
control, and demonstrates that such circumstances will be able to be
resolved within the specified period.''.
SEC. 597. STUDY.
(a) In General.--The Secretary of the Department of Homeland
Security, in appropriate consultation with the Secretary of Commerce
and other interested parties, shall conduct a study concerning the
following:
(1) Current job creation counting methodology and initial
projections under section 203(b)(5) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)).
(2) How best to promote the employment creation program
described in such section overseas to potential immigrant
investors.
(b) Report.--The Secretary of Homeland Security shall submit a
report to the Congress not later than 1 year after the date of the
enactment of this Act containing the results of the study conducted
under subsection (a).
SEC. 598. FULL-TIME EQUIVALENTS.
(a) In General.--Section 203(b)(5)(A)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting
``(or full-time equivalent)'' after ``full-time''.
(b) Definition.--Section 203(b)(5)(D) of such Act (8 U.S.C.
1153(b)(5)(D)) is amended to read as follows:
``(D) Employment-related definitions.--
``(i) Full-time employment defined.--In
this paragraph, the term `full-time employment'
means employment in a position that requires at
least 35 hours of service per week at any time,
regardless of who fills the position.
``(ii) Full-time equivalent employment
defined.--In this paragraph, the term `full-
time equivalent employment' means employment
representing the number of full-time employees
that could have been employed if the reported
number of hours worked by part-time employees
had been worked by full-time employees. This
shall be calculated by dividing the part-time
hours paid by the standard number of hours for
full-time employees.''.
SEC. 599. ELIGIBILITY FOR ADJUSTMENT OF STATUS.
Section 245(k) of the Immigration and Nationality Act (8 U.S.C.
1255(k)) is amended, in the matter preceding paragraph (1), by striking
``(1), (2), or (3)'' and inserting ``(1), (2), (3), or (5)''.
SEC. 599A. EXPANSION OF EB-5 ELIGIBILITY TO INCLUDE QUALIFIED
IMMIGRANTS WHO COMPLETE INVESTMENT AGREEMENTS.
(a) Changes to Investment Criteria.--Section 203(b)(5)(A) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)) is amended--
(1) in the matter preceding clause (i), by striking
``partnership)--'' and inserting ``partnership) as follows:'';
(2) in clause (i)--
(A) by striking ``(i) in which'' and inserting the
following:
``(i) A new commercial enterprise--
``(I) in which'';
(B) by striking ``, and'' at the end and inserting
a semicolon; and
(C) by adding at the end the following:
``(II) with respect to which such
alien has completed an investment
agreement with a qualified venture
capital operating company for an
investment in the enterprise of an
amount not less than the amount
specified in subparagraph (C); or
``(III) with respect to which such
alien has completed an investment
agreement with 1 or more angel
investors for an investment in the
enterprise of an amount not less than
the amount specified in subparagraph
(C).''; and
(3) in clause (ii)--
(A) by striking ``(ii) which will'' and inserting
the following:
``(ii) In the case of an enterprise--
``(I) described in clause (i)(I),
which will'';
(B) by striking the period at the end and inserting
``; or''; and
(C) by adding at the end the following:
``(II) described in subparagraph
(II) or (III) of clause (i), which will
benefit the United States economy and
create full-time employment for not
fewer than 5 United States citizens or
aliens lawfully admitted for permanent
residence or other immigrants lawfully
authorized to be employed in the United
States (other than the immigrant and
the immigrant's spouse, sons, or
daughters).''.
(b) Changes to Capital Requirements.--Section 203(b)(5)(C)(i) of
such Act (8 U.S.C. 1153(b)(5)(C)(i)) is amended by inserting after
``$1,000,000'' the following: ``in the case of an enterprise described
in subparagraph (A)(i)(I), $500,000 in the case of an enterprise
described in subparagraph (A)(i)(II), and $500,000 in the case of an
enterprise described in subparagraph (A)(i)(III)''.
(c) Definitions.--Section 203(b)(5) of such Act (8 U.S.C.
1153(b)(5)) is amended by adding at the end the following:
``(E) Qualified venture capital operating company
defined.--In this paragraph, the term `qualified
venture capital operating company' means an entity
that--
``(i) is registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1 et seq.);
or
``(ii) is an investment company, as defined
in subsection (a)(1) of section 3 of such Act
(15 U.S.C. 80a-3), that is exempt from
registration under subsection (c)(1) or (c)(7)
of such section, is not registered, and--
``(I) is organized or incorporated,
and domiciled, in the United States,
and the majority ownership of which is
composed of United States citizens or
aliens lawfully admitted to the United
States for permanent residence; or
``(II) is owned or controlled by an
entity that is organized or
incorporated, and domiciled, in the
United States, and the majority
ownership of that entity is composed of
United States citizens or aliens
lawfully admitted to the United States
for permanent residence.
``(F) Angel investor defined.--In this paragraph,
the term `angel investor' means--
``(i) any individual who is a United States
citizen or an alien lawfully admitted to the
United States for permanent residence, or any
entity wholly owned and controlled by United
States citizens or aliens lawfully admitted to
the United States for permanent residence; or
``(ii) any entity that has made at least 5
angel investments totaling at least $500,000
during the 3 years preceding the completion of
an investment agreement described in
subparagraph (A)(i)(III).
``(G) Angel investment.--In this paragraph, the
term `angel investment' means an investment made in a
commercial enterprise that, prior to such investment,
was not owned or controlled by--
``(i) the investor;
``(ii) any member of the immediate family
of the investor; or
``(iii) any entity owned or controlled by
any member of the immediate family of the
investor.''.
(d) Conforming Amendments to Conditional Permanent Status
Provisions.--
(1) Termination of status if finding that qualifying
entrepreneurship improper.--Section 216A(b)(1)(B) of such Act
(8 U.S.C. 1186b(b)(1)(B)) is amended to read as follows:
``(B)(i) the alien--
``(I) did not invest, or was not actively
in the process of investing, the requisite
capital described in section
203(b)(5)(A)(i)(I), or was not sustaining such
actions throughout the period of the alien's
residence in the United States; or
``(II) did not complete an investment
agreement described in subclause (II) or (III)
of section 203(b)(5)(A)(i), or such agreement
was not carried out or was not actively in the
process of being carried out; or
``(ii) the commercial enterprise did not--
``(I) create the minimum number of jobs
required to be created under section
203(b)(5)(A)(ii); or
``(II) generate a profit and at least
$1,000,000 in revenue; or''.
(2) Contents of petition.--Section 216A(d)(1) of such Act
(8 U.S.C. 1186b(d)(1)) is amended--
(A) in the matter preceding subparagraph (A), by
striking ``that the alien--'' and inserting ``that--'';
(B) by amending subparagraph (A) to read as
follows:
``(A)(i) the alien--
``(I) invested, or was actively in the
process of investing, the requisite capital
described in section 203(b)(5)(A)(i)(I), and
sustained such actions throughout the period of
the alien's residence in the United States; or
``(II) completed an investment agreement
described in subclause (II) or (III) of section
203(b)(5)(A)(i), and such agreement was carried
out or was actively in the process of being
carried out; and
``(ii) the commercial enterprise--
``(I) created the minimum number of jobs
required to be created under section
203(b)(5)(A)(ii); or
``(II) generated a profit and at least
$1,000,000 in revenue; and''; and
(C) in subparagraph (B), by inserting ``the alien''
before ``is otherwise''.
CHAPTER 5--EFFECTIVE DATE
SEC. 599B. APPLICATION.
Except as specifically otherwise provided, the amendments made by
this title shall apply to applications filed on or after the date of
the enactment of this Act.
TITLE VI--INTEGRATION OF NEW AMERICANS
Subtitle A--Citizenship Promotion
SEC. 601. IMMIGRATION SERVICE FEES.
(a) In General.--Subsection (m) of section 286 of the Immigration
and Nationality Act (8 U.S.C. 1356(m)) is amended to read as follows:
``(m) Immigration Service Fees.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, all adjudication
fees as are designated by the Secretary of Homeland Security in
regulations shall be deposited as offsetting receipts into a
separate account entitled `Immigration Examinations Fee
Account' in the Treasury of the United States, whether
collected directly by the Secretary or through clerks of
courts.
``(2) Virgin islands and guam.--All fees received by the
Secretary of Homeland Security from applicants residing in the
Virgin Islands of the United States, or in Guam, under this
subsection shall be paid over to the treasury of the Virgin
Islands or to the treasury of Guam, respectively.
``(3) Fees for immigration services.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Homeland Security may set fees for
providing immigration services at a level that will--
``(i) ensure recovery of the full costs of
providing such services, or a portion thereof,
including the costs of similar services
provided without charge to asylum applicants or
other immigrants; and
``(ii) recover the full cost of
administering the collection of fees under this
paragraph, or a portion thereof.
``(B) Report requirement.--The Secretary of
Homeland Security may not increase any fee under this
paragraph above the level of such fee on the day before
the date of the introduction of the Citizenship
Promotion Act of 2009, until--
``(i) the Secretary submits to the
Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report that--
``(I) identifies the direct and
overhead costs associated with
providing immigration services, and
distinguishes such costs from
immigration enforcement and national
security costs;
``(II) identifies the costs
allocable to providing the premium
processing services to business
customers prescribed by section 286(u)
of this Act; describes the extent to
which the fee prescribed in that
section is set at a level that ensures
recovery of those costs; and identifies
the amount of funding that is being
allocated for the infrastructure
improvements in the adjudications and
customer-service processes as
prescribed by that section; and
``(III) contains information
regarding the amount the fee will be
increased; and
``(ii) a period of 45 days has expired
beginning on the date that the report in clause
(i) is received by the committees described in
such clause.
``(4) Waivers of fees for immigration services.--
``(A) Except as otherwise provided in this
paragraph, any of the fees for immigration services
described in paragraph (3)(A) of this section may be
waived by the Department of Homeland Security in any
case under its jurisdiction in which the alien or other
party affected is able to substantiate that he or she
is unable to pay the prescribed fee. The person seeking
a fee waiver must file his or her affidavit, or unsworn
declaration made pursuant to section 1746 of title 28,
United States Code, asking for permission to prosecute
without payment of fee of the application, petition,
appeal, motion, or request, and stating his or her
belief that he or she is entitled to or deserving of
the benefit requested and the reasons for his or her
inability to pay. The officer of the Department of
Homeland Security having jurisdiction to render a
decision on the application, petition, appeal, motion,
or request may, in his or her discretion, grant the
waiver of fee. The payment of the additional sum
prescribed by section 245(i) of the Act when applying
for adjustment of status under section 245 of the Act
may not be waived. The fee for the employment-based
petitions and applications prescribed by section 286(u)
of the Act may not be waived.
``(B) The Secretary of Homeland Security shall
prescribe by regulations the criteria that applicants
must meet for the approval of the waivers of fees in
subparagraph (A), and the documentation that applicants
must submit to substantiate that they meet such
criteria. The regulations shall include a form for the
affidavit or declaration described in subparagraph (A)
that must be completed by applicants for the waivers of
fees. An applicant shall be deemed to have
substantiated that he or she is unable to pay the
prescribed fee if--
``(i) the individual has demonstrated that
within 180 days of the receipt of the
application, he or she qualified for or
received any public benefit funded in whole or
in part by funds provided by the Federal
Government that the Federal agency
administering the Federal funds has determined
to be a Federal `means-tested public benefit'
under the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, Public
Law 104-193; or
``(ii) the individual has demonstrated that
his or her annual household income is at or
below 125 percent of the poverty level, as
indicated in the most recent Federal poverty
guidelines set by the Secretary of Health and
Human Services.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Homeland Security should set fees
under section 286(m)(3) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)(3)), as amended by subsection (a) of this
section, at a level that ensures recovery of only the direct
costs associated with the services described in such section
286(m)(3); and
(2) Congress should appropriate to the Secretary of
Homeland Security such funds as may be necessary to cover the
indirect costs associated with the services described in such
section 286(m)(3).
(c) Technical Amendment.--Section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356) is amended--
(1) in subsections (d), (e), (f), (h), (i), (j), (k), (l),
(n), (o), (q), (t), and (u), by striking ``Attorney General''
each place it appears and inserting ``Secretary of Homeland
Security'';
(2) in subsection (i) of such section, by striking
``Attorney General's'' and inserting ``Secretary's''; and
(3) in subsection (r)--
(A) in paragraph (2), by striking ``Department of
Justice'' and inserting ``Department of Homeland
Security''; and
(B) in paragraphs (3) and (4), by striking
``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.
(d) Funding.--Fees and fines deposited in the Security and
Prosperity Account under section 286(w)(3)(B) of the Immigration and
Nationality Act may be used to carry out this section.
SEC. 602. ADMINISTRATION OF TESTS FOR NATURALIZATION; FULFILLMENT BY
ELDERLY PERSONS OF REQUIREMENT FOR NATURALIZATION
RELATING TO KNOWLEDGE OF ENGLISH LANGUAGE.
(a) In General.--Subsection (a) of section 312 of the Immigration
and Nationality Act (8 U.S.C. 1423) is amended to read as follows:
``(a) Naturalization Test.--
``(1) Requirements.--Except as otherwise provided in this
title, a person may not be naturalized as a citizen of the
United States upon the application of such person if such
person cannot demonstrate the following:
``(A) An understanding of the English language,
including an ability to read, write, and speak words in
the ordinary usage in the English language.
``(B) A knowledge and understanding of--
``(i) the fundamentals of the history of
the United States; and
``(ii) the principles and form of
government of the United States.
``(2) Testing.--
``(A) Uniformity of test administration.--The
Secretary of Homeland Security, in administering any
test that the Secretary uses to determine whether an
applicant for naturalization as a citizen of the United
States has the proficiency and knowledge sufficient to
meet the requirements of paragraph (1), shall
administer such test uniformly throughout the United
States, including the application of the criteria set
forth in subparagraph (B).
``(B) Consideration.--In selecting and phrasing
items in the administration of a test described in
subparagraph (A) and in evaluating the performance of
an applicant on such test, the Secretary shall consider
the following:
``(i) The age of the applicant.
``(ii) The education level of the
applicant.
``(iii) The amount of time the applicant
has resided in the United States.
``(iv) The efforts made by the applicant,
and the opportunities available to the
applicant, to acquire the knowledge and
proficiencies required by paragraph (1).
``(v) Such other factors as the Secretary
considers appropriate.
``(C) English language testing.--The requirement in
paragraph (1)(A) shall be satisfactorily met if an
applicant can--
``(i) speak words in ordinary usage in the
English language; and
``(ii) read or write simple words and
phrases in ordinary usage in the English
language.
``(D) Prohibition on extraordinary and unreasonable
conditions.--The Secretary may not impose any
extraordinary or unreasonable condition on any
applicant seeking to meet the requirements of paragraph
(1).''.
(b) Promoting Citizenship Among the Elderly.--Subsection (b) of
such section is amended--
(1) in paragraph (1), by striking ``subsection (a)'' and
inserting ``subsection (a)(1)'';
(2) by amending paragraph (2) to read as follows:
``(2) The requirement of subsection (a)(1)(A) shall not
apply to any person who, on the date of the filing of the
person's application for naturalization as provided in section
334--
``(A) is over 50 years of age and has been living
in the United States for periods totaling at least
twenty years subsequent to a lawful admission for
permanent residence,
``(B) is over 55 years of age and has been living
in the United States for periods totaling at least 15
years subsequent to a lawful admission for permanent
residence; or
``(C) is over 60 years of age and has been living
in the United States for periods totaling at least 5
years subsequent to a lawful admission for permanent
residence.''.
SEC. 603. VOLUNTARY ELECTRONIC FILING OF APPLICATIONS.
The Secretary of Homeland Security may not require that an
applicant or petitioner for permanent residence or citizenship of the
United States use an electronic method to file any application to, or
access a customer account.
SEC. 604. TIMELY BACKGROUND CHECKS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the process used by the
Department of Justice or the Department of Homeland Security on
the day before the date of the enactment of this Act to conduct
a background check on an applicant for citizenship of the
United States.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act and annually thereafter, the Comptroller
General of the United States shall report to Congress on the
findings of the study required by paragraph (1).
(3) Contents of report.--The report required by paragraph
(2) shall include the following information with respect to the
calendar year preceding the date on which the report is filed:
(A) The number of background checks conducted by
the Department of Justice or the Department of Homeland
Security on applicants for citizenship of the United
States.
(B) The types of such background checks conducted.
(C) The average time spent on each such type of
background check.
(D) A description of the obstacles that impede the
timely completion of such background checks.
(4) Examination of name check conducted by the department
of justice.--The first report required by paragraph (2) shall
also include an examination of the name check conducted by the
Department of Justice to assess the extent to which the name
check provides information relating to the eligibility of
applicants for citizenship of the United States that is not
otherwise provided by other background checks conducted by the
Department of Justice or the Department of Homeland Security.
(b) Timely Completion of Background Checks.--
(1) Attorney general background checks.--With respect to a
request submitted to the Attorney General by the Secretary of
Homeland Security for a background check on an applicant for
temporary or permanent residence or citizenship of the United
States, the Attorney General shall make a reasonable effort to
complete a background check on such applicant not later than 90
days after the Attorney General receives such request from the
Secretary of Homeland Security.
(2) Department of homeland security background checks.--
With respect to background checks on an applicant for temporary
or permanent residence or citizenship of the United States, the
Secretary of Homeland Security shall make a reasonable effort
to complete the background check on such applicant not later
than 90 days after the date the application is received by the
Department of Homeland Security.
(3) Delays on attorney general background checks.--If a
background check described in paragraph (1) is not completed by
the Attorney General before the date that is 91 days after the
date that the Attorney General receives a request described in
paragraph (1)--
(A) the Attorney General shall document the reason
why such background check was not completed before such
date; and
(B) if such background check is not completed
before the date that is 181 days after the date of such
receipt, then the Attorney General shall, not later
than 210 days after the date of such receipt, submit to
the appropriate congressional committees and the
Secretary of Homeland Security a report that
describes--
(i) the reason that such background check
was not completed within 180 days; and
(ii) the earliest date on which the
Attorney General is certain the background
check will be completed.
(4) Delays on department of homeland security background
checks.--If a background check described in paragraph (2) is
not completed by the Secretary of Homeland Security before the
date that is 91 days after the date that the Department of
Homeland Security receives the application described in
paragraph (2)--
(A) the Secretary of Homeland Security shall
document the reason why such background check was not
completed before such date; and
(B) if such background check is not completed
before the date that is 181 days after the date of such
receipt, then the Secretary of Homeland Security shall,
not later than 210 days after the date of such receipt,
submit to the appropriate congressional committees a
report that describes--
(i) the reason that such background check
was not completed within 180 days; and
(ii) the earliest date on which the
Secretary of Homeland Security is certain the
background check will be completed.
(5) Annual report on delayed attorney general background
checks.--Not later than the end of each fiscal year, the
Attorney General shall submit to the appropriate congressional
committees a report containing, with respect to that fiscal
year--
(A) the number of background checks described in
subparagraph (B) of paragraph (3);
(B) the time taken to complete each such background
check;
(C) a statistical analysis of the causes of the
delays in completing such background checks; and
(D) a description of the efforts being made by the
Attorney General to address each such cause.
(6) Notification to applicant.--If, with respect to a
background check on an applicant described in paragraph (2),
the Secretary of Homeland Security is required to furnish a
report under paragraph (3)(B), then the Secretary shall provide
to such applicant a copy of such report, redacted to remove any
classified information contained therein.
(7) Annual report on delayed homeland security background
checks.--Not later than the end of each fiscal year, the
Secretary of Homeland Security shall submit to the appropriate
congressional committees a report containing, with respect to
that fiscal year--
(A) the number of background checks described in
subparagraph (B) of paragraph (4);
(B) the time taken to complete each such background
check;
(C) a statistical analysis of the causes of the
delays in completing such background checks; and
(D) a description of the efforts being made by the
Secretary of Homeland Security to address each such
cause.
(8) Notification to applicant.--If, with respect to a
background check on an applicant described in paragraph (2),
the Secretary of Homeland Security is required to furnish a
report to the appropriate congressional committees under
subsection (b)(4)(B), then the Secretary shall provide to such
applicant a copy of such report, redacted to remove any
classified information contained therein.
(9) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means the following:
(A) The Committee on the Judiciary of the Senate.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(C) The Committee on the Judiciary of the House of
Representatives.
(D) The Committee on Homeland Security of the House
of Representatives.
(10) Funding.--Fees and fines deposited in the Security and
Prosperity Account under section 286(w)(3)(B) of the
Immigration and Nationality Act may be used to carry out this
section.
SEC. 605. NATIONAL CITIZENSHIP PROMOTION PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 6 months following the date
of enactment of this Act, the Secretary of Homeland Security
shall establish a program to assist aliens who have been
lawfully admitted for permanent residence in becoming citizens
of the United States.
(2) Designation.--The program required by paragraph (1)
shall be known as the ``New Americans Initiative'' (in this
section referred to as the ``Program'').
(b) Program Activities.--As part of the Program required by
subsection (a), the Secretary of Homeland Security shall--
(1) award grants in accordance with subsection (c); and
(2) carry out outreach activities in accordance with
subsection (d).
(c) Grants To Support Naturalization Efforts.--
(1) In general.--The Secretary of Homeland Security shall
award grants to eligible entities to assist aliens who have
been lawfully admitted for permanent residence in becoming
citizens of the United States.
(2) Eligible entity defined.--In this subsection, the term
``eligible entity'' means a not-for-profit organization that
has experience working with immigrant communities.
(3) Use of funds.--Grants awarded under this subsection
shall be used for activities to assist aliens who have been
lawfully admitted for permanent residence in becoming citizens
of the United States, including--
(A) conducting English language and citizenship
classes for such aliens;
(B) providing legal assistance, by attorneys or
entities recognized by the Board of Immigration
Appeals, to such aliens to assist such aliens in
becoming citizens of the United States;
(C) carrying out outreach activities and providing
education to immigrant communities to assist such
aliens in becoming citizens of the United States; and
(D) assisting such aliens with applications to
become citizens of the United States, as allowed by
Federal and State law.
(4) Application for grant.--
(A) In general.--Each eligible entity seeking a
grant under this subsection shall submit an application
to the Secretary of Homeland Security at such time, in
such manner, and accompanied by such information as the
Secretary shall require.
(B) Contents.--Each application submitted pursuant
to subparagraph (A) shall include a description of--
(i) the activities for which a grant under
this section is sought;
(ii) the manner in which the entity plans
to leverage available private and State and
local government resources to assist aliens who
have been lawfully admitted for permanent
residence in becoming citizens of the United
States;
(iii) the experience of the entity in
carrying out the activities for which a grant
under this section is sought, including the
number of aliens and geographic regions served
by such entity; and
(iv) the manner in which the entity plans
to employ best practices developed by adult
educators, State and local governments, and
community organizations--
(I) to promote citizenship and
civic participation by such aliens; and
(II) to provide assistance to such
aliens with the process of becoming
citizens of the United States.
(d) Outreach.--The Secretary of Homeland Security shall--
(1) develop outreach materials targeted to aliens who have
been lawfully admitted for permanent residence to encourage
such aliens to apply to become citizens of the United States;
and
(2) make such outreach materials available through--
(A) public service announcements;
(B) advertisements; and
(C) such other media as the Secretary determines is
appropriate.
(e) Funding.--Fees and fines deposited in the Security and
Prosperity Account under section 286(w)(3)(B) of the Immigration and
Nationality Act may be used to carry out this section.
SEC. 606. EFFECTIVE DATE.
The amendments made by this title shall take effect on the date of
the enactment of this Act and shall apply to applications for
naturalization pending on or after such date.
Subtitle B--Miscellaneous
SEC. 611. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY TRAINING.
(a) Grants Authorized.--The Assistant Attorney General, Office of
Justice Programs, may award grants to qualified nonprofit community
organizations to educate, train, and support non-profit agencies,
immigrant communities, and other interested entities regarding the
provisions of this Act and the amendments made by this Act.
(b) Use of Funds.--
(1) In general.--Grants awarded under this section shall be
used--
(A) for public education, training, technical
assistance, government liaison, and all related costs
(including personnel and equipment) incurred by the
grantee in providing services related to this Act; and
(B) to educate, train, and support nonprofit
organizations, immigrant communities, and other
interested parties regarding this Act and the
amendments made by this Act and on matters related to
its implementation.
(2) Education.--In addition to the purposes described in
paragraph (1), grants awarded under this section shall be used
to--
(A) educate immigrant communities and other
interested entities regarding--
(i) the individuals and organizations that
can provide authorized legal representation in
immigration matters under regulations
prescribed by the Secretary; and
(ii) the dangers of securing legal advice
and assistance from those who are not
authorized to provide legal representation in
immigration matters;
(B) educate interested entities regarding the
requirements for obtaining nonprofit recognition and
accreditation to represent immigrants under regulations
prescribed by the Secretary;
(C) provide nonprofit agencies with training and
technical assistance on the recognition and
accreditation process; and
(D) educate nonprofit community organizations,
immigrant communities, and other interested entities
regarding--
(i) the process for obtaining benefits
under this Act or under an amendment made by
this Act; and
(ii) the availability of authorized legal
representation for low-income persons who may
qualify for benefits under this Act or under an
amendment made by this Act.
(c) Diversity.--The Assistant Attorney General shall ensure, to the
extent possible, that the nonprofit community organizations receiving
grants under this section serve geographically diverse locations and
ethnically diverse populations who may qualify for benefits under the
Act.
(d) Funding.--Fees and fines deposited in the Security and
Prosperity Account under section 286(w)(3)(B) of the Immigration and
Nationality Act may be used to carry out this section.
SEC. 612. GRANT PROGRAM TO ASSIST APPLICANTS FOR NATURALIZATION.
(a) Purpose.--The purpose of this section is to establish a grant
program within United States Citizenship and Immigration Services that
provides funding to community-based organizations, including community-
based legal service organizations, as appropriate, to develop and
implement programs to assist eligible applicants for naturalization.
(b) Definitions.--In this section:
(1) Community-based organization.--The term ``community-
based organization'' means a nonprofit, tax-exempt
organization, including a faith-based organization, whose staff
has experience and expertise in meeting the legal, social,
educational, cultural educational, or cultural needs of
immigrants, refugees, persons granted asylum, or persons
applying for such statuses.
(2) IEACA grant.--The term ``IEACA grant'' means an Initial
Entry, Adjustment, and Citizenship Assistance Grant authorized
under subsection (c).
(c) Establishment of Initial Entry, Adjustment, and Citizenship
Assistance Grant Program.--
(1) Grants authorized.--The Secretary, working through the
Director of United States Citizenship and Immigration Services,
may award IEACA grants to community-based organizations.
(2) Use of funds.--Grants awarded under this section may be
used for the design and implementation of programs to provide
the following services:
(A) Initial application.--Assistance and
instruction, including legal assistance, to aliens
making initial application for conditional nonimmigrant
or conditional nonimmigrant dependent classification
under section 401. Such assistance may include
assisting applicants in--
(i) screening to assess prospective
applicants' potential eligibility for
participating in such program;
(ii) filling out applications for such
program;
(iii) gathering proof of identification,
employment, residence, and tax payment;
(iv) gathering proof of relationships of
eligible family members;
(v) applying for any waivers for which
applicants and qualifying family members may be
eligible; and
(vi) any other assistance that the
Secretary or grantee considers useful to aliens
who are interested in filing applications for
treatment under section 401.
(B) Adjustment of status.--Assistance and
instruction, including legal assistance, to aliens
seeking to adjust their status in accordance with
section 402 of this Act or section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255).
(C) Citizenship.--Assistance and instruction to
applicants on--
(i) the rights and responsibilities of
United States citizenship;
(ii) English as a second language;
(iii) civics; or
(iv) applying for United States
citizenship.
(3) Duration and renewal.--
(A) Duration.--Subject to subparagraph (B), each
grant awarded under this section shall be awarded for a
period of not more than 3 years.
(B) Renewal.--The Secretary may renew any grant
awarded under this section in 1-year increments.
(4) Application for grants.--Each entity desiring an IEACA
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require.
(5) Eligible organizations.--A community-based organization
applying for a grant under this section to provide services
described in subparagraph (A), (B), or (C)(iv) of paragraph (2)
may not receive such a grant unless the organization is--
(A) recognized by the Board of Immigration Appeals
under section 292.2 of title 8, Code of Federal
Regulations; or
(B) otherwise directed by an attorney.
(6) Selection of grantees.--Grants awarded under this
section shall be awarded on a competitive basis.
(7) Geographic distribution of grants.--The Secretary shall
approve applications under this section in a manner that
ensures, to the greatest extent practicable, that--
(A) not less than 50 percent of the funding for
grants under this section are awarded to programs
located in the 10 States with the highest percentage of
residents who were born in foreign countries; and
(B) not less than 20 percent of the funding for
grants under this section are awarded to programs
located in States that are not described in
subparagraph (A).
(8) Ethnic diversity.--The Secretary shall ensure that
community-based organizations receiving grants under this
section provide services to an ethnically diverse population,
to the greatest extent possible.
(d) Liaison Between USCIS and Grantees.--The Secretary shall
establish a liaison between United States Citizenship and Immigration
Services and the community of providers of services under this section
to assure quality control, efficiency, and greater client willingness
to come forward.
(e) Reports to Congress.--Not later than 180 days after the date of
enactment of this Act, and July 1 of each subsequent year, the
Secretary shall submit a report to Congress that includes information
regarding--
(1) the status of the implementation of this section;
(2) the grants issued pursuant to this section; and
(3) the activities carried out with such grants.
(f) Source of Grant Funds.--
(1) Application fees.--The Secretary may use funds made
available under section 401(g)(2)(A) of this Act and section
218A(b)(3) of the Immigration and Nationality Act, as added by
this Act, to carry out this section.
(2) Funding.--Fees and fines deposited in the Security and
Prosperity Account under section 286(w)(3)(B) of the
Immigration and Nationality Act may be used to carry out this
section.
(g) Distribution of Conditional Nonimmigrant Visa Fees and Fines.--
Notwithstanding section 401(g)(2)(B), 2 percent of the fees and fines
collected under section 401 shall be made available for grants under
the Initial Entry, Adjustment, and Citizenship Assistance Grant Program
established under this section.
SEC. 613. NATURALIZATION FOR CERTAIN U.S. HIGH SCHOOL GRADUATES.
(a) In General.--Title III of the Immigration and Nationality Act
(8 U.S.C. 1401 et seq.) is amended by inserting after section 320 the
following:
``SEC. 321. CITIZENSHIP FOR CERTAIN U.S. HIGH SCHOOL GRADUATES.
``(a) Requirements Deemed Satisfied.--In the case of an alien
described in subsection (b), the alien shall be deemed to have
satisfied the requirements of section 312(a).
``(b) Aliens Described.--An alien is described in this subsection
if the alien is under 25 years of age on the date on which the alien
submits an application for naturalization under section 334 that
contains the following:
``(1) Transcripts from public or private schools in the
United States that demonstrate the following:
``(A) The alien completed grades 6 through 12 in
the United States and was graduated with a high school
diploma.
``(B) The alien completed a curriculum that
reflects knowledge of United States history,
Government, and civics.
``(2) A copy of the alien's high school diploma.
``(c) Reduced Fee.--The Secretary of Homeland Security shall reduce
the naturalization application fee for an alien described in subsection
(b) by 50 percent.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by inserting after the item relating to
section 320 the following:
``Sec. 321. Citizenship for certain U.S. high school graduates.''.
(c) Applicability.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
applicants for naturalization who apply for naturalization on or after
such date.
(d) Regulations.--The Secretary of Homeland Security shall
promulgate regulations to carry out this section and the amendments
made by this section not later than 180 days after the date of the
enactment of this Act.
SEC. 614. FAMILY INTEGRATION.
Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151)
is amended by striking in subsection (b)(2)(A)(i) the number ``21'' and
inserting the number ``18''.
SEC. 615. CONSIDERATION FOR DOMESTIC RESETTLEMENT OF REFUGEES.
Section 412 is amended as follows:
(1) In subsection (a)(2)(C)(i) strike ``insure'' and insert
``ensure''.
(2) At the end, add the following:
``(V) the geography, climate and
environmental composition of the
proposed resettlement area compared
with that of the geography, climate and
environmental composition of their
country of origin.''.
SEC. 616. CREDITS FOR TEACHERS OF ENGLISH LANGUAGE LEARNERS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. TEACHERS OF ENGLISH LANGUAGE LEARNERS.
``(a) In General.--In the case of an eligible teacher, there shall
be allowed a credit against the tax imposed by this chapter for the
taxable year an amount equal to--
``(1) $1,500, for each of the first 5 taxable years for
which the taxpayer is allowed a credit under this section; and
``(2) $1,000, for any other taxable year.
``(b) Credit Allowed Only for 10 Taxable Years.--No credit shall be
allowed under this section with respect to a taxpayer for any taxable
year after the 10th taxable year for which such taxpayer is allowed a
credit under this section.
``(c) Eligible Teacher.--For purposes of this section--
``(1) In general.--Except as provided in paragraph (2), the
term `eligible teacher' means, with respect to a taxable year,
any individual who is--
``(A) a full-time teacher of English as a second
language or bilingual instruction for the academic year
ending in such taxable year, or
``(B) an eligible part-time teacher of English as a
second language or bilingual instruction for the
academic year ending in such taxable year.
``(2) Eligible part-time teacher.--The term `eligible part-
time teacher' means, with respect to a taxable year, an
individual who teaches at least 20 hours per week during the
academic year ending in such taxable year. Such term does not
include any individual who is a full-time teacher of English as
a second language during such academic year.
``(3) Special rule.--In the case of an eligible part-time
teacher, subsection (a) shall be applied by substituting `$375'
for `$750' and by substituting `$250' for `$500'.''.
(b) Clerical Amendment.--The table of sections for such subpart is
amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Teachers of English language learners.''.
(c) Teacher Certification Expenses.--Part VII of subchapter B of
chapter 1 of the Internal Revenue Code of 1986 (relating to additional
itemized deductions for individuals) is amended by redesignating
section 224 as section 225 and by inserting after section 223 the
following new section:
``SEC. 224. CERTIFICATION EXPENSES FOR TEACHERS OF ENGLISH LANGUAGE
LEARNERS.
``(a) In General.--In the case of an individual, there shall be
allowed a deduction for eligible teacher certification expenses paid or
incurred by the taxpayer for the taxable year.
``(b) Eligible Teacher Certification Expenses.--The term `eligible
teacher certification expenses'--
``(1) means the tuition and fees required for the
enrollment or attendance of the taxpayer at an eligible
educational institution (as defined in section 25A) for a
course which is required for certification or licensure of such
individual as qualified to provide English as a second language
or bilingual instruction to elementary or secondary school
students who are limited English proficient (as defined in
section 9901 of the Elementary and Secondary Education Act of
1965); and
``(2) shall not include any amounts that are--
``(A) used for a course that is part of the
individual's degree program; or
``(B) funded by another person or any governmental
entity.
``(c) Denial of Double Benefit.--No deduction shall be allowed
under this section for any expense for which a deduction or credit is
allowed under any other provision of this chapter.
``(d) Termination.--This section shall not apply to expenses paid
or incurred after December 31, 2018.''.
(d) Certification Deduction Allowed Whether or Not Taxpayer
Itemizes Other Deductions.--Subsection (a) of section 62 of such Code
is amended by inserting after paragraph (21) the following new
paragraph:
``(22) Teacher certification expenses.--The deduction
allowed by section 224.''.
(e) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following new item:
``Sec. 224. Certification expenses for teachers of English language
learners.''.
(f) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall promulgate
regulations implementing the provisions of this section.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
SEC. 617. CREDITS FOR EMPLOYER-PROVIDED ADULT ENGLISH LITERACY AND
BASIC EDUCATION PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following:
``SEC. 45R. EMPLOYER-PROVIDED ADULT ENGLISH LITERACY AND BASIC
EDUCATION PROGRAMS.
``(a) In General.--For the purposes of section 38, the credit
determined under this section with respect to any employer for the
taxable year is an amount equal to 20 percent of qualified education
program expenses, but in no case shall the employer receive a credit in
an amount of more than $1,000 per full-time employee participating in
the qualified education program.
``(b) Qualified Education Program Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified education program
expenses' means expenses paid or incurred by an employer to
make available qualified education to employees of the
employer, who--
``(A) are English language learners; and
``(B)(i) have not received a secondary school
diploma, or its recognized equivalent; or
``(ii) lack sufficient mastery of basic educational
skills, including financial literacy, to enable the
individuals to function effectively in society.
``(2) Qualified education.--The term `qualified education'
means adult education and literacy activities provided--
``(A) by an eligible provider which for the fiscal
year ending during the employer's taxable year receives
or is eligible to receive Federal funds under section
231 of the Adult Education and Family Literacy Act for
adult education and literacy activities; or
``(B) in curriculum approved by the Department of
Education, the Employment and Training Administration
of the Department of Labor, or in current use by a
Federal agency.
``(3) Eligible provider; adult education and literacy
activities.--The terms `eligible provider' and `adult education
and literacy activities' shall have the respective meanings
given to such terms in section 203 of the Adult Education and
Family Literacy Act.
``(4) English language learner.--The term `English language
learner' shall have the same meaning given to such term in
section 9101(25) of the Elementary and Secondary Education Act
of 1965.
``(c) Special Rules.--For purposes of this section--
``(1) Full-time employment.--An employee shall be
considered full-time if such employee is employed at least 30
hours per week for 25 or more calendar weeks in the taxable
year.
``(2) Aggregation rule.--All persons treated as a single
employer under subsection (a) or (b) or section 52, or
subsection (m) or (o) of section 414, shall be treated as 1
person.
``(d) Denial of Double Benefit.--No deduction or credit shall be
allowed under any other provision of this chapter for any amount taken
into account in determining the credit under this section.
``(e) Termination.--This section shall not apply to expenses paid
or incurred after December 31, 2018.''.
(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, 2013.
SEC. 618. GRANTS TO STATES TO FORM NEW AMERICAN COUNCILS.
(a) Authority To Provide Grants.--Subject to subsections (c) and
(d), the Chief of the Office of Citizenship and Immigrant Integration
is authorized to provide competitive grants to States to form State New
American Councils as described in subsection (b) to carry out
activities described in section 303.
(b) State New American Councils.--A State New American Council
shall consist of not less than 15 and not more than 19 individuals from
the State and shall include, to the extent practicable, representatives
from the following sectors:
(1) Business.
(2) Faith-based organizations.
(3) Civic organizations.
(4) Philanthropic leaders.
(5) Nonprofit organizations, including those with
experience working with immigrant communities.
(6) Representatives from key education stakeholders, such
as State educational agencies, local educational agencies,
community colleges, teachers, or organizations representing
teachers and other employees.
(7) Representatives of State adult education offices.
(8) Representatives of State or local public libraries.
(9) Representatives of statewide or local government
officials.
(c) Waiver of Requirement.--
(1) Authority to grant.--The Chief of the Office of
Citizenship and Immigrant Integration may award a grant under
subsection (a) to a State without requiring the State to form a
State New American Council if the Chief determines that the
State is carrying out similar statewide initiatives to
introduce immigrants into the State and into the United States.
(2) Guidelines.--The Chief shall establish guidelines for
awarding grants to States described in paragraph (1).
(d) Grants to Local Governments.--The Chief of the Office of
Citizenship and Immigrant Integration may provide a grant under
subsection (a) to a local government at the discretion of the Chief.
(e) Application.--To be eligible to receive a grant under this
section, an applicant shall submit an application to the Chief of the
Office of Citizenship and Immigrant Integration at such time, in such
manner, and containing such information as the Chief may reasonably
require. Such application shall include--
(1) if the applicant is a State seeking to form a State New
American Council, an assurance that such State New American
Council will meet the requirements of subsection (b);
(2) the number of immigrants in the State in which the
applicant is located;
(3) a description of the challenges in introducing new
Americans in the State and local community; and
(4) any other information that the Chief may reasonably
require.
(f) Duration.--A grant awarded under subsection (a) shall be for a
period of 5 years.
(g) Priority.--Priority shall be given to grant applications that--
(1) use matching funds, from non-Federal sources, which may
include in-kind contributions; and
(2) demonstrate collaboration with private entities to
achieve the goals of their comprehensive plan.
(h) Additional Consideration.--Additional consideration shall be
given to grant applications submitted by States with a large increase
in the population of immigrants over the previous 10 years relative to
past migration patterns, based on data compiled by the Office of
Immigration Statistics of the Department of Homeland Security.
(i) Grant Amount.--The amount of a grant awarded under subsection
(a) shall be not less than $500,000 and not more than $5,000,000 for
each fiscal year.
(j) Reservations.--
(1) National.--The Chief of the Office of Citizenship and
Immigrant Integration shall reserve not more than 1 percent of
the amount appropriated to carry out this section for such
Office, including the evaluation of funds distributed.
(2) States.--A State awarded a grant under subsection (a)
may reserve not more than 10 percent of such grant amount for
the creation and operation of the State New American Council.
(k) Funding.--Fees and fines deposited in the Security and
Prosperity Account under section 286(w)(3)(B) of the Immigration and
Nationality Act may be used to carry out this section.
SEC. 619. INDEPENDENCE DAY CEREMONIES FOR OATHS OF ALLEGIANCE.
(a) In General.--The Secretary of Homeland Security shall make
available funds each fiscal year to the Director of U.S. Citizenship
and Immigration Services or to public or private nonprofit entities to
support public ceremonies for administering oaths of allegiance under
section 337(a) of the Immigration and Nationality Act (8 U.S.C.
1448(a)) to legal immigrants whose applications for naturalization have
been approved.
(b) Ceremonies.--A ceremony conducted with funds under this
section--
(1) shall be held on a date that is on or near Independence
Day; and
(2) shall include appropriate outreach, ceremonial, and
celebratory activities.
(c) Selection of Sites.--
(1) In general.--The Secretary of Homeland Security shall
select the site for each ceremony conducted with funds under
this section.
(2) Selection process.--In selecting a site under paragraph
(1), the Secretary of Homeland Security should consider--
(A) the number of naturalization applicants living
in proximity to the site; and
(B) the degree of participation in and support for
the ceremony by the local community at the site.
(d) Amounts Available; Use of Funds.--
(1) Amounts available.--Amounts made available under this
section for each ceremony shall not exceed $5,000.
(2) Use of funds.--Funds made available under this section
may be used only for the following:
(A) Costs of personnel of the Department of
Homeland Security and the Federal judiciary (including
travel and overtime expenses).
(B) Site rental, including audio equipment rental.
(C) Logistical requirements, including sanitation.
(D) Costs for printing brochures about the
naturalization participants and the naturalization
process.
(3) Funding.--Fees and fines deposited in the Security and
Prosperity Account under section 286(w)(3)(B) of the
Immigration and Nationality Act may be used to carry out this
section.
(e) Application.--No amount may be made available under this
section to an entity that is not part of the Department of Homeland
Security, for supporting a ceremony described in subsection (b),
unless--
(1) the entity submits an application to the Secretary of
Homeland Security, in a form and manner specified by the
Secretary of Homeland Security; and
(2) the Secretary of Homeland Security approves the
application.
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