Comprehensive Immigration Reform Act of 2011 - Creates a lawful prospective immigrant status for a qualifying alien present in the United States, as well as for such alien's qualifying spouse and children who may be outside the United States. Provides for status adjustment to lawful permanent resident.
Development, Relief, and Education for Alien Minors Act of 2011 or the DREAM Act of 2011 - Authorizes the Secretary of Homeland Security (DHS) to cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who: (1) entered the United States on or before his or her 15th birthday and has been present in the United States for five years preceding this Act's enactment; (2) is a person of good moral character; (3) is not inadmissible under specified grounds of the Immigration and Nationality Act; (4) has not participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; (5) has not been convicted of certain offenses under federal or state law; (6) has been admitted to an institution of higher education (IHE) in the United States or has earned a high school diploma or general education development certificate in the United States; and (7) was age 35 or younger on the date of this Act's enactment. Provides for status adjustment to lawful permanent resident.
Directs the Attorney General (DOJ) to stay the removal proceedings of an alien who meets certain requirements and who is at least five years of age and enrolled full-time in a primary or secondary school.
Limits the eligibility of an alien in conditional permanent resident status for higher education assistance.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the denial of an unlawful alien's eligibility for higher education benefits based on state residence unless a U.S. national is similarly eligible without regard to such state residence.
Agricultural Job Opportunities, Benefits, and Security Act of 2011 or the AgJOBS Act of 2011 - Confers "blue card status" upon an alien who has fulfilled specified periods of agricultural employment in the United States, is otherwise admissible, and has not been convicted of specified crimes. Provides for adjustment to permanent resident status if the alien has fulfilled other specified periods of agricultural employment in the United States.
Amends the Immigration and Nationality Act to revise H-2A visa (agricultural labor or temporary or seasonal services) provisions.
Establishes the Commission on Agricultural Wage Standards under the H-2A program.
Revises unlawful presence inadmissibility provisions, including family-unity based exceptions.
Establishes in the Treasury: (1) the Department of Homeland Security Legalization Program Account, and (2) the Immigration Reform Penalty Account.
Sets forth immigration-related worksite enforcement provisions, including provisions regarding: (1) unlawful employment of aliens, (2) document verification, (3) the employment verification system, and (4) responsibilities of the Social Security Administration (SSA).
Permits the disclosure of certain taxpayer information to DHS.
Requires the issuance of: (1) fraud-, tamper-, and wear-resistant Social Security cards; and (2) machine-readable, tamper-resistant employment authorization documents with biometric identifiers.
Makes it an unfair immigration employment practice to discriminate based on national origin or citizenship status.Revises immigration-related activities of the SSA and the Internal Revenue Service (IRS).
Authorizes appropriations for responsibilities under this Act for: (1) DHS, (2) SSA, (3) the DOJ, and (4) the Department of State.
Prohibits the adjustment of an alien in lawful prospective immigrant status to the status of an alien lawfully admitted for permanent residence until specified border related enhancements in personnel and resources are established, funded, and operational.
Provides for additional: (1) Customs and Border Protection (CBP) personnel; (2) Immigration and Custom Enforcement (ICE) personnel; (3) DHS personnel assigned to investigate alien smuggling; (4) immigration litigation attorneys; (5) ports of entry along the northern and southern borders; and (6) equipment and assets along the borders, including unmanned aerial systems, cameras, sensors, satellites, and radar coverage.
Directs the Secretary of State to report annually regarding the exchange of North American immigration, law enforcement, and security information among the United States, Canada, and Mexico.
Provides for: (1) increased border-related cooperation with Mexico, and (2) expansion of Customs-Trade Partnership Against Terrorism programs.
Provides reimbursement for state and county prosecutors in border states for prosecuting federally initiated and referred drug cases.
Authorizes border relief grants for tribal, state, or local law enforcement and related agencies in proximity to the border or in a designated High Intensity Drug Trafficking Area.
Establishes the Immigration and United States-Mexico Border Enforcement Commission.
Amends the Immigration and Nationality Act to set out the scope of state and local immigration-related enforcement authority.Directs the Secretaries of Homeland Security, Interior, Agriculture, Defense, and Commerce to develop a border protection strategy.
Directs the Secretary of Homeland Security to establish a Border Communities Liaison Office in every Border Patrol sector on the southern or northern border.
Directs the Secretary of Homeland Security to: (1) establish a visa exit tracking system, and (2) equip all U.S. ports of entry with the United States-Visitor and Immigrant Status Indicator Technology system (US-VISIT).
Increases: (1) civil penalties for illegal entry; (2) fines and penalties for the reentry of previously removed aliens; and (3) penalties concerning stowaways, vessels, and aircraft.
Revises voluntary departure provisions.Authorizes appropriations for the state criminal alien assistance program (SCAAP).
Sets forth provisions regarding issuance of detainers by DHS personnel for aliens apprehended by state or local law enforcement officials for controlled substance violations.
Revises passport, visa, and immigration fraud provisions. Directs: (1) the United States Sentencing Commission to promulgate or amend passport fraud sentencing guidelines, and (2) the Attorney General to develop immigration fraud prosecution guidelines.Expands the definition of conveyances subject to forfeiture for smuggling.
Requires commercial vehicles transporting passengers from outside the United States to a U.S. airport or seaport to provide arrival/departure manifests.
Authorizes DHS to share manifest and passenger name information with other government authorities, including foreign governments.
Subjects an operator of a vessel or motor vehicle to fine and/or imprisonment for evading a federal checkpoint.
Authorizes grants for Indian tribes adversely affected by illegal immigration.
Authorizes Department of State and Foreign Service special agents to investigate: (1) illegal passport or visa issuance or use, (2) Department-related identity theft and document fraud, and (3) federal offenses committed in the special maritime and territorial jurisdictions (nonmilitary) of the United States.
Makes inadmissible and deportable convicted alien: (1) sex offenders who fail to register, and (2) street gang members.
Sets forth, with respect to immigration-related enforcement activities: (1) protections for vulnerable populations, (2) apprehension procedures of more than 10 people involving children, and (3) detention procedures for families with children.
Requires the creation of secure alternatives to detention (excluding alien terrorists).
Enumerates humane detention conditions, including conditions for children and vulnerable populations. Requires the appointment of a detention commission.
Authorizes access to counsel for aliens in removal proceedings.
Directs the Attorney General to establish a National Legal Orientation Support and Training Center to ensure quality and consistent implementation of group legal orientation programs nationwide.
Sets forth protections for: (1) refugees, including designation of refugee groups; and (2) stateless persons in the United States, including mechanisms for regularizing status.
Establishes in DHS a position of Immigration and Customs Enforcement Ombudsman.
Eliminates the one-year time limit for filing an asylum claim.
Establishes the Standing Commission on Foreign Workers, Labor Markets, and the National Interest to establish employment-based immigration policies that promote economic growth while minimizing job displacement, wage depression, and unauthorized employment in the United States.
Revises family and employment based immigrant visa provisions. Recaptures unused FY1992-FY2007 visas.
Increases immigration visas for: (1) sons and daughters of U.S. citizens, and (2) brothers and sisters of U.S. citizens. Provides a specified visa allocation for the unmarried sons and unmarried daughters of permanent resident aliens.
Exempts certain aliens with extraordinary ability in the sciences, arts, education, business, or athletics from numerical limits.
Revises the definition of "immediate relative" to include the spouse and child of a lawful permanent resident.
Establishes a status adjustment process for certain military family members.
Redefines "child" to include a stepchild under 21 years old.
Provides specified relief for orphans and widows/widowers.
Authorizes the status adjustment of a fiance/fiancee or alien spouse and any minor children (K-visa) to conditional permanent resident status if such alien marries a petitioner within three months after U.S. admission.
Exempts children of certain naturalized Filipino World War II veterans from worldwide or numerical immigrant limitations.
Permits workers who are eligible for permanent resident status adjustment but for whom a visa number is unavailable to apply for adjustment.
Uniting American Families Act of 2011 - Includes a "permanent partner" within the scope of the Immigration and Nationality Act. Defines a "permanent partner" as an individual 18 or older who: (1) is in a committed, intimate relationship with another individual 18 or older in which both individuals intend a lifelong commitment; (2) is financially interdependent with the other individual; (3) is not married to, or in a permanent partnership with, anyone other than the individual; (4) is unable to contract with the other individual a marriage cognizable under this Act; and (5) is not a first, second, or third degree blood relation of the other individual.
Creating American Jobs Through Foreign Capital Investment Act - Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 to make the EB-5 visa (alien investor) regional center program permanent.
Eliminates sunset provisions for: (1) the J-1 visa waiver (Conrad state 30/medical services in underserved areas) program, and (2) the special immigrant nonminister religious worker program.
Extends the H-1C visa program providing nonimmigrant nurses in health professional shortage areas.
Revises entry provisions for H-1B visa foreign medical graduates and provides for an increase under specified conditions in the annual per-state cap of 30 foreign doctors. Exempts from worldwide immigration numerical limitations alien physicians who have completed state waiver or exemption service requirements, including alien physicians who completed such service before the date of enactment of this Act.
Includes nationals of Ireland coming to the United States under a treaty of commerce to perform specialty occupation services in the nonimmigrant E-3 visa category.
Authorizes: (1) temporary workers (E, H, I, L O, or P visas) who have not violated their status to renew their same category visa from within the United States; and (2) alien spouses of nonimmigrant H-visa aliens to work in the United States.
Gives an alien who ceases to be employed by his or her petitioning employer 60 days to leave the United States or apply for a change of status.
Protect Our Workers from Exploitation and Retaliation Act or the POWER Act - Excludes from the definition of "immigrant" a nonimmigrant alien who files a petition for status if the Secretary of Homeland Security determines that the alien: (1) has suffered abuse or harm as a result of having been a victim of criminal activity, (2) has suffered substantial abuse or harm related to specified labor or employment violations related to a workplace claim (workplace violation), (3) is a victim of specified criminal activity and would suffer extreme hardship upon removal, (4) has suffered a workplace violation and would suffer extreme hardship upon removal, (5) has been helpful to specified authorities investigating a workplace violation, or (6) is a material witness or is likely to be helpful in the investigation of a workplace claim and fears retaliatory activities by the employer.
Sets forth provisions governing procedural requirements and protections in an enforcement action leading to a removal proceeding taken against an alien: (1) as a result of information provided to DHS in retaliation against an individual for exercising employment or other legal rights, (2) at a facility about which a workplace claim has been filed, or (3) who has filed a workplace claim or who is a material witness in any proceeding involving a workplace claim.
Amends the Adult Education and Family Literacy Act to allow state leadership activity grants to be used to provide technical assistance to faith and community-based organizations.
Directs the National Institute for Literacy to disseminate information regarding integrated English literacy, U.S. history, and civics education programs. Provides grants to states for integrated English literacy, U.S. history, and civics education programs.
Amends the Internal Revenue Code to provide: (1) tax credits to teachers of English language learners, (2) tax deductions for the expenses of becoming certified as such teachers, and (3) tax credits for employers' expenses in making adult education and literacy services available to their employees.
Requires the Commissioner for Education Research of the National Center for Education Research to establish a national research and development center for adult education and literacy.
Establishes the Presidential Award for Business Leadership in Promoting United States Citizenship to be awarded to companies and other organizations that make extraordinary efforts in assisting their employees and members to learn English and increase their understanding of U.S. history and civics.
Renames the Office of Citizenship of DHS as the Office of Citizenship and New Americans. Authorizes the Office to make grants to states and subgrants to local governments to assist them in integrating immigrants.
Establishes the New Citizens Award program.
Provides for the status adjustment to lawful permanent resident of certain: (1) Haitian orphans, and (2) Liberian nationals.
Provides grants to state courts for programs to assist individuals with limited English proficiency to access and understand state court proceedings.
Provides permanent resident status adjustment for a qualifying alien who was, on September 10, 2001, the spouse, child, or unmarried son or daughter of an alien who died as a direct result of the September 11, 2001, terrorist activity against the United States. Makes such provisions inapplicable to an alien who is inadmissible or deportable under criminal or security grounds, including September 11, 2001, terrorist activity.
Directs the U.S. Agency for International Development (USAID) to expand programming that prioritizes alternatives to emigration from countries with the highest rates of irregular migration to the United States.
Expresses the sense of Congress that the Secretary of State should review U.S. policy toward Latin America in order to strengthen hemispheric security through the reduction of poverty, expansion of equitable trade, and support for democratic institutions, citizen security, and the rule of law.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1258 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1258
To provide for comprehensive immigration reform, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2011
Mr. Menendez (for himself, Mr. Reid, Mr. Leahy, Mr. Durbin, Mr.
Schumer, Mr. Kerry, Mrs. Murray, and Mrs. Gillibrand) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To provide for comprehensive immigration reform, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Immigration Reform Act
of 2011''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References to Immigration and Nationality Act.
Sec. 4. Definitions.
TITLE I--IMMIGRATION
Subtitle A--Registration of Undocumented Individuals, the Dream Act,
Family Unity, and AgJobs
PART I--Lawful Prospective Immigrant Status
Sec. 111. Lawful prospective immigrant status.
Sec. 112. Adjustment of status for lawful prospective immigrants.
Sec. 113. Administrative review, removal proceedings, and judicial
review for aliens who have applied for
lawful prospective immigrant status.
Sec. 114. Confidentiality of information.
Sec. 115. Aliens not subject to direct numerical limitations.
Sec. 116. Employer protections.
Sec. 117. Assignment of Social Security number.
PART II--Implementation
Sec. 121. Rulemaking.
Sec. 122. Exemption from government contracting and hiring rules.
Sec. 123. Authority to acquire leaseholds.
Sec. 124. Privacy and civil liberties.
Sec. 125. Statutory construction.
PART III--Miscellaneous
Sec. 131. Correction of Social Security records.
Sec. 132. Fraud prevention program.
Sec. 133. Data collection requirements.
PART IV--Dream Act
Sec. 141. Short title.
Sec. 142. Definitions.
Sec. 143. Conditional permanent resident status for certain long-term
residents who entered the United States as
children.
Sec. 144. Terms of conditional permanent resident status.
Sec. 145. Removal of conditional basis of permanent resident status.
Sec. 146. Regulations.
Sec. 147. Penalties for false statements.
Sec. 148. Confidentiality of information.
Sec. 149. Higher education assistance.
PART V--Agricultural Job Opportunities, Benefits, and Security
Sec. 150. Short titles.
Chapter 1--Blue Card Status
Sec. 151. Requirements for blue card status.
Sec. 152. Application for blue card status.
Sec. 153. Adjustment to permanent residence.
Sec. 154. Other provisions.
Sec. 155. Correction of Social Security records.
Sec. 156. Determination and use of user fees.
Sec. 157. Rulemaking.
Sec. 158. Reports to Congress.
Chapter 2--Reform of H-2A Worker Program
Sec. 159. Amendments to the Immigration and Nationality Act.
PART VI--Family Unity Reforms
Sec. 161. Promoting family unity.
Sec. 162. Effective legalization program funding.
Subtitle B--Worksite Enforcement
Sec. 171. Unlawful employment of aliens.
Sec. 172. Compliance by Department of Homeland Security contractors
with confidentiality safeguards.
Sec. 173. Increasing security and integrity of Social Security cards.
Sec. 174. Increasing security and integrity of immigration documents.
Sec. 175. Responsibilities of the Social Security Administration.
Sec. 176. Antidiscrimination protections.
Sec. 177. Immigration enforcement support by the Internal Revenue
Service and the Social Security
Administration.
Sec. 178. Enhanced Verification System.
Sec. 179. Authorization of appropriations.
TITLE II--IMMIGRATION ENFORCEMENT AND REFORM
Subtitle A--Border Enforcement
PART I--Additional Assets and Resources
Sec. 201. Effective date triggers.
Sec. 202. Customs and border protection personnel.
Sec. 203. Secure communication; equipment; and grants for border
personnel.
Sec. 204. Infrastructure improvements and expansion of land ports of
entry.
Sec. 205. Additional authorities for port of entry construction.
Sec. 206. Additional increases in immigration enforcement personnel.
Sec. 207. Additional immigration court personnel.
Sec. 208. Improved training for border security and immigration
enforcement officers.
Sec. 209. Inventory of assets and personnel.
Sec. 210. U.S. Customs and Border Protection assets.
Sec. 211. Technological assets and programs.
PART II--Enhanced Coordination and Planning for Border Security
Sec. 216. Annual report on improving North American security
information exchange.
Sec. 217. Cooperation with the Government of Mexico.
Sec. 218. Expansion of commerce security programs.
Sec. 219. Northern Border and Southern Border Drug Prosecution
Initiative.
Sec. 220. Border Relief Grant Program.
Sec. 221. Report on deaths and strategy study.
Sec. 222. Immigration and United States-Mexico Border Enforcement
Commission.
Sec. 223. Preemption.
Sec. 224. Inherent authority.
Sec. 225. Border protection strategy.
Sec. 226. Border communities liaison office.
Sec. 227. Authorization of appropriations.
Subtitle B--Interior Enforcement
PART I--Preventing Unauthorized Entries and Ensuring Removal
Sec. 235. US-VISIT System.
Sec. 236. Illegal entry and reentry.
Sec. 237. Deterring aliens ordered removed from remaining in the United
States unlawfully.
Sec. 238. Biometric screening.
Sec. 239. Encouraging aliens to depart voluntarily.
Sec. 240. Cancellation of visas.
Sec. 241. Penalties relating to vessels and aircraft.
Sec. 242. Sanctions for countries that delay or prevent repatriation of
their citizens and nationals.
Sec. 243. State Criminal Alien Assistance Program.
Sec. 244. Procedures regarding aliens apprehended by State and local
law enforcement officers.
Sec. 245. Reform of passport, visa, and immigration fraud offenses.
Sec. 246. Directives related to passport and document fraud.
Sec. 247. Expanding the definition of conveyances subject to
forfeiture.
Sec. 248. Criminal forfeiture.
Sec. 249. Advance delivery of information including passenger
manifests.
Sec. 250. Unlawful flight from immigration or customs controls and
disobeyance of lawful orders.
Sec. 251. Reducing illegal immigration and alien smuggling on tribal
lands.
Sec. 252. Diplomatic security service.
Sec. 253. Increased penalties barring the admission of convicted sex
offenders failing to register and requiring
deportation of sex offenders failing to
register.
Sec. 254. Aggravated felony.
Sec. 255. Increased criminal penalties related to gang violence.
PART II--Detention Reform
Sec. 261. Definitions.
Sec. 262. Protections for vulnerable populations.
Sec. 263. Apprehension procedures for immigration enforcement-related
activities relating to children.
Sec. 264. Detention of families.
Sec. 265. Access to children, local and State courts, child welfare
agencies, and consular officials.
Sec. 266. Memoranda of understanding.
Sec. 267. Mandatory training.
Sec. 268. Alternatives to detention.
Sec. 269. Detention conditions.
Sec. 270. Access to counsel.
Sec. 271. Group legal orientation presentations.
Sec. 272. Protections for refugees.
Sec. 273. Immigration and Customs Enforcement Ombudsman.
Sec. 274. Elimination of time limits on asylum applications.
Sec. 275. Efficient asylum determination process and detention of
asylum seekers.
Sec. 276. Protection of stateless persons in the United States.
Sec. 277. Authority to designate certain groups of refugees for
consideration.
Sec. 278. Admission of refugees in the absence of the annual
presidential determination.
Subtitle C--Reforming America's Legal Immigration System
PART I--Standing Commission on Foreign Workers, Labor Markets, and the
National Interest
Sec. 300. Standing Commission on Foreign Workers, Labor Markets, and
the National Interest.
PART II--Family and Employment Visa Reforms
Chapter 1--Family and Employment-based Immigrant Visas
Sec. 301. Recapture of immigrant visas lost to bureaucratic delay.
Sec. 302. Reclassification of spouses and minor children of lawful
permanent residents as immediate relatives.
Sec. 303. Retention of priority date.
Sec. 304. Discretionary authority with respect to removal or
deportation of citizen and resident
immediate family members.
Sec. 305. Military families.
Sec. 306. Equal treatment for all stepchildren.
Sec. 307. Widows, widowers, and orphans.
Sec. 308. Fiance child status protection.
Sec. 309. Special humanitarian visas.
Sec. 310. Exemption from immigrant visa limit for certain veterans from
the Philippines.
Sec. 311. Affidavit of support.
Sec. 312. Retaining workers subject to green card backlog.
Chapter 2--Uniting American Families Act
Sec. 315. Short title.
Sec. 316. Definitions of permanent partner and permanent partnership.
Sec. 317. Immigrant visas.
Sec. 318. Refugees and asylees.
Sec. 319. Inadmissible aliens.
Sec. 320. Nonimmigrant status for permanent partners awaiting the
availability of an immigrant visa.
Sec. 321. Conditional permanent resident status.
Sec. 322. Deportation and removal.
Sec. 323. Adjustment of status; criminal penalties; other requirements.
Sec. 324. Naturalization for permanent partners of citizens.
Sec. 325. Application of family unity provisions to other laws.
Chapter 3--Reforms to Specific Employment-based Visa Categories
subchapter a--eb-5 program reauthorization
Sec. 326. EB-5 Permanent reauthorization of EB-5 Regional Center
Program.
subchapter b--adjustments to other select visa programs
Sec. 331. Elimination of sunset provisions.
Sec. 332. Permanent authorization of the nonimmigrant nurses in health
professional shortage areas program.
Sec. 333. Incentives for physicians to practice in medically
underserved communities.
Sec. 334. Retaining physicians in medically underserved communities.
Sec. 335. Temporary visas for individuals from Ireland.
Chapter 4--Miscellaneous Employment Visa Reforms
Sec. 336. Providing premium processing of employment-based visa
petitions.
Sec. 337. Visa revalidation.
Sec. 338. Application fees for intending immigrants.
Sec. 339. Employment of spouses.
Sec. 340. Time limits for nonimmigrants to depart the United States.
Chapter 5--POWER Act
Sec. 341. Short titles.
Sec. 342. Victims of serious labor and employment violations or crime.
Sec. 343. Labor enforcement actions.
Sec. 344. Authorization of appropriations.
Subtitle D--Immigrant Integration and Other Reforms
PART I--Strengthen and Unite Communities With Civics Education and
English Skills
Chapter 1--Expanding English Literacy, United States History, and
Civics Education
Sec. 351. Increased investment in English literacy, United States
history, and civics education under the
Adult Education And Family Literacy Act.
Sec. 352. Definitions of English language learner.
Sec. 353. Credits for teachers of english language learners.
Sec. 354. Research in adult education.
Chapter 2--Supporting English Language Acquisition and Adult Education
in the Workforce
Sec. 356. Credit for employer-provided adult English literacy and basic
education programs.
Sec. 357. Presidential award for business leadership in promoting
United States citizenship.
Chapter 3--Building Stronger Communities
Sec. 361. Office of Citizenship and New Americans.
Sec. 362. Grants to States.
Sec. 363. Authorized activities.
Sec. 364. Reporting and evaluation.
Sec. 365. New Citizens Award Program.
Sec. 366. Rule of construction.
Sec. 367. Report to Congress on fee increases.
Sec. 368. Authorization of appropriations.
PART II--Emergency Relief for Certain Populations
Sec. 371. Adjustment of status for certain Haitian orphans.
Sec. 372. Adjustment of status for certain Liberian nationals.
PART III--State Court Interpreter Grant Program
Sec. 381. Findings.
Sec. 382. State Court Interpreter Program.
Sec. 383. Authorization of appropriations.
PART IV--Other Matters
Sec. 391. Adjustment of status for certain victims of terrorism.
Sec. 392. Development of assessment and strategy addressing factors
driving migration.
Sec. 393. Prioritization of migration source countries by the United
States Agency for International
Development.
Sec. 394. Sense of Congress on increased United States foreign policy
coherency in the Western Hemisphere.
SEC. 3. REFERENCES TO IMMIGRATION AND NATIONALITY ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms as an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 4. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Northern border.--The term ``Northern border'' means
the international land border between the United States and
Canada.
(3) Secretary .--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) Southern border.--The term ``Southern border'' means
the international land border between the United States and
Mexico.
TITLE I--IMMIGRATION REGISTRATION AND EMPLOYMENT
Subtitle A--Registration of Undocumented Individuals, the Dream Act,
Family Unity, and AgJobs
PART I--LAWFUL PROSPECTIVE IMMIGRANT STATUS
SEC. 111. LAWFUL PROSPECTIVE IMMIGRANT STATUS.
(a) In General.--
(1) Authority to grant lawful prospective immigrant
status.--Notwithstanding any other provision of law, the
Secretary may grant lawful prospective immigrant status to an
alien who--
(A) submits an application for such status; and
(B) meets the requirements under this section.
(2) Treatment of applicants.--An applicant for lawful
prospective immigrant status under this section shall be
treated as an applicant for admission to the United States.
(b) Eligibility Requirements.--
(1) In general.--
(A) Inadmissibility.--Except as provided in
paragraph (3), an alien may not be granted lawful
prospective immigrant status if the alien is
inadmissible under section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)).
(B) Physical presence.--An alien may not be granted
lawful prospective immigrant status under this section
unless the alien--
(i) is physically present in the United
States on the date on which alien applies for
such status;
(ii) was physically present in the United
States before June 1, 2011; and
(iii) has maintained continuous physical
presence in the United States between June 1,
2011 and the date on which the alien is granted
such status.
(2) Grounds of ineligibility.--
(A) In general.--An alien is ineligible for lawful
prospective immigrant status under this section if the
Secretary determines that the alien--
(i) was convicted of any offense under
Federal or State law punishable with a maximum
term of imprisonment of more than 1 year;
(ii) is a person described in subparagraph
(A)(iii), (E)(i), or (E)(ii) of section
237(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(2));
(iii) ordered, incited, assisted, or
otherwise participated in the persecution of
any person on account of race, religion,
nationality, membership in a particular social
group, or political opinion;
(iv) is entering, has entered, or has
attempted to enter, the United States illegally
on or after June 1, 2011; or
(v) was, as of June 1, 2011--
(I) an alien lawfully admitted for
permanent residence;
(II) an alien granted asylum under
section 208 of the Immigration and
Nationality Act or admitted as a
refugee under section 207 of such Act;
(III) an alien who, according to
the records of the Secretary, and
notwithstanding any unauthorized
employment or other violation of
nonimmigrant status--
(aa) is in a period of
authorized stay in any
nonimmigrant status (other than
an alien considered to be in a
nonimmigrant status solely by
reason of section 244(f)(4) of
such Act); and
(bb) has been in the United
States in a nonimmigrant status
for 5 consecutive years;
(IV) an alien paroled into the
United States under section 212(d)(5)
of such Act for purposes of prosecution
or of serving as a witness in
proceedings being, or to be, conducted
by judicial, administrative, or
legislative bodies in the United
States; or
(V) an alien paroled into the
Commonwealth of the Northern Mariana
Islands.
(B) Construction.--For purposes of determining
ineligibility under this paragraph, section 101(a)(48)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(48)) shall apply to determinations of
conviction or sentencing for an offense.
(3) Grounds of inadmissibility.--
(A) In general.--In determining an alien's
admissibility under paragraph (1)(B)--
(i) section 212(a)(5) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(5)) shall
not apply;
(ii) paragraphs (6)(A), (6)(B), (6)(C),
(6)(D), (6)(F), (6)(G), (7), (9), and (10)(B)
of section 212(a) of such Act shall not apply
with regard to conduct or unlawful presence
occurring before the date of application;
(iii) the Secretary may not waive--
(I) subparagraphs (B), (C),
(D)(ii), (E), (H), (I), or (J) 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);
(III) subparagraphs (A), (C), or
(D) of section 212(a)(10) of such Act
(relating to polygamists and child
abductors); or
(IV) paragraph (6)(A)(i) of section
212(a) of such Act (with respect to any
entries occurring on or after June 1,
2011); and
(iv) the Secretary may waive the
application of any provision under section
212(a) of such Act not listed under clause
(iii) on behalf of an individual alien for
humanitarian purposes, to ensure family unity,
or if such waiver is otherwise in the public
interest.
(B) Construction.--Nothing in this paragraph may be
construed to--
(i) require the Secretary to commence
removal proceedings against an alien; or
(ii) affect the authority of the Secretary
other than under this paragraph to waive the
provisions of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)).
(4) Continuous physical presence.--Any absence from the
United States without authorization pursuant to subsection
(d)(1) shall constitute a break in continuous physical
presence.
(5) Applicability of other provisions.--Sections 208(d)(6)
and 240B(d) of the Immigration and Nationality Act (8 U.S.C.
1158(d)(6) and 1229c(d)) shall not apply to an alien with
respect to an application for lawful prospective immigrant
status under this section.
(c) Application Procedures.--
(1) Filing of application.--
(A) In general.--In accordance with the rulemaking
procedures described in section 121--
(i) the Secretary shall prescribe by
interim final rule published in the Federal
Register--
(I) the procedures for an alien in
the United States to apply for lawful
prospective immigrant status;
(II) the procedures for an alien
granted lawful prospective immigrant
status to petition for a spouse or
child outside the United States to be
classified as a lawful prospective
immigrant; and
(III) the evidence required to
demonstrate eligibility for such
status, or otherwise required as part
of the application, including
information about the alien's spouse or
children; and
(ii) the Secretary of State shall prescribe
by regulation published in the Federal
Register--
(I) the procedures for an alien
overseas who is the beneficiary of an
approved petition for lawful
prospective immigrant status to apply
at a consulate for a visa or other
appropriate documentation authorizing
travel to a United States port of
entry; and
(II) the evidence required to
demonstrate eligibility for such
documentation.
(B) Receipt of applications.--The Secretary shall
accept applications from aliens in the United States
for lawful prospective immigrant status during the 1-
year period beginning on the first day of the tenth
month that begins after the date of the enactment of
this Act. If the Secretary determines, during such 1-
year period, that additional time is required to
process applications for such status or for other good
cause, the Secretary may extend the period for
accepting applications by not more than 6 additional
months.
(C) Application by aliens apprehended before start
of application period.--If an alien who is apprehended
during the application period set forth in subparagraph
(B) can establish prima facie eligibility for lawful
prospective immigrant status under this section, the
Secretary shall provide the alien with a reasonable
opportunity to file an application under this section
after regulations implementing this section are
promulgated.
(D) Application by aliens in removal proceedings.--
Notwithstanding any provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.)--
(i) if the Secretary determines that an
alien, during the application period set forth
in subparagraph (B), is in removal,
deportation, or exclusion proceedings before
the Executive Office for Immigration Review and
is prima facie eligible for lawful prospective
immigrant status under this section--
(I) the Secretary shall notify the
Executive Office for Immigration Review
of such determination; and
(II) upon the consent of the alien,
the Executive Office for Immigration
Review shall--
(aa) terminate such
proceedings without prejudice
to future proceedings on any
basis; and
(bb) provide the alien a
reasonable opportunity to apply
for such status; and
(ii) if the Executive Office for
Immigration Review determines that an alien,
during the application period set forth in
subparagraph (B), is in removal, deportation,
or exclusion proceedings before the Executive
Office for Immigration Review and is prima
facie eligible for lawful prospective immigrant
status under this section--
(I) the Executive Office of
Immigration Review shall notify the
Secretary of such determination; and
(II) if the Secretary does not
dispute the determination of prima
facie eligibility within 14 days, the
Executive Office for Immigration
Review, upon consent of the alien,
shall--
(aa) terminate such
proceedings without prejudice
to future proceedings on any
basis; and
(bb) permit the alien a
reasonable opportunity to apply
for such status.
(E) Application by aliens with certain orders.--
(i) In general.--An alien who is present in
the United States and has been ordered
excluded, deported, or removed, or ordered to
depart voluntarily from the United States under
any provision of the Act--
(I) notwithstanding such order or
section 241(a)(5) of the Immigration
and Nationality Act (8 U.S.C.
1231(a)(5)), may apply for lawful
prospective immigrant status under this
section if the alien meets all of the
other conditions set forth in this
section; and
(II) shall not be required to file
a separate motion to reopen,
reconsider, or vacate the exclusion,
deportation, removal, or voluntary
departure order.
(ii) Effect of grant of status.--If the
Secretary grants lawful prospective immigrant
status to an alien under this section, the
order against the alien described in clause (i)
shall be rendered null and void by operation of
law.
(iii) Effect of denial of status.--If the
Secretary renders a final administrative
decision to deny an alien's application for
lawful prospective immigrant status under this
section, the order described in clause (i)
shall be effective and enforceable to the same
extent as if the application had not been made.
(2) Application form.--
(A) In general.--The Secretary shall create an
application form that an alien shall be required to
complete to be granted lawful prospective immigrant
status.
(B) Language and assistance.--The Secretary shall
make available forms and accompanying instructions in
the most common languages spoken by persons in the
United States, as determined by the Secretary. The
Secretary shall create a plan for providing reasonable
accommodation to individuals with disabilities in
accordance with applicable law.
(C) Application information.--The application form
created under this paragraph shall request such
information as the Secretary determines necessary and
appropriate. The application, and all information
submitted as part of the application process, shall be
submitted in English.
(3) Security and law enforcement background checks.--
(A) Submission of biometric and biographic data.--
The Secretary may not grant lawful prospective
immigrant status to an alien unless the alien submits
biometric and biographic data in accordance with
procedures established by the Secretary, or, with
respect to overseas applications for visas or other
documentation of status submitted pursuant to
regulations promulgated under section 601(c)(1)(A)(ii),
by the Secretary of State. The Secretary shall provide
an alternative procedure for applicants who cannot
provide the standard biometric data because of a
physical impairment.
(B) Background checks.--Before granting lawful
prospective immigrant status to any alien, the
Secretary shall complete, to the satisfaction of the
Secretary, security and law enforcement background
checks on the alien, utilizing biometric, biographic,
and other data that the Secretary determines to be
appropriate, to determine the existence of any
criminal, national security, or other factors that
would render the alien ineligible for status under this
section.
(4) Fees and penalties.--
(A) Processing fees.--
(i) In general.--Aliens older than 14 years
of age who are applying for lawful prospective
immigrant status, applying for an extension of
such status, or petitioning for classification
of a spouse or child outside the United States
as a lawful prospective immigrant, shall be
required to pay a processing fee to the
Department of Homeland Security. Spouses or
children of lawful prospective immigrants
applying at United States embassies or
consulates for a visa or other documentation of
status pursuant to regulations promulgated
under paragraph (1)(A)(ii) shall, regardless of
age, be required to pay a processing fee to the
Department of State, which may not be waived.
(ii) Amount.--The amount of the fees under
clause (i) shall be set by regulation at a
level sufficient to recover the full cost of
processing the application or petition.
(B) Penalties.--Aliens older than 21 years of age
who are filing an initial application for the first
extension of the initial period of lawful prospective
immigrant status shall be required to pay a penalty of
$500 in addition to the processing fee required under
subparagraph (A).
(C) Deposit and spending of fees.--The processing
fees required under subparagraph (A) shall be deposited
as an offsetting collection in the appropriate account
of the relevant agency identified in subparagraph
(A)(i) and shall remain available until expended.
(D) Deposit, allocation, and spending of
penalties.--The penalty described in subparagraph (B)
shall be deposited and remain available as provided
under section 166.
(5) Interview.--The Secretary may interview an applicant
for lawful prospective immigrant status to determine
eligibility for such status.
(6) Adjudication of application filed by alien.--
(A) In general.--The Secretary may issue
documentation of lawful prospective immigrant status,
or documentation extending such status, upon--
(i) receiving an application that
establishes to the satisfaction of the
Secretary that the applicant is eligible for
such status through such documentary or other
evidence of eligibility as the Secretary may
require; and
(ii) completing all background and security
checks to the satisfaction of the Secretary.
(B) Burden of proof.--An alien who is applying for
lawful prospective immigrant status under this section
shall prove, by a preponderance of the evidence, that
the alien has satisfied the requirements of this
section and is eligible to receive such status.
(C) Denial of application.--
(i) Failure to meet eligibility
requirements.--If an applicant does not meet
the eligibility requirements for lawful
prospective immigrant status, or for the
extension of such status, the Secretary shall
deny any application for such status or
extension filed by the applicant until the
applicant meets such requirements.
(ii) Failure to submit evidence.--The
Secretary shall deny the application of an
alien who fails to submit requested initial
evidence, including requested biometric data,
or any requested additional evidence by the
date required by the Secretary.
(iii) New applications.--An alien whose
application for lawful prospective immigrant
status is denied under clause (ii) is not
precluded from filing a new application if the
new application is filed within the period
allowed under paragraph (1)(B) and contains all
required fees and penalties.
(7) Evidence of lawful prospective immigrant status.--
(A) In general.--The Secretary shall issue
documentary evidence of lawful prospective immigrant
status to each alien whose application for such status
has been approved--
(i) after final adjudication of such
alien's application for such status; or
(ii) in the case of an alien outside the
United States, after admission to the United
States as a lawful prospective immigrant.
(B) Features of documentation.--Documentary
evidence provided under subparagraph (A)--
(i) shall be machine-readable and tamper-
resistant;
(ii) shall contain a digitized photograph
and at least 1 other biometric identifier that
can be authenticated;
(iii) shall, during the alien's authorized
period of admission under paragraphs (3) and
(4) of subsection (e), serve as a valid travel
and entry document for the purpose of applying
for admission to the United States;
(iv) may be accepted during the period of
its validity by an employer as evidence of
employment authorization and identity under
section 274A(b)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)(1)(B)); and
(v) shall include such other features and
information prescribed by the Secretary.
(d) Lawful Prospective Immigrant Dependents.--
(1) In general.--The Secretary may classify an alien not
present in the United States as a lawful prospective immigrant
if--
(A) the alien is the spouse (as defined in section
101(a)(35) of the Immigration and Nationality Act) or
child (as defined in section 101(b)(1) of such Act) of
a lawful prospective immigrant;
(B) the spouse or child meets the eligibility
requirements under subsection (b) (other than the
physical presence requirements under section
(b)(1)(C)), except that section 212(a)(7) of the Act
shall apply; and
(C) the lawful prospective immigrant files a
petition in the United States for status as a lawful
prospective immigrant on behalf of the spouse or child.
(2) Revocation or denial of status.--A petition for
classification as a lawful prospective immigrant filed on
behalf of a spouse or child described in paragraph (1) shall be
denied, an approved petition for classification as a lawful
prospective immigrant for such spouse or child shall be
revoked, and any lawful prospective immigrant status granted to
such spouse or child shall be revoked, if the alien who filed
the petition on behalf of the spouse or child was not eligible
for lawful prospective immigrant status at the time the alien
filed an application under section 111(a).
(e) Terms and Conditions of Lawful Prospective Immigrant Status.--
(1) Benefits pending adjudication of application.--
(A) In general.--Until a final decision on the
application for lawful prospective immigrant status, an
alien in the United States who files an application
under this section for lawful prospective immigrant
status--
(i) may in the Secretary's discretion
receive advance parole to re-enter the United
States, but only when urgent humanitarian
circumstances compel such travel; and
(ii) may not be detained by the Secretary
or removed from the United States, unless the
Secretary determines, in the Secretary's sole
discretion, that such alien is or has become--
(I) ineligible for lawful
prospective immigrant status under
section (b)(2);
(II) inadmissible under section
(b)(1)(B), without regard to the
possibility of a waiver under section
(b)(3)(A)(iii); or
(III) removable under subparagraph
(A)(iii), (E)(i), or (E)(ii) of section
237 of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(2)).
(B) Rule of construction.--Nothing in this section
may be construed to prevent the Secretary from
detaining an alien for up to 48 hours on the basis of
probable cause that the alien is a person described in
subparagraph (A)(ii). After the conclusion of the 48-
hour period, detention is authorized in accordance with
the provisions of the Immigration and Nationality Act
governing the removal process.
(C) Evidence of application filing.--A document
shall be issued by the Secretary showing receipt of an
application for lawful prospective immigrant status.
(D) Continuing employment.--An employer who knows
that an alien employee is an applicant for lawful
prospective immigrant status is not in violation of
section 274A(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1324a(a)(2)) if the employer continues to
employ the alien pending adjudication of the
application.
(E) Applicability of other provisions.--Section
101(g) of such Act shall not apply to an alien granted
advance permission under subparagraph (A)(ii) to
reenter the United States.
(2) Benefits of lawful prospective immigrant status.--
(A) Employment.--Notwithstanding any other
provision of law, including section 241(a)(7) of the
Immigration and Nationality Act (8 U.S.C. 1231(a)(7)),
lawful prospective immigrants shall be granted
employment authorization incident to their lawful
prospective immigrant status.
(B) Travel outside the united states.--
(i) In general.--A lawful prospective
immigrant may travel outside of the United
States and may be admitted (if otherwise
admissible) upon return to the United States
without having to obtain a visa if--
(I) the alien is the bearer of
valid, unexpired documentary evidence
of lawful prospective immigrant status
that satisfies the conditions set forth
in subsection (c)(7);
(II) the alien's absence from the
United States was not for a period
exceeding 6 months; and
(III) the alien is not subject to
the bars on extension described in
paragraph (4)(C).
(ii) Admissibility.--On seeking readmission
to the United States after travel outside the
United States a lawful prospective immigrant
shall establish that he or she is not
inadmissible in accordance with section 235 of
the Act, except as provided by subsection
(b)(3).
(iii) Effect on period of authorized
admission.--Time spent outside the United
States under clause (i) shall not extend the
most recent period of authorized admission in
the United States under paragraph (3).
(C) Protection from detention or removal.--A lawful
prospective immigrant may not be detained by the
Secretary or removed from the United States, unless--
(i) the Secretary determines in her
discretion that such alien is or has become--
(I) ineligible for lawful
prospective immigrant status under
subsection (b)(2);
(II) inadmissible under subsection
(b)(1)(B); or
(III) removable under subparagraph
(A)(iii), (E)(i), or (E)(ii) of section
237 of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(2)); or
(ii) the alien's lawful prospective
immigrant status has expired or has been
revoked under paragraph (6).
(D) Rule of construction.--Nothing in this
paragraph may be construed to prevent the Secretary
from detaining a lawful prospective immigrant for up to
48 hours on the basis of probable cause that the alien
is a person described in subparagraph (C)(i). After the
conclusion of such 48-hour period, detention is
authorized in accordance with the provisions of the
Immigration and Nationality Act governing the removal
process.
(E) Admission.--An alien granted status as a lawful
prospective immigrant shall be considered to have been
admitted in lawful prospective immigrant status as of
the date of approval of the alien's application or (in
the case of an alien outside the United States) on the
date such alien is admitted to the United States,
whichever is later. An alien in lawful prospective
immigrant status is lawfully admitted, but is not a
nonimmigrant or an alien who has been lawfully admitted
for permanent residence.
(3) Initial period of authorized admission.--Except as
provided under paragraph (4), the initial period of authorized
admission for a lawful prospective immigrant may not exceed 4
years from the date on which such status is conferred. The
Secretary may in her discretion provide for shorter expiration
dates among subsets of lawful prospective immigrants, based
upon the date of filing or other appropriate factors, in order
to encourage early filing, vary expiration dates, or otherwise
improve the administration of the program.
(4) Extension.--
(A) In general.--The Secretary may extend a lawful
prospective immigrant's period of lawful admission
beyond the initial period described in paragraph (3)
only where the lawful prospective immigrant has filed,
in the United States, a timely application for
extension. In no case, however, may the period of
authorized admission provided in any such extension
extend past the date that is 11 years after the date of
enactment of this Act.
(B) Eligibility.--In order to be eligible for an
extension of the period of authorized admission under
this paragraph, an alien shall demonstrate continuing
eligibility for status as a lawful prospective
immigrant and not be subject to any of the bars to
extension in subparagraph (C).
(C) Bars to extension.--A lawful prospective
immigrant shall not be eligible to extend such status
if--
(i) the alien has violated any term or
condition of his or her lawful prospective
immigrant status; or
(ii) the period of authorized admission of
the lawful prospective immigrant has expired or
been revoked for any reason.
(D) Filing of application for extension.--
(i) In general.--Except as provided in
clause (ii), an extension of status under this
subparagraph shall not be approved where status
as a lawful prospective immigrant expired or
was revoked before the date on which the
application was filed.
(ii) Exception.--Failure to file before the
period of previously authorized admission
expired or was revoked may be excused in the
discretion of the Secretary, with any extension
granted from the date the previously authorized
period of admission expired, where it is
demonstrated at the time of filing that--
(I) the delay was due to
extraordinary circumstances beyond the
control of the applicant, and the
Secretary finds the delay commensurate
with the circumstances; and
(II) the alien has not otherwise
violated the terms or conditions of his
or her status as a lawful prospective
immigrant.
(E) Security and law enforcement background
checks.--An alien applying for extension of status as a
lawful prospective immigrant shall be required to
submit to renewed security and law enforcement
background checks that shall be completed to the
satisfaction of the Secretary before such extension may
be granted.
(F) Denial of application for extension.--A denial
of an application for extension of status as a lawful
prospective immigrant shall be considered a revocation
of such status for purposes of this title.
(5) Registration requirement.--Chapter 7 of title II of the
Immigration and Nationality Act (8 U.S.C. 1301 et seq.) shall
apply to lawful prospective immigrants, except that the
Secretary may, in the discretion of the Secretary, excuse a
delay of up to 90 days in complying with the requirement under
section 265 of such Act to file notice of change of address. An
alien whose failure to timely file such notice of an address
change has been excused by the Secretary shall not be subject
to the penalty under section 266(b) of such Act for that
failure.
(6) Revocation.--
(A) In general.--At any time after an alien has
been granted lawful prospective immigrant status but
has not yet adjusted from such status to that of an
alien lawfully admitted for permanent residence under
section 112, the Secretary may revoke the alien's
status following appropriate notice to the alien and
exhaustion or waiver of all applicable administrative
review procedures under section 113, if--
(i) the alien is or has become inadmissible
under subsection (b)(1)(B) or ineligible for
such status under subsection (b)(2);
(ii) the alien knowingly used documentation
issued under this section for unlawful or
fraudulent purposes; or
(iii) the alien is or was absent from the
United States for any single period of more
than 6 months since the grant of lawful
prospective immigrant status.
(B) Additional evidence.--In considering
revocation, the Secretary may require the alien to
submit additional evidence or to appear for an
interview. A failure to comply with such requirements
will result in revocation except where the alien
demonstrates to the Secretary's satisfaction that such
failure was reasonably excusable and not willful.
(C) Invalidation of documentation.--Any
documentation that is issued by the Secretary under
subsection (c)(7) to any alien shall automatically be
rendered invalid for any purpose except departure, if
the alien's status as a lawful prospective immigrant is
revoked under subparagraph (A).
(7) Medical examination.--A lawful prospective immigrant is
required to undergo medical observation and examination. The
Secretary, with the concurrence of the Secretary of Health and
Human Services, shall prescribe policies and procedures for the
nature, frequency, and timing of such observation and
examination.
(8) Rule of construction.--Nothing in this section may be
construed--
(A) to require the Secretary to revoke status as a
lawful prospective immigrant before commencing removal
proceedings with respect to an alien described in
subsection (a) who has been granted such status, or in
any way prohibit the initiation of such proceedings
against a lawful prospective immigrant where such
proceedings are authorized under this Act; or
(B) to authorize the Attorney General to adjudicate
or grant any application for status as a lawful
prospective immigrant, to receive or consider an appeal
from a denial or revocation of lawful prospective
immigrant status, or to adjust the status of any lawful
prospective immigrant to an alien lawfully admitted for
permanent residence, unless the Secretary has delegated
such authority to the Attorney General in appropriate
cases pursuant to section 103(a)(6) of the Immigration
and Nationality Act (8 U.S.C. 1103(a)(6)).
(f) Dissemination of Information on Lawful Prospective Immigrant
Program.--After the date of the enactment of this Act, the Secretary,
in cooperation with entities approved by the Secretary, and in
accordance with a plan adopted by the Secretary in the Secretary's
discretion, shall broadly disseminate information regarding lawful
prospective immigrant status, the rights and benefits that flow from
such status, and the requirements to be satisfied to obtain this
status. Such information shall be disseminated in the top 5 principal
languages, as determined by the Secretary in the Secretary's
discretion, spoken by aliens who would qualify for status under this
section, including to television, radio, and print media to which such
aliens would have access.
SEC. 112. ADJUSTMENT OF STATUS FOR LAWFUL PROSPECTIVE IMMIGRANTS.
(a) 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 lawful
prospective immigrant to that of an alien lawfully admitted for
permanent residence if the lawful prospective immigrant satisfies, in
addition to all other requirements imposed by law, the eligibility
requirements under this section.
(b) Eligibility Requirements.--
(1) Lawful prospective immigrant status.--
(A) In general.--The alien shall be in a period of
authorized admission as a lawful prospective immigrant
and shall continue to satisfy--
(i) the eligibility requirements for such
status under section 601(b); and
(ii) the terms and conditions of such
status under section 601(d).
(B) Maintenance of waivers of admissibility.--
(i) In general.--The grounds of
inadmissibility under section 212(a) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)) that are made inapplicable or
previously waived for the alien under section
111(b)(3) shall also be considered inapplicable
for purposes of the alien's adjustment pursuant
to this section.
(ii) Exception for post-filing conduct.--No
waiver previously granted shall apply to any
inadmissibility under section 111(b)(1)(B)
arising out of conduct occurring after the date
on which the application for lawful prospective
immigrant status was filed.
(C) Pending revocation proceedings.--If the
Secretary has sent the applicant a notice of intent to
revoke the applicant's lawful prospective immigrant
status under section 111(e)(6)(A)(i), an application
for adjustment under this section may not be approved
until the Secretary has made a final determination on
whether to revoke the applicant's status.
(2) Basic citizenship skills.----
(A) In general.--Except as provided under
subparagraph (C), a lawful prospective immigrant who is
older than 14 years of age shall establish that he or
she--
(i) meets the requirements under section
312 of the Immigration and Nationality Act (8
U.S.C. 1423); or
(ii) is satisfactorily pursuing a course of
study, pursuant to standards established by the
Secretary of Education, in consultation with
the Secretary, to achieve such an understanding
of English and knowledge and understanding of
the history and Government of the United
States.
(B) Relation to naturalization examination.--A
lawful prospective immigrant who demonstrates that he
or she meets the requirements under section 312 of such
Act may be considered to have satisfied the
requirements of that section for purposes of becoming
naturalized as a citizen of the United States under
title III of such Act.
(C) Exceptions.--
(i) Mandatory.--Subparagraph (A) 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
such Act.
(ii) Discretionary.--The Secretary may
waive all or part of subparagraph (A) for a
lawful prospective immigrant who is at least 65
years of age on the date on which an
application is filed for adjustment of status
under this section.
(3) Payment of taxes.--
(A) In general.--Not later than the date on which
the application for adjustment of status under this
section is filed, the applicant shall satisfy any
applicable Federal tax liability.
(B) Applicable federal tax liability.--For purposes
of subparagraph (A), the term ``applicable Federal tax
liability'' means liability for unpaid assessed Federal
taxes, including penalties and interest, owed.
(4) Continuous physical presence.--The alien shall
establish that the alien did not have a single absence from the
United States of more than 6 months during the period of
admission as a lawful prospective immigrant.
(5) Military selective service.--The alien shall establish
that the alien has registered under the Military Selective
Service Act (50 U.S.C. App. 451 et seq.), if the alien is
subject to such registration under such Act.
(c) Application Procedures.--
(1) In general.--In accordance with the procedures
described in section 121, the Secretary shall prescribe by
regulation the procedures for an alien in the United States to
apply for adjustment of status under this section and the
evidence required to demonstrate eligibility for such
adjustment.
(2) Filing of application.--
(A) Back of the line.--An alien may not adjust
status to that of an alien lawfully admitted for
permanent residence under this section until the
earlier of--
(i) 30 days after an immigrant visa has
become available for all approved petitions
filed under sections 201 and 203 of the Act
that were filed before the date of enactment of
this Act; or
(ii) 8 years after the date of enactment of
this Act.
(B) Acceptance of applications.--No application to
adjust status under this section may be filed before
the date that is 6 years after the initial grant of
lawful prospective immigrant status, regardless of
whether such date is after the date on which, pursuant
to subparagraph (A), an alien may adjust status under
this section.
(3) Fees and penalties.--
(A) Processing fees.--The Secretary shall impose a
processing fee on applications for adjustment filed
under this section which shall be sufficient to recover
the full cost of adjudicating the application,
including the cost of taking and processing biometrics,
and the cost of expenses relating to prevention and
investigation of fraud.
(B) Penalties.--An alien 21 years of age or over
who is filing an application for adjustment of status
under this section shall pay a $1000 penalty to the
Secretary, in addition to the processing fee required
under subparagraph (A).
(C) Deposit, allocation, and spending of fees and
penalties.--Fees and penalties collected under
subparagraph (B) shall be deposited and remain
available as provided under section 111.
(4) Interview.--The Secretary may interview an applicant
for adjustment under this section to determine eligibility for
such adjustment.
(5) Security and law enforcement background checks.--An
alien applying for adjustment under this section shall be
required to submit to a renewed security and law enforcement
background check that shall be completed to the satisfaction of
the Secretary before such adjustment may be granted.
(6) Adjudication of adjustment application.--
(A) Evidence of continuous physical presence.--The
Secretary shall determine continuous physical presence
based upon the Secretary's records of admission to the
United States or such other relevant information as the
Secretary may require.
(B) Evidence of payment of taxes.--
(i) In general.--The alien may demonstrate
compliance with the requirement under paragraph
(b)(3) by submitting documentation, in
accordance with regulations promulgated by the
Secretary, that establishes that--
(I) no such unpaid assessed Federal
tax liability exists;
(II) all such outstanding
liabilities have been met; or
(III) the alien has entered into,
and is in compliance with, an agreement
for payment of all outstanding
liabilities with the Internal Revenue
Service.
(ii) IRS cooperation.--The Secretary of the
Treasury, in consultation with the Secretary,
shall establish procedures pursuant to
applicable provisions of section 6103 of the
Internal Revenue Code of 1986, under which the
Commissioner of Internal Revenue shall provide
documentation whereby the Secretary or the
applicant may establish the payment of all
taxes required under this subsection, to verify
that the individual meets the requirements of
clause (i).
(C) Burden of proof.--An alien 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 section.
(d) 5-year Eligibility Waiting Period.--An individual who meets the
requirements under this section for adjustment from lawful prospective
immigrant status to lawful permanent resident status shall be
considered, as of the date of such adjustment, to have completed the 5-
year period specified in sections 402 and 403 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1612 and 1613).
SEC. 113. ADMINISTRATIVE REVIEW, REMOVAL PROCEEDINGS, AND JUDICIAL
REVIEW FOR ALIENS WHO HAVE APPLIED FOR LAWFUL PROSPECTIVE
IMMIGRANT STATUS.
(a) Administrative Review.--
(1) Exclusive administrative review.--Administrative review
of a determination respecting an application for status as a
lawful prospective immigrant under section 111(b) or respecting
an application for adjustment of status under section 112 shall
be conducted solely as provided in this subsection.
(2) Administrative appellate review.--
(A) Establishment of administrative appellate
authority.--The Secretary shall establish or designate
an appellate authority within U.S. Citizenship and
Immigration Services to provide for a single level of
administrative appellate review of a determination
respecting an application for status or revocation of
status as a lawful prospective immigrant under section
111(b) or respecting an application for adjustment of
status under section 112. Any such application is not
renewable in any proceeding before the Attorney
General.
(B) Single appeal for each administrative
decision.--
(i) Lawful prospective immigrant.--An alien
in the United States whose application for
status as a lawful prospective immigrant under
section 111(b) has been denied or whose status
as a lawful prospective immigrant has been
revoked, may file with the Secretary not more
than 1 appeal of each decision to deny or
revoke such status.
(ii) Adjustment of status.--An alien in
lawful prospective immigrant status whose
application under section 112 for adjustment of
status to that of an alien lawfully admitted
for permanent residence has been denied may
file with the Secretary not more than 1 appeal
of each decision to deny or revoke such status.
(iii) Notice of appeal.--A notice of appeal
filed under this subsection shall be filed not
later than 60 calendar days after the date of
service of the decision of denial or
revocation.
(C) Secretarial review.--Nothing in this subsection
may be construed to limit the authority of the
Secretary, in the Secretary's sole and unreviewable
discretion, from certifying appeals for review and
final administrative decision.
(D) Denial of petitions for dependents.--Appeals of
a decision to deny a petition filed by a lawful
prospective immigrant pursuant to regulations
promulgated under section 111(c)(1)(A)(i) to classify a
spouse or child of such alien as a lawful prospective
immigrant shall be to the administrative appellate
authority described in subsection (A).
(E) Stay of removal.--Aliens seeking administrative
review under this section shall not be removed from the
United States until a final decision is rendered
establishing ineligibility under this title, unless
such removal is based on criminal or national security
grounds.
(3) Record for review.--Administrative appellate review
referred to in paragraph (2) shall be based solely upon the
administrative record established at the time of the
determination on the application and upon such additional newly
discovered or previously unavailable evidence.
(b) Self Initiated Removal and Notice Preserving Judicial Review.--
(1) In general.--Except as provided in subparagraphs (2)
and (3), any alien who receives a denial of an administrative
appeal filed under subsection (a) may request, not later than
60 calendar days after the date of service of the
administrative appellate decision, that the Secretary place the
alien in removal proceedings. That request shall serve as a
notice preserving judicial review of the denial. The Secretary
shall place such alien in removal proceedings to which the
alien would otherwise be subject, provided that no court shall
have jurisdiction to review the timing of the Secretary's
initiation of such proceedings. If removal proceedings are not
commenced within 1 year of the timely filing of the request
specified in this section, the alien may petition for review as
if an order of removal was filed within 1 year of the request.
(2) Aliens in removal proceedings.--Any alien who is in
removal, deportation, or exclusion proceedings that are not
administratively final and who receives a denial of an
administrative appeal filed under subsection (a), may file with
the Secretary, not later than 60 calendar days after the date
of service of the administrative appellate decision, a notice
to preserve judicial review of that appeal.
(3) Aliens with a final removal order.--Any alien who is
subject to an administratively final, unexecuted order of
removal, deportation, or exclusion and who receives a denial of
an administrative appeal filed under subsection (a), may file
with the Secretary, not later than 60 calendar days after the
date of service of the administrative appellate decision, a
notice to preserve judicial review of that appeal. Nothing in
this subsection shall be construed to authorize motions to
reopen or reconsider the removal order not otherwise permitted
under statute or regulation.
(4) Effect of motions to reopen or reconsider.--The 60-day
period described in paragraphs (1), (2), and (3) shall not be
affected or extended by the filing of a motion to reopen or
reconsider.
(5) Effect of service by mail.--If the administrative
appellate decision described in paragraphs (1), (2), and (3) is
served by mail, the date of mailing shall be considered the
date of service, and 3 days shall be added to the prescribed
period that the alien has to file the request or notices under
such paragraphs.
(c) Judicial Review.--Section 242 (8 U.S.C. 11252) is amended--
(1) in subsection (b)(2), by striking ``completed the
proceedings'' and inserting ``or the Secretary of Homeland
Security completed the removal proceedings'';
(2) by amending subsection (d)(1) to read as follows:
``(1) the alien has exhausted all administrative remedies
available to the alien as of right, except that the alien need
not file an administrative appeal of an order of an immigration
judge if the alien seeks review solely of a denial or
revocation of lawful prospective immigrant status pursuant to
subsection (i)(3), and''; and
(3) by adding at the end the following:
``(i) Judicial Review of Determinations Relating to Lawful
Prospective Immigrant Status.--
``(1) Direct review.--A person whose application for
classification or adjustment of status under this section is
denied after administrative appellate review under title V of
the Comprehensive Immigration Reform Act of 2011 may seek
review of such denial, in accordance with chapter 7 of title 5,
United States Code, before the United States district court for
the district in which the person resides.
``(2) Review after removal proceedings.--There shall be
judicial review in the Federal courts of appeal of the denial
of an application for adjustment of status under title V of the
Comprehensive Immigration Reform Act of 2011 in conjunction
with judicial review of an order of removal, deportation, or
exclusion, but only if the validity of the denial has not been
upheld in a prior judicial proceeding under paragraph (1).
``(3) Standard for judicial review.--Judicial review of a
denial of an application under title V of the Comprehensive
Immigration Reform Act of 2011 shall be based upon the
administrative record established at the time of the review,
but the court may remand the case to the Secretary for
consideration of additional evidence where the court finds that
the evidence is material and there were reasonable grounds for
failure to adduce the evidence before the Secretary.
Notwithstanding any other provision of law, judicial review of
all questions arising from a denial of an application under
title V of the Comprehensive Immigration Reform Act of 2011
shall be governed by the standard of review set forth in
chapter 7 of title 5, United States Code.
``(4) Remedial powers.--Notwithstanding any other provision
of law, the district courts of the United States shall have
jurisdiction over any cause or claim arising from a pattern or
practice of the Secretary of Homeland Security in the operation
or implementation of title V of the Comprehensive Immigration
Reform Act of 2011 that is arbitrary, capricious, or otherwise
contrary to law, and may order any appropriate relief. The
district courts may order any appropriate relief in accordance
with the preceding sentence without regard to exhaustion,
ripeness, or other standing requirements (other than
constitutionally mandated requirements), if the court
determines that resolution of such cause or claim will serve
judicial and administrative efficiency or that a remedy would
otherwise not be reasonably available or practicable.
``(5) Stay of removal.--Aliens seeking judicial review
under section 113 of the Comprehensive Immigration Reform Act
of 2011 shall not be removed from the United States until a
final decision is rendered establishing ineligibility under
this title.
``(6) No review for late filings.--An alien may not file an
application for lawful prospective immigrant status, under
title V of the Comprehensive Immigration Reform Act of 2011
beyond the period for receipt of such applications established
by section 111(e)(1) of such Act. The denial of any application
filed beyond the expiration of the period established by that
subsection shall not be subject to judicial review or remedy,
including under paragraph (5).
``(7) Challenges on validity of the lawful prospective
immigrant system.--
``(A) In general.--Any claim that title V of the
Comprehensive Immigration Reform Act of 2011, or any
regulation, guideline, directive, or procedure issued
to implement such title, violates the Constitution of
the United States or is otherwise in violation of law
is available exclusively in an action instituted in any
United States District Court in accordance with the
procedures prescribed under this paragraph. No claims
challenging the validity of the system established by
title V of the Comprehensive Immigration Reform Act of
2011 may be initiated after the period for receipt of
such applications established by subsection 111(c)(1)
of title VI of the Comprehensive Immigration Reform Act
of 2011 by or on behalf of an alien who did not timely
file for lawful prospective immigrant status.
``(B) Deadlines for bringing actions.--Any action
instituted under this paragraph that asserts a claim
that this title or any regulation, guideline,
directive, or procedure issued by or under the
authority of the Secretary to implement this title
violates the Constitution or is otherwise unlawful,
shall be filed--
``(i) not later than 3 years after the date
of the publication or promulgation of the
challenged regulation, policy, or directive; or
``(ii) if the action challenges the
validity of any provision of the Comprehensive
Immigration Reform Act of 2011, not later than
3 years after the date of the enactment of such
Act.
``(C) Subject to subparagraph (D), nothing in
subparagraph (A) or (B) shall preclude an applicant for
lawful prospective immigrant status under title VI of
the Comprehensive Immigration Reform Act of 2011 from
asserting that an action taken or decision made by the
Secretary with respect to his status under that title
was contrary to law in a proceeding under section 113
of title V of the Comprehensive Immigration Reform Act
of 2011.
``(D) Class actions.--Any claim described in
subparagraph (A) that is brought as a class action
shall be brought in conformity with the Class Action
Fairness Act of 2005 (Public Law 109-2) and the Federal
Rules of Civil Procedure. After the expiration of the
period for receipt of such applications established by
section 111(c)(1) of title V of the Comprehensive
Immigration Reform Act of 2011, an alien who did not
timely file for lawful prospective immigrant status may
not be a class member of or otherwise benefit from a
class action described in subparagraph (A).
``(E) Exhaustion and stay of proceedings.--No claim
brought under this paragraph shall require the
plaintiff to exhaust administrative remedies under
section 113 of title V of the Comprehensive Immigration
Reform Act of 2011, but nothing shall prevent the court
from staying proceedings under this paragraph to permit
the Secretary to evaluate an allegation challenging a
policy or practice or to take corrective action. In
issuing such a stay, the court shall take into account
any harm the stay may cause to the claimant and to the
government. This subsection conveys no authority to
stay proceedings initiated under any other section of
the Act.
``(F) Expeditious consideration of cases.--It shall
be the duty of the District Court, the Court of
Appeals, and the United States Supreme Court to advance
on the docket and to expedite to the greatest possible
extent the disposition of any case considered under
this section.''.
SEC. 114. CONFIDENTIALITY OF INFORMATION.
(a) In General.--Except as otherwise provided in this section and
in section 117, no Federal agency or bureau, or any officer or employee
of such agency or bureau, may, without the written consent of the
applicant--
(1) use the information furnished by the applicant pursuant
to an application filed under section 111 or 112, for any
purpose, other than to make a determination on the application,
including revocation of an application previously approved;
(2) make any publication through which the information
furnished by any particular applicant can be identified; or
(3) permit anyone other than the sworn officers, employees
or contractors of such agency or bureau, to examine individual
applications that have been filed.
(b) Required Disclosures.--
(1) The Secretary shall provide the information furnished
pursuant to an application filed under section 111 or 112, and
any other information derived from such furnished information
to--
(A) a Federal, State, tribal, or local law
enforcement agency, intelligence agency, national
security agency, component of the Department of
Homeland Security, court, or grand jury in connection
with a criminal investigation or prosecution, a
background check conducted pursuant to the Brady
Handgun Violence Protection Act, or for homeland
security or national security purposes, in each
instance about an individual, when such information is
requested by such entity or consistent with an
information sharing agreement or mechanism; or
(B) an official coroner for purposes of
affirmatively identifying a deceased individual,
whether or not the death of such individual resulted
from a crime.
(2) Nothing in this section may be construed as prohibiting
any entity described in paragraph (1)(A) from disseminating
information provided to such entity under this subsection by
the Secretary for any authorized purpose.
(c) Inapplicability After Denial, Revocation, or Abandonment.--The
limitations under subsection (a)--
(1) shall apply only until an application filed under
section 111 or 112 is denied and all opportunities for
administrative appeal of the denial have been exhausted;
(2) shall not apply to the use of the information furnished
pursuant to such application in any removal proceeding or other
criminal or civil case or action, including administrative
action, relating to an alien whose application has been granted
that is based upon any violation of law committed or discovered
after such grant; and
(3) shall not apply in a case in which--
(A) the Secretary has revoked the alien's status as
a lawful prospective immigrant; or
(B) the alien's lawful prospective immigrant status
has expired.
(d) Fraud in Application Process or Criminal Conduct.--
Notwithstanding any other provision of this section, information
concerning whether the applicant has engaged in fraud in the
application for lawful prospective immigrant status or for adjustment
of status from lawful prospective immigrant status or at any time
committed a crime may be used or released for immigration enforcement,
law enforcement, or national security purposes.
(e) Auditing and Evaluation of Information.--
(1) The Secretary may audit and evaluate information
furnished as part of any application filed under section 111 or
112 for purposes of identifying fraud or fraud schemes, and may
use any evidence of fraud detected by means of audits,
evaluations, or other means for purposes of investigating,
prosecuting or referring for prosecution, denying, or
terminating immigration benefits.
(2) Nothing in this section may be construed as limiting
the authority of the relevant Offices of Inspectors General
from conducting reviews, audits, oversight, and administrative,
civil or criminal investigations.
(f) Use of Information in Immigration Matters Subsequent to
Adjustment of Status.--If the Secretary has adjusted an alien's status
to that of an alien lawfully admitted for permanent residence pursuant
to section 112, then at any time thereafter the Secretary may use the
information furnished by the alien in the application for adjustment of
status or in the applications for status pursuant to sections 501 in
any subsequent immigration matter.
(g) Other Authorized Disclosures.--The Federal Bureau of
Investigation may disclose information derived from biometric and
biographic checks of the applicant to assist in the apprehension of a
person who is the subject of a warrant of arrest, or to notify
intelligence agencies of the location of a known or suspected
terrorist.
(h) Civil Penalty.--Whoever willfully uses, publishes, or permits
information to be disclosed in violation of this section shall be
subject to appropriate disciplinary action and subject to a civil
monetary penalty of not more than $5,000.
(i) Construction.--Nothing in this section shall be construed to
limit the use or release for immigration enforcement purposes of
information contained in files or records of the Secretary or Attorney
General pertaining to an application filed under section 111 or 112,
other than information furnished by an applicant pursuant to the
application, or any other information derived from the application,
that is not available from any other source.
(j) Interagency Fraud Prevention Coordination.--The Secretary or
the Secretary's designee shall convene an interagency committee to
address issues relating to the identification, prevention,
investigation, and prosecution of fraud and related conduct in
connection with this program.
SEC. 115. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), is amended by adding at
the end the following:
``(N) Aliens whose status is adjusted from that of
a lawful prospective immigrant under section 112 of CIR
Act of 2010.''.
SEC. 116. EMPLOYER PROTECTIONS.
(a) Use of Employment Records.--Copies of employment records or
other evidence of employment provided by an alien or by an alien's
employer in support of an alien's application for lawful prospective
immigrant status under section 601 shall not be used in a prosecution
or investigation (civil or criminal) of that employer under section
274A of the Immigration and Nationality Act or the tax laws of the
United States for the prior unlawful employment of that alien,
regardless of the adjudication of such application or reconsideration
by the Secretary of such alien's prima facie eligibility determination.
This section does not apply to employment records submitted by aliens
or employers that are deemed to be fraudulent.
(b) Applicability of Other Law.--Nothing in this section may be
used to shield an employer from liability under section 274B of the
Immigration and Nationality Act (8 U.S.C. 1324b) or any other labor or
employment law.
SEC. 117. ASSIGNMENT OF SOCIAL SECURITY NUMBER.
The Commissioner of the Social Security Administration, in
coordination with the Secretary, shall implement a system to allow for
the assignment of a Social Security number and issuance of a Social
Security card after the Secretary has granted an alien status as a
lawful prospective immigrant. The Secretary shall provide to the
Commissioner of Social Security information from the application filed
under section 111(a) and such other information as the Commissioner of
Social Security deems necessary to assign a Social Security account
number. The Commissioner of Social Security may use such information to
assign such Social Security account numbers and to administer the
programs for which the Commissioner of Social Security has
responsibility. The Commissioner of Social Security may maintain, use,
and disclose such information only as permitted by the Privacy Act and
other Federal law.
PART II--IMPLEMENTATION
SEC. 121. RULEMAKING.
(a) In General.--The Secretary and Attorney General separately
shall issue interim final regulations not later than 9 months after the
date of the enactment of this Act to implement this title and the
amendments made by this title. Such interim final regulations shall
become effective immediately upon publication in the Federal Register.
(b) Exemption From National Environmental Policy Act.--Any decision
by the Secretary concerning any rulemaking action, plan, or program
described in this section shall not be considered to be a major Federal
action subject to review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
SEC. 122. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING RULES.
(a) Exemption From Government Contracting Rules.--
(1) Procurement competition exemption.--Any Federal
agency's determination to use a procurement competition
exemption under section 253(c) of title 41, United States Code,
or to use the authority granted in paragraph (2), for the
purpose of implementing this title is not subject to challenge
by protest to either the Government Accountability Office,
under sections 3551 through 3556 of title 31, United States
Code, or to the Court of Federal Claims, under section 1491 of
title 28, United States Code. An agency shall immediately
advise Congress of the exercise of the authority granted in
this subsection.
(2) Waiver of competition requirements.--The competition
requirement of section 253(a) of title 41, United States Code
may be waived or modified by a Federal agency for any
procurement conducted to implement this title pursuant to a
determination and finding, approved by the senior procurement
executive for the agency conducting the procurement, that
explains why the waiver or modification is necessary if such a
determination and finding is furnished to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Government Reform of the House
of Representatives.
(b) Exemption From Government Hiring Rules.--Notwithstanding any
other provision of law, the Secretary shall have authority to make
term, temporary, limited, and part-time appointments for purposes of
implementing this title without regard to the number of such employees,
their ratio to permanent full-time employees, and the duration of their
employment. Nothing in chapter 71 of title 5, United States Code, shall
affect the authority of any Department management official to hire
term, temporary, limited, or part-time employees under this subsection.
SEC. 123. AUTHORITY TO ACQUIRE LEASEHOLDS.
Notwithstanding any other provision of law, the Secretary may
acquire a leasehold interest in real property, and may provide in a
lease entered into under this subsection for the construction or
modification of any facility on the leased property, if the Secretary
determines that the acquisition of such interest, and such construction
or modification is necessary in order to facilitate the implementation
of this title.
SEC. 124. PRIVACY AND CIVIL LIBERTIES.
(a) Protection of Privacy.--Consistent with section 114, the
Secretary shall require appropriate administrative and physical
safeguards to protect the security, confidentiality, and integrity of
personally identifiable information collected, maintained, and
disseminated pursuant to sections 111 and 112.
(b) Requirement for Impact Assessments.--Notwithstanding privacy
requirements under section 222 of the Homeland Security Act and the E-
Government Act of 2002, the Secretary shall conduct a privacy impact
assessment and a civil liberties impact assessment of the legalization
program established in sections 111 and 112 during the pendency of the
interim final rule.
SEC. 125. STATUTORY CONSTRUCTION.
Except as specifically provided otherwise, nothing in this title,
or any amendment made by this title, shall be construed to create any
substantive or procedural right or benefit that is legally enforceable
by any party against the United States or its agencies or officers or
any other person.
PART III--MISCELLANEOUS
SEC. 131. CORRECTION OF SOCIAL SECURITY RECORDS.
(a) In General.--Section 208(e)(1) of the Social Security Act (42
U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) by inserting after subparagraph (C) the following:
``(D) who is granted status as a lawful prospective
immigrant pursuant to section 111 of the CIR Act of
2010; or
``(E) whose status is adjusted to that of lawful
permanent resident under section 112 of the CIR Act of
2010,''; and
(3) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D) or (E), if such
conduct is alleged to have occurred before the date on which
the alien submitted an application under section 111 of the CIR
Act of 2010 for classification as a lawful prospective
immigrant.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the tenth month that begins after the
date of the enactment of this Act.
SEC. 132. FRAUD PREVENTION PROGRAM.
(a) In General.--The head of each Department responsible for the
administration of a program related to this title or with authority to
confer an immigration benefit, relief, or status under Federal
immigration law shall develop an administrative program to prevent
fraud within or upon such program or authority. Subject to such
modifications as the head of the Department may direct, the program
shall provide for--
(1) fraud prevention training for the relevant
administrative adjudicators within the Department;
(2) the regular audit of pending and approved applications
for examples and patterns of fraud or abuse;
(3) the receipt and evaluation of reports of fraud or
abuse;
(4) the identification of deficiencies in administrative
practice or procedure that encourage fraud or abuse;
(5) the remedy of any identified deficiencies; and
(6) the referral of cases of identified or suspected fraud
or other misconduct for investigation.
(b) Implementation.--Except as the head of the Department shall
otherwise provide, the implementation of the administrative program
referred to in subsection (a) shall be assigned to and made part of the
component or agency within the Department that is responsible for
conferring the relevant immigration benefit, relief, or status under
Federal immigration law.
(c) Coordination.--The heads of relevant Departments shall
coordinate their respective efforts under this subsection.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for this section.
SEC. 133. DATA COLLECTION REQUIREMENTS.
(a) In General.--The head of each department or agency of the
United States shall ensure that general demographic data provided by
applicants under this title shall be made available in the aggregate in
a searchable public database.
(b) Demographic Data.--General demographic data including gender,
country of origin, age, education, annual earnings, employment, State
of residence, marital status, date of arrival in the United States,
method of entry into the United States, number and ages of children,
and birthplace of children shall be made available to the public.
(c) Protection of Confidentiality.--Data collected and gathered in
the aggregate for purposes of research shall not be recorded in such a
way that it violates confidentiality provisions under this title.
PART IV--DREAM ACT
SEC. 141. SHORT TITLE.
This part may be cited as the ``Development, Relief, and Education
for Alien Minors Act of 2011'' or the ``DREAM Act of 2011''.
SEC. 142. DEFINITIONS.
In this part:
(1) In general.--Except as otherwise specifically provided,
terms used in this part shall have the meanings given such term
in the immigration laws (as defined in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002), except that the term does not include an
institution of higher education outside the United States.
(3) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(4) Uniformed services.--The term ``Uniformed Services''
has the meaning given the term ``uniformed services'' in
section 101(a) of title 10, United States Code.
SEC. 143. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN LONG-TERM
RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.
(a) Conditional Basis for Status.--Notwithstanding any other
provision of law, an alien shall be considered, at the time of
obtaining the status of an alien lawfully admitted for permanent
residence under this section, to have obtained such status on a
conditional basis subject to the provisions of this part.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary may cancel removal of, and adjust to the
status of an alien lawfully admitted for permanent residence on
a conditional basis, an alien who is inadmissible or deportable
from the United States or is in temporary protected status
under section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a), if the alien demonstrates by a preponderance of
the evidence that--
(A) the alien has been continuously physically
present in the United States since the date that is 5
years before the date of the enactment of this Act;
(B) the alien was 15 years of age or younger on the
date the alien initially entered the United States;
(C) the alien has been a person of good moral
character since the date the alien initially entered
the United States;
(D) subject to paragraph (2), the alien--
(i) is not inadmissible under paragraph
(2), (3), (6)(E), (6)(G), (8), (10)(A),
(10)(C), or (10)(D) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C.
1182(a));
(ii) 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
(iii) has not been convicted of--
(I) any offense under Federal or
State law punishable by a maximum term
of imprisonment of more than 1 year; or
(II) 3 or more offenses under
Federal or State law, for which the
alien was convicted on different dates
for each of the 3 offenses and
imprisoned for an aggregate of 90 days
or more;
(E) the alien--
(i) has been admitted to an institution of
higher education in the United States; or
(ii) has earned a high school diploma or
obtained a general education development
certificate in the United States; and
(F) the alien was 35 years of age or younger on the
date of the enactment of this Act.
(2) Waiver.--With respect to any benefit under this part,
the Secretary may waive the grounds of inadmissibility under
paragraph (6)(E), (6)(G), or (10)(D) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) for
humanitarian purposes or family unity or when it is otherwise
in the public interest.
(3) Submission of biometric and biographic data.--The
Secretary may not grant permanent resident status on a
conditional basis to an alien under this section unless the
alien submits biometric and biographic data, in accordance with
procedures established by the Secretary. The Secretary shall
provide an alternative procedure for applicants who are unable
to provide such biometric or biographic data because of a
physical impairment.
(4) Background checks.--
(A) Requirement for background checks.--The
Secretary shall utilize biometric, biographic, and
other data that the Secretary determines is
appropriate--
(i) to conduct security and law enforcement
background checks of an alien seeking permanent
resident status on a conditional basis under
this section; and
(ii) to determine whether there is any
criminal, national security, or other factor
that would render the alien ineligible for such
status.
(B) Completion of background checks.--The security
and law enforcement background checks required by
subparagraph (A) for an alien shall be completed, to
the satisfaction of the Secretary, prior to the date
the Secretary grants permanent resident status on a
conditional basis to the alien.
(5) Medical examination.--An alien applying for permanent
resident status on a conditional basis under this section shall
undergo a medical examination. The Secretary, with the
concurrence of the Secretary of Health and Human Services,
shall prescribe policies and procedures for the nature and
timing of such examination.
(6) Military selective service.--An alien applying for
permanent resident status on a conditional basis under this
section shall establish that the alien has registered under the
Military Selective Service Act (50 U.S.C. App. 451 et seq.), if
the alien is subject to such registration under that Act.
(c) Determination of Continuous Presence.--
(1) Termination of continuous period.--Any period of
continuous physical presence in the United States of an alien
who applies for permanent resident status on a conditional
basis under this section shall not terminate when the alien is
served a notice to appear under section 239(a) of the
Immigration and Nationality Act (8 U.S.C. 1229(a)).
(2) Treatment of certain breaks in presence.--
(A) In general.--An alien shall be considered to
have failed to maintain continuous physical presence in
the United States under subsection (b)(1)(A) if the
alien has departed from the United States for any
period in excess of 90 days or for any periods in the
aggregate exceeding 180 days.
(B) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in
subparagraph (A) for an alien if the alien demonstrates
that the failure to timely return to the United States
was due to extenuating circumstances beyond the alien's
control.
(d) Application.--
(1) In general.--An alien seeking lawful permanent resident
status on a conditional basis shall file an application for
such status in such manner as the Secretary may require.
(2) Deadline for submission of application.--An alien shall
submit an application for relief under this section not later
than the date that is 1 year after the later of--
(A) the date the alien earned a high school diploma
or obtained a general education development certificate
in the United States; or
(B) the effective date of the final regulations
issued pursuant to section 536.
(e) Limitation on Removal of Certain Aliens.--
(1) In general.--The Secretary or the Attorney General may
not remove an alien who--
(A) has a pending application for relief under this
section; and
(B) establishes prima facie eligibility for relief
under this section.
(2) Certain aliens enrolled in primary or secondary
school.--
(A) Stay of removal.--The Attorney General shall
stay the removal proceedings of an alien who--
(i) meets all the requirements of
subparagraphs (A), (B), (C), (D), and (F) of
subsection (b)(1);
(ii) is at least 5 years of age; and
(iii) is enrolled full-time in a primary or
secondary school.
(B) Aliens not in removal proceedings.--If an alien
is not in removal proceedings, the Secretary shall not
commence such proceedings with respect to the alien if
the alien is described in clauses (i) through (iii) of
subparagraph (A).
(C) Employment.--An alien whose removal is stayed
pursuant to subparagraph (A) or who may not be placed
in removal proceedings pursuant to subparagraph (B)
shall, upon application to the Secretary, be granted an
employment authorization document.
(D) Lift of stay.--The Secretary or Attorney
General may lift the stay granted to an alien under
subparagraph (A) if the alien--
(i) is no longer enrolled in a primary or
secondary school; or
(ii) ceases to meet the requirements of
such paragraph.
(f) Exemption From Numerical Limitations.--Nothing in this section
or in any other law may be construed to apply a numerical limitation on
the number of aliens who may be eligible for adjustment of status under
this part.
SEC. 144. TERMS OF CONDITIONAL PERMANENT RESIDENT STATUS.
(a) Period of Status.--Permanent resident status on a conditional
basis granted under this part is--
(1) valid for a period of 6 years, unless such period is
extended by the Secretary; and
(2) subject to termination under subsection (c).
(b) Notice of Requirements.--
(1) At time of obtaining status.--At the time an alien
obtains permanent resident status on a conditional basis under
this part, the Secretary shall provide for notice to the alien
regarding the provisions of this part and the requirements to
have the conditional basis of such status removed.
(2) Effect of failure to provide notice.--The failure of
the Secretary to provide a notice under this subsection--
(A) shall not affect the enforcement of the
provisions of this part with respect to the alien; and
(B) shall not give rise to any private right of
action by the alien.
(c) Termination of Status.--
(1) In general.--The Secretary shall terminate the
conditional permanent resident status of an alien, if the
Secretary determines that the alien--
(A) ceases to meet the requirements of subparagraph
(C) or (D) of section 533(b)(1); or
(B) was discharged from the Uniformed Services and
did not receive an honorable discharge.
(d) Return to Previous Immigration Status.--
(1) In general.--Except as provided in paragraph (2), an
alien whose permanent resident status on a conditional basis
expires under subsection (a)(1) or is terminated under
subsection (c) or whose application for such status is denied
shall return to the immigration status the alien had
immediately prior to receiving permanent resident status on a
conditional basis or applying for such status, as appropriate.
(2) Special rule for temporary protected status.--In the
case of an alien whose permanent resident status on a
conditional basis expires under subsection (a)(1) or is
terminated under subsection (c) or whose application for such
status is denied and who had temporary protected status
immediately prior to receiving or applying for such status, as
appropriate, the alien may not return to temporary protected
status if--
(A) the relevant designation under section 244(b)
of the Immigration and Nationality Act (8 U.S.C.
1254a(b)) has been terminated; or
(B) the Secretary determines that the reason for
terminating the permanent resident status on a
conditional basis renders the alien ineligible for
temporary protected status.
(e) Information Systems.--The Secretary shall use the information
systems of the Department of Homeland Security to maintain current
information on the identity, address, and immigration status of aliens
granted permanent resident status on a conditional basis under this
part.
SEC. 145. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.
(a) Eligibility for Removal of Conditional Basis.--
(1) In general.--Subject to paragraph (2), the Secretary
may remove the conditional basis of an alien's permanent
resident status granted under this part if the alien
demonstrates by a preponderance of the evidence that--
(A) the alien has been a person of good moral
character during the entire period of conditional
permanent resident status;
(B) the alien is described in section 533(b)(1)(D);
(C) the alien has not abandoned the alien's
residence in the United States;
(D) the alien--
(i) 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;
or
(ii) has served in the Uniformed Services
for at least 2 years and, if discharged,
received an honorable discharge; and
(E) the alien has provided a list of each secondary
school (as that term is defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) that the alien attended in the United
States.
(2) Hardship exception.--
(A) In general.--The Secretary may, in the
Secretary's discretion, remove the conditional basis of
an alien's permanent resident status if the alien--
(i) satisfies the requirements of
subparagraphs (A), (B), (C), and (E) of
paragraph (1);
(ii) demonstrates compelling circumstances
for the inability to satisfy the requirements
of subparagraph (D) of such paragraph; and
(iii) demonstrates that the alien's removal
from the United States would result in extreme
hardship to the alien or the alien's spouse,
parent, or child who is a citizen or a lawful
permanent resident of the United States.
(B) Extension.--Upon a showing of good cause, the
Secretary may extend the period of permanent resident
status on a conditional basis for an alien so that the
alien may complete the requirements of subparagraph (D)
of paragraph (1).
(3) Treatment of abandonment or residence.--For purposes of
paragraph (1)(C), an alien--
(A) shall be presumed to have abandoned the alien's
residence in the United States if the alien is absent
from the United States for more than 365 days, in the
aggregate, during the alien's period of conditional
permanent resident status, unless the alien
demonstrates to the satisfaction of the Secretary that
the alien has not abandoned such residence; and
(B) 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.
(4) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph
(B), the conditional basis of an alien's permanent
resident status may not be removed unless the alien
demonstrates that the alien satisfies the requirements
of section 312(a) of the Immigration and Nationality
Act (8 U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to
an alien who is unable because of a physical or
developmental disability or mental impairment to meet
the requirements of such subparagraph.
(5) Submission of biometric and biographic data.--The
Secretary may not remove the conditional basis of an alien's
permanent resident status unless the alien submits biometric
and biographic data, in accordance with procedures established
by the Secretary. The Secretary shall provide an alternative
procedure for applicants who are unable to provide such
biometric data because of a physical impairment.
(6) Background checks.--
(A) Requirement for background checks.--The
Secretary shall utilize biometric, biographic, and
other data that the Secretary determines appropriate--
(i) to conduct security and law enforcement
background checks of an alien applying for
removal of the conditional basis of the alien's
permanent resident status; and
(ii) to determine whether there is any
criminal, national security, or other factor
that would render the alien ineligible for
removal of such conditional basis.
(B) Completion of background checks.--The security
and law enforcement background checks required by
subparagraph (A) for an alien shall be completed, to
the satisfaction of the Secretary, prior to the date
the Secretary removes the conditional basis of the
alien's permanent resident status.
(b) Application To Remove Conditional Basis.--
(1) In general.--An alien seeking to have the conditional
basis of the alien's lawful permanent resident status removed
shall file an application for such removal in such manner as
the Secretary may require.
(2) Deadline for submission of application.--
(A) In general.--An alien shall file an application
under this subsection during the period beginning 6
months prior to and ending on the date that is later
of--
(i) 6 years after the date the alien was
initially granted conditional permanent
resident status; or
(ii) any other expiration date of the
alien's conditional permanent resident status,
as extended by the Secretary in accordance with
this part.
(B) Status during pendency.--An alien shall be
deemed to have permanent resident status on a
conditional basis during the period that the alien's
application submitted under this subsection is pending.
(3) Adjudication of application.--
(A) In general.--The Secretary shall make a
determination on each application filed by an alien
under this subsection as to whether the alien meets the
requirements for removal of the conditional basis of
the alien's permanent resident status.
(B) Adjustment of status if favorable
determination.--If the Secretary determines that the
alien meets such requirements, the Secretary shall
notify the alien of such determination and remove the
conditional basis of the alien's permanent resident
status, effective as of the date of such determination.
(C) Termination if adverse determination.--If the
Secretary determines that the alien does not meet such
requirements, the Secretary shall notify the alien of
such determination and, if the period of the alien's
conditional permanent resident status under section
534(a)(1) has ended, terminate the conditional
permanent resident status granted the alien under this
part as of the date of such determination.
(c) Treatment for Purposes of Naturalization.--
(1) In general.--For purposes of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an
alien granted permanent resident status on a conditional basis
under this part shall be considered to have been admitted as an
alien lawfully admitted for permanent residence and to be in
the United States as an alien lawfully admitted to the United
States for permanent residence.
(2) Limitation on application for naturalization.--An alien
may not apply for naturalization during the period that the
alien is in permanent resident status on a conditional basis
under this part.
SEC. 146. REGULATIONS.
(a) Initial Publication.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall publish regulations
implementing this part. Such regulations shall allow eligible
individuals to apply affirmatively for the relief available under
section 533 without being placed in removal proceedings.
(b) Interim Regulations.--Notwithstanding section 553 of title 5,
United States Code, the regulations required by subsection (a) shall be
effective, on an interim basis, immediately upon publication but may be
subject to change and revision after public notice and opportunity for
a period of public comment.
(c) Final Regulations.--Within a reasonable time after publication
of the interim regulations in accordance with subsection (b), the
Secretary shall publish final regulations implementing this part.
(d) Paperwork Reduction Act.--The requirements of chapter 35 of
title 44, United States Code (commonly known as the ``Paperwork
Reduction Act'') shall not apply to any action to implement this part.
SEC. 147. PENALTIES FOR FALSE STATEMENTS.
Whoever files an application for any relief or benefit under this
part and willfully and knowingly falsifies, misrepresents, or conceals
a material fact or makes any false or fraudulent statement or
representation, or makes or uses any false writing or document knowing
the same to contain any false or fraudulent statement or entry, shall
be fined in accordance with title 18, United States Code, imprisoned
not more than 5 years, or both.
SEC. 148. CONFIDENTIALITY OF INFORMATION.
(a) Prohibition.--Except as provided in subsection (b), no officer
or employee of the United States may--
(1) use the information furnished by an individual pursuant
to an application filed under this part in removal proceedings
against any person identified in the application;
(2) make any publication whereby the information furnished
by any particular individual pursuant to an application under
this part can be identified; or
(3) permit anyone other than an officer, employee or
authorized contractor of the United States Government or, in
the case of an application filed under this part with a
designated entity, permit that designated entity, to examine
such application filed under such sections.
(b) Required Disclosure.--The Attorney General or the Secretary
shall provide the information furnished under this part, and any other
information derived from such furnished information, to--
(1) a Federal, State, tribal, or local law enforcement
agency, intelligence agency, national security agency,
component of the Department of Homeland Security, court, or
grand jury in connection with a criminal investigation or
prosecution, a background check conducted pursuant to section
103 of the Brady Handgun Violence Protection Act (Public Law
103-159; 18 U.S.C. 922 note), or national security purposes, if
such information is requested by such entity or consistent with
an information sharing agreement or mechanism; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(c) Fraud in Application Process or Criminal Conduct.--
Notwithstanding any other provision of this section, information
concerning whether an alien seeking relief under this part has engaged
in fraud in an application for such relief or at any time committed a
crime, may be used or released for immigration enforcement, law
enforcement, or national security purposes.
(d) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this section shall be fined
not more than $10,000.
SEC. 149. HIGHER EDUCATION ASSISTANCE.
(a) In General.--Notwithstanding any provision of the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), with respect to
assistance provided under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), an alien who has permanent resident status on
a conditional basis under this part shall be eligible only for the
following assistance under such title:
(1) Student loans under parts D and E of such title IV (20
U.S.C. 1087a et seq. and 1087aa et seq.), subject to the
requirements of such parts.
(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.
(b) Restoration of State Option To Determine Residency for Purposes
of Higher Education Benefits.--
(1) In general.--section 115 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623)
is repealed.
(2) Effective date.--The repeal under paragraph (1) 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).
PART V--AGRICULTURAL JOB OPPORTUNITIES, BENEFITS, AND SECURITY
SEC. 150. SHORT TITLES.
This part may be cited as the ``Agricultural Job Opportunities,
Benefits, and Security Act of 2011'' or the ``AgJOBS Act of 2011''.
CHAPTER 1--BLUE CARD STATUS
SEC. 151. REQUIREMENTS FOR BLUE CARD STATUS.
(a) Requirement To Grant Blue Card Status.--Notwithstanding any
other provision of law, the Secretary shall, pursuant to the
requirements of this section, grant blue card status to an alien who
qualifies under this section if the Secretary determines that the
alien--
(1) has performed agricultural employment in the United
States for at least 863 hours or 150 work days during the 24-
month period ending on December 31, 2010;
(2) applied for such status during the 18-month application
period beginning on the first day of the seventh month that
begins after the date of the enactment of this Act;
(3) is otherwise admissible to the United States under
section 212 of the Immigration and Nationality Act (8 U.S.C.
1182), except as otherwise provided under section 154(a)(2) of
this Act; 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
154(a)(2) of this Act;
(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 153(a) unless the alien was unable to
work in agricultural employment due to the
extraordinary circumstances described in
paragraph (3) of such section.
(e) Record of Employment.--
(1) In general.--Each employer of an alien granted blue
card status shall annually--
(A) provide a written record of employment to the
alien; and
(B) provide a copy of such record to the Secretary.
(2) Civil penalties.--
(A) In general.--If the Secretary determines, after
notice and opportunity for a hearing, that an employer
of an alien granted blue card status has failed to
provide the record of employment required under
paragraph (1) or has provided a false statement of
material fact in such a record, the employer shall be
subject to a civil penalty in an amount not to exceed
$1,000 per violation.
(B) Limitation.--The penalty applicable under
subparagraph (A) for failure to provide records shall
not apply unless the alien has provided the employer
with evidence of employment authorization granted under
this section.
(3) Sunset.--The obligation under paragraph (1) shall
terminate on the date that is 6 years after the date of the
enactment of this Act.
(f) Required Features of Identity Card.--The Secretary shall
provide each alien granted blue card status, and the spouse and any
child of each such alien residing in the United States, with a card
that contains--
(1) an encrypted, machine-readable, electronic
identification strip that is unique to the alien to whom the
card is issued;
(2) biometric identifiers, including fingerprints and a
digital photograph; and
(3) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card for
fraudulent purposes.
(g) Fine.--An alien granted blue card status shall pay a $100 fine
to the Secretary.
(h) Maximum Number.--The Secretary may not issue more than
1,350,000 blue cards during the 5-year period beginning on the date of
the enactment of this Act.
(i) Treatment of Aliens Granted Blue Card Status.--
(1) In general.--Except as otherwise provided under this
section, an alien granted blue card status (including a spouse
or child of the alien granted derivative status) shall be
considered to be an alien lawfully admitted for permanent
residence for purposes of any law other than any provision of
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(2) Delayed eligibility for certain federal public
benefits.--Except as otherwise provided in law, an alien
granted blue card status (including a spouse or child of the
alien granted derivative status) shall not be eligible, by
reason of such status, for any form of assistance or benefit
described in section 403(a) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a))
until 5 years after the date on which the alien is granted an
adjustment of status under section 153.
SEC. 152. APPLICATION FOR BLUE CARD STATUS.
(a) Submission.--The Secretary shall provide that--
(1) applications for blue card status may be submitted--
(A) to the Secretary if the applicant is
represented by an attorney or a nonprofit religious,
charitable, social service, or similar organization
recognized by the Board of Immigration Appeals under
section 292.2 of title 8, Code of Federal Regulations;
or
(B) to a qualified designated entity if the
applicant consents to the forwarding of the application
to the Secretary; and
(2) applications for adjustment of status under section 153
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 requirements under section 151(a)(1) or 153(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 151(a) or 153(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 151(a)(1) or 153(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 151(a)(1) or 153(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
part to be made by the Secretary.
(e) Limitation on Access to Information.--Files and records
collected or compiled by a qualified designated entity for the purposes
of this section are confidential and the Secretary shall not have
access to such a file or record relating to an alien without the
consent of the alien, except as allowed by a court order issued
pursuant to subsection (f).
(f) Confidentiality of Information.--
(1) In general.--Except as otherwise provided in this
section, the Secretary or any other official or employee of the
Department or a bureau or agency of the Department is
prohibited from--
(A) using information furnished by the applicant
pursuant to an application filed under this title, the
information provided by an applicant to a qualified
designated entity, or any information provided by an
employer or former employer for any purpose other than
to make a determination on the application or for
imposing the penalties described in subsection (g);
(B) making any publication in which the information
furnished by any particular individual can be
identified; or
(C) permitting a person other than a sworn officer
or employee of the Department or a bureau or agency of
the Department or, with respect to applications filed
with a qualified designated entity, that qualified
designated entity, to examine individual applications.
(2) Required disclosures.--The Secretary shall provide the
information furnished under this title or any other information
derived from such furnished information to--
(A) a duly recognized law enforcement entity in
connection with a criminal investigation or
prosecution, if such information is requested in
writing by such entity; or
(B) an official coroner, for purposes of
affirmatively identifying a deceased individual,
whether or not the death of such individual resulted
from a crime.
(3) Construction.--
(A) In general.--Nothing in this subsection may be
construed to limit the use, or release, for immigration
enforcement purposes or law enforcement purposes, of
information contained in files or records of the
Department pertaining to an application filed under
this section, other than information furnished by an
applicant pursuant to the application, or any other
information derived from the application, that is not
available from any other source.
(B) Criminal convictions.--Notwithstanding any
other provision of this subsection, information
concerning whether the alien applying for blue card
status or an adjustment of status under section 153 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 under
this section or for adjustment of status under section
153 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 grounds 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 114(a)(11) of Public
Law 104-134 (110 Stat. 1321-53 et seq.) may 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 under this section or for
adjustment of status under section 153.
(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 under this section or
for adjustment of status under section 153; 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 under this
section or for adjustment of status under section 153.
SEC. 153. 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, during the 4-year period
beginning on the date of the enactment of this Act--
(i) agricultural employment in the United
States for at least 150 work days during 3 of
such years; and
(ii) at least 100 work days during the
remaining year.
(2) Proof.--An alien may demonstrate compliance with the
requirement under paragraph (1) by submitting--
(A) the record of employment described in section
151(e); or
(B) documentation that may be submitted under
section 152(c).
(3) Extraordinary circumstances.--
(A) In general.--In determining whether an alien
has met the requirement under 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 154(a)(2);
(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 under
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 section 151(h).
(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 154(a)(2);
(B) is convicted of a felony or 3 or more
misdemeanors committed in the United States; or
(C) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily
injury, or harm to property in excess of $500.
SEC. 154. OTHER PROVISIONS.
(a) Waiver of Numerical Limitations and Certain Grounds for
Inadmissibility.--
(1) Numerical limitations do not apply.--The numerical
limitations of sections 201 and 202 of the Immigration and
Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to the
adjustment of aliens to lawful permanent resident status under
section 153.
(2) Waiver of certain grounds of inadmissibility.--In the
determination of an alien's eligibility for status under
section 101(a) or an alien's eligibility for adjustment of
status under section 153(b)(2)(A) the following rules shall
apply:
(A) Grounds of exclusion not applicable.--The
provisions of paragraphs (5), (6)(A), (7), and (9) of
section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)) shall not apply.
(B) Waiver of other grounds.--
(i) In general.--Except as provided in
subparagraph (B), the Secretary may waive any
other provision of such section 212(a) in the
case of individual aliens for humanitarian
purposes, to ensure family unity, or if
otherwise in the public interest.
(ii) Grounds that may not be waived.--
Subparagraphs (A), (B), (C), (D), (G), (H), and
(I) of paragraph (2) and paragraphs (3) and (4)
of such section 212(a) may not be waived by the
Secretary under subparagraph (A).
(iii) Construction.--Nothing in this
paragraph may be construed as affecting the
authority of the Secretary other than under
this subparagraph to waive provisions under
such section 212(a).
(C) Special rule for determination of public
charge.--An alien is not ineligible for blue card
status or an adjustment of status under section 153 by
reason of a ground of inadmissibility under section
212(a)(4) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(4)) if the alien demonstrates a history
of employment in the United States evidencing self-
support without reliance on public cash assistance.
(3) Temporary stay of removal and work authorization for
certain applicants.--
(A) Before application period.--Effective on the
date of the 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 151(a)(2) and who can
establish a nonfrivolous case of eligibility for blue
card status (but for the fact that the alien may not
apply for such status until the beginning of such
period), until the alien has had the opportunity during
the first 30 days of the application period to complete
the filing of an application for blue card status, the
alien--
(i) may not be removed; and
(ii) shall be granted authorization to
engage in employment in the United States and
be provided an employment authorized
endorsement or other appropriate work permit
for such purpose.
(B) During application period.--The Secretary shall
provide that, in the case of an alien who presents a
nonfrivolous application for blue card status during
the application period described in section 151(a)(2),
including an alien who files such an application within
30 days of the alien's apprehension, and until a final
determination on the application has been made in
accordance with this section, the alien--
(i) may not be removed; and
(ii) shall be granted authorization to
engage in employment in the United States and
be provided an employment authorized
endorsement or other appropriate work permit
for such purpose.
(b) Administrative and Judicial Review.--
(1) In general.--There shall be no administrative or
judicial review of a determination respecting an application
for blue card status or adjustment of status under section 153
except in accordance with this section.
(2) Administrative review.--
(A) Single level of administrative appellate
review.--The Secretary shall establish an appellate
authority to provide for a single level of
administrative appellate review of such a
determination.
(B) Standard for review.--Such administrative
appellate review shall be based solely upon the
administrative record established at the time of the
determination on the application and upon such
additional or newly discovered evidence as may not have
been available at the time of the determination.
(3) Judicial review.--
(A) Limitation to review of removal.--There shall
be judicial review of such a determination only in the
judicial review of an order of removal under section
242 of the Immigration and Nationality Act (8 U.S.C.
1252).
(B) Standard for judicial review.--Such judicial
review shall be based solely upon the administrative
record established at the time of the review by the
appellate authority and the findings of fact and
determinations contained in such record shall be
conclusive unless the applicant can establish abuse of
discretion or that the findings are directly contrary
to clear and convincing facts contained in the record
considered as a whole.
(c) Use of Information.--Beginning not later than the first day of
the application period described in section 151(a)(2), the Secretary,
in cooperation with qualified designated entities (as that term is
defined in section 152(b)), shall broadly disseminate information
respecting the benefits that aliens may receive under this part and the
requirements that an alien is required to meet to receive such
benefits.
(d) Regulations, Effective Date, Authorization of Appropriations.--
(1) Regulations.--The Secretary shall issue regulations to
implement this chapter not later than the first day of the
seventh month that begins after the date of the enactment of
this Act.
(2) Effective date.--This chapter shall take effect on the
date that regulations required under subsection (a) are issued,
regardless of whether such regulations are issued on an interim
basis or on any other basis.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to implement this part, including any sums needed for
costs associated with the initiation of such implementation,
for fiscal years 2012 and 2013.
SEC. 155. CORRECTION OF SOCIAL SECURITY RECORDS.
(a) In General.--Section 208(e)(1) of the Social Security Act (42
U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted blue card status under the
AgJOBS Act of 2011.''; 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.
SEC. 156. 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 159 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 159,
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 159(a), 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 159 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 added by section 159; and
(2) the provisions of this part.
(d) Effective Date.--This section and the amendments made by
section 159 shall take effect 1 year after the date of the enactment of
this Act.
SEC. 157. RULEMAKING.
(a) Requirement for the Secretary To Consult.--The Secretary shall
consult with the Secretary of Labor and the Secretary of Agriculture
during the promulgation of all regulations to implement the duties of
the Secretary under this Act and the amendments made by this Act.
(b) Requirement for the Secretary of State To Consult.--The
Secretary of State shall consult with the Secretary, the Secretary of
Labor, and the Secretary of Agriculture on all regulations to implement
the duties of the Secretary of State under this Act and the amendments
made by this Act.
(c) Requirement for the Secretary of Labor To Consult.--The
Secretary of Labor shall consult with the Secretary of Agriculture and
the Secretary on all regulations to implement the duties of the
Secretary of Labor under this Act and the amendments made by this Act.
(d) Deadline for Issuance of Regulations.--All regulations to
implement the duties of the Secretary, the Secretary of State, and the
Secretary of Labor created under sections 218, 218A, 218B, 218C, and
218D of the Immigration and Nationality Act, as amended or added by
section 159 of this Act--
(1) shall take effect on the effective date of section 159;
and
(2) shall be issued not later than 1 year after the date of
the enactment of this Act.
SEC. 158. REPORTS TO CONGRESS.
(a) Annual Report.--Not later than September 30 of each year, the
Secretary shall submit a report to Congress that identifies, for the
previous year--
(1) the number of job opportunities approved for employment
of aliens admitted under section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)), and the number of workers actually
admitted, disaggregated by State and by occupation;
(2) the number of such aliens reported to have abandoned
employment pursuant to section 218B(e)(2) of such Act;
(3) the number of such aliens who departed the United
States within the period specified in section 218B(d) of such
Act;
(4) the number of aliens who applied for blue card status
pursuant to section 151(a);
(5) the number of aliens who were granted such status
pursuant section 151(a);
(6) the number of aliens who applied for an adjustment of
status pursuant to section 153(a); and
(7) the number of aliens who received an adjustment of
status pursuant section 153(a).
(b) Implementation Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall prepare and submit a
report to Congress that describes the measures being taken and the
progress made in implementing this part.
Subchapter A--Reform of H-2A Worker Program
SEC. 159. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT.
(a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended by
striking section 218 and inserting the following:
``SEC. 218. H-2A EMPLOYER APPLICATIONS.
``(a) Applications to the Secretary of Labor.--
``(1) In general.--No alien may be admitted to the United
States as an H-2A worker, or otherwise provided status as an H-
2A worker, unless the employer has filed with the Secretary of
Labor an application containing--
``(A) the assurances described in subsection (b);
``(B) a description of the nature and location of
the work to be performed;
``(C) the anticipated period (expected beginning
and ending dates) for which the workers will be needed;
and
``(D) the number of job opportunities in which the
employer seeks to employ the workers.
``(2) Accompanied by job offer.--Each application filed
under paragraph (1) shall be accompanied by a copy of the job
offer describing the wages and other terms and conditions of
employment and the bona fide occupational qualifications that
shall be possessed by a worker to be employed in the job
opportunity in question.
``(b) Assurances for Inclusion in Applications.--The assurances
referred to in subsection (a)(1) are the following:
``(1) Job opportunities covered by collective bargaining
agreements.--With respect to a job opportunity that is covered
under a collective bargaining agreement:
``(A) Union contract described.--The job
opportunity is covered by a union contract which was
negotiated at arm's length between a bona fide union
and the employer.
``(B) Strike or lockout.--The specific job
opportunity for which the employer is requesting an H-
2A worker is not vacant because the former occupant is
on strike or being locked out in the course of a labor
dispute.
``(C) Notification of bargaining representatives.--
The employer, at the time of filing the application,
has provided notice of the filing under this paragraph
to the bargaining representative of the employer's
employees in the occupational classification at the
place or places of employment for which aliens are
sought.
``(D) Temporary or seasonal job opportunities.--The
job opportunity is temporary or seasonal.
``(E) Offers to united states workers.--The
employer has offered or will offer the job to any
eligible United States worker who applies and is
equally or better qualified for the job for which the
nonimmigrant is, or the nonimmigrants are, sought and
who will be available at the time and place of need.
``(F) Provision of insurance.--If the job
opportunity is not covered by the State workers'
compensation law, the employer will provide, at no cost
to the worker, insurance covering injury and disease
arising out of, and in the course of, the worker's
employment which will provide benefits at least equal
to those provided under the State's workers'
compensation law for comparable employment.
``(2) Job opportunities not covered by collective
bargaining agreements.--With respect to a job opportunity that
is not covered under a collective bargaining agreement:
``(A) Strike or lockout.--The specific job
opportunity for which the employer has applied for an
H-2A worker is not vacant because the former occupant
is on strike or being locked out in the course of a
labor dispute.
``(B) Temporary or seasonal job opportunities.--The
job opportunity is temporary or seasonal.
``(C) Benefit, wage, and working conditions.--The
employer will provide, at a minimum, the benefits,
wages, and working conditions required by section 218A
to all workers employed in the job opportunities for
which the employer has applied for an H-2A worker under
subsection (a) and to all other workers in the same
occupation at the place of employment.
``(D) Nondisplacement of united states workers.--
The employer did not displace and will not displace a
United States worker employed by the employer during
the period of employment and for a period of 30 days
preceding the period of employment in the occupation at
the place of employment for which the employer has
applied for an H-2A worker.
``(E) Requirements for placement of the
nonimmigrant with other employers.--The employer will
not place the nonimmigrant with another employer
unless--
``(i) the nonimmigrant performs duties in
whole or in part at 1 or more worksites owned,
operated, or controlled by such other employer;
``(ii) there are indicia of an employment
relationship between the nonimmigrant and such
other employer; and
``(iii) the employer has inquired of the
other employer as to whether, and has no actual
knowledge or notice that, during the period of
employment and for a period of 30 days
preceding the period of employment, the other
employer has displaced or intends to displace a
United States worker employed by the other
employer in the occupation at the place of
employment for which the employer seeks
approval to employ H-2A workers.
``(F) Statement of liability.--The application form
shall include a clear statement explaining the
liability under subparagraph (E) of an employer if the
other employer described in such subparagraph displaces
a United States worker as described in such
subparagraph.
``(G) Provision of insurance.--If the job
opportunity is not covered by the State workers'
compensation law, the employer will provide, at no cost
to the worker, insurance covering injury and disease
arising out of and in the course of the worker's
employment which will provide benefits at least equal
to those provided under the State's workers'
compensation law for comparable employment.
``(H) Employment of united states workers.--
``(i) Recruitment.--The employer has taken
or will take the following steps to recruit
United States workers for the job opportunities
for which the H-2A nonimmigrant is, or H-2A
nonimmigrants are, sought:
``(I) Contacting former workers.--
The employer shall make reasonable
efforts to mail a letter to, or
otherwise 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, by regulation,
shall provide a procedure for
acceptance and approval of applications
in which the employer has not complied
with the provisions of this clause
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--
``(I) applies and is equally or
better qualified for the job for which
the nonimmigrant is, or nonimmigrants
are, sought; and
``(II) 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 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 complaint.
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 if 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 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 not later than 7 days after the application
is filed.
``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 Comprehensive Immigration Reform Act
of 2011 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, 2011, 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 the
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, 2011, had been annually
adjusted, beginning on March 1, 2014, 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 the 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, 2012, the Comptroller General of the
United States shall submit a report to the Secretary of
Labor, the Committee on the Judiciary of the Senate,
and the Committee on the Judiciary of the House of
Representatives 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, 2012, 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--
``(A) is otherwise admissible under this section,
section 218, and section 218A; and
``(B) 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 worker 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 may be
construed to 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 may be
construed 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.--In 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--
``(I) whose period of authorized
status as an H-2A worker (including any
extensions) was for a period of not
more than 10 months; and
``(II) has been outside the United
States for at least 2 months during the
12-month period immediately preceding
the date on which the alien is
reapplying 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
Comprehensive Immigration Reform Act of 2011, 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.--In 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.--Not later than
30 days after the date on which a complaint is filed
under subparagraph (A), the Secretary of Labor shall
determine 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, not later than 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
regarding 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 a 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) Construction.--Nothing in this section may 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, section 218, or section 218A.
``(b) Rights Enforceable by Private Right of Action.--H-2A workers
may enforce, through the private right of action provided in subsection
(c), the following rights:
``(1) The provision 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 may 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 established under 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.
``In this section and in sections 218, 218A, 218B, and 218C:
``(1) Agricultural employment.--The term `agricultural
employment' means any service or activity that is considered to
be agricultural under section 3(f) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203(f)) or agricultural labor under
section 3121(g) of the Internal Revenue Code of 1986 or the
performance of agricultural labor or services described in
section 101(a)(15)(H)(ii)(a).
``(2) Bona fide union.--The term `bona fide union' means
any organization in which employees participate and which
exists for the purpose of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or other terms and conditions of work for
agricultural employees. Such term does not include an
organization formed, created, administered, supported,
dominated, financed, or controlled by an employer or employer
association or its agents or representatives.
``(3) Displace.--The term `displace', in the case of an
application with respect to 1 or more H-2A workers by an
employer, means laying off a United States worker from a job
for which H-2A workers are sought.
``(4) Eligible.--The term `eligible', when used with
respect to an individual, means an individual who is not an
unauthorized alien (as defined in section 274A).
``(5) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in agricultural
employment.
``(6) H-2A employer.--The term `H-2A employer' means an
employer who seeks to hire 1 or more nonimmigrant aliens
described in section 101(a)(15)(H)(ii)(a).
``(7) H-2A worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(8) Job opportunity.--The term `job opportunity' means a
job opening for temporary or seasonal full-time employment at a
place in the United States to which United States workers can
be referred.
``(9) Laying off.--
``(A) In general.--The term `laying off', with
respect to a worker--
``(i) means to cause the worker's loss of
employment, other than through a discharge for
inadequate performance, violation of workplace
rules, cause, voluntary departure, voluntary
retirement, contract impossibility (as
described in section 218A(b)(4)(D)), or
temporary suspension of employment due to
weather, markets, or other temporary
conditions; and
``(ii) does not include any situation in
which the worker is offered, as an alternative
to such loss of employment, a similar
employment opportunity with the same employer
(or, in the case of a placement of a worker
with another employer under section
218(b)(2)(E), with either employer described in
such section) at equivalent or higher
compensation and benefits than the position
from which the employee was discharged,
regardless of whether or not the employee
accepts the offer.
``(B) Statutory construction.--Nothing in this
paragraph is intended to limit an employee's rights
under a collective bargaining agreement or other
employment contract.
``(10) Regulatory drought.--The term `regulatory drought'
means a decision subsequent to the filing of the application
under section 218 by an entity not under the control of the
employer making such filing which restricts the employer's
access to water for irrigation purposes and reduces or limits
the employer's ability to produce an agricultural commodity,
thereby reducing the need for labor.
``(11) Seasonal.--Labor is performed on a `seasonal' basis
if--
``(A) ordinarily, it pertains to or is of the kind
exclusively performed at certain seasons or periods of
the year; and
``(B) from its nature, it may not be continuous or
carried on throughout the year.
``(12) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(13) Temporary.--A worker is employed on a `temporary'
basis where the employment is intended not to exceed 10 months.
``(14) United states worker.--The term `United States
worker' means any worker, whether a national of the United
States, an alien lawfully admitted for permanent residence, or
any other alien, who is authorized to work in the job
opportunity within the United States, except an alien admitted
or otherwise provided status under section
101(a)(15)(H)(ii)(a).''.
(b) Table of Contents.--The table of contents of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the
item relating to section 218 and inserting the following:
``Sec. 218. H-2A employer applications.
``Sec. 218A. H-2A employment requirements.
``Sec. 218B. Procedure for admission and extension of stay of H-2A
workers.
``Sec. 218C. Worker protections and labor standards enforcement.
``Sec. 218D. Definitions.''.
PART VI--FAMILY UNITY REFORMS
SEC. 161. PROMOTING FAMILY UNITY.
(a) Unlawfully Present Aliens.--Section 212(a)(9) (8 U.S.C.
1182(a)(9)) is amended by striking subparagraphs (B) and (C) and
inserting the following:
``(B) Aliens unlawfully present.--
``(i) In general.--Subject to clause (iii),
any alien (other than an alien lawfully
admitted for permanent residence) who has been
unlawfully present in the United States for 1
year or more is inadmissible until such time as
the alien departs or is removed and remains
outside of the United States for a period of 3
consecutive years.
``(ii) Construction of unlawful presence.--
For purposes of this paragraph, an alien is
deemed to be unlawfully present in the United
States if the alien is present in the United
States after the expiration of the period of
stay authorized by the Secretary or is present
in the United States without being admitted or
paroled.
``(iii) Exceptions.--
``(I) Minors.--No period of time in
which an alien is under 21 years of age
shall be taken into account in
determining the period of unlawful
presence in the United States under
clause (i).
``(II) Asylees.--No period of time
in which an alien has a bona fide
application for asylum pending under
section shall be taken into account in
determining the period of unlawful
presence in the United States under
clause (i) unless the alien during such
period was employed without
authorization in the United States.
``(III) Family unity.--No period of
time in which the alien is a
beneficiary of family unity protection
pursuant to section of the Immigration
Act of 1990 shall be taken into account
in determining the period of unlawful
presence in the United States under
clause (I).
``(IV) Battered women and
children.--Clause (i) shall not apply
to an alien who would be described in
paragraph (6)(A)(ii) if `violation of
the terms of the alien's nonimmigrant
visa' were substituted for `unlawful
entry into the United States' in
subclause (III) of that paragraph.
``(V) Trafficking victims.--Clause
(i) shall not apply to an alien who
demonstrates that the severe form of
trafficking (as that term is defined in
section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C.
7102)) was at least 1 central reason
for the alien's unlawful presence in
the United States.
``(VI) Immigrant visas.--Clause (i)
shall not apply to an alien for whom an
immigrant visa is available or was
available on or before the date of the
enactment of the Comprehensive
Immigration Reform Act of 2011, and is
otherwise admissible to the United
States for permanent residence.
``(VII) Prior unlawful presence.--
Any unlawful presence accrued by an
alien as of the date of enactment of
the Comprehensive Immigration Reform
Act of 2011 shall not be considered
unlawful presence for the purpose of
the subparagraph if such alien was as
of the date of enactment of the
Comprehensive Immigration Reform Act of
2011--
``(aa) the beneficiary of a
pending or approved petition
for classification as an
immediate relative (as
described in section
201(b)(2));
``(bb) the beneficiary of a
pending or approved petition
under section 203(a) or (b); or
``(cc) a derivative
beneficiary of a pending or
approved petition for
classification as an immediate
relative or under section
203(a) or (b).
``(iv) Tolling for good cause.--In the case
of an alien who--
``(I) has been lawfully admitted or
paroled into the United States;
``(II) has filed a nonfrivolous
application for a change or extension
of status before the date of expiration
of the period of stay authorized by the
Secretary; and
``(III) has not been employed
without authorization in the United
States before or during the pendency of
such application, the calculation of
the period of time specified in clause
(i)(I) shall be tolled during the
pendency of such application, but not
to exceed 120 days.
``(v) Waiver.--The Secretary may waive the
applicability of clause (i) for an immigrant
who is the spouse, son, daughter, or parent of
a United States citizen or of an alien lawfully
admitted for permanent residence if the
Secretary determines that--
``(I) the refusal of admission to
such immigrant alien would result in
hardship to the alien or to the citizen
or lawfully resident spouse, son,
daughter, or parent of such alien;
``(II) a waiver is necessary for
humanitarian purposes or the public
interest or to ensure family unity in
the case of an alien who is eligible
for an immigrant visa under section 201
or 203; or
``(III) the alien should be
permitted to depart the United States
voluntarily pursuant to section
240B(a)(1).''.
(b) False Claims and Misrepresentations.--Title II (8 U.S.C. 1151
et seq.) is amended--
(1) in section 212 (8 U.S.C. 1182)--
(A) in subsection (a)(6)(C)--
(i) in clause (ii), by inserting ``and
willfully'' after ``falsely'' each place such
term appears; and
(ii) in clause (iii), by striking ``of
clause (i)''; and
(B) in subsection (i), by amending paragraph (1) to
read as follows:
``(1) The Attorney General or the Secretary of Homeland
Security may, in the discretion of the Attorney General or the
Secretary, waive the application of subsection (a)(6)(C) if it
is established to the satisfaction of the Attorney General or
the Secretary that the refusal of admission to the United
States would--
``(A) result in extreme hardship to the alien or,
in the case of an immigrant who is the parent, spouse,
son, or daughter of a United States citizen or of an
alien lawfully admitted for permanent residence, to the
citizen or lawfully resident parent, spouse, son, or
daughter; or
``(B) in the case of a VAWA self-petitioner, result
in significant hardship to the alien or the alien's
United States citizen, lawful permanent resident, or
qualified alien parent or child.''; and
(2) in section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)), by
inserting ``and willfully'' after ``falsely'' each place such
term appears.
SEC. 162. EFFECTIVE LEGALIZATION PROGRAM FUNDING.
(a) Department of Homeland Security Legalization Program Account.--
(1) Establishment.--There is established in the General
Fund of the Treasury a separate account, which shall be known
as the ``Department of Homeland Security Legalization Program
Account''.
(2) Source of funds.--The Secretary of the Treasury shall
immediately transfer such sums as the Secretary of Homeland
Security determines to be necessary from the General Fund of
the Treasury to the Department of Homeland Security
Legalization Program Account.
(3) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated, for the purposes described in
subparagraph (B), such sums as are transferred pursuant
to paragraph (2), which shall remain available for
obligation during the 10-year period beginning on the
date of the enactment of this Act.
(B) Use of funds.--Amounts appropriated pursuant to
subparagraph (A) may be used by the Secretary to
implement and operate the legalization programs and
activities described in this subtitle, including--
(i) infrastructure, staffing, and
adjudication activities;
(ii) outreach activities;
(iii) grants to community and faith-based
organizations; and
(iv) anti-fraud programs and actions
relating to such legalization programs.
(4) Report.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, and annually
thereafter, the Secretary shall provide a plan to the
congressional committees set forth in subparagraph (B)
that describes how funds made available under paragraph
(3) will be expended, including--
(i) 1-time and on-going costs;
(ii) the level of funding for each program,
project, and activity, including whether such
funding will supplement a program, project, or
activity receiving Federal funding otherwise
appropriated; and
(iii) the amount of funding to be obligated
in each fiscal year, by program, project, and
activity.
(B) Congressional committees.--The congressional
committees set forth in the subparagraph are--
(i) the Committee on the Judiciary of the
Senate;
(ii) the Committee on Appropriations of the
Senate;
(iii) the Committee on the Judiciary of the
House of Representatives; and
(iv) the Committee on Appropriations of the
House of Representatives.
(b) Department of State Legalization Program Account.--
(1) Establishment.--There is established in the General
Fund of the Treasury a separate account, which shall be known
as the ``Department of State Legalization Program Account''.
(2) Source of funds.--The Secretary of the Treasury shall
immediately transfer such sums as the Secretary of State
determines to be necessary from the General Fund of the
Treasury to the Department of State Legalization Program
Account.
(3) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated, for the purposes described in
subparagraph (B), such sums as are transferred pursuant
to paragraph (2), which shall remain available for
obligation during the 10-year period beginning on the
date of the enactment of this Act.
(B) Use of funds.--Amounts appropriated pursuant to
subparagraph (A) may be used by the Secretary of State
to implement and operate the legalization programs and
activities described in this subtitle, including--
(i) infrastructure, staffing, and
adjudication activities;
(ii) outreach activities; and
(iii) anti-fraud programs and actions
relating to such legalization programs.
(4) Report.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Secretary
of State shall provide a plan to the congressional committees
set forth in subsection (a)(4)(B) that describes how funds made
available under paragraph (3) will be expended, including--
(A) 1-time and on-going costs;
(B) the level of funding for each program, project,
and activity, including whether such funding will
supplement a program, project, or activity receiving
Federal funding otherwise appropriated; and
(C) the amount of funding to be obligated in each
fiscal year, by program, project, and activity.
(c) Immigration Reform Penalty Account.--
(1) Establishment.--There is established in the General
Fund of the Treasury a separate account, which shall be known
as the ``Immigration Reform Penalty Account''.
(2) Source of funds.--Notwithstanding any other provision
of this Act, there shall be deposited into the Immigration
Reform Penalty Account all civil penalties collected under
section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) and this subtitle, except as specifically provided
otherwise in this subtitle.
(3) Use of funds.--Amounts deposited into the Immigration
Reform Penalty Account shall remain available to the Secretary
until expended in the following priority order:
(A) Any costs incurred in implementing and
operating the immigration services programs described
in this subtitle that are not otherwise paid for with--
(i) funds from the Department of Homeland
Security Legalization Program Account; or
(ii) processing fees described in section
111(c)(4)(A).
(B) Any amount remaining in the account after the
costs described in subparagraph (A) have been paid for
shall be deposited into the General Fund of the
Treasury to the extent necessary to reimburse the
General Fund for funds transferred to the Department of
Homeland Security Legalization Program Account under
subsection (a)(2).
(C) Of the amount, if any, remaining in the account
after the reimbursement described in subparagraph (B)--
(i) \1/3\ shall be allocated to the
Secretary to carry out investigation and
prevention of fraud in--
(I) the legalization programs
established under this subtitle; and
(II) the employment verification
programs established under subtitle B;
(ii) \1/3\ shall be allocated to the
Secretary for immigrant integration programs,
including English-language and United States
civics instruction;
(iii) \1/6\ shall be allocated to the
Secretary for immigration services; and
(iv) \1/6\ shall be allocated to the
Secretary for immigration enforcement.
(d) Construction.--Nothing in this section may be construed to
modify or limit any authority to collect and use immigration fees under
this Act, section 286 of the Immigration and Nationality Act (8 U.S.C.
1356), or any other law.
Subtitle B--Worksite Enforcement
SEC. 171. UNLAWFUL EMPLOYMENT OF ALIENS.
(a) Section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended to read as follows:
``SEC. 274A. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED ALIENS.
``(a) In General.--
``(1) In general.--It is unlawful for an employer--
``(A) to hire an alien for employment in the United
States knowing or with reckless disregard that the
alien is an unauthorized alien with respect to such
employment; or
``(B) to hire for employment in the United States
an individual without complying with the requirements
under subsections (c) and (d).
``(2) Continuing employment.--It is unlawful for an
employer, after hiring an alien for employment, to continue to
employ the alien in the United States knowing or with reckless
disregard that the alien is, or has become, an unauthorized
alien with respect to such employment. Nothing in this section
may be construed to prohibit or to require the employment of an
authorized employee who was previously unauthorized.
``(3) Use of labor through contract.--
``(A) In general.--Any person or entity who uses a
contract, subcontract, or exchange to obtain the labor
of an alien in the United States knowing or with
reckless disregard that the alien is an unauthorized
alien with respect to performing such labor, shall be
deemed to have hired the alien for employment in the
United States in violation of subparagraph (a)(1)(A).
``(B) Contract requirement.--For purposes of
ensuring compliance with Federal immigration law, the
Secretary may require by regulation that a person or
entity include in a written contract or subcontract an
effective and enforceable requirement that the
contractor or subcontractor adhere to the immigration
laws, including the use of an employment verification
system (referred to in this section as the `System').
``(C) Confirmation procedures.--The Secretary may
establish procedures by which a person or entity may
obtain confirmation from the Secretary that the
contractor or subcontractor has registered with the
System and is utilizing the System to verify its
employees.
``(D) Other requirements.--The Secretary may
establish such other requirements for persons or
entities using contractors or subcontractors, including
procedures adapted to different employment sectors, as
the Secretary deems necessary to prevent knowing
violations of this paragraph.
``(4) Defense.--
``(A) In general.--Subject to subparagraphs (B) and
(C), an employer that establishes that it has complied
in good faith with the requirements under paragraphs
(1) through (4) of subsection (c) (pertaining to
document verification requirements) and subsection (d)
(pertaining to the use of the System) has established
an affirmative defense that the employer has not
violated subsection (a)(1)(A) with respect to such
hiring until such time as the Secretary has required an
employer to participate in the System.
``(B) Voluntary participation.--If an employer is
participating on a voluntary basis pursuant to
subsection (d), a defense may be established under this
paragraph without a showing of compliance with
subsection (d).
``(C) Additional requirements.--To establish a
defense under this paragraph, the employer shall also
be in compliance with any additional requirements that
the Secretary may promulgate by regulation pursuant to
subsections (c) and (d).
``(5) Presumption.--An employer is presumed to have acted
with knowledge or reckless disregard if the employer fails to
comply with written standards, procedures, or instructions
issued by the Secretary.
``(b) Definitions.--In this section:
``(1) Employer.--The term `employer'--
``(A) means any person or entity hiring an
individual for employment in the United States,
including--
``(i) any person or entity who is an agent
acting on behalf of an employer; and
``(ii) entities in any branch of the
Federal Government; and
``(B) does not include a person or entity with
fewer than 5 full- or part-time employees, for purposes
of any requirement to participate in the System under
subsection (d), except as it relates to subsection
(d)(2)(H).
``(2) Unauthorized alien.--The term `unauthorized alien'
means, with respect to the employment of an alien at a
particular time, that the alien is not--
``(A) an alien lawfully admitted for permanent
residence; or
``(B) authorized to be so employed under this Act
or by the Secretary.
``(c) Document Verification Requirements.--Any employer hiring an
individual for employment in the United States shall take the following
steps, and those provided in subsection (d), to verify that the
individual is authorized to work in the United States:
``(1) Attestation after examination of documentation.--
``(A) In general.--The employer shall attest, under
penalty of perjury and on a form prescribed by the
Secretary, that it has verified the identity and
employment authorization status of the individual by
examining--
``(i) a document described in subparagraph
(B); or
``(ii) a document described in subparagraph
(C) and a document described in subparagraph
(D).
The form prescribed by the Secretary may be electronic
or on paper, and may be integrated electronically with
the requirements under subsection (d), if the Secretary
determines that combining the requirements in (c) and
(d) would improve efficiency of the verification
requirements. Such attestation may be manifested by
either a handwritten or digital signature. An employer
has complied with the requirements of this paragraph
with respect to examination of documentation if the
employer has followed applicable regulations and any
written procedures or instructions provided by the
Secretary, and if a reasonable person would conclude
that the documentation is genuine and relates to the
individual presenting it, taking into account any
information provided to the employer by the Secretary,
including photographs and other biometric information.
``(B) Documents establishing both employment
authorization and identity.--A document described in
this subparagraph is an individual's--
``(i) United States passport or passport
card issued pursuant to the Secretary of
State's authority under section 211a of title
22, United States Code;
``(ii) permanent resident card or other
document issued to aliens authorized to work in
the United States, as designated by the
Secretary, if the document--
``(I) contains a photograph of the
individual, other biometric data such
as fingerprints, or such other personal
identifying information relating to the
individual as the Secretary finds, by
regulation, sufficient for the purposes
of this subsection;
``(II) is evidence of authorization
for employment in the United States;
and
``(III) contains security features
to make it resistant to tampering,
counterfeiting, and fraudulent use;
``(iii) enhanced driver's license, enhanced
identification card, or enhanced tribal card
issued to a citizen of the United States,
provided that the Secretary has certified by
notice published in the Federal Register that
such enhanced document is suitable for use
under this subparagraph based upon the accuracy
and security of the issuance process, security
features on the document, and such other
factors as the Secretary may determine; or
``(iv) a passport issued by the Federated
States of Micronesia (FSM) or the Republic of
the Marshall Islands (RMI) with evidence of
nonimmigrant admission to the United States
under the Compact of Free Association between
the United States and the FSM or the RMI.
``(C) Documents establishing identity of
individual.--A document described in this subparagraph
includes--
``(i) an individual's driver's license or
identity card issued by a State or an outlying
possession of the United States, a Federally
recognized Indian tribe, or an agency
(including military) of the Federal government
if the driver's license or identity card
includes, at a minimum,--
``(I) the individual's photograph,
name, date of birth, gender, and
driver's license or identification card
number, and
``(II) security features to make it
resistant to tampering, counterfeiting,
and fraudulent use, or
``(ii) for individuals under 18 years of
age who are unable to present a document listed
in clause (i), documentation of personal
identity of such other type as the Secretary
finds provides a reliable means of
identification, which may include an
attestation as to the individual's identity by
a person 21 years of age or older under penalty
of perjury.
``(D) Documents evidencing employment
authorization.--All documents shall be unexpired. The
following documents may be accepted as evidence of
employment authorization--
``(i) a Social Security account number card
issued by the Commissioner of Social Security
(referred to in this section as the
`Commissioner') other than a card which
specifies on its face that the card is not
valid for employment in the United States or
has other similar words of limitation. The
Secretary, in consultation with the
Commissioner, may require by publication of a
notice in the Federal Register that only a
Social Security account number card described
in section 173 of the CIR Act of 2011 be
accepted for this purpose; or
``(ii) any other documentation evidencing
authorization of employment in the United
States which the Secretary determines, by
notice published in the Federal Register, to be
acceptable for purposes of this section,
provided that the document, including any
electronic security measures linked to the
document, contains security features to make it
resistant to tampering, counterfeiting, and
fraudulent use.
``(E) Authority to prohibit use of certain
documents.--If the Secretary finds that any document or
class of documents described in subparagraph (B), (C),
or (D) does not reliably establish employment
authorization or identity or is being used fraudulently
to an unacceptable degree, the Secretary may prohibit
or restrict the use of that document or class of
documents for purposes of this subsection.
``(2) Individual attestation of employment authorization.--
The individual shall attest, under penalty of perjury in the
form prescribed by the Secretary, that the individual is a
citizen or national of the United States, an alien lawfully
admitted for permanent residence, or an alien who is authorized
under this Act or by the Secretary to be hired for such
employment. Such attestation may be manifested by either a
hand-written or digital signature. The individual shall also
provide any Social Security Account Number issued to the
individual on such form.
``(3) Retention of verification record.--After completion
of such form in accordance with paragraphs (1) and (2), the
employer shall retain a paper, microfiche, microfilm, or
electronic version of the form, according to such standards as
the Secretary may provide, and make it available for inspection
by officers or employees of the Department of Homeland Security
(or persons designated by the Secretary), the Special Counsel
for Immigration-Related Unfair Employment Practices, or the
Department of Labor during a period beginning on the date of
the hiring of the individual and ending 7 years after such date
of hiring, or 2 years after the date the individual's
employment is terminated, whichever is later.
``(4) Copying of documentation and recordkeeping
required.--
``(A) Notwithstanding any other provision of law,
the employer shall copy all documents presented by an
individual pursuant to this subsection and shall retain
a paper, microfiche, microfilm, or electronic copy, but
only (except as otherwise permitted under law) for the
purposes of complying with the requirements of this
section and section 274B. Such copies may be required
to reflect the signatures of the employer and the
employee, as well as the date of receipt. The Secretary
may authorize or require an alternative method of
storing and authenticating the employee's documentation
information if the Secretary determines that such
alternative method is more secure or efficient.
``(B) The employer shall maintain records of all
actions and copies of any correspondence or action
taken by the employer to clarify or resolve any issue
as to the validity of the individual's identity or
employment authorization.
``(C) The employer shall maintain the records
described in this paragraph for any employee for the
period of time required by paragraph (3) for retention
of that employee's verification form. The Secretary may
prescribe the manner of recordkeeping and may require
that additional records be kept or that additional
documents be copied and maintained. The Secretary in
furtherance of an investigation based on reasonable
suspicion of a violation of this act, may require that
these documents be transmitted electronically for
purposes of authorized inspections or other enforcement
actions, and may develop automated capabilities to
request such documents.
``(D) An employer shall safeguard any information
retained under this paragraph and paragraph (3) and
protect any means of access to such information to
ensure that such information is not used for any
purpose other than as authorized in this paragraph or
paragraph (3) or to determine the identity and
employment eligibility of the individual, and to
protect the confidentiality of such information,
including ensuring that such information is not
provided to any person other than a person who carries
out the employer's responsibilities under this
subsection, except as provided in paragraph (3).
``(5) Penalties.--An employer that fails to comply with any
requirement of this subsection shall be penalized under
subsection (e)(4)(B).
``(6) Protection of civil rights.--
``(A) Nothing in this section shall be construed to
prohibit any reasonable accommodation necessary to
protect the religious freedom of any individual, or to
ensure access to employment opportunities of any
disabled individual.
``(B) The employer shall use the procedures for
document verification set forth in this paragraph for
all employees without regard to race, sex, national
origin, or, unless specifically permitted in this
section, to citizenship status.
``(7) Receipts.--The Secretary shall provide for the use of
receipts for replacement documents, and temporary evidence of
employment authorization by an individual to meet a
documentation requirement of this subsection on a temporary
basis not to exceed 1 year, pending satisfaction by the
individual of such requirement.
``(d) Employment Verification System.--
``(1) In general.--
``(A) The Secretary, in consultation with the
Commissioner, shall implement and specify the
procedures for the System. The participating employers
shall timely register with the System and shall use the
System as described in subsection (d)(5).
``(B) The Secretary shall create the necessary
processes to monitor the functioning of the System,
including the volume of the workflow, the speed of
processing of queries, the speed and accuracy of
responses, misuse of the System, fraud or identity
theft, whether use of the System results in wrongful
adverse actions or discrimination based upon a
prohibited factor against U.S. citizens or employment
authorized aliens, and the security, integrity and
privacy of the program.
``(2) Implementation schedule.--
``(A) Federal government.--All employers within the
Executive, Legislative, or Judicial Branches of the
Federal Government shall participate in the System on
or after the date of enactment of this subsection as
follows--
``(i) as of the date of enactment, to the
extent required by section 402(e)(1) of the
Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 as already
implemented by each Branch; or
``(ii) on or after the date that is 60 days
after the date of enactment of this subsection,
whichever is earlier, with respect to all newly hired
employees and employees with expiring employment
authorization.
``(B) Federal contractors.--Federal contractors
shall participate in the System as provided in the
final rule published at 73 Federal Register 67,651
(Nov. 14, 2008), or any subsequent amendments to such
rule, for which purpose references to E-Verify in the
final rule shall be construed to apply to the System.
``(C) Critical infrastructure.--As of the date that
is 1 year after the end of the application period for
lawful protective status under section 111(c)(1)(B) of
the Comprehensive Immigration Reform Act of 2011, the
Secretary, in the Secretary's discretion, with notice
to the public provided in the Federal Register, may
require any employer or industry which the Secretary
determines to be part of the critical infrastructure or
directly related to the national security or homeland
security of the United States to participate in the
System with respect to all newly hired employees and
employees with expiring employment authorization. The
Secretary shall notify employers subject to this
subparagraph no less than 60 days prior to such
required participation.
``(D) Employers with more than 1,000 employees.--
Not later than 2 years after the end of the application
period for lawful protective status under section
111(c)(1)(B), all employers with more than 1,000
employees shall participate in the System with respect
to all newly hired employees and employees with
expiring employment authorization.
``(E) Employers with more than 500 employees.--Not
later than 3 years after the end of the application
period for lawful protective status under section
111(c)(1)(B), all employers with more than 500
employees shall participate in the System with respect
to all newly hired employees and employees with
expiring employment authorization.
``(F) Employers with more than 100 employees.--Not
later than 4 years after the end of the application
period for lawful protective status under section
111(c)(1)(B), all employers with more than 100
employees shall participate in the System with respect
to all newly hired employees and employees with
expiring employment authorization.
``(G) All employers.--Not later than 5 years after
the end of the application period for lawful protective
status under section 111(c)(1)(B), all employers shall
participate in the System with respect to all newly
hired employees and employees with expiring employment
authorization.
``(H) Waiver.--
``(i) Authorization.--The Secretary of
Homeland Security may waive or delay the
participation requirements under this paragraph
with respect to any employer or class of
employers if the Secretary provides notice to
Congress of such waiver before the date on
which such waiver is granted.
``(ii) Requirement.--The Secretary of
Homeland Security shall waive or delay the
participation requirements under this paragraph
with respect to any employer or class of
employers--
``(I) until the date on which the
Comptroller General of the United
States submits the initial
certification under paragraph (10)(E);
and
``(II) during any year in which the
Comptroller General fails to submit a
certification under such paragraph.
``(I) Immigration law violators.--An order finding
any employer to have violated section 274A, 274B, or
274C shall require the employer to participate in the
System with respect to newly hired employees and
employees with expiring employment authorization, if
such employer is not otherwise required to participate
in the System by this section. The Secretary shall
monitor such employer's compliance with System
procedures.
``(3) Participation in the system.--The Secretary may--
``(A) permit any employer that is not required
under this section to participate in the System to do
so on a voluntary basis; and
``(B) require any employer that is required to
participate in the System with respect to its newly
hired employees also to do so with respect to its
current workforce if the employer is determined by the
Secretary or other appropriate authority to have
engaged in any violation of the immigration laws.
``(4) Consequence of failure to participate.--If an
employer is required under this subsection to participate in
the System and fails to comply with the requirements of such
program with respect to an individual--
``(A) such failure shall be treated as a violation
of subsection (a)(1)(B) with respect to that
individual, and
``(B) a rebuttable presumption is created that the
employer has violated paragraph (1)(A) or (2) of
subsection (a), except in the case of any criminal
prosecution.
``(5) Procedures for participants in the system.--
``(A) In general.--An employer participating in the
System shall register such participation with the
Secretary and conform to the following procedures in
the event of hiring any individual for employment in
the United States--
``(i) Registration of employers.--The
Secretary, through notice in the Federal
Register, shall prescribe procedures that
employers shall follow to register with the
System. In prescribing these procedures, the
Secretary shall have authority to require
employers to provide--
``(I) employer's name;
``(II) employer's Employment
Identification Number (EIN) and such
other employer identification
information as the Secretary may
designate;
``(III) company address;
``(IV) name, date of birth, and
position of the employer's employees
accessing the System;
``(V) the information described in
subclauses (I) through (IV) of this
clause with respect to any agent,
contractor, or other service provider
accessing the System on the employer's
behalf; and
``(VI) such other information as
the Secretary deems necessary to ensure
proper use and security of the System.
``(ii) Updating information.--The employer
is responsible for providing notice of any
change to the information required under
subclauses (I) through (V) of clause (i) before
conducting any further inquiries within the
System, or on such other schedule as the
Secretary may provide.
``(iii) Training.--The Secretary shall
require employers to undergo such training to
ensure proper use, protection of civil rights
and civil liberties, privacy, integrity and
security of the System. To the extent
practicable, such training shall be made
available electronically.
``(iv) Notification to employees.--The
employer shall post notice or otherwise inform
individuals hired for employment of the use of
the System, that the System may be used for
immigration enforcement purposes, and that the
System cannot be used to discriminate or to
take adverse action against U.S. citizens or
employment authorized aliens.
``(v) Provision of additional
information.--The employer shall obtain from
the individual (and the individual shall
provide) and shall record in such manner as the
Secretary may specify--
``(I) the individual's Social
Security account number, or any other
information relevant to determining
citizenship as the Secretary of
Homeland Security may specify,
``(II) if the individual does not
attest to United States nationality
under subsection (c)(2), such
identification or authorization number
established by the Department of
Homeland Security as the Secretary of
Homeland Security shall specify, and
``(III) such other information as
the Secretary may require to determine
the identity and employment
authorization of an employee.
``(vi) Presentation of documentation.--The
employer, and the individual whose identity and
employment eligibility are being confirmed,
shall fulfill the requirements of subsection
(c).
``(B) Seeking confirmation.--
``(i) The employer shall use the System to
provide to the Secretary all required
information in order to initiate confirmation
of the identity and employment eligibility of
any individual no earlier than the date upon
which the individual has accepted an offer of
employment, and no later than 3 business days,
or such other reasonable period as the
Secretary may provide, after the date when
employment begins. An employer may not,
however, make the starting date of an
individual's employment or training or any
other term and condition of employment
dependent on the receipt of a confirmation of
identity and employment eligibility.
``(ii) For reverification of an individual
with a limited period of employment
authorization, all required System procedures
shall be initiated no later than 3 business
days after the date the individual's employment
authorization expires.
``(iii) For those employers required by the
Secretary to verify their entire workforce, the
System can be used for initial verification of
an individual hired before the employer is
subject to the System, and the employer shall
initiate all required procedures on or before
such date as the Secretary shall specify.
``(iv) The Secretary shall provide, and the
employer shall utilize, as part of the System,
a method of notifying employers of a
confirmation or nonconfirmation of an
individual's identity and employment
eligibility, or a notice that further action is
required to verify such identity or employment
eligibility (`further action notice'). The
Secretary and the Commissioner shall establish
procedures to directly notify the individual,
as well as the employer, of a confirmation,
nonconfirmation, or further action notice, and
provide information about filing an
administrative appeal pursuant to paragraph
(7). The Secretary and the Commissioner may
provide for a phased-in implementation of the
notification requirements of this clause as
appropriate, but the notification system shall
cover all inquiries not later than 5 years
after the date of the enactment of the CIR Act
of 2011.
``(C) Confirmation or nonconfirmation.--
``(i) Initial response.--The System shall
provide a confirmation of an individual's
identity and employment eligibility or a
further action notice at the time of the
inquiry, unless for technological reasons or
due to unforeseen circumstances, the System is
unable to provide such confirmation or further
action notice. In such situations, the System
shall provide a confirmation or further action
notice within 3 business days of the initial
inquiry. If providing a confirmation or further
action notice, the System shall provide an
appropriate code indicating such confirmation
or such further action notice.
``(ii) Confirmation upon initial inquiry.--
When the employer receives an appropriate
confirmation of an individual's identity and
employment eligibility under the System, the
employer shall record the confirmation in such
manner as the Secretary may specify.
``(iii) Further action notice and later
confirmation or nonconfirmation.--
``(I) Notification and
acknowledgment that further action is
required.--Not later than 3 business
days after an employer's receipt of a
further action notice of an
individual's identity or employment
eligibility under the System, the
employer shall notify the individual
for whom the confirmation is sought of
the further action notice and any
procedures specified by the Secretary
for addressing such notice. The further
action notice shall be given to the
individual in writing. The individual
shall affirmatively acknowledge in
writing, or in such other manner as the
Secretary may specify, the receipt of
the further action notice from the
employer. If the individual refuses to
acknowledge the receipt of the further
action notice, or acknowledges in
writing that he or she will not contest
the further action notice under
subclause (II), the employer shall
notify the Secretary in such manner as
the Secretary may specify.
``(II) Contest.--Not later than 15
business days after receiving
notification of a further action notice
under subclause (I), the individual
shall contact the appropriate Federal
agency and, if the Secretary so
requires, appear in person for purposes
of verifying the individual's identity
and employment eligibility. The
employer shall provide the individual
with time as needed during daytime
hours to contest the further action
notice. The Secretary, in consultation
with the Commissioner and other
appropriate Federal agencies, shall
specify an available secondary
verification procedure to confirm the
validity of information provided and to
provide a confirmation or
nonconfirmation.
``(III) No contest.--If the
individual refuses to acknowledge
receipt of the further action notice,
acknowledges that he or she will not
contest the further action notice as
provided in subclause (I), or does not
contact the appropriate Federal agency
within the period specified in
subclause (II), a nonconfirmation shall
issue. The employer shall record the
nonconfirmation in such manner as the
Secretary may specify and terminate the
individual's employment. An
individual's failure to contest a
further action notice shall not be
considered an admission of guilt with
respect to any violation of this
section or any provision of law.
``(IV) Confirmation or
nonconfirmation.--Unless the period is
extended in accordance with this
subclause, the System shall provide a
confirmation or nonconfirmation within
15 business days from the date that the
individual contests the further action
notice under subclause (II). If the
Secretary determines that good cause
exists, including to permit the
individual to obtain and provide needed
evidence of identity or employment
eligibility, the Secretary shall extend
the period for providing confirmation
or nonconfirmation for stated periods
beyond 15 business days. When
confirmation or nonconfirmation is
provided, the confirmation system shall
provide an appropriate code indicating
such confirmation or nonconfirmation.
``(V) Re-examination.--Nothing in
this section shall prevent the
Secretary from establishing procedures
to reexamine a case where a
confirmation or nonconfirmation has
been provided if subsequently received
information indicates that the
confirmation or nonconfirmation may not
have been correct.
``(VI) Employee protections.--In no
case shall an employer terminate
employment or take any other adverse
action against an individual solely
because of a failure of the individual
to have identity and employment
eligibility confirmed under this
subsection until a nonconfirmation has
been issued, and if the further action
notice was contested, the period to
timely file an administrative appeal
has expired without an appeal, or in
the case where an administrative appeal
or an action for judicial review has
been filed, or the stay of the
nonconfirmation has been terminated.
``(iv) Notice of nonconfirmation.--Not
later than 3 business days after an employer's
receipt of a nonconfirmation, the employer
shall notify the individual who is the subject
of the nonconfirmation, and provide information
about filing an administrative appeal pursuant
to paragraph (7). The nonconfirmation notice
shall be given to the individual in writing.
The individual shall affirmatively acknowledge
in writing, or in such other manner as the
Secretary may specify, the receipt of the
nonconfirmation notice from the employer. If
the individual refuses or fails to acknowledge
the receipt of the nonconfirmation notice, the
employer shall notify the Secretary in such
manner as the Secretary may specify.
``(D) Consequences of nonconfirmation.--
``(i) Termination of continued
employment.--Except as provided in clause
(iii), if the employer has received a
nonconfirmation regarding an individual and has
notified the individual as required by
subparagraph (C)(iv), the employer shall
terminate employment of the individual upon the
expiration of the time period as specified in
paragraph (7)(A) for filing an administrative
appeal, or immediately if the further action
notice was not contested.
``(ii) Continued employment after
nonconfirmation.--If the employer, in violation
of clause (i), continues to employ an
individual after receiving nonconfirmation, a
rebuttable presumption is created that the
employer has violated subsections (a)(1)(A) and
(a)(2) of this section. The previous sentence
shall not apply in any prosecution under
subsection (l)(1) of this section.
``(iii) Effect of administrative appeal and
judicial review.--If an individual files an
administrative appeal of the nonconfirmation
within the time period specified in paragraph
(7)(A) and provides a copy of such appeal to
the employer, the employer shall not terminate
the individual's employment under this
subparagraph prior to the resolution of the
administrative appeal or an action for judicial
review under paragraph (8)(A) unless the
Secretary or Commissioner terminates the stay
under paragraph (7)(B).
``(E) Obligation to respond to queries and
additional information.--
``(i) Employers are required to comply with
requests for information from the Secretary,
including queries concerning current and former
employees (within the time frame during which
records are required to be maintained under
this section regarding such former employees)
that relate to the functioning of the System,
the accuracy of the responses provided by the
System, and any suspected misuse,
discrimination, fraud, or identity theft in the
use of the System. Failure to comply with such
a request is a violation of section (a)(1)(B).
``(ii) Individuals being verified through
the System may be required to take further
action to address irregularities identified by
the Secretary or the Commissioner in the
documents relied upon for purposes of
subsection (c). The employer shall communicate
to the individual within 3 business days any
such requirement for further actions and shall
record the date and manner of such
communication. The individual shall acknowledge
in writing, or in such other manner as the
Secretary may specify, the receipt of this
communication from the employer. Failure to
communicate such a requirement is a violation
of section (a)(1)(B).
``(iii) The Secretary is authorized, with
notice to the public provided in the Federal
Register, to implement, clarify, and supplement
the requirements of this paragraph in order to
facilitate the functioning, accuracy, and
fairness of the System or to prevent misuse,
discrimination, fraud, or identity theft in the
use of the System.
``(F) The Secretary may establish a process to
certify, on an annual basis or such other time frame as
the Secretary may provide, designated agents and other
System service providers seeking access to the System
to perform verification queries on behalf of employers,
based upon training, usage, and security standards
designated by the Secretary.
``(G) No later than 3 months after the date of the
enactment of this section, the Secretary of Homeland
Security, in consultation with the Secretary of Labor,
the Secretary of Agriculture, the Commissioner of
Social Security, the Attorney General, the Equal
Employment Opportunity Commission, Office of Special
Counsel for Unfair Immigration Related Employment
Practices, and the Administrator of the Small Business
Administration, shall commence a campaign to
disseminate information respecting the procedures,
rights, and remedies prescribed under this section.
Such campaign shall be aimed at increasing the
knowledge of employers, employees, and the general
public concerning employer and employee rights,
responsibilities, and remedies under this section. The
Secretary shall assess the success of the campaign in
achieving its goals.
``(i) In order to carry out and assess the
campaign under this paragraph, the Secretary of
Homeland Security may, to the extent deemed
appropriate and subject to the availability of
appropriations, contract with public and
private organizations for outreach and
assessment activities under the campaign.
``(ii) There are authorized to be
appropriated to carry out this paragraph
$40,000,000 for each fiscal year 2012 through
2014.
``(H) Based on a regular review of the System and
the document verification procedures to identify misuse
or fraudulent use and to assess the security of the
documents and processes being used to establish
identity or employment authorization, the Secretary, in
consultation with the Commissioner, may modify the
documents or information that shall be presented to the
employer, the information that shall be provided to the
System by the employer, and the procedures that shall
be followed by employers with respect to any aspect of
the System if the Secretary, in the Secretary's
discretion, concludes that the modification is
necessary to ensure that the System accurately and
reliably determines the identity and employment
authorization of employees while providing protection
against misuse, discrimination, fraud, and identity
theft.
``(I) Subject to appropriate safeguards to prevent
misuse of the system, the Secretary, in consultation
with the Commissioner, shall establish a secure self-
verification procedure to permit an individual who
seeks to verify the individual's own employment
eligibility prior to obtaining or changing employment
to contact the appropriate agency and, in a timely
manner, correct or update the information used by the
System.
``(J) The Secretary may, upon notice provided in
the Federal Register, adjust the time periods described
in this paragraph.
``(6) Protection from liability for actions taken on the
basis of information provided by the system.--No employer
participating in the System who complies with all System
procedures as required in this Act shall be liable under this
Act for any employment-related action taken with respect to the
employee in good faith reliance on information provided through
the confirmation system.
``(7) Administrative review.--
``(A) In general.--An individual who is notified
pursuant to paragraph (5)(C)(iv) of a nonconfirmation
by the employer may, not later than 15 business days
after the date that such notice is received, file an
administrative appeal of such nonconfirmation. An
individual subject to a nonconfirmation may file an
appeal thereof after the 15-day period if the appeal is
accompanied by evidence that the individual did not
receive timely notice of a nonconfirmation, or that
there was good cause for the failure to file an appeal
within the 15-day period. All administrative appeals
shall be filed as follows:
``(i) Citizens or nationals of the united
states.--An individual claiming to be a citizen
or national of the United States shall file the
administrative appeal with the Commissioner.
``(ii) Aliens.--An individual claiming to
be an alien authorized to work in the United
States shall file the administrative appeal
with the Secretary.
``(B) Administrative stay of nonconfirmation.--The
nonconfirmation shall be automatically stayed upon the
timely filing of an administrative appeal, and the stay
shall remain in effect until the resolution of the
appeal, unless the Secretary or the Commissioner
terminates the stay based on a determination that the
administrative appeal is frivolous or filed for
purposes of delay.
``(C) Review for error.--The Secretary and the
Commissioner shall develop procedures for resolving
administrative appeals regarding nonconfirmations based
upon the information that the individual has provided,
including any additional evidence or argument that was
not previously considered. Any such additional evidence
or argument shall be filed within 15 days of the date
the appeal was originally filed. Appeals shall be
resolved within 30 days after the individual has
submitted all evidence and arguments he or she wishes
to submit, or has stated in writing that there is no
additional evidence that he or she wishes to submit.
The Secretary and the Commissioner may, on a case by
case basis for good cause, extend the filing and
submission period in order to ensure accurate
resolution of an appeal before him or her.
Administrative review under this paragraph shall be
limited to whether the nonconfirmation notice is
supported by the weight of the evidence.
``(D) Compensation for error.--If the individual
was denied a stay under subparagraph (B) and the
Secretary makes a determination that the
nonconfirmation issued for an individual was not caused
by an act or omission of the individual or the
employer, the Secretary shall compensate the individual
for lost wages in an amount not exceeding $75,000 and
reasonable costs and attorneys' fees incurred during
administrative and judicial review which shall not
exceed $50,000. Amounts under this clause may be
adjusted to account for inflation pursuant to the US
Consumer Price Index--All Urban Consumers (CPI-U)
compiled by the Bureau of Labor Statistics.
``(i) Calculation of lost wages.--Lost
wages shall be calculated based on the wage
rate and work schedule that prevailed prior to
termination. The individual shall be
compensated for wages lost beginning on the
first scheduled work day after employment was
terminated and ending 180 days after completion
of the administrative review process described
in this paragraph, or judicial review if any,
or the day after the individual is reinstated
or obtains employment elsewhere, whichever
occurs first. If the individual obtains
employment elsewhere at a lower wage rate, the
individual shall be compensated for the
difference in wages for the period ending 180
days after completion of the administrative
review process or judicial review, if any.
``(ii) Limitation on compensation.--For
purposes of determining an individual's
compensation for the loss of employment, such
compensation shall not include any period in
which the individual was ineligible for
employment in the United States.
``(iii) Source of funds.--Compensation or
reimbursement provided under this paragraph
shall not be provided from funds appropriated
in annual appropriations Acts to the Secretary
for the Department of Homeland Security.
``(E) Temporary stay of final administrative
decision denying appeal.--If the appeal is denied, the
Secretary shall stay the decision for a period of 30
days to permit the individual to seek judicial review
of the decision under paragraph (8)(A). If a judicial
action is brought within this period, the stay shall
remain in effect until the resolution of the case,
unless the Court terminates the stay based on a
determination that the action for judicial review is
frivolous or filed for purposes of delay.
``(8) Judicial review.--
``(A) In general.--After the Secretary or the
Commissioner makes a final determination on an appeal
filed by an individual under paragraph (7), the
individual may obtain judicial review of such
determination in a civil action commenced not later
than 30 days after notice of such decision.
``(B) Jurisdiction.--A civil action for such
judicial review shall be brought in the district court
of the United States for the judicial district in which
the plaintiff resides or, if the plaintiff does not
reside within any such judicial district, in the
District Court of the United States for the District of
Columbia.
``(C) Service.--The defendant is either the
Secretary or the Commissioner, but not both, depending
upon who issued the administrative order under
paragraph (7). In addition to serving the defendant,
the plaintiff shall also serve the Attorney General.
``(D) Answer.--As part of the Secretary's or the
Commissioner's answer to a complaint for such judicial
review, the Secretary or the Commissioner shall file a
certified copy of the administrative record compiled
during the administrative review under paragraph (7),
including the evidence upon which the findings and
decision complained of are based. The court shall have
power to enter, upon the pleadings and the
administrative record, a judgment affirming or
reversing the result of that administrative review,
with or without remanding the cause for a rehearing.
``(E) Standard of review.--
``(i) The burden shall be on the plaintiff
to show that the administrative order was
erroneous. Administrative findings of fact are
conclusive unless any reasonable adjudicator
would be compelled to conclude to the contrary.
The court, upon good cause shown, may in its
discretion remand to the Secretary or the
Commissioner for additional fact-finding or
other proceedings.
``(ii) If the plaintiff meets his or her
burden to show that the administrative order
was erroneous, the court shall, upon request of
the plaintiff, determine whether the plaintiff
can establish by the preponderance of the
evidence that the error was caused by the
decision rules, processes, or procedures
utilized by the System or erroneous system
information that was not the result of acts or
omissions of the individual.
``(F) Compensation for error.--
``(i) In general.--In cases in which the
judicial review reverses the final
determination of the Secretary or the
Commissioner made under paragraph (7), the
individual was denied a stay under subparagraph
(B), and the court finds that the final
determination was erroneous by reason of the
decision rules, processes, or procedures
utilized by the System or erroneous system
information that was not the result of acts or
omissions of the individual, the court may
award to the individual lost wages not
exceeding $75,000, reasonable costs and
attorneys' fees incurred during administrative
and judicial review which shall not exceed
$50,000, and compensatory damages in an amount
deemed necessary by the court. Amounts under
this clause may be adjusted to account for
inflation pursuant to the US Consumer Price
Index--All Urban Consumers (CPI-U) compiled by
the Bureau of Labor Statistics.
``(ii) Calculation of lost wages.--Lost
wages shall be calculated based on the wage
rate and work schedule that prevailed prior to
termination. The individual shall be
compensated for wages lost beginning on the
first scheduled work day after employment was
terminated and ending 180 days after completion
of the judicial review described in this
paragraph or the day after the individual is
reinstated or obtains employment elsewhere,
whichever occurs first. If the individual
obtains employment elsewhere at a lower wage
rate, the individual shall be compensated for
the difference in wages for the period ending
180 days after completion of the judicial
review process. No lost wages shall be awarded
for any period of time during which the
individual was not authorized to be employed in
the United States.
``(iii) Payment of compensation.--
Notwithstanding any other law, payment of
compensation for lost wages, costs and
attorneys' fees under this paragraph, or
compromise settlements of the same, shall be
made as provided by section 1304 of title 31,
United States Code. Appropriations made
available to the Secretary or the Commissioner,
accounts provided for under section 286 of the
Immigration and Nationality Act (8 U.S.C.
1356), and funds from the Federal Old-Age and
Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund shall not be
available to pay such compensation.
``(iv) Exclusive remedy.--Awards of
compensation for lost wages, costs, and
attorneys' fees under this paragraph shall be
the exclusive remedy for a finding under clause
(i) that a final determination of the Secretary
or the Commissioner made under paragraph (7)
was erroneous by reason of the negligence or
recklessness of the Secretary or the
Commissioner.
``(9) Private right of action.--If the nonconfirmation
issued for an individual was caused by negligence or other
misconduct on the part of the employer, the individual may seek
recovery of damages, reinstatement, back pay, and other
appropriate remedies in a civil action against the employer.
Such action shall be commenced not later than 90 days after
notice of the Secretary's or the Commissioner's decision on an
administrative appeal under paragraph (7) or the Court's
decision in an action for judicial review under paragraph (8),
or 90 days after termination of the individual as a result of
the final nonconfirmation if no such administrative appeal or
action for judicial review is taken. The action shall be
brought in the district court of the United States for the
judicial district in which the plaintiff resides or, if the
plaintiff does not reside within any such judicial district, in
the District Court of the United States for the District of
Columbia. In such action, no prior administrative or judicial
finding relating to the employer in any proceeding to which the
employer was not a party may be given any res judicata or
collateral estoppel effect against the employer.
``(10) 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 compliance with
system rules.--
``(I) Rates of incorrect
nonconfirmation and confirmation
notices.--That, during a year, the
number of incorrect tentative
nonconfirmations provided through the
System is not more than 1 percent.
``(II) Stability or improvement in
error rates.--That, during a year--
``(aa) the rate of
incorrect tentative
nonconfirmations shall not have
increased by more than 3
percent compared to the
previous year.
``(bb) the rate at which
unauthorized immigrants receive
incorrect confirmations shall
not have increased by more than
3 percent compared to the
previous year.
``(III) Employer compliance.--That,
during the year, not more than 10
percent of employers are found in
violation of section 171(a)(4).
``(iii) Protections for american workers.--
``(I) No discrimination based on
system operations.--The System has not
resulted in increased discrimination or
cause reasonable employers to conclude
that individuals of certain races or
ethnicities are more likely to have
difficulties when offered employment
caused by the operation of the System.
``(II) No increase in employer
noncompliance.--The System has not
resulted in increased employer
noncompliance with system rules,
including not notifying workers of
tentative nonconfirmations, adverse
employment consequences due to
tentative nonconfirmations,
prescreening, and reverification of
workers against System rules.
``(III) No increase in identity
fraud and theft.--The System has not
and will not result in increased
identity fraud or theft.
``(iv) Protection of workers' private
information.--At least 97 percent of employers
who participate in the System are in full
compliance with the privacy requirements
described in this subsection.
``(v) Protecting small businesses.--The
System will not result in lost productivity or
replacement and retraining costs due to United
States citizen and work-authorized immigrants
being terminated due to database errors.
``(vi) Protecting americans access to
produce and small family farms.--
``(I) No increase in food prices.--
The System has not and will not
increase the cost of agricultural
products by more than 5 percent.
``(II) Protecting small farmers.--
Use of the System will not put small
family farms out of business.
``(III) Protecting jobs.--Use of
the System will not cause Americans to
lose jobs related to the agriculture
industry.
``(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) Requirement for independent study.--The
determinations described in clauses (i) through (vi) of
subparagraph (B) shall be based on an independent study
commissioned by the Comptroller General in each phase
of expansion of the System.
``(D) 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.
``(E) Reports.--Not later than 21 months after the
date of the enactment of the Act, and annually
thereafter, the Comptroller General shall submit to the
Secretary and to Congress a report containing the
findings of the study carried out under this paragraph
and shall include the following:
``(i) An assessment of the accuracy of the
databases utilized by the System and of the
timeliness and accuracy of the responses
provided through the System to employers.
``(ii) An assessment of the privacy and
confidentiality of the System and of the
overall security of the System with respect to
cybertheft and theft or misuse of private data.
``(iii) An assessment of whether the System
is being implemented in a nondiscriminatory and
nonretaliatory manner.
``(iv) An assessment of the most common
causes for the erroneous issuance of
nonconfirmations by the System and
recommendations to correct such causes.
``(v) The recommendations of the
Comptroller General regarding whether or not
the System should be modified prior to further
expansion.
``(F) Certification.--If the Comptroller General
determines that the System meets the requirements set
out in clauses (i) through (vii) of subparagraph (B)
for 1 year, the Comptroller shall certify such
determination and submit such certification to Congress
with the report required by subparagraph (E).
``(11) Annual audit and report.--
``(A) Purpose of the audit and report.--The Office
for Civil Rights and Civil Liberties shall conduct
annual audits of E-Verify described in section 403(a)
of the Illegal Immigration Reform and Responsibility
Act of 1996, Public Law No. 104-208, Div. C, 110 Stat.
3009-546, to assess employer compliance with System
requirements, including civil rights and civil
liberties protections, and compliance with the System
rules and procedures set forth in the Memorandum of
Understanding between employers and the Social Security
Administration and the Department of Homeland Security.
``(B) Requirements of audit.--Annual audits shall
include, but are not limited to, the following
activities:
``(i) Use of testers to check if employers'
are using E-Verify as outlined in the
Memorandum of Understanding between employers
and the Department of Homeland Security and the
Social Security Administration, including if
employers are misusing of the system to
prescreen job applicants, if employers are
giving proper notification to employees'
regarding nonconfirmations, and if employers
are taking adverse actions against workers
based upon nonconfirmations.
``(ii) Random audits of employers to
confirm that employers are using the system as
outlined in the Memorandum of Understanding and
in a manner consistent with civil rights and
civil liberties protections; and
``(iii) Periodic audits of employers for
which the Special Counsel has received
information or complaints and/or actual charges
of citizenship/national origin discrimination
or document abuse.
``(C) Authority of office for civil rights and
civil liberties.--The Office shall have the authority
to obtain from users of E-Verify relevant documents and
testimony and answers to written interrogatories. The
Office shall also have the authority to conduct site
visits, and interview employees.
``(D) Failure of employers to cooperate.--Employers
that fail to cooperate with the Office for Civil Rights
and Civil Liberties shall be noted in the annual report
set forth below in this subsection.
``(E) Requirement for reports.--Not later than 18
months after the date of the enactment of the Act, and
annually thereafter, the Office for Civil Rights and
Civil Liberties shall submit a report to the President
of the Senate, the Speaker of the House of
Representatives, and the appropriate committees and
subcommittees of Congress that contains the findings of
the audit carried out under this paragraph.
``(12) Management of the system.--
``(A) In general.--The Secretary is authorized to
establish, manage, and modify the System, which shall--
``(i) respond to inquiries made by
participating employers at any time through the
internet, or such other means as the Secretary
may designate, concerning an individual's
identity and whether the individual is
authorized to be employed;
``(ii) maintain records of the inquiries
that were made, of confirmations provided (or
not provided), and of the codes provided to
employers as evidence of their compliance with
their obligations under the System; and
``(iii) provide information to, and require
action by, employers and individuals using the
System.
``(B) Design and operation of system.--The System
shall be designed and operated--
``(i) to maximize its reliability and ease
of use by employers consistent with protecting
the privacy and security of the underlying
information, and ensuring full notice of such
use to employees;
``(ii) to maximize its ease of use by
employees, including notification of its use,
of results, and ability to challenge results;
``(iii) to respond accurately to all
inquiries made by employers on whether
individuals are authorized to be employed and
to register any times when the system is unable
to receive inquiries;
``(iv) to maintain appropriate
administrative, technical, and physical
safeguards to prevent unauthorized disclosure
of personal information, misuse by employers
and employees, and discrimination;
``(v) to allow for auditing of the use of
the System to detect misuse, discrimination,
fraud, and identity theft, and to preserve the
integrity and security of the information in
all of the System, including but not limited to
the following--
``(I) to develop and use tools and
processes to detect or prevent fraud
and identity theft, such as multiple
uses of the same identifying
information or documents to
fraudulently gain employment;
``(II) to develop and use tools and
processes to detect and prevent misuse
of the system by employers and
employees;
``(III) to develop tools and
processes to detect anomalies in the
use of the system that may indicate
potential fraud or misuse of the
system; and
``(IV) to audit documents and
information submitted by employees to
employers, including authority to
conduct interviews with employers and
employees, and obtain information
concerning employment from the
employer;
``(vi) to confirm identity and employment
authorization through verification and
comparison of records maintained by the
Secretary, other Federal departments, states,
or outlying possessions of the United States,
or other available information, as determined
necessary by the Secretary, including--
``(I) records maintained by the
Social Security Administration;
``(II) birth and death records
maintained by vital statistics agencies
of any state or other United States
jurisdiction;
``(III) passport and visa records
(including photographs) maintained by
the Department of State; and
``(IV) state driver's license or
identity card information (including
photographs) maintained by State
departments of motor vehicles;
``(vii) to confirm electronically the
issuance of the employment authorization or
identity document and to display the digital
photograph that the issuer placed on the
document so that the employer can compare the
photograph displayed to the photograph on the
document presented by the employee. If a
photograph is not available from the issuer,
the Secretary shall specify alternative
procedures for confirming the authenticity of
the document; and
``(viii) to include, notwithstanding
section 6103 of title 26, U.S. Code, procedures
for verification by the Secretary of the
Treasury of the validity of any employer
identification number and related information
provided by an employer to the Secretary for
the purpose of participating in the System.
``(C) Access to information.--
``(i) Notwithstanding any other provision
of law, the Secretary of Homeland Security
shall have access to relevant records described
in subparagraphs (B)(vi) and (viii), for the
purposes of preventing identity theft, fraud
and misuse in the use of the System and
administering and enforcing the provisions of
this section governing employment verification.
Any governmental agency or entity possessing
such relevant records shall provide such
assistance and cooperation in resolving further
action notices and nonconfirmations relating to
such records, or otherwise to improve the
accuracy of the System, as the Secretary may
request. A state or other non-Federal
jurisdiction that does not provide such access,
assistance, and cooperation shall not be
eligible for any grant or other program of
financial assistance administered by the
Secretary or by the Commissioner.
``(ii) The Secretary, in consultation with
the Commissioner and other appropriate Federal
and State agencies, shall develop policies and
procedures to ensure protection of the privacy
and security of personally identifiable
information and identifiers contained in the
records accessed or maintained by the System.
The Secretary, in consultation with the
Commissioner and other appropriate Federal and
State agencies, shall develop and deploy
appropriate privacy and security training for
the Federal and State employees accessing the
records under the System.
``(iii) The Secretary, acting through the
Chief Privacy Officer of the Department of
Homeland Security, shall conduct regular
privacy audits of the policies and procedures
established under clause (ii), including any
collection, use, dissemination, and maintenance
of personally identifiable information and any
associated information technology systems, as
well as scope of requests for this information.
The Chief Privacy Officer shall review the
results of the audits and recommend to the
Secretary any changes necessary to improve the
privacy protections of the program.
``(D) Responsibilities of the secretary of homeland
security.--
``(i) As part of the System, the Secretary
shall maintain a reliable, secure method,
which, operating through the System and within
the time periods specified, compares the name,
alien identification or authorization number,
or other information as determined relevant by
the Secretary, provided in an inquiry against
such information maintained or accessed by the
Secretary in order to confirm (or not confirm)
the validity of the information provided, the
correspondence of the name and number, whether
the alien is authorized to be employed in the
United States (or, to the extent that the
Secretary determines to be feasible and
appropriate, whether the records available to
the Secretary verify the identity or status of
a national of the United States), and such
other information as the Secretary may
prescribe.
``(ii) As part of the System, the Secretary
shall establish a reliable, secure method,
which, operating through the System, displays
the digital photograph described in
subparagraph (B)(vii).
``(iii) The Secretary shall have authority
to prescribe when a confirmation,
nonconfirmation, or further action notice shall
be issued.
``(iv) The Secretary shall perform regular
audits under the System, as described in
subparagraph (B)(v) and shall utilize the
information obtained from such audits, as well
as any information obtained from the
Commissioner pursuant to section 174 of the
Comprehensive Immigration Reform Act of 2011,
for the purposes of this section, to administer
and enforce the immigration laws, and to ensure
employee rights are protected under the System.
``(v) The Secretary may make appropriate
arrangements to allow employers or employees
who are otherwise unable to access the System
to use Federal Government facilities or public
facilities or other available locations in
order to utilize the program.
``(vi) The Secretary shall, in consultation
with the Commissioner, establish a program
which shall provide a reliable, secure method
by which victims of identity fraud and other
individuals may suspend or limit the use of
their Social Security account number or other
identifying information for System purposes.
The Secretary may implement the program on a
limited pilot program basis before making it
fully available to all individuals.
``(vii) The Secretary, in consultation with
the Commissioner of Social Security, shall
establish procedures for an Enhanced
Verification System under section 178 of the
Comprehensive Immigration Reform Act of 2011.
``(viii) The Secretary and the Commissioner
shall establish a program in which Social
Security account numbers that have been
identified to be subject to unusual multiple
use in the System, or that are otherwise
suspected or determined to have been
compromised by identity fraud or other misuse,
shall be blocked from use for System purposes
unless the individual using such number is able
to establish, through secure and fair
additional security procedures, that he or she
is the legitimate holder of the number.
``(ix) The Secretary shall establish a
monitoring and compliance unit to detect and
reduce identity fraud and other misuse of the
program.
``(x) The Secretary, acting through the
Officer for Civil Rights and Civil Liberties of
the Department of Homeland Security, shall
conduct regular civil rights and civil
liberties assessments of the System, including
participation by employers, other private
entities, other Federal agencies, and state and
local government. The Officer shall review the
results of the assessment and recommend to the
Secretary any changes necessary to improve the
civil rights and civil liberties protections of
the program.
``(E) Responsibilities of the secretary of state.--
As part of the System, the Secretary of State shall
provide to the Secretary access to passport and visa
information as needed to confirm that a passport or
passport card presented under subsection (c)(1)(B)
confirms the identity of the subject of the System
check, or that a passport, passport card or visa
photograph matches the Secretary of State's records,
and shall provide such assistance as the Secretary may
request in order to resolve further action notices or
nonconfirmations relating to such information.
``(F) Updating information.--The Commissioner and
the Secretaries of Homeland Security and State shall
update their information in a manner that promotes
maximum accuracy and shall provide a process for the
prompt correction of erroneous information.
``(13) Limitation on use of the system.--Notwithstanding
any other provision of law, nothing in this subsection shall be
construed to permit or allow any department, bureau, or other
agency of the United States Government to utilize any
information, database, or other records assembled under this
subsection for any purpose other than for verification as
provided by this subsection the enforcement and administration
of the immigration laws, or the enforcement of Federal laws for
violations relating to use of the System.
``(14) Conforming amendment.--Sections 401 to 405 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (division C of Public Law 104-208; 8 U.S.C. 1234a note)
are repealed. Nothing in this subsection may be construed to
limit the authority of the Secretary to allow or continue to
allow the participation in the System of employers who have
participated in the E-Verify program established by such
sections.
``(15) Nondiscrimination.--The employer shall use the
procedures for the System specified in this section for all
employees without regard to race, sex, national origin, or,
unless specifically permitted in this section, to citizenship
status.
``(e) Compliance.--
``(1) Complaints and investigations.--The Secretary of
Homeland Security shall establish procedures--
``(A) for individuals and entities to file
complaints respecting potential violations of
subsections (a) or (f)(1);
``(B) for the investigation of those complaints
which the Secretary deems appropriate to investigate;
and
``(C) for such other investigations of violations
of subsections (a) or (f)(1) as the Secretary
determines to be appropriate.
``(2) Authority in investigations.--In conducting
investigations and hearings under this subsection, immigration
officers shall have reasonable access to examine evidence of
any employer being investigated.
``(3) Joint employment fraud task force.--The Secretary, in
cooperation with the Commissioner and Attorney General, and in
consultation with other relevant agencies, shall establish a
Joint Employment Fraud Task Force consisting of, at a minimum,
the System's compliance personnel, immigration law enforcement
officers, Special Counsel for Unfair Immigration-Related
Employment Practices personnel, Department of Homeland Security
Office for Civil Rights and Civil Liberties personnel, and
Social Security Administration fraud division personnel.
``(4) Compliance procedures.--
``(A) Pre-penalty notice.--If the Secretary has
reasonable cause to believe that there has been a civil
violation of this section, the Secretary shall issue to
the employer concerned a written notice of the
Department's intention to issue a claim for a monetary
or other penalty. Such pre-penalty notice shall--
``(i) describe the violation;
``(ii) specify the laws and regulations
allegedly violated;
``(iii) disclose the material facts which
establish the alleged violation;
``(iv) describe the penalty sought to be
imposed; and
``(v) inform such employer that he or she
shall have a reasonable opportunity to make
representations as to why a monetary or other
penalty should not be imposed.
``(B) Employer's response.--Whenever any employer
receives written pre-penalty notice of a fine or other
penalty in accordance with subparagraph (A), the
employer may, within 30 days from receipt of such
notice, file with the Secretary its written response to
the notice. The response may include any relevant
evidence or proffer of evidence that the employer
wishes to present with respect to whether the employer
violated this section and whether, if so, the penalty
should be mitigated, and shall be filed and considered
in accordance with procedures to be established by the
Secretary.
``(C) Penalty claim.--After considering the
employer's response under subparagraph (B), the
Secretary shall determine whether there was a violation
and promptly issue a written final determination
setting forth the findings of fact and conclusions of
law on which the determination is based. If the
Secretary determines that there was a violation, the
Secretary shall issue the final determination with a
written penalty claim. The penalty claim shall specify
all charges in the information provided under clauses
(i) through (iii) of subparagraph (A) and any
mitigation of the penalty that the Secretary deems
appropriate under paragraph (5)(D).
``(5) Civil penalties.--
``(A) Hiring or continuing to employ unauthorized
aliens.--Any employer that violates any provision of
subsection (a)(1)(A) or (a)(2) shall:
``(i) pay a civil penalty of not less than
$2,000 and not more than $5,000 for each
unauthorized alien with respect to which each
violation of either subsection (a)(1)(A) or
(a)(2) occurred;
``(ii) if the employer has previously been
fined under this paragraph, pay a civil penalty
of not less than $4,000 and not more than
$10,000 for each unauthorized alien with
respect to which a violation of either
subsection (a)(1)(A) or (a)(2) occurred; and
``(iii) if the employer has previously been
fined more than once under this paragraph, pay
a civil penalty of not less than $8,000 and not
more than $25,000 for each unauthorized alien
with respect to which a violation of either
subsection (a)(1)(A) or (a)(2) occurred.
``(B) Enhanced penalty.--If an employer is
determined to have committed within the 5 years
immediately preceding the date of any violation of
subsection (a)(1)(A) or (a)(2) a civil or criminal
violation of a Federal or State law relating to wage
and hour or other employment standards, workplace
safety, collective bargaining, civil rights, or
immigration, by a court or an administrative agency
with jurisdiction over such violation, for which a
monetary penalty of at least $500, a judicial
injunction, or other equitable relief, or any term of
imprisonment has been imposed, any civil money penalty
or criminal fine otherwise applicable under this
section shall be trebled. In any proceeding under this
section, the Secretary of Homeland Security,
administrative law judge, or court, as appropriate,
shall determine whether a court or administrative
agency has imposed such penalty for such previous
violation of other law, but the validity and
appropriateness of such prior action shall not be
subject to review.
``(C) Recordkeeping or verification practices.--Any
employer that violates or fails to comply with any
requirement of subsection (a)(1)(B), shall pay a civil
penalty as follows:
``(i) not less than $500 and not more than
$2,000 for each violation;
``(ii) if an employer has previously been
fined under this paragraph, not less than
$1,000 and not more than $4,000 for each
violation; and
``(iii) if an employer has previously been
fined more than once under this paragraph, not
less than $2,000 and not more than $8,000 for
each violation.
``(D) Other penalties.--The Secretary may impose
additional penalties for violations, including cease
and desist orders, specially designed compliance plans
to prevent further violations, suspended fines to take
effect in the event of a further violation, and in
appropriate cases, the remedy provided by paragraph
(f)(2).
``(E) Mitigation.--The Secretary is authorized,
upon such terms and conditions as the Secretary deems
reasonable and just and in accordance with such
procedures as the Secretary may establish, to reduce or
mitigate penalties imposed upon employers, based upon
factors including, but not limited to, the employer's
hiring volume, compliance history, good-faith
implementation of a compliance program, and voluntary
disclosure of violations of this subsection to the
Secretary. The Secretary shall not mitigate a penalty
below the minimum penalty provided by this section,
except that the Secretary may, in the case of an
employer subject to penalty for record-keeping or
verification violations only who has not previously
been penalized under this section, in the Secretary's
discretion, mitigate the penalty below the statutory
minimum or remit it entirely.
``(F) Inflation adjustments.--All penalties
authorized in this paragraph may be adjusted
periodically to account for inflation as provided by
law.
``(6) Order of internal review and certification of
compliance.--If the Secretary has reasonable cause to believe
that an employer has failed to comply with this section, the
Secretary is authorized, at any time, to require that the
employer certify that it is in compliance with this section, or
has instituted a program to come into compliance. Within 60
days of receiving a notice from the Secretary requiring such a
certification, the employer's chief executive officer or
similar official with responsibility for, and authority to bind
the company on, all hiring and immigration compliance notices
shall certify under penalty of perjury that the employer is in
conformance with the requirements under paragraphs (1) through
(4) of subsection (c), pertaining to document verification
requirements, and with subsection (d), pertaining to the System
(once that system is implemented with respect to that employer
according to the requirements of subsection (d)(1)), and with
any additional requirements that the Secretary may promulgate
by regulation pursuant to subsections (c) or (d) or that the
employer has instituted a program to come into compliance with
these requirements. At the request of the employer, the
Secretary may extend the 60-day deadline for good cause. The
Secretary is authorized to publish in the Federal Register
standards or methods for such certification, require specific
recordkeeping practices with respect to such certifications,
and audit the records thereof at any time. This authority shall
not be construed to diminish or qualify any other penalty
provided by this section.
``(7) Judicial review.--
``(A) In general.--Notwithstanding any other
provision of law, including sections 1361 and 1651 of
title 28, United States Code, no court shall have
jurisdiction to consider a final determination or
penalty claim issued under paragraph (4)(C), except as
specifically provided by this paragraph. Judicial
review of a final determination under paragraph (5) is
governed only by chapter 158 of such title 28, except
as specifically provided below. The Secretary is
authorized to require that the petitioner provide,
prior to filing for review, security for payment of
fines and penalties through bond or other guarantee of
payment acceptable to the Secretary.
``(B) Requirements for review of a final
determination.--With respect to judicial review of a
final determination or penalty claim issued under
paragraph (4)(C), the following requirements apply:
``(i) Deadline.--The petition for review
shall be filed no later than 30 days after the
date of the final determination or penalty
claim issued under paragraph (4)(C).
``(ii) Venue and forms.--The petition for
review shall be filed with the court of appeals
for the judicial circuit where the employer's
principal place of business was located when
the final determination or penalty claim was
issued. The record and briefs do not have to be
printed. The court of appeals shall review the
proceeding on a typewritten or electronically
filed record and briefs.
``(iii) Service.--The respondent is the
Secretary of Homeland Security. In addition to
serving the respondent, the petitioner shall
also serve the Attorney General.
``(iv) Petitioner's brief.--The petitioner
shall serve and file a brief in connection with
a petition for judicial review not later than
40 days after the date on which the
administrative record is available, and may
serve and file a reply brief not later than 14
days after service of the brief of the
respondent, and the court may not extend these
deadlines, except for good cause shown. If a
petitioner fails to file a brief within the
time provided in this paragraph, the court
shall dismiss the appeal unless a manifest
injustice would result.
``(v) Scope and standard for review.--The
court of appeals shall decide the petition only
on the administrative record on which the final
determination is based. The burden shall be on
the petitioner to show that the final
determination was arbitrary, capricious, an
abuse of discretion, not supported by
substantial evidence, or otherwise not in
accordance with law.
``(C) Exhaustion of administrative remedies.--A
court may review a final determination under paragraph
(4)(C) only if--
``(i) the petitioner has exhausted all
administrative remedies available to the
petitioner as of right; and
``(ii) another court has not decided the
validity of the order, unless the reviewing
court finds that the petition presents grounds
that could not have been presented in the prior
judicial proceeding or that the remedy provided
by the prior proceeding was inadequate or
ineffective to test the validity of the order.
``(D) Limit on injunctive relief.--Regardless of
the nature of the action or claim or of the identity of
the party or parties bringing the action, no court
(other than the Supreme Court) shall have jurisdiction
or authority to enjoin or restrain the operation of the
provisions in this section, other than with respect to
the application of such provisions to an individual
petitioner.
``(8) Enforcement of orders.--If the final determination
issued against the employer under this subsection is not
subject to review under paragraph (7), the Attorney General,
upon request by the Secretary, may bring a civil action to
enforce compliance with the final determination in any
appropriate district court of the United States. The court, on
a proper showing, shall issue a temporary restraining order or
a preliminary or permanent injunction requiring that the
employer comply with the final determination issued against
that employer under this subsection. In any such civil action,
the validity and appropriateness of the final determination
shall not be subject to review.
``(9) Liens.--
``(A) Creation of lien.--If any employer liable for
a fee or penalty under this section neglects or refuses
to pay such liability and fails to file a petition for
review (if applicable) under paragraph (7), such
liability is a lien in favor of the United States on
all property and rights to property of such person as
if the liability of such person were a liability for a
tax assessed under the Internal Revenue Code of 1986.
If a petition for review is filed as provided in
paragraph (7), the lien (if any) shall arise upon the
entry of a final judgment by the court. The lien
continues for 20 years or until the liability is
satisfied, remitted, set aside, or terminated.
``(B) Effect of filing notice of lien.--Upon filing
of a notice of lien in the manner in which a notice of
tax lien would be filed under paragraphs (1) and (2) of
section 6323(f) of the Internal Revenue Code of 1986,
the lien shall be valid against any purchaser, holder
of a security interest, mechanic's lien or judgment
lien creditor, except with respect to properties or
transactions specified in subsection (b), (c), or (d)
of section 6323 of the Internal Revenue Code of 1986
for which a notice of tax lien properly filed on the
same date would not be valid. The notice of lien shall
be considered a notice of lien for taxes payable to the
United States for the purpose of any State or local law
providing for the filing of a notice of a tax lien. A
notice of lien that is registered, recorded, docketed,
or indexed in accordance with the rules and
requirements relating to judgments of the courts of the
State where the notice of lien is registered, recorded,
docketed, or indexed shall be considered for all
purposes as the filing prescribed by this section. The
provisions of section 3201(e) of chapter 176 of title
28, United States Code, shall apply to liens filed as
prescribed under this section.
``(C) Enforcement of a lien.--A lien obtained
through this process shall be considered a debt (as
defined in section 3002 of title 28, United States
Code) and enforceable pursuant to the Federal Debt
Collection Procedures Act (28 U.S.C. 3201 et seq.).
``(10) Transition provision.--The Attorney General shall
have jurisdiction to adjudicate administrative proceedings
under this subsection, pursuant to procedures for hearings
before administrative law judges as in effect under section
274A(e) of this Act and its implementing regulations on the day
immediately before the date of the enactment of the CIR Act of
2011, until the date that regulations promulgated by the
Secretary, in consultation with the Attorney General, for the
adjudication of cases under this subsection are in effect. Such
regulations may provide for the continuing jurisdiction of the
Attorney General over cases pending before the Attorney General
on such date that the regulations are promulgated. Sections
1512 and 1517 of the Homeland Security Act (6 U.S.C. 552 and
557) shall apply to any transfer of jurisdiction to adjudicate
cases under this subsection from the Attorney General to the
Secretary as if such transfer is a transfer under the Homeland
Security Act; provided that, nothing in this sentence shall be
construed to require any transfer of personnel from the
Department of Justice to the Department of Homeland Security.
``(f) Prohibition of Indemnity Bonds.--
``(1) Prohibition.--It is unlawful for an employer, in the
hiring of any individual, to require the individual to post a
bond or security, to pay or agree to pay an amount, or
otherwise to provide a financial guarantee or indemnity,
against any potential liability arising under this section
relating to such hiring of the individual.
``(2) Civil penalty.--Any employer who is determined, after
notice and opportunity for mitigation of the monetary penalty
under subsection (e), to have violated paragraph (1) shall be
subject to a civil penalty of $10,000 for each violation and to
an administrative order requiring the return of any amounts
received in violation of such paragraph to the employee or, if
the employee cannot be located, to the general fund of the
Treasury.
``(g) Government Contracts.--
``(1) Contractors and recipients.--Whenever an employer who
holds Federal contracts, grants, or cooperative agreements, or
reasonably may be expected to submit offers for or be awarded a
government contract, is determined by the Secretary to be a
repeat violator of this section or is convicted of a crime
under this section, the employer shall be subject to debarment
from the receipt of Federal contracts, grants, or cooperative
agreements for a period of up to 5 years in accordance with the
procedures and standards prescribed by the Federal Acquisition
Regulation. Prior to debarring the employer, the Secretary, in
cooperation with the Administrator of General Services, shall
advise all agencies holding contracts, grants, or cooperative
agreements with the employer of the proceedings to debar the
employer from the receipt of new Federal contracts, grants, or
cooperative agreements for a period of up to 5 years. After
consideration of the views of agencies holding contracts,
grants or cooperative agreements with the employer, the
Secretary may, in lieu of proceedings to debar the employer
from the receipt of new Federal contracts, grants, or
cooperative agreements for a period of up to 5 years, waive
operation of this subsection, limit the duration or scope of
the proposed debarment, or may refer to an appropriate lead
agency the decision of whether to seek debarment of the
employer, for what duration, and under what scope in accordance
with the procedures and standards prescribed by the Federal
Acquisition Regulation. However, any administrative
determination of liability for civil penalty by the Secretary
or the Attorney General shall not be reviewable in any
debarment proceeding.
``(2) Effect of indictments or other actions.--Indictments
for violations of this section or adequate evidence of actions
that could form the basis for debarment under this subsection
shall be considered a cause for suspension under the procedures
and standards for suspension prescribed by the Federal
Acquisition Regulation.
``(3) Inadvertent violations.--Inadvertent violations of
recordkeeping or verification requirements, in the absence of
any other violations of this section, shall not be a basis for
determining that an employer is a repeat violator for purposes
of this subsection.
``(4) Other remedies available.--Nothing in this subsection
shall be construed to modify or limit any remedy available to
any agency or official of the Federal Government for violation
of any contractual requirement to participate in the System, as
provided in the final rule published at 73 Federal Register
67,651 (Nov. 14, 2008), or any subsequent amendments to such
rule.
``(h) Preemption.--The provisions of this section preempt any State
or local law, contract license, or other standard, requirement, action
or instrument from--
``(1) imposing sanctions or liabilities for employing, or
recruiting or referring for employment, unauthorized aliens, or
for working without employment authorization;
``(2) requiring those hiring, recruiting, or referring
individuals for employment to ascertain or verify the
individuals' employment authorization or to participate in an
employment authorization verification system, or requiring
individuals to demonstrate employment authorization; and
``(3) requiring, authorizing or permitting the use of an
employment verification system, unless otherwise mandated by
Federal law, for any other purpose, including verifying the
status of renters, determining eligibility for receipt of
benefits, enrollment in school, obtaining or retaining a
business license or other license, or conducting a background
check.
``(i) Backpay Remedies.--Neither backpay nor any other monetary
remedy for unlawful employment practices, workplace injuries or other
causes of action giving rise to liability shall be denied to a present
or former employee on account of--
``(1) the employer's or the employee's failure to comply
with the requirements of this section in establishing or
maintaining the employment relationship; the employee`s
violation of the provisions of federal law related to the
employment verification system set forth in subsection (a); or'
``(2) the employee's continuing status as an unauthorized
alien both during and after termination of employment.
``(j) Deposit of Amounts Received.--Except as otherwise specified,
civil penalties collected under this section shall be deposited by the
Secretary into the Immigration Reform Penalty Account.
``(k) Challenges to Validity of the System.--
``(1) In general.--Any right, benefit, or claim not
otherwise waived or limited pursuant to this section is
available in an action instituted in the United States District
Court for the District of Columbia, but shall be limited to
determinations of--
``(A) whether this section, or any regulation
issued to implement this section, violates the
Constitution of the United States; or
``(B) whether such a regulation issued by or under
the authority of the Secretary to implement this
section, is contrary to applicable provisions of this
section or was issued in violation of title 5, chapter
5, United States Code.
``(2) Deadlines for bringing actions.--Any action
instituted under this subsection shall be filed not later than
180 days after the date of the implementation of the challenged
section or regulation described in subparagraph (A) or (B) of
paragraph (1).
``(3) Construction.--In determining whether the Secretary's
interpretation regarding any provision of this section is
contrary to law, a court shall accord to such interpretation
the maximum deference permissible under the Constitution.
``(l) Private Right of Action.--Any person or entity who is injured
in his business or property by reason of the employment of an
unauthorized alien by any other person or entity may sue such other
person or entity in any district court of the United States in the
district in which the defendant resides or is found or has an agent,
without respect to the amount in controversy, and shall recover
threefold the damages sustained, and the cost of suit, including
reasonable attorney's fees. The award of interest, and the amount of
damages payable to foreign states and instrumentalities of foreign
states, shall be determined in the manner provided by section 15 of
title 15, United States Code. The provision shall become effective 3
years after the date of the enactment of the CIR Act of 2011 and shall
apply only to injury occurring after the effective date.
``(m) Criminal Penalties and Injunctions for Pattern or Practice
Violations.--
``(1) Pattern and practice.--Any employer who engages in a
pattern or practice of knowing violations of paragraph (1)(A)
or (2) of subsection (a) shall be fined under title 18, United
States Code, imprisoned for not more than 3 years for the
entire pattern or practice, or both.
``(2) Enjoining of pattern or practice violations.--
Whenever the Secretary or the Attorney General has reasonable
cause to believe that an employer is engaged in a pattern or
practice of employment in violation of 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 or Attorney General determines to be
necessary.
``(n) Criminal Penalties for Unlawful Employment.--
``(1) Unauthorized aliens.--Any person who, during any 12-
month period, knowingly employs or hires for employment 10 or
more individuals within the United States knowing that the
individuals are unauthorized aliens (as defined in subsection
(b)(1) of this section) shall be fined under title 18, United
States Code, imprisoned for not more than 5 years, or both.
``(2) Abusive employment.--Any person who, during any 12-
month period, knowingly employs or hires for employment 10 or
more individuals within the United States--
``(A) knowing that the individuals are unauthorized
aliens; and
``(B) under conditions that violate section 206 or
207 of title 29, United States Code (relating to
minimum wages and maximum hours of employment),
shall be fined under title 18, United States Code, or
imprisoned for not more than 10 years, or both.
``(3) Attempt and conspiracy.--Any person who attempts or
conspires to commit any offense under this subsection shall be
punished in the same manner as a person who completes the
offense.''.
(b) Conforming Amendment.--Section 274(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)(3)) is repealed.
SEC. 172. COMPLIANCE BY DEPARTMENT OF HOMELAND SECURITY CONTRACTORS
WITH CONFIDENTIALITY SAFEGUARDS.
(a) In General.--Section 6103(p) of the Internal Revenue Code is
amended by adding at the end the following new paragraph:
``(9) Disclosure to department of homeland security.--
Notwithstanding any other provision of this section, no return
or return information shall be disclosed to any contractor of
the Department of Homeland Security unless such Department, to
the satisfaction of the Secretary of the Treasury--
``(A) has requirements in effect that require each
such contractor that would have access to returns or
return information to provide safeguards (within the
meaning of paragraph (4)) to protect the
confidentiality of such returns or return information;
``(B) agrees to conduct an on-site review every 3
years (mid-point review in the case of contracts or
agreements of less than 3 years in duration) of each
contractor to determine compliance with such
requirements;
``(C) submits the findings of the most recent
review conducted under subparagraph (B) to the
Secretary as part of the report required by paragraph
(4)(E); and
``(D) certifies to the Secretary for the most
recent annual period that such contractor is in
compliance with all such requirements, which shall
include the name and address of each contractor, a
description of the contract or agreement with such
contractor, and the duration of such contract or
agreement.''.
(b) Conforming Amendments.--
(1) Section 6103(p)(8)(B) of such Code is amended by
inserting ``or paragraph (9)'' after ``subparagraph (A)''.
(2) Section 7213(a)(2) of such Code is amended by striking
``or (20)'' and inserting ``(20), or (21)''.
(c) Repeal of Reporting Requirements.--
(1) Report on earnings of aliens not authorized to work.--
Subsection (c) of section 290 of the Immigration and
Nationality Act (8 U.S.C. 1360) is repealed.
(2) Report on fraudulent use of social security account
numbers.--Subsection (b) of section 414 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C. 1360 note) is
repealed.
SEC. 173. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS.
(a) Fraud Resistant, Tamper-Resistant, and Wear-Resistant Social
Security Cards.--
(1) Issuance.--
(A) Preliminary work.--Not later than 180 days
after the date of the enactment of this Act, the
Commissioner of Social Security shall begin work to
administer and issue fraud-resistant, tamper-resistant,
and wear-resistant Social Security cards.
(B) Completion.--Not later than 2 years after the
date of the enactment of this Act, the Commissioner of
Social Security shall issue only fraud-resistant,
tamper-resistant and wear-resistant Social Security
cards.
(2) Amendment.--Section 205(c)(2)(G) of the Social Security
Act (42 U.S.C. 405(c)(2)(G)) is amended to read--
``(i) The Commissioner of Social Security
shall issue a Social Security card to each
individual at the time of the issuance of a
Social Security account number to such
individual. The Social Security card shall be
fraud-resistant, tamper-resistant and wear-
resistant.''.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection and the amendments made by this subsection.
(b) Multiple Cards.--Section 205(c)(2)(G) of the Social Security
Act (42 U.S.C. 405(c)(2)(G)) is further amended by adding at the end
the following:
``(ii) The Commissioner of Social Security
shall not issue a replacement Social Security
card to any individual unless the Commissioner
determines that the purpose for requiring the
issuance of the replacement document is
legitimate.''.
(c) Criminal Penalties.--Section 208(a) of the Social Security Act
(42 U.S.C. 408(a)) is amended--
(1) by amending paragraph (7) to read as follows:
``(7) for any purpose--
``(A) knowingly uses a Social Security account
number or social security card knowing that the number
or card was obtained from the Commissioner of Social
Security by means of fraud or false statement with the
intent to defraud the actual holder of the number or
card;
``(B) knowingly and falsely represents a number to
be the Social Security account number assigned by the
Commissioner of Social Security to him or to another
person, when in fact such number is not the Social
Security account number assigned by the Commissioner of
Social Security to him or to such other person with the
intent to defraud the actual holder of the number or
card;
``(C) knowingly sells, or possesses with intent
sell a Social Security account number or a Social
Security card that is or purports to be a number or
card issued by the Commissioner of Social Security; or
``(D) knowingly alters, counterfeits, forges, or
falsely makes a Social Security account number or a
Social Security card;
``(E) knowingly distributes a social security
account number or a Social Security card knowing the
number or card to be altered, counterfeited, forged,
falsely made, or stolen; or;'';
(2) in paragraph (8)--
(A) by inserting the word ``knowingly'' immediately
before the word ``discloses'';
(B) by inserting the word ``account'' immediately
after the word ``security''; and
(C) by adding ``or'' at the end of the paragraph;
(3) by inserting immediately after paragraph (8) the
following:
``(9) without lawful authority, knowingly produces or
acquires for any person a Social Security account number, a
Social Security card, or a number or card that purports to be a
Social Security account number or Social Security card;'';
(4) in the undesignated penalty language at the end of
subsection (a), by striking the word ``five'' and inserting the
word ``ten''.
(d) Conspiracy and Disclosure.--Section 208 of the Social Security
Act (42 U.S.C. 408) is amended by adding at the end the following:
``(f) Whoever attempts or conspires to violate any criminal
provision within this section shall be punished in the same manner as a
person who completes a violation of that provision.''.
SEC. 174. INCREASING SECURITY AND INTEGRITY OF IMMIGRATION DOCUMENTS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary shall--
(1) issue only machine-readable, tamper-resistant
employment authorization documents that use biometric
identifiers; and
(2) submit a report to Congress that describes the
feasibility, advantages, and disadvantages of issuing a
document described in paragraph (1) to any nonimmigrant alien
authorized for employment with a specific employer.
SEC. 175. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION.
Section 205(c)(12) of the Social Security Act, 42 U.S.C. 405(c)(2),
is amended by adding at the end the following new subparagraph:
``(A) Responsibilities of the commissioner of
social security.--
``(i) As part of the verification system,
the Commissioner of Social Security shall,
subject to the provisions of section 274A(d) of
the Immigration and Nationality Act, establish
a reliable, secure method that, operating
through the System and within the time periods
specified in section 274A(d) of the Immigration
and Nationality Act:
``(I) Compares the name, date of
birth, Social Security account number
and available citizenship information
provided in an inquiry against such
information maintained by the
Commissioner in order to confirm (or
not confirm) the validity of the
information provided regarding an
individual whose identity and
employment eligibility shall be
confirmed.
``(II) Determines the
correspondence of the name, number, and
any other identifying information.
``(III) Determines whether the name
and number belong to an individual who
is deceased.
``(IV) Determines whether an
individual is a national of the United
States (when available).
``(V) Determines whether the
individual has presented a Social
Security account number that is not
valid for employment.
The System shall not disclose or release Social
Security information to employers through the
confirmation system (other than such
confirmation or nonconfirmation, information
provided by the employer to the System, or the
reason for the issuance of a further action
notice).
``(ii) Social security administration
database improvements.--For purposes of
preventing identity theft, protecting
employees, and reducing burden on employers,
and notwithstanding section 6103 of the
Internal Revenue Code of 1986, the Commissioner
of Social Security, in consultation with the
Secretary of Homeland Security, shall review
the Social Security Administration databases
and information technology to identify any
deficiencies and discrepancies related to name,
birth date, citizenship status, or death
records of the Social Security accounts and
Social Security account holders likely to
contribute to fraudulent use of documents, or
identity theft, or to affect the proper
functioning of the System, and shall correct
any identified errors. The Commissioner shall
ensure that a system for identifying and
correcting such deficiencies and discrepancies
is adopted to ensure the accuracy of the Social
Security Administration's databases.
``(iii) Notification to suspend use of
social security number.--The Commissioner of
Social Security, in consultation with the
Secretary of Homeland Security, may establish a
secure process whereby an individual can
request that the Commissioner preclude any
confirmation under the System based on that
individual's Social Security number until it is
reactivated by that individual.''.
SEC. 176. ANTIDISCRIMINATION PROTECTIONS.
(a) Amendments.--Section 274B (8 U.S.C. 1324b) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Prohibition of Discrimination Based on National Origin or
Citizenship Status.--
``(1) In general.--It is an unfair immigration-related
employment practice for a person or other entity to
discriminate against any individual, because of such
individual's national origin or citizenship status, with
respect to the hiring of the individual for employment, the
verification of the individual's eligibility for employment
through the System described in section 274A(d), the
compensation, terms, conditions, or privileges of the
employment of the individual, or the discharging of the
individual from employment.
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A) a person or other entity that employs 3 or
fewer employees, except for an employment agency, as
defined in paragraph (9);
``(B) a person's or entity's discrimination because
of an individual's national origin if the
discrimination with respect to that person or entity
and that individual is covered under section 703 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-2);
``(C) discrimination because of citizenship status
which is otherwise required in order to comply with
law, regulation, or executive order, or required by
Federal, State, or local government contract, or which
the Attorney General determines to be essential for an
employer to do business with an agency or department of
the Federal, State, or local government.
``(3) Additional exception providing right to prefer
equally qualified citizens.--Notwithstanding any other
provision of this section, it is not an unfair immigration-
related employment practice for a person or other entity to
prefer to hire, recruit, or refer an individual who is a
citizen or national of the United States over another
individual who is an alien if the two individuals are equally
qualified.
``(4) Unfair immigration-related employment practices and
the system.--It is also an unfair immigration-related
employment practice for a person or other entity--
``(A) to terminate the employment of an individual
or take any adverse employment action with respect to
that individual (including any change in the terms and
conditions of employment of the individual) due to a
further action notice issued by the System, or the
individual's decision to challenge or appeal any System
determination;
``(B) to use the System with regard to any person
who is not an employee;
``(C) to use the System to reverify the employment
authorization of a current employee, other than
reverification upon expiration of employment
authorization, or as otherwise authorized under section
274A(d) or by Executive Order;
``(D) to use the System selectively to exclude
certain individuals from consideration for employment
as a result of a perceived likelihood that additional
verification will be required, beyond what is required
for most newly hired individuals;
``(E) to fail to provide any required notice to a
current employee within the relevant time period;
``(F) to use the System to deny workers' employment
benefits or otherwise interfere with their labor
rights;
``(G) to use the System for any discriminatory or
retaliatory purpose;
``(H) to use the System to prescreen an individual
for employment; and
``(I) to use an immigration status verification
system or service other than those described in section
274A for purposes of verifying employment eligibility
under that section.
``(5) Prohibition of intimidation or retaliation.--It is
also an unfair immigration-related employment practice for a
person or other entity to intimidate, threaten, coerce, or
retaliate against any individual for the purpose of interfering
with any right or privilege secured under this section or
because the individual intends to file or has filed a charge or
a complaint, testified, assisted, or participated in any manner
in an investigation, proceeding, or hearing under this section.
``(6) Treatment of certain documentary practices as
employment practices.--A person's or other entity's request,
for purposes of satisfying the requirements of section 274A(b),
for more or different documents than are required under such
section or refusing to honor documents tendered that reasonably
appear to be genuine shall be treated as an unfair immigration-
related employment practice in violation of paragraph (1).
``(7) Burden of proof in disparate impact cases.--
``(A) An unlawful immigration-related employment
practice or unfair employment practice case based on
disparate impact is established only if:
``(i) A complaining party demonstrates that
a respondent uses a particular employment
practice that causes a disparate impact on the
basis of national origin or citizenship status
and the respondent fails to demonstrate that
the challenged practice is job related for the
position in question and consistent with
business necessity.
``(ii) The complaining party demonstrates
that an alternative employment practice is
available and the respondent refuses to adopt
such an alternative employment practice. An
alternative employment practice is defined as a
policy that would satisfy the employer's
legitimate interests without having a disparate
impact on a protected class.
``(B) With respect to demonstrating that a
particular employment practice causes a disparate
impact as described in subparagraph (A), the
complaining party shall demonstrate that each
particular challenged employment practice causes a
disparate impact, except that if the complaining party
can demonstrate to the court that the elements of a
respondent's decision-making process are not capable of
separation for analysis, the decision-making process
may be analyzed as one employment practice.
``(C) If the respondent demonstrates that a
specific employment practice does not cause the
disparate impact, the respondent shall not be required
to demonstrate that such practice is required by
business necessity.
``(D) A demonstration that an employment practice
is required by business necessity may not be used as a
defense against a claim of intentional discrimination
under this statute.
``(8) Motivating factor.--Except as otherwise provided in
this Act, an unlawful immigration-related unfair employment
practice is established when the charging party demonstrates
that citizenship status or national origin was a motivating
factor for any employment practice, even though other factors
also motivated the practice.
``(9) Employment agency defined.--As used in this section,
the term `employment agency' means any person or entity
regularly undertaking with or without compensation to procure
employees for an employer or to procure for employees
opportunities to work for an employer and includes an agent of
such person or entity.'';
(2) in subsection (d), by amending paragraphs (1) and (2)
to read as follows:
``(1) The Special Counsel shall investigate each charge
received and determine whether or not there is reasonable cause
to believe that the charge is true and whether or not to bring
a complaint with respect to the charge before an administrative
law judge. The Special Counsel may, on his or her own
initiative, conduct investigations respecting unfair
immigration-related employment practices or unfair employment
practices and, based on such an investigation, file a complaint
before such judge.
``(2) If the Special Counsel, after receiving such a charge
respecting an unfair immigration-related employment practice or
an unfair employment practice which alleges discriminatory
activity or a pattern or practice of discriminatory activity,
has not filed a complaint before an administrative law judge
with respect to such charge within 120 days, the Special
Counsel shall notify the person making the charge of the
determination not to file such a complaint during such period
and the person making the charge may file a complaint directly
before such judge within 90 days after the date of receipt of
the notice.'';
(3) in subsection (g)(2)--
(A) in subparagraph (A), by inserting before the
period ``and which requires such affirmative action as
may be appropriate, or any other individual equitable
relief as the administrative law judge determines
appropriate.'';
(B) in subparagraph (B)--
(i) in clause (iii), by inserting before
the semicolon ``, and to provide such other
relief as the administrative law judge
determines appropriate to make the individual
whole''; and
(ii) by amending clause (iv) to read as
follows--
``(iv) to pay any applicable civil
penalties proscribed below, the amounts of
which may be adjusted periodically to account
for inflation as provided by law--
``(I) except as provided in
subclauses (II) through (IV), to pay a
civil penalty of not less than $2,000
and not more than $5,000 for each
individual subjected to an unfair
immigration related employment
practice;
``(II) except as provided in
subclauses (III) and (IV), in the case
of a person or entity previously
subject to a single order under this
paragraph, to pay a civil penalty of
not less than $4,000 and not more than
$10,000 for each individual subjected
to an unfair immigration related
employment practice;
``(III) except as provided in
subclause (IV), in the case of a person
or entity previously subject to more
than one order under this paragraph, to
pay a civil penalty of not less than
$8,000 and not more than $25,000 for
each individual subjected to an unfair
immigration related employment
practice; and
``(IV) in the case of an unfair
immigration-related employment practice
described in subsection (a)(6) of this
section, to pay a civil penalty of not
less than $500 and not more than $5,000
for each individual subjected to an
unfair immigration related employment
practice.'';
(C) in clause (vii) by striking ``and'' at the end;
(D) in clause (viii), by striking the period at the
end and inserting ``; and''; and
(E) by adding at the end the following:
``(ix)(I) An order of the administrative
law judge may not require the admission or
reinstatement of an individual as a member of a
union, or the hiring, reinstatement, or
promotion of an individual as an employee, if
such individual was refused admission,
suspended, or expelled, or was refused
employment or advancement or was suspended or
discharged more likely that not, for any reason
other than discrimination on account of
citizenship status or national origin or in
violation of this section.
``(II) On a claim in which an individual
proves a violation under paragraph (a)(9) and a
respondent demonstrates that the respondent
would have taken the same action in the absence
of the impermissible motivating factor, the
administrative law judge may grant declaratory
relief, injunctive relief (except as provided
in clause (b)(2)), and attorney's fees and
costs demonstrated to be directly attributable
only to the pursuit of a claim under paragraph
(a)(9); and shall not award damages or issue an
order requiring any admission, reinstatement,
hiring, promotion, or payment, described in
subparagraph (I).'';
(4) in subsection (l)(3), by inserting ``and an additional
$40,000,000 for each of fiscal years 2012 through 2014'' before
the period at the end; and
(5) by adding at the end the following:
``(m) Reports.--The Secretary of Homeland Security shall make
transactional data and citizenship status data related to the System
available upon request by the Special Counsel.
``(n) Records.--
``(1) In general.--Every employer, employment agency, and
labor organization subject to this section shall--
``(A) make and keep such records relevant to the
determinations of whether unlawful employment practices
have been or are being committed;
``(B) preserve such records for such periods; and
``(C) make reports from such records as prescribed
by the Special Counsel, by regulation or order, after
public hearing, as reasonable, necessary, or
appropriate for the enforcement of this section.
``(2) Cooperation.--The Special Counsel may--
``(A) cooperate with State and local agencies
charged with the administration of State fair
employment practices laws;
``(B) with the consent of the agencies referred to
in subparagraph (A), for the purpose of carrying out
its functions and duties under this section, and within
the limitation of funds appropriated specifically for
such purpose--
``(i) engage in and contribute to the cost
of research and other projects of mutual
interest undertaken by such agencies;
``(ii) utilize the services of such
agencies and their employees; and
``(iii) notwithstanding any other provision
of law, pay by advance or reimbursement such
agencies and their employees for services
rendered to assist the Special Counsel in
carrying out this section.
``(C) in furtherance of the cooperative efforts
under this paragraph, enter into written agreements
with such State or local agencies, which--
``(i) may include provisions under which
the Special Counsel shall refrain from
processing a charge in any cases or class of
cases specified in such agreements or under
which the Special Counsel shall relieve any
person or class of persons in such State or
locality from requirements imposed under this
section; and
``(ii) shall be rescinded if the Special
Counsel determines that the agreement no longer
serves the interest of effective enforcement of
this section.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
violations occurring on or after such date.
SEC. 177. IMMIGRATION ENFORCEMENT SUPPORT BY THE INTERNAL REVENUE
SERVICE AND THE SOCIAL SECURITY ADMINISTRATION.
(a) Increase in Penalty on Employer Failing To File Correct
Information Returns.--Section 6721 of the Internal Revenue Code of 1986
(relating to failure to file correct information returns) is amended--
(1) in subsection (a)(1)--
(A) by striking ``$100'' and inserting ``$200'';
and
(B) by striking ``$1,500,000'' and inserting
``$2,000,000'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``$30 in lieu
of $100'' and inserting ``$60 in lieu of $200''; and
(B) in subparagraph (B), by striking ``$250,000''
and inserting ``$300,000'';
(3) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``$60 in lieu
of $100'' and inserting ``$120 in lieu of $200''; and
(B) in subparagraph (B), by striking ``$500,000''
and inserting ``$600,000'';
(4) in subsection (d)--
(A) in the subsection heading, by striking
``$5,000,000'' and inserting ``$2,000,000'';
(B) in paragraph (1)(B), by striking ```$75,000'
for `$250,000''' and inserting ```$100,000' for
`$300,000''';
(C) in paragraph (1)(C), by striking ```$200,000'
for `$500,000''' and inserting ```$200,000' for
`$600,000'''; and
(D) in paragraph (2)(A), by striking ``$5,000,000''
and inserting ``$2,000,000''; and
(5) in subsection (e)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``$250'' and inserting
``$400'';
(ii) in subparagraph (C)(i), by striking
``$25,000'' and inserting ``$100,000''; and
(iii) in subparagraph (C)(ii), by striking
``$100,000'' and inserting ``$400,000''; and
(B) in paragraph (3)(A), by striking ``$1,500,000''
and inserting ``$2,000,000''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to failures occurring after the date of the enactment of this
Act.
SEC. 178. ENHANCED VERIFICATION SYSTEM.
(a) Right To Review and Correct System Information.--The Secretary,
in consultation with the Commissioner of Social Security, shall
establish--
(1) procedures to permit an individual--
(A) to verify the individual's eligibility for
employment in the United States before obtaining or
changing employment;
(B) to view the individual's own records in the
Enhanced Verification System in order to ensure the
accuracy of such records; and
(C) to correct or update the information used by
the System regarding the individual by electronic
means, to the greatest extent practicable; and
(2) procedures for establishing an Enhanced Verification
System under subsection (b) through which an individual who has
viewed the individual's own record may electronically--
(A) block the use of the individual's Social
Security number under the System; and
(B) remove such block in order to--
(i) prevent the fraudulent or other misuse
of a Social Security account number;
(ii) prevent employer misuse of the system;
(iii) protect privacy; and
(iv) limit erroneous nonconfirmations
during employment verification.
(b) Enhanced Verification System.--
(1) In general.--The Secretary, in consultation with the
Commissioner of Social Security, shall establish a voluntary
self-verification system to allow an individual to submit
biometric information, verify the individual's own record, and
to block and unblock the use of the individual's Social
Security number in order to prevent the fraudulent or other
misuse of the individual's Social Security number during
employment verification, to prevent employer misuse of the
system, to protect privacy, and to limit erroneous non-
confirmations during employment verification.
(2) Voluntary enrollment.--An individual may enroll in the
Enhanced Verification System on a voluntary basis.
(3) Electronic access.--The Secretary shall establish
procedures allowing individuals to use a Personal
Identification Number (PIN) or other biographic information to
authenticate the individual's identity and to block and unblock
the individual's Social Security number electronically.
(4) Use of enhanced verification system receipt for purpose
of employment verification.--The Secretary shall establish
procedures to allow an individual who has authenticated the
individual's identity and unblocked the individual's Social
Security number to receive a single -use code as a receipt
indicating that the individual is work authorized and has self-
verified, and procedures to allow the individual to use the
single-use code in place of the identity and eligibility
documents described in this section.
(5) Expedited review process.--The Secretary shall
establish an expedited review process to allow an individual
who has authenticated the individual's identity and unblocked
the individual's Social Security number immediately to correct
user or system errors which result in an erroneous non-
confirmation of work eligibility.
(6) Reports.--
(A) System assessment.--Not later than 3 months
after the end of the third and fourth years in which
the programs are in effect, the Secretary shall submit
reports to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on the Enhanced Verification System
that--
(i) assesses the degree of fraudulent
attesting of United States citizenship;
(ii) assesses the benefits of the Enhanced
Verification System to employers and the degree
to which it assists in the enforcement of
section 274A of the Immigration and Nationality
Act;
(iii) assesses the benefits of the Enhanced
Verification System to individuals and the
degree to which they prevent misuse of the
System and erroneous non-confirmations during
employment verification;
(iv) determines whether the Enhanced
Verification System reduces discrimination
during the employment verification process;
(v) assesses the degree to which the
Enhanced Verification System protects employee
civil liberties and privacy; and
(vi) includes recommendations on whether
the Enhanced Verification System should be
continued or modified.
(B) Report on expansion.--Not later than July 1,
2016, the Secretary shall submit a report shall to the
committees referred to in subparagraph (A) that--
(i) evaluates whether the problems
identified by the reports submitted under
subparagraph (A) have been substantially
resolved; and
(ii) describes the actions to be taken by
the Secretary before requiring any individual
to participate in the Enhanced Verification
System.
(7) Limitation on use of the confirmation system and any
related systems.--Notwithstanding any other provision of law,
nothing in this section may be construed to permit any
department, bureau, or other agency of the United States
Government to utilize any information, database, or other
records assembled under this section for any other purpose
other than as provided for under the Enhanced Verification
System.
SEC. 179. AUTHORIZATION OF APPROPRIATIONS.
(a) Department of Homeland Security.--There are authorized to be
appropriated to the Department such sums as may be necessary to carry
out this subtitle, and the amendments made by this subtitle, including
the following:
(1) In each of the 5 years beginning on the date of the
enactment of this Act, the appropriations necessary to increase
to a level not less than 4500, by the end of such five-year
period, the total number of personnel of the Department of
Homeland Security assigned exclusively or principally to an
office or offices in U.S. Citizenship and Immigration Services
and U.S. Immigration and Customs Enforcement (and consistent
with the missions of such agencies), dedicated to administering
the System, and monitoring and enforcing compliance with
sections 274A, 274B, and 274C of the Immigration and
Nationality Act (8 U.S.C. 1324a, 1324b, and 1324c), including
compliance with the requirements of the System. These personnel
shall perform compliance and monitoring functions, including
the following:
(A) Verify Employment Identification Numbers of
employers participating in the System.
(B) Verify compliance of employers participating in
the System with the requirements for participation that
are prescribed by the Secretary.
(C) Monitor the System for multiple uses of Social
Security numbers and immigration identification numbers
that could indicate identity theft or fraud.
(D) Monitor the System to identify discriminatory
or unfair practices.
(E) Monitor the System to identify employers who
are not using the system properly, including employers
who fail to make available appropriate records with
respect to their queries and any notices of
confirmation, nonconfirmation, or further action.
(F) Identify instances where employees allege that
an employer violated their privacy, civil or labor
rights, or misused the System, and create procedures
for employees to report such allegations.
(G) Analyze and audit the use of the System and the
data obtained through the System to identify fraud
trends, including fraud trends across industries,
geographical areas, or employer size.
(H) Analyze and audit the use of the System and the
data obtained through the System to develop compliance
tools as necessary to respond to changing patterns of
fraud.
(I) Provide employers with additional training and
other information on the proper use of the System,
including but not limited to privacy training and
employee rights.
(J) Perform threshold evaluation of cases for
referral to the Special Counsel for Unfair Immigration-
Related Employment Practices or the Equal Employment
Opportunity Commission, and other officials or agencies
with responsibility for enforcing anti-discrimination,
civil rights, privacy or worker protection laws, as may
be appropriate.
(K) Any other compliance and monitoring activities
that, in the Secretary's judgment, are necessary to
ensure the functioning of the System.
(L) Investigate identity theft and fraud detected
through the System and undertake the necessary
enforcement or referral actions.
(M) Investigate use of or access to fraudulent
documents and undertake the necessary enforcement
actions.
(N) Perform any other investigations that, in the
Secretary's judgment, are necessary to ensure the
lawful functioning of the System, and undertake any
enforcement actions necessary as a result of these
investigations.
(2) The appropriations necessary to acquire, install and
maintain technological equipment necessary to support the
functioning of the System and the connectivity between U.S.
Citizenship and Immigration Services and U.S. Immigration and
Customs Enforcement, Department of Justice, and other agencies
or officials with respect to the sharing of information to
support the System and related immigration enforcement actions.
(3) The appropriations necessary to establish a robust
redress process for employees who wish to appeal contested
nonconfirmations to ensure the accuracy and fairness of the
System.
(4) The appropriations necessary to provide a means by
which individuals may access their own employment authorization
data to ensure its accuracy independent of their employer.
(5) The appropriations necessary to establish a Joint
Employment Fraud Task Force to promote employer compliance with
the system and ensure a coordinated response to noncompliance.
(6) The appropriations necessary for the Office for Civil
Rights and Civil Liberties and the Office of Privacy to perform
their responsibilities as they relate to the System.
(7) The appropriations necessary to make grants to states
to support them in assisting the federal government in carrying
out the provisions of this subtitle.
(b) Social Security Administration.--There are authorized to be
appropriated to the Social Security Administration such sums as may be
necessary to carry out its responsibilities under this subtitle,
including section 177.
(c) Department of Justice.--There are authorized to be appropriated
to the Department of Justice such sums as may be necessary to carry out
its responsibilities under this subtitle, including enforcing
compliance with section 274B of the Act, as amended by section 176 of
this Act.
(d) Department of State.--There are authorized to be appropriated
to the Department of State such sums as may be necessary to carry out
its responsibilities under this subtitle.
TITLE II--IMMIGRATION ENFORCEMENT AND REFORM
Subtitle A--Border Enforcement
PART I--ADDITIONAL ASSETS AND RESOURCES
SEC. 201. EFFECTIVE DATE TRIGGERS.
(a) In General.--Notwithstanding any effective date provision or
any other law, the status of an alien in lawful prospective immigrant
status may not be adjusted to the status of an alien lawfully admitted
for permanent residence under section 112 unless--
(1) the Secretary has submitted a written certification to
the President and Congress that the measures described in
subsection (b) are established, funded, and operational; and
(2) the Attorney General has submitted a written
certification to the President and Congress that each of the
measures described in subsection (c) are established, funded,
and operational.
(b) Measures by Department of Homeland Security.--The measures
described in this subsection are established, funded, and operational
if--
(1) U.S. Immigration and Customs Enforcement has--
(A) employed not fewer than 6,410 agents to
investigate violations of criminal law, including--
(i) document and benefit fraud; and
(ii) the cross-border smuggling of aliens,
firearms, narcotics, and other contraband;
(B) employed not fewer than 185 worksite
enforcement auditors to support a worksite enforcement
strategy that prioritizes developing cases against
employers committing serious violations;
(C) created and staffed an Immigration Benefit and
Document Fraud Task Force in each field office headed
by a Special Agent in Charge;
(D) established a nationwide plan, with benchmarks,
to dramatically increase the nationwide enrollment in
an alternatives to detention program that utilizes
community-based nonprofit organizations; and
(E) implemented civil detention standards with
which each facility detaining immigrants is required to
comply;
(2) U.S. Customs and Border Protection has--
(A) employed not fewer than 21,000 United States
Border Patrol agents who have been trained and have
reported for duty, including additional agents who
conduct inspections for drugs, contraband, and
immigrants who are unlawfully present at ports of entry
in the United States;
(B) employed not fewer than 21,500 officers who
have been trained and have reported for duty at the
Office of Field Operations;
(C) deployed 7 unmanned aircraft systems;
(D) deployed remote video surveillance systems at
300 sites;
(E) acquired 200 scope trucks; and
(F) acquired 56 mobile surveillance systems; and
(3) the Secretary has received and is processing and
adjudicating applications under title I in a timely manner,
including conducting all necessary background and security
checks required under such title.
(c) Measures by Department of Justice.--The measures described in
this subsection are established, funded, and operational if the
Department of Justice has--
(1) employed not fewer than 150 Assistant United States
Attorneys who prosecute criminal violations at the border; and
(2) employed not fewer than 275 immigration judges and
appropriate support staff.
SEC. 202. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Staff Enhancements.--
(1) Revisions to fiscal year allocations and funding.--
Title II of the Department of Homeland Security Appropriations
Act, 2010 (Public Law 111-83), is amended by inserting
``Provided further, That of the total amount provided,
$40,000,000 shall be used to pay the salaries and related
compensation for 250 additional Customs and Border Protection
officers and 25 associated support staff personnel, who shall
be devoted to new inspection lanes at new land ports of entry
on the Southwest border'' before the period at the end of the
first paragraph.
(2) New personnel.--In addition to positions authorized
before the date of the enactment of this Act and any officer
vacancies within U.S. Customs and Border Protection on such
date, the Secretary shall hire, train, and assign to duty, not
later than September 30, 2013--
(A) 2,500 full-time Customs and Border Protection
officers to serve on all primary, secondary, incoming,
and outgoing inspection lanes and enforcement teams at
United States land ports of entry on the Northern
border;
(B) 2,500 full-time Customs and Border Protection
officers to serve on all primary, secondary, incoming,
and outgoing inspection lanes and enforcement teams at
United States land ports of entry on the Southern
border; and
(C) 350 full-time support staff for all United
States ports of entry.
(b) Waiver of FTE Limitation.--The Secretary may waive any
limitation on the number of full-time equivalent personnel assigned to
the Department to comply with subsection (a).
(c) Report to Congress.--
(1) Outbound inspections.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall submit a
report that describes the Department's plans for ensuring the
placement of sufficient U.S. Customs and Border Protection
officers on outbound inspections at all Southern border and
Northern border land ports of entry to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Homeland Security of the House
of Representatives.
(2) Agricultural specialists.--Not later than 90 days after
the date of the enactment of this Act, the Secretary, in
consultation with the Secretary of Agriculture, shall submit a
report to the committees set forth in paragraph (1) that
contains plans for ensuring the placement of sufficient
agriculture specialists at all Southern border and Northern
border land ports of entry.
(d) Retention Incentive Payments.--
(1) Payments authorized.--Subject to paragraph (2), during
the 6-year period beginning on July 1, 2011, the Secretary may
make incentive payments to qualified U.S. Customs and Border
Protection port of entry officers, to the extent necessary to
retain such officers.
(2) Special rules for incentive payments.--
(A) In general.--Each payment made under paragraph
(1)--
(i) shall be paid to each qualified
employee, in a lump sum that does not exceed
$10,000, at the end of the fiscal year in which
the employee is selected by the Secretary, or a
delegate of the Secretary, to receive such
payment;
(ii) may not be limited solely to work
performance, but may be based on criteria such
as--
(I) comparative salaries for law
enforcement officers in other Federal
agencies;
(II) costs for replacement and
training of a new employee; and
(III) volume of work at the port of
entry;
(iii) shall be contingent upon the selected
employee signing an agreement, under penalty of
perjury, to continue serving as a United States
Customs and Border Protection officer at a land
port of entry for at least 3 additional years;
and
(iv) shall be subject to reimbursement if
the employee fails to complete the 3-year
service requirement described in clause (iii)
due to voluntary or involuntary separation from
service.
(B) Limitations.--
(i) Total payments.--The total payments
under subparagraph (A) may not exceed
$55,000,000.
(ii) Fiscal years 2012 through 2016.--In
each of the fiscal years 2012 through 2016, the
Secretary may not make more than 500 incentive
payments under this subsection.
(iii) Eligibility.--Any employee who
receives a retention incentive payment under
this subsection in a fiscal year shall not be
eligible to receive another such payment until
the employee completes at least 2 years of
service with the Department after receiving
such payment.
SEC. 203. SECURE COMMUNICATION; EQUIPMENT; AND GRANTS FOR BORDER
PERSONNEL.
(a) Secure Communication.--The Secretary shall ensure that each
U.S. Customs and Border Protection officer is equipped with a secure 2-
way communication and satellite-enabled device, supported by system
interoperability, which allows such officers to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, local, and tribal law
enforcement entities.
(b) Border Area Security Initiative Grant Program.--
(1) In general.--The Secretary shall establish a grant
program for the purchase of detection equipment at land ports
of entry and mobile, hand-held, 2-way communication devices for
State and local law enforcement officers serving on the
Southern border or the Northern border.
(2) Authorization of appropriations.--There is authorized
to be appropriated, for the 6-year period beginning on October
1, 2011, $30,000,000, which shall be used for grants authorized
under paragraph (1).
SEC. 204. INFRASTRUCTURE IMPROVEMENTS AND EXPANSION OF LAND PORTS OF
ENTRY.
(a) Amendments to American Recovery and Reinvestment Act of 2009.--
Title VI of the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5) is amended, under the heading entitled ``Construction''--
(1) by striking ``U.S. Customs and Border Protection
owned''; and
(2) by inserting ``Provided further, That $300,000,000
shall be used for infrastructure improvements, expansion, and
new construction (or reimbursement for new construction costs
incurred during fiscal years 2007 through 2012) of high-volume
ports of entry along the Northern border and the Southern
border, regardless of port ownership'' before the period at the
end.
(b) Effective Date.--The amendments made under subsection (a) shall
take effect as if included in the American Recovery and Reinvestment
Act of 2009, as of the date of the enactment of such Act.
SEC. 205. ADDITIONAL AUTHORITIES FOR PORT OF ENTRY CONSTRUCTION.
(a) In General.--In order to aid in the enforcement of Federal
customs, immigration, and agriculture laws, the Commissioner of U.S.
Customs and Border Protection may--
(1) design, construct, and modify land ports of entry and
other structures and facilities, including living quarters for
officers, agents, and personnel;
(2) acquire, by purchase, donation, exchange, or otherwise,
land or any interest in land determined to be necessary to
carry out the Commissioner's duties under this section; and
(3) construct additional ports of entry along the Southern
border and the Northern border.
(b) Consultation.--
(1) Locations for new ports of entry.--The Secretary shall
consult with the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of State, the International Boundary
and Water Commission, the International Joint Commission, and
appropriate representatives of States, local governments,
Indian tribes (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b)),
and property owners to--
(A) determine locations for new ports of entry; and
(B) minimize adverse impacts from such ports on the
environment, historic and cultural resources, commerce,
and quality of life for the communities and residents
located near such ports.
(2) Savings provision.--Nothing in this subsection may be
construed--
(A) to create any right or liability of the parties
described in paragraph (1);
(B) to affect the legality and validity of any
determination under this Act by the Secretary; or
(C) to affect any consultation requirement under
any other law.
SEC. 206. ADDITIONAL INCREASES IN IMMIGRATION ENFORCEMENT PERSONNEL.
(a) Immigration and Customs Enforcement Investigators.--Section
5203 of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3734) is amended by striking ``800'' and
inserting ``1000''.
(b) Additional Personnel.--In addition to the positions authorized
under section 5203 of the Intelligence Reform and Terrorism Prevention
Act of 2004, as amended by subsection (a), during each of the fiscal
years 2012 through 2016, the Secretary shall, subject to the
availability of appropriations, increase by not less than 50 the number
of positions for personnel within the Department assigned to
investigate alien smuggling.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
the fiscal years 2012 through 2016 to carry out this section.
SEC. 207. ADDITIONAL IMMIGRATION COURT PERSONNEL.
(a) Department of Justice.--
(1) Litigation attorneys.--In each of the fiscal years 2012
through 2016, the Attorney General, subject to the availability
of appropriations for such purpose, shall increase the number
of positions for attorneys in the Office of Immigration
Litigation of the Department of Justice by not fewer than 50.
(2) Immigration judges.--In each of the fiscal years 2012
through 2016, the Attorney General, subject to the availability
of appropriations for such purpose, shall--
(A) increase the number of full-time immigration
judges by not fewer than 20, compared to the number of
such positions for which funds were made available
during the preceding fiscal year; and
(B) increase the number of personnel to support the
immigration judges described in subparagraph (A) by not
fewer than 80, compared to the number of such positions
for which funds were made available during the
preceding fiscal year.
(3) Staff attorneys.--In each of fiscal years 2012 through
2016, the Attorney General, subject to the availability of
appropriations for such purpose, shall increase by not fewer
than 10--
(A) the number of positions for full-time staff
attorneys in the Board of Immigration Appeals, compared
to the number of such positions for which funds were
made available during the preceding fiscal year; and
(B) the number of positions for personnel to
support the staff attorneys described in subparagraph
(A), compared to the number of such positions for which
funds were made available during the preceding fiscal
year.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Attorney General for each of the
fiscal years 2012 through 2016 such sums as may be necessary to
carry out this subsection, including hiring necessary support
staff.
SEC. 208. IMPROVED TRAINING FOR BORDER SECURITY AND IMMIGRATION
ENFORCEMENT OFFICERS.
The Secretary shall ensure that U.S. Customs and Border Protection
agents, U.S. Border Patrol agents, U.S. Immigration and Customs
Enforcement agents, and Agricultural Inspectors stationed within 100
miles of any land or marine border of the United States or at any
United States port of entry receive appropriate training, which shall
be prepared in collaboration with the Office for Civil Rights and Civil
Liberties, in--
(1) identifying and detecting fraudulent travel documents;
(2) protecting the civil, constitutional, and privacy
rights of individuals, including the rights of detained
persons;
(3) limitations on the use of force, including lethal
force, against individuals apprehended or encountered while on
duty; and
(4) screening, identifying, and addressing vulnerable
populations, including children, victims of crime and human
trafficking, and individuals fleeing persecution or torture.
SEC. 209. INVENTORY OF ASSETS AND PERSONNEL.
(a) Inventory.--The Secretary shall compile an inventory of--
(1) the assets, equipment, supplies, and other physical
resources dedicated to border security and enforcement as of
the date of the enactment of this Act; and
(2) the personnel and other human resources dedicated to
border security and enforcement as of the date of the enactment
of this Act.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit the inventory required under
subsection (a) to--
(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;
(4) the Committee on Homeland Security of the House of
Representatives; and
(5) the Committee on Oversight and Government Reform of the
House of Representatives.
SEC. 210. U.S. CUSTOMS AND BORDER PROTECTION ASSETS.
(a) Personal Equipment.--
(1) Body armor.--The Secretary shall ensure that each
border patrol agent--
(A) is issued high-quality body armor that is
appropriate for the climate and risks faced by the
agent;
(B) is permitted to select body armor from among a
variety of approved brands and styles;
(C) is strongly encouraged to wear such body armor
whenever practicable; and
(D) is issued replacement body armor not less
frequently than once every 5 years.
(2) Weapons.--The Secretary shall ensure that--
(A) border patrol agents are equipped with weapons
that are reliable and effective to protect themselves,
their fellow agents, and innocent third parties from
the threats posed by armed criminals; and
(B) all agents are authorized to carry weapons that
are suited to the potential threats that they face.
(3) Uniforms.--The Secretary shall ensure that all agents
are provided, at no cost to such agents--
(A) all necessary uniform items, including
outerwear suited to the climate, footwear, belts,
holsters, and personal protective equipment; and
(B) replacement uniform items when such items
become worn or unserviceable or no longer fit properly.
(b) Helicopters and Power Boats.--
(1) Helicopters.--The Secretary shall--
(A) conduct a review of the helicopters needed by
the Border Patrol;
(B) acquire additional helicopters for the Border
Patrol if the Secretary determines that the existing
number of helicopters is insufficient; and
(C) ensure that appropriate types of helicopters
are procured for the various missions being performed.
(2) Power boats.--The Secretary shall--
(A) conduct a review of the power boats needed by
the Border Patrol;
(B) acquire additional power boats for the Border
Patrol if the Secretary determines that the existing
number of power boats is insufficient; and
(C) ensure that appropriate types of power boats
are procured for the waterways in which they are used
and the mission requirements.
(3) Use and training.--The Secretary shall--
(A) establish a standard policy on the use of the
helicopters and power boats procured under this
subsection; and
(B) implement training programs for the Border
Patrol agents who use such assets, including safe
operating procedures and rescue operations.
(c) Motor Vehicles.--
(1) Quantity.--The Secretary shall--
(A) conduct a review of the motor vehicles needed
by the Border Patrol;
(B) acquire additional, appropriate motor vehicles
for the Border Patrol if the Secretary determines that
the existing number of motor vehicles is insufficient;
and
(C) ensure that there are sufficient numbers and
types of other motor vehicles to support the mission of
the Border Patrol.
(2) Features.--All motor vehicles purchased for the Border
Patrol shall--
(A) be appropriate for the mission of the Border
Patrol; and
(B) have a panic button and a global positioning
system device that is activated solely in emergency
situations to track the location of agents in distress.
(d) Electronic Equipment.--
(1) Portable computers.--The Secretary shall ensure that
each police-type motor vehicle in the fleet of the Border
Patrol--
(A) is equipped with a portable computer with
access to all necessary law enforcement databases; and
(B) is otherwise suited to the unique operational
requirements of the Border Patrol.
(2) Radio equipment.--The Secretary shall augment the radio
communications system of the Border Patrol so that--
(A) all law enforcement personnel working in each
area where Border Patrol operations are conducted have
clear and encrypted 2-way radio communication
capabilities at all times; and
(B) each portable communications device is equipped
with a panic button and a global positioning system
device that is activated solely in emergency situations
to track the location of agents in distress.
(3) Handheld global positioning system devices.--If the
Secretary determines that each member of a class of Border
Patrol agents need a handheld global positioning system device
to effectively and safely carry out his or her duties, the
Secretary shall ensure that each such agent is issued such
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 2012
through 2016 to carry out this section.
SEC. 211. TECHNOLOGICAL ASSETS AND PROGRAMS.
(a) Acquisition.--Subject to the availability of appropriations for
such purpose, the Secretary shall procure additional unmanned aerial
systems, aircrafts, cameras, poles, ground sensors, and other
technologies necessary to achieve effective control of the land and
maritime borders of the United States.
(b) Unmanned Aircraft and Associated Infrastructure.--The Secretary
shall acquire and maintain unmanned aerial systems for use on the
border, including related equipment such as--
(1) additional sensors;
(2) critical spares;
(3) satellite command and control; and
(4) other necessary equipment for operational support.
(c) Privacy and Civil Liberties Assessments.--The Secretary, in
consultation with the Attorney General, shall conduct a privacy impact
assessment and a civil liberties impact assessment before deploying new
technologies acquired under this subsections (a) and (b).
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary such sums as may be necessary for each of the
fiscal years 2012 through 2016 to carry out subsections (a) and
(b).
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) shall remain available until expended.
(e) Surveillance Technologies Programs.--
(1) Aerial surveillance program.--
(A) In general.--In conjunction with the border
surveillance plan developed under section 5201 of the
Intelligence Reform and Terrorism Prevention Act of
2004 (8 U.S.C. 1701 note) and subject to the
availability of appropriations for such purpose, the
Secretary shall fully integrate and utilize aerial
surveillance technologies, including unmanned aerial
systems, that the Secretary determines to be necessary
to enhance the security of the Northern border and the
Southern border.
(B) Assessment and consultation requirements.--The
Secretary shall--
(i) consider current and proposed aerial
surveillance technologies;
(ii) 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;
(iii) consult with the Secretary of Defense
regarding any technologies or equipment which
the Secretary may deploy along a border of the
United States;
(iv) 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;
(v) consult with the Secretary of State
with respect to any foreign policy or
international law implications relating to the
implementation or conduct of the program; and
(vi) conduct a privacy impact assessment
and civil liberties impact assessment before
the deployment of the new technologies acquired
under this paragraph.
(C) Evaluation of technologies.--The aerial
surveillance program authorized under this paragraph
shall include the use of a variety of aerial
surveillance technologies in a variety of topographies
and areas, including populated and unpopulated areas
located on or near the international border of the
United States, to evaluate, for a range of
circumstances--
(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, civil liberties,
and privacy concerns relating to the
utilization of such technologies for border
security.
(D) Additional reviews.--In accordance with
sections 222 and 705 of the Homeland Security Act of
2002 (6 U.S.C. 142 and 345), the Chief Privacy Officer
and the Officer for Civil Rights and Civil Liberties
shall conduct additional reviews, as necessary.
(E) Continued use of aerial surveillance
technologies.--The Secretary may continue the operation
of aerial surveillance technologies in use on the date
of the enactment of this Act while assessing the
effectiveness of the utilization of such technologies.
(F) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2012 through
2016 to carry out this paragraph.
(2) Integrated and automated surveillance program.--
(A) Requirement for program.--Subject to the
availability of appropriations, the Secretary shall
establish a program to procure additional unmanned
aerial systems, cameras, poles, sensors, satellites,
radar coverage, and other technologies necessary--
(i) to achieve effective control of the
Northern border and the Southern border; and
(ii) to establish a security perimeter (to
be known as a ``virtual fence'') along the
Northern border and the Southern border to
provide a barrier to unauthorized immigration.
(B) Program components.--In carrying out the
program authorized under this paragraph, the Secretary,
to the maximum extent feasible, shall--
(i) utilize integrated technologies that
function cohesively in an automated fashion;
(ii) use a standard process to collect,
catalog, and report intrusion and response data
collected under the program;
(iii) ensure that future surveillance
technology investments and upgrades for the
program can be integrated with existing
systems;
(iv) develop and apply performance measures
to evaluate whether the program is providing
desired results by increasing response
effectiveness in monitoring and detecting
unauthorized intrusions along the Northern
border and the Southern border;
(v) develop plans, in accordance with
relevant environmental laws, to streamline site
selection, site validation, and environmental
assessment processes to minimize delays of
installing surveillance technology
infrastructure;
(vi) develop standards to expand the shared
use of existing private and governmental
structures to install remote surveillance
technology infrastructure to the extent
possible; and
(vii) develop standards to identify and
deploy the use of nonpermanent or mobile
surveillance platforms that will increase the
Secretary's mobility and ability to identify
unauthorized border intrusions.
(C) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2012 through
2016 to carry out this paragraph.
PART II--ENHANCED COORDINATION AND PLANNING FOR BORDER SECURITY
SEC. 216. ANNUAL REPORT ON IMPROVING NORTH AMERICAN SECURITY
INFORMATION EXCHANGE.
(a) Requirement for Reports.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the Secretary of
State, in coordination with the Secretary and the heads of other
appropriate Federal agencies, shall submit a report to Congress that
describes the progress made during the most recent 12-month period in
improving the effectiveness with which information relating to North
American security is exchanged between the Governments of the United
States, of Canada, and of Mexico.
(b) Contents.--
(1) Security clearances and document integrity.--Each
report submitted under subsection (a) shall describe the
development of common enrollment, security, technical, and
biometric standards for the issuance, authentication,
validation, and repudiation of secure documents, including--
(A) technical and biometric standards based on best
practices and consistent with international standards
for the issuance, authentication, validation, and
repudiation of travel documents, including--
(i) passports;
(ii) visas; and
(iii) permanent resident cards;
(B) the joint efforts of the United States, Canada,
and Mexico to encourage foreign governments to enact
laws that--
(i) combat alien smuggling and trafficking;
and
(ii) forbid the use and manufacture of
fraudulent travel documents; and
(C) efforts made to ensure that other countries
meet proper travel document standards and are committed
to travel document verification before the nationals of
such countries travel internationally, including travel
to the United States.
(2) Immigration and visa management.--Each report submitted
under subsection (a) shall describe the progress made in
sharing information regarding high-risk individuals who attempt
to enter the United States, Canada, or Mexico, including--
(A) implementing the Statement of Mutual
Understanding on Information Sharing, signed by Canada
and the United States in February 2003; and
(B) identifying and analyzing trends related to
immigration fraud, including asylum and document fraud.
(3) Visa policy coordination and immigration security.--
Each report submitted under subsection (a) shall describe the
progress made by the United States, Canada, and Mexico to
enhance North American security by cooperating on visa policy
and identifying best practices regarding immigration security,
including--
(A) enhancing consultation among officials who
issue visas at the consulates or embassies of the
United States, of Canada, or of Mexico, or throughout
the world to share information, trends, and best
practices on visa flows;
(B) comparing the procedures and policies of the
United States and Canada related to visitor visa
processing, including--
(i) application process;
(ii) interview policy;
(iii) general screening procedures;
(iv) visa validity;
(v) quality control measures; and
(vi) access to appeal or review;
(C) exploring methods for the United States,
Canada, and Mexico to waive visa requirements for
nationals and citizens of the same foreign countries;
(D) developing and implementing an immigration
security strategy for North America that utilizes a
common security perimeter by enhancing technical
assistance for programs and systems to support advance
automated reporting and risk targeting of international
passengers;
(E) real-time sharing of information on lost and
stolen passports among immigration or law enforcement
officials of the United States, Canada, and Mexico; and
(F) collecting 10 fingerprints from each individual
who applies for a visa.
(4) North american visitor overstay program.--Each report
submitted under subsection (a) shall describe the progress made
by the United States and Canada in implementing parallel entry-
exit tracking systems that--
(A) respect the privacy laws of both countries; and
(B) share information regarding third country
nationals who have overstayed their period of
authorized admission in the United States or Canada.
(5) Terrorist watch lists.--Each report submitted under
subsection (a) shall describe the capacity of the United States
to combat terrorism through the coordination of
counterterrorism efforts, including--
(A) developing and implementing bilateral
agreements between Canada and the United States and
between Mexico and the United States--
(i) to govern the sharing of terrorist
watch list data; and
(ii) to comprehensively enumerate the uses
of such data by the governments of each
country;
(B) establishing appropriate linkages among Canada,
Mexico, and the United States Terrorist Screening
Center;
(C) establishing a multilateral watch list
mechanism that would facilitate direct coordination
between the country that identifies individuals on a
watch list and the country that owns such list,
including procedures that satisfy security concerns,
comply with privacy laws, and are consistent with the
other laws of each participating country; and
(D) establishing transparent standards and
processes that enable innocent individuals to remove
their names from a watch list.
(6) Money laundering, currency smuggling, and alien
smuggling.--Each report submitted under subsection (a) shall
describe improvements made in information sharing and law
enforcement cooperation in combating organized crime,
including--
(A) combating currency smuggling, money laundering,
alien smuggling, and trafficking in alcohol, firearms,
and explosives;
(B) determining the feasibility of formulating a
firearms trafficking action plan between Mexico and the
United States;
(C) developing a joint threat assessment on
organized crime between Canada and the United States;
(D) determining the feasibility of formulating a
joint threat assessment on organized crime between
Mexico and the United States;
(E) developing mechanisms to exchange information
on findings, seizures, and capture of individuals
transporting undeclared currency; and
(F) developing and implementing a plan to combat
the transnational threat of illegal drug trafficking.
(7) Law enforcement cooperation.--Each report submitted
under subsection (a) shall describe enhancements in law
enforcement cooperation among the United States, Canada, and
Mexico, including--
(A) enhanced technical assistance for the
development and maintenance of a national database
built upon identified best practices to identify
suspected criminals or terrorists;
(B) the feasibility of establishing law enforcement
teams that include personnel from the United States and
Mexico; and
(C) the appropriate procedures for such
multinational teams.
SEC. 217. COOPERATION WITH THE GOVERNMENT OF MEXICO.
(a) Cooperation Regarding Border Security.--The Secretary of State,
in cooperation with the Secretary and representatives of Federal,
State, and local law enforcement agencies that are involved in border
security and immigration enforcement efforts, shall work with
appropriate officials of the Government of Mexico to improve
coordination between the United States and Mexico in--
(1) improving border security along the international
border between the United States and Mexico;
(2) reducing human trafficking and smuggling between the
United States and Mexico;
(3) reducing drug trafficking and smuggling between the
United States and Mexico;
(4) reducing gang membership in the United States and
Mexico;
(5) reducing violence against women in the United States
and Mexico; and
(6) reducing other violence and criminal activity.
(b) Cooperation Regarding Education on Immigration Laws.--The
Secretary of State, in cooperation with other appropriate Federal
officials, shall work with appropriate officials of the Government of
Mexico to educate citizens and nationals of Mexico regarding their
eligibility for nonimmigrant status in the United States to ensure that
such citizens and nationals are not exploited while working in the
United States.
(c) Cooperation Regarding Circular Migration.--The Secretary of
State, in cooperation with the Secretary of Labor and other appropriate
Federal officials, shall work with appropriate officials of the
Government of Mexico to encourage circular migration of citizens and
nationals of Mexico, including--
(1) assisting in the development of economic opportunities;
and
(2) providing job training for such citizens and nationals.
(d) Consultation Requirement.--The Secretary, in cooperation with
State and local government officials in the United States, shall
cooperate with their counterparts in Mexico to enhance border security
structures along the international border between the United States and
Mexico, as authorized by this title, by--
(1) soliciting the views of affected communities;
(2) lessening tensions; and
(3) fostering greater understanding and stronger
cooperation on border security structures and other important
security issues of mutual concern.
(e) Annual Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall submit a report to Congress that describes the actions taken by
the United States and Mexico pursuant to this section.
SEC. 218. EXPANSION OF COMMERCE SECURITY PROGRAMS.
(a) Customs-trade Partnership Against Terrorism.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commissioner, U.S. Customs and
Border Protection, in consultation with the Secretary, shall
develop a plan to expand the programs of the Customs-Trade
Partnership Against Terrorism established pursuant to section
211 of the SAFE Port Act (6 U.S.C. 961), including adding
additional personnel for such programs along the Northern
border and the Southern border.
(2) C-TPAT programs.--The programs referred to in paragraph
(1) include--
(A) the Business Anti-Smuggling Coalition;
(B) the Carrier Initiative Program;
(C) the Americas Counter Smuggling Initiative;
(D) the Container Security Initiative established
pursuant to section 205 of the SAFE Port Act (6 U.S.C.
945);
(E) the Free and Secure Trade Initiative; and
(F) other industry partnership programs
administered by the Commissioner.
(b) Demonstration Programs.--Not later than 180 days after the date
of the enactment of this Act, the Commissioner shall--
(1) implement, on a demonstration basis, a Customs-Trade
Partnership Against Terrorism program, which has been
successfully implemented along the Northern border and the
Southern border; and
(2) establish a demonstration program to develop a
cooperative trade security system to improve supply chain
security.
SEC. 219. NORTHERN BORDER AND SOUTHERN BORDER DRUG PROSECUTION
INITIATIVE.
(a) Reimbursement to State and Local Prosecutors for Prosecuting
Federally Initiated Drug Cases.--Subject to the availability of
appropriations, the Attorney General shall reimburse State and county
prosecutors located in States along the Northern border or the Southern
border for prosecuting federally initiated and referred drug cases.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2012 through 2016 to carry out subsection (a).
SEC. 220. BORDER RELIEF GRANT PROGRAM.
(a) Grants Authorized.--
(1) In general.--The Attorney General may award grants, on
a competitive basis, to--
(A) eligible law enforcement agencies or a
coalition of such agencies, including sheriff's
offices, police departments, and tribal police
departments; and
(B) institutions of higher education that provide
assistance to law enforcement agencies in counties
described in subparagraph (A) or (B) of subsection
(e)(1) to provide the resources described in subsection
(b)(4).
(2) Priority.--In awarding grants for the uses described in
paragraphs (1) through (3) of subsection (b), the Attorney
General shall give priority to law enforcement agencies--
(A) located in a county that is within 100 miles
from the Northern border or the Southern border; and
(B) that are in compliance with Federal and State
racial profiling laws and guidelines.
(3) Duration.--Grants awarded under this section may not
exceed 2 years.
(4) Subsequent grants.--A grantee desiring continued grant
funding after the expiration of the initial grant shall reapply
for such funding.
(5) Prohibition.--The Attorney General may not award a
grant under this section to any applicant that is under
investigation for a violation of Federal or State racial
profiling laws or guidelines.
(b) Use of Funds.--Grants awarded under this section may only be
used to provide--
(1) additional resources for eligible law enforcement
agencies to address drug-related criminal activity;
(2) training and technical assistance related to--
(A) narcotics-related kidnaping negotiation and
rescue tactics;
(B) intelligence and information sharing on drug
trafficking organizations; and
(C) the interdiction of narcotics, weapons, and
illegal drug proceeds;
(3) resources to combat criminal activities along the
Northern border and the Southern border by--
(A) obtaining, upgrading, or maintaining equipment;
(B) hiring additional personnel;
(C) reimbursing operational expenditures, including
overtime and transportation costs; and
(D) providing other assistance necessary to address
drug-related criminal activity;
(4) resources to facilitate information sharing and
collaboration by--
(A) establishing, maintaining, or enhancing multi-
jurisdictional intelligence gathering and sharing
activities;
(B) facilitating regional crime prevention and
reduction efforts; and
(C) strengthening partnerships between Federal,
State, tribal, and local law enforcement agencies; and
(5) resources to enhance jails, community corrections, and
detention operations by--
(A) improving the administration and operations of
correction functions related to reducing and preventing
criminal narcotics activity;
(B) improving access to intelligence and
collaboration between law enforcement and correctional
system personnel;
(C) reducing the recidivism rates of drug
offenders; and
(D) hiring detention, probation, parole, and other
corrections personnel for implementation of the efforts
described in this paragraph.
(c) Application.--
(1) In general.--Each eligible law enforcement agency or
coalition of such agencies seeking a grant under this section
shall submit an application to the Attorney General at such
time, in such manner, and accompanied by such information as
the Attorney General may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall--
(A) describe the activities for which assistance
under this section is sought;
(B) disclose whether the applicant has been
investigated for, or convicted of, a violation of
Federal or State racial profiling laws; and
(C) provide such additional assurances as the
Attorney General determines to be essential to ensure
compliance with this section.
(d) Monitoring and Oversight.--
(1) In general.--Each grantee under this section shall
submit a report to the Attorney General that documents the use
of grant funds received under this section, including an
assessment of their utility in--
(A) protecting border community safety;
(B) preventing smuggling activities; and
(C) apprehending persons involved in violence and
organized crime.
(2) Use of information.--The Attorney General shall analyze
the information contained in the reports submitted under
paragraph (1) to determine whether the grantee--
(A) used grant funds appropriately; and
(B) should be considered for a renewal grant.
(e) Definitions.--In this section:
(1) Eligible law enforcement agency.--The term ``eligible
law enforcement agency'' means a State, tribal, or local law
enforcement agency, including a community corrections agency
and any agency that employs prosecutors, probation officers, or
parole officers, which is located or performs duties in--
(A) a county that is not more than 100 miles from a
United States border with Mexico;
(B) a county that is not more than 100 miles from a
United States border with Canada; or
(C) a jurisdiction that has been designated by the
Director of the Office of Drug Control Policy as a High
Intensity Drug Trafficking Area.
(2) High intensity drug trafficking area.--The term ``High
Intensity Drug Trafficking Area'' means any jurisdiction so
designated by the National Drug Control Program under section
707 of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1706).
(f) Assessment and Report.--The Attorney General shall submit a
biannual report to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives that
assesses--
(1) the success of the grant program established under this
section in combating and reducing drug-trafficking and drug-
related criminal activity;
(2) the cost-effectiveness of the program; and
(3) the future value and viability of the program.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$100,000,000 for each of the fiscal years 2012 through 2016 to
carry out this section.
(2) Allocation of authorized funds.--Of the amounts
appropriated pursuant to paragraph (1)--
(A) not more than 33 percent may be set aside for
High Intensity Drug Trafficking Areas; and
(B) not more than 30 percent may be used for
activities described in paragraphs (2) and (5) of
subsection (b).
(3) Supplement not supplant.--Amounts appropriated for
grants pursuant to paragraph (1) shall be used to supplement,
and not to supplant, other State, tribal, and local public
funds obligated for the purposes described in subsection (b).
SEC. 221. REPORT ON DEATHS AND STRATEGY STUDY.
(a) In General.--The Commissioner of U.S. Customs and Border
Protection shall--
(1) collect statistics relating to deaths occurring at the
Southern border, including--
(A) the causes of the deaths; and
(B) the total number of deaths;
(2) publish the statistics collected under paragraph (1) on
a quarterly basis; and
(3) not later than 1 year after the date of the enactment
of this Act, and annually thereafter, submit a report to the
Secretary that--
(A) analyzes trends with respect to the statistics
collected under paragraph (1) during the preceding
year; and
(B) recommends actions to reduce and prevent the
deaths described in paragraph (1)(B).
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2012 through 2016 to carry out this section.
SEC. 222. IMMIGRATION AND UNITED STATES-MEXICO BORDER ENFORCEMENT
COMMISSION.
(a) Establishment of Commission.--
(1) In general.--There is established an independent
commission to be known as the Immigration and United States-
Mexico Border Enforcement Commission (referred to in this
section as the ``Commission'').
(2) Purposes.--The purposes of the Commission are--
(A) to study the overall enforcement strategies,
programs, and policies of Federal agencies along the
Southern border, including the Department, the
Department of Justice, and other relevant agencies;
(B) to strengthen relations and collaboration
between communities in the border regions and the
Department, the Department of Justice, and other
Federal agencies that carry out such strategies,
programs, and policies;
(C) to ensure that the strategies, programs, and
policies of Federal agencies along the Southern border
and the agents and employees charged to implement such
strategies, programs, and policies protect the due
process, civil, and human rights of all individuals and
communities at and near the Southern border; and
(D) to make recommendations to the President and
Congress with respect to such strategies, programs, and
policies.
(3) Membership.--
(A) In general.--The Commission shall be composed
of 16 voting members and 2 nonvoting members.
(B) Appointment of voting members.--The Governors
of the States of California, New Mexico, Arizona, and
Texas shall each appoint 4 voting members to the
Commission, of whom--
(i) 1 shall be a local elected official
from the State's border region;
(ii) 1 shall be a local law enforcement
official from the State's border region; and
(iii) 2 shall be from the State's
communities of academia, religious leaders,
civic leaders or community leaders.
(C) Appointment of nonvoting members.--The
Secretary and the Attorney General shall each appoint 1
nonvoting member to the Commission.
(4) Qualifications.--
(A) In general.--Members of the Commission shall
be--
(i) individuals with expertise in
migration, border enforcement and protection,
civil and human rights, community relations,
cross-border trade and commerce, or other
pertinent qualifications or experience; and
(ii) representative of a broad cross
section of perspectives from the region along
the Southern border.
(B) Political affiliation.--Not more than 2 members
of the Commission appointed by each Governor under
paragraph (3)(B) may be members of the same political
party.
(C) Nongovernmental appointees.--An individual
appointed as a voting member to the Commission may not
be an officer or employee of the Federal Government.
(5) Deadline for appointment.--All members of the
Commission shall be appointed not later than 6 months after the
date of the enactment of this Act. If any member of the
Commission described in paragraph (3)(A) is not appointed by
such date, the Commission shall carry out its duties under this
section without the participation of such member.
(6) Term of service.--Members of the Commission shall be
appointed for terms lasting not longer than the shorter of--
(A) 3 years; or
(B) the life of the Commission.
(7) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(8) Meetings.--
(A) Initial meeting.--The Commission shall meet and
begin the operations of the Commission as soon as
practicable.
(B) Subsequent meetings.--After its initial
meeting, the Commission shall meet upon the call of the
Chairman or a majority of its members.
(C) Outreach.--The Commission shall formulate and
implement an effective outreach strategy to border
communities.
(9) Quorum.--Nine members of the Commission shall
constitute a quorum.
(10) Chair and vice chair.--The voting members of the
Commission shall elect a Chairman and Vice Chairman from among
its members, who shall serve in such capacities for the life of
the Commission or until removed by the majority vote of a
quorum.
(11) Structure.--The Commission shall have a Federal,
regional, and local review structure, divided into 2
subcommittees, of which--
(A) 1 shall focus on border technology, equipment,
and infrastructure; and
(B) 1 shall focus on border and immigration
enforcement policies and programs.
(b) Duties.--The Commission shall review, examine, and make
recommendations regarding immigration and border enforcement policies,
strategies, and programs, including recommendations regarding--
(1) the compliance of the Department and other immigration
and border-related agencies with existing laws and regulations;
(2) the extent to which agency policies and practices
protect the civil rights of migrants and border community
residents, including policies and practices relating to
engagement, detention, apprehension, use of force, definition
and use of reasonable suspicion and probable cause, and racial
profiling;
(3) the frequency, adequacy, and effectiveness of human and
civil rights training of border enforcement personnel and
others from Federal agencies who have contact with the public
near the Southern border;
(4) the extent to which--
(A) the complaint process is transparent and
accessible to the public;
(B) investigations are opened as necessary and are
effectively pursued; and
(C) complaints are resolved in a timely and
transparent manner;
(5) the effectiveness and capacity of agency oversight,
accountability, and management, including prevention and
disciplinary policies involving use of force, abuse,
malfeasance, corruption, and illegal activity;
(6) the effect of operations, technology, and enforcement
infrastructure along the Southern border on the--
(A) environment;
(B) cross border traffic and commerce;
(C) privacy rights and other civil liberties; and
(D) the quality of life of border communities;
(7) the extent to which State and local law enforcement
engage in the enforcement of Federal immigration law;
(8) the extent of compliance with due process standards and
equal protection of the law for immigrants and other
individuals at and near the Southern border;
(9) whether border policies and agencies are accomplishing
their stated goals; and
(10) any other matters regarding immigration and border
enforcement policies, strategies, and programs that the
Commission determines to be appropriate.
(c) Powers of Commission.--
(1) Hearings and evidence.--The Commission and any
subcommittee or member of the Commission authorized by the
Commission may, for the purpose of carrying out this title--
(A) hold hearings, sit and act, take testimony,
receive evidence, and administer oaths; and
(B) request the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents, as
the Commission or such authorized subcommittee or
member determines to be advisable.
(2) Recommendations.--
(A) In general.--The Commission may make
recommendations to the Secretary on the disposition of
cases and the discipline of personnel under the
Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(B) Response.--Not later than 180 days after
receipt a report from the Commission, the Secretary
shall issue a response that describes how the
Department, the Department of Justice, and the
Department of Defense have addressed the
recommendations included in such report.
(3) Contracting.--The Commission may enter into contracts
to enable the Commission to discharge its duties under this
title.
(4) Information from federal agencies.--
(A) In general.--Upon request made by the Chairman,
the chairman of any subcommittee created by a majority
of the Commission, or any member designated by a
majority of the Commission, the Commission may secure
information, suggestions, estimates, and statistics for
the purposes of this title directly from any executive
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality of the
Federal Government, which shall, to the extent
authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission.
(B) Receipt, handling, storage, and
dissemination.--Information may only be received,
handled, stored, and disseminated by members of the
Commission and its staff in accordance with all
applicable statutes, regulations, and Executive orders.
(5) Assistance from federal agencies.--
(A) General services administration.--The
Administrator of General Services shall provide, on a
reimbursable basis, administrative support to the
Commission and other services required for the
performance of the Commission's functions.
(B) Other departments and agencies.--In addition to
the assistance described in paragraph (1), Federal
departments and agencies may provide the Commission
with such services, funds, facilities, staff, and other
support services as may be authorized by law.
(6) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(d) Compensation.--
(1) In general.--Members of the Commission shall serve
without pay.
(2) Reimbursement of expenses.--All members of the
Commission shall be reimbursed for reasonable travel expenses
and subsistence, and other reasonable and necessary expenses
incurred by them in the performance of their duties.
(e) Training.--The Commission shall establish a process and
criteria by which Commission members receive orientation and training
on human, constitutional, and civil rights.
(f) Report.--Not later than 2 years after the date of the meeting
called pursuant to subsection (a)(8)(A), the Commission shall submit a
report to the President and Congress that contains--
(1) findings with respect to the duties of the Commission;
(2) recommendations regarding border and immigration
enforcement policies, strategies, and programs;
(3) suggestions for the implementation of the Commission's
recommendations;
(4) a recommendation as to whether the Commission should
continue to operate after the sunset date set forth in
subsection (h); and
(5) if continued operations are recommended under paragraph
(4), a description of the purposes and duties recommended to be
carried out by the Commission after the sunset date set forth
in subsection (h).
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2012 through 2014 to carry out this section.
(h) Sunset.--Unless the Commission is authorized by Congress to
continue operations after such date, the Commission shall terminate on
the date that is 60 days after the date on which the Commission submits
the report described in subsection (f).
SEC. 223. PREEMPTION.
(a) In General.--Except as provided in subsections (b) and (c),
this Act preempts any State or local law, licensing requirement, or
other standard, requirement, action or instrument that--
(1) discriminates among persons on the basis of immigration
status; or
(2) imposes any sanction or liability--
(A) on any person based on his or her immigration
status;
(B) on any person or entity based on the
immigration status of its clients, employees, tenants,
or other associates; or
(C) based on a violation or alleged violation of
immigration law.
(b) Effect of Conviction.--Notwithstanding subsection (a)(2)(C), a
State or political subdivision of a State may take account of a Federal
conviction for an immigration-related crime in the same manner as any
other Federal criminal conviction.
(c) Limitation.--Nothing in this Act may be construed to preempt--
(1) State or local discrimination based on immigration
status if such discrimination is explicitly authorized by
Federal law; or
(2) State or local citizenship requirements for voting,
jury service, elective office, or other important governmental
positions, to the extent such requirements comply with the
Constitution of the United States.
(d) Defined Term.--In this section, the term ``immigration status''
refers to a person's--
(1) actual or perceived present or previous visa
classification, refugee status, temporary protected status,
status as an immigrant lawfully admitted for permanent
residence, lawful presence, work authorization, or other
classification or category authorized under this Act; and
(2) lack of any status referred to in paragraph (1).
SEC. 224. INHERENT AUTHORITY.
Section 287(g) (8 U.S.C. 1357(g)) is amended by striking paragraph
(10) and inserting the following:
``(10) Except as provided in sections 103(a)(10), 103(a)(11),
242(c), and 274(c), or an agreement under this subsection, the
authority to investigate, identify, apprehend, arrest, or detain
persons for any violation of this Act or any regulation issued pursuant
to this Act--
``(A) is restricted to immigration officers and employees
of the Department of Homeland Security; and
``(B) is subject to the specific limitations set forth in
this Act.
``(11)(A) Not later than 60 days after the end of each fiscal year,
the Secretary of Homeland Security shall--
``(i) review the compliance of the State or local
government with the terms of each agreement under this
subsection; and
``(ii) prepare a written report that contains the results
of the compliance review and any recommendations to improve
compliance with such agreement.
``(B) Not later than 120 days after date on which recommendations
are issued under subparagraph (A)(ii), the Secretary shall--
``(i) review the implementation of such recommendations;
and
``(ii) inform the State or local government of any
unresolved recommendations.
``(C) If 1 or more of the recommendations issued under subparagraph
(A)(ii) remain unresolved at the time of the subsequent annual
compliance review, the Secretary shall immediately terminate the State
or local government's agreement under this subsection.''.
SEC. 225. BORDER PROTECTION STRATEGY.
(a) In General.--Not later than July 1, 2012, the Secretary, the
Secretary of the Interior, the Secretary of Agriculture, the Secretary
of Defense, and the Secretary of Commerce, in consultation with State,
tribal, and local government officials, shall jointly develop and
submit to Congress a border protection strategy for the Northern border
and the Southern border.
(b) Elements of the Strategy.--The strategy developed under
subsection (a) shall include--
(1) a comparative analysis of the levels of border
security, based on auditable and verifiable data, achievable
through alternative tactical infrastructure and other security
measures, including an assessment of--
(A) pedestrian fencing;
(B) vehicle barriers, especially in the vicinity of
existing or planned roads;
(C) additional Border Patrol agents;
(D) efficacy of natural barriers and open space in
response to unauthorized or unlawful border crossing;
(E) fielding of advanced remote sensing and
information integration technology, including the use
of--
(i) unmanned aerial vehicles;
(ii) other advanced technologies and
systems developed and employed, or under
development, for tactical surveillance,
multisource information integration, and
response analysis in difficult terrain and
under adverse environmental conditions;
(F) regional, urban, and rural variation in border
security methodologies, including the incorporation of
natural barriers;
(G) enhanced cooperation with, and assistance to,
intelligence, security, and law enforcement agencies in
Canada and Mexico in detecting, reporting, analyzing,
and successfully responding to unauthorized or unlawful
border crossings from or into Canada or Mexico; and
(H) removal of obstructive nonnative vegetation;
(2) a comprehensive analysis of cost and other impacts of
security measures assessed in paragraph (1), including an
assessment of--
(A) land acquisition costs, including related
litigation and other costs;
(B) construction costs, including labor and
material costs;
(C) maintenance costs for the next 25 years;
(D) contractor costs;
(E) management and overhead costs;
(F) the impacts on wildlife, wildlife habitat,
natural communities, and functioning cross-border
wildlife migration corridors and hydrology (including
water quantity, quality, and natural hydrologic flows)
on Federal, State, tribal, local government, and
private lands along the Northern border and the
Southern border; and
(G) the costs of fully mitigating the adverse
impacts to Federal, State, tribal, local, and private
lands, waters (including water quality, quantity, and
hydrological flows), wildlife, and wildlife habitats,
including, if such action is possible, the full costs
of the replacement or restoration of severed wildlife
migration corridors with protected corridors of
equivalent biological functionality, as determined by
each Secretary concerned, in consultation with
appropriate authorities of State, tribal, and local
governments and appropriate authorities of the
Government of Canada and the Government of Mexico;
(3) a comprehensive compilation of the fiscal investments
in acquiring or managing Federal, State, tribal, local, and
private lands and waters in the vicinity of, or ecologically
related to, the land borders of the United States that have
been acquired or managed in whole or in part for conservation
purposes (including the creation or management of protected
wildlife migration corridors) in--
(A) units of the National Park System;
(B) National Forest System land;
(C) land under the jurisdiction of the Bureau of
Land Management;
(D) land under the jurisdiction of the United
States Fish and Wildlife Service;
(E) other relevant land under the jurisdiction of
the Department of the Interior or the Department of
Agriculture;
(F) land under the jurisdiction of the Department
of Defense or any military department;
(G) land under the jurisdiction of the Department
of Commerce;
(H) tribal lands;
(I) State and private lands; and
(J) lands within Canada or Mexico; and
(4) recommendations for strategic border security
management based on--
(A) comparative security described in paragraph
(1);
(B) the cost-benefit analysis described in
paragraph (2); and
(C) the protection of investments in the lands
specified in paragraph (3).
(c) Training.--
(1) Required training.--The Secretary, in cooperation with
the Secretary concerned, shall provide--
(A) natural resource protection training for U.S.
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 U.S. 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 paragraph (1)(A), the Secretary shall coordinate
with the Secretary concerned and the relevant tribal government
to ensure that such training--
(A) is appropriate to the mission of the relevant
agency; and
(B) is focused on achieving border security
objectives while avoiding or minimizing the adverse
impact on natural and cultural resources resulting from
border security tactical infrastructure, operations, or
other activities.
(d) Defined Term.--In this section, the term ``Secretary
concerned'' means--
(1) the Secretary of Agriculture, with respect to land
under the jurisdiction of the Secretary of Agriculture;
(2) the Secretary of the Interior, with respect to land
under the jurisdiction of the Secretary of the Interior;
(3) the Secretary of Defense, with respect to land under
the jurisdiction of the Secretary of Defense or the secretary
of a military department; and
(4) the Secretary of Commerce, with respect to land under
the jurisdiction of the Secretary of Commerce.
SEC. 226. BORDER COMMUNITIES LIAISON OFFICE.
(a) Establishment.--The Secretary shall establish, in consultation
with the Office of Civil Rights and Civil Liberties, a Border
Communities Liaison Office in every Border Patrol sector on the
Southern border or the Northern border.
(b) Purpose.--The purpose of the Border Communities Liaison Office
shall be--
(1) to foster and institutionalize consultation with border
communities;
(2) to consult with border communities on--
(A) agency policies, directives, and laws;
(B) agency strategies and strategy development; and
(C) agency services and operational issues;
(3) to receive assessments on agency performance from
border communities; and
(4) to receive complaints regarding agency performance and
agent conduct.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary in each of the fiscal years
2012 through 2016 to carry out this section.
SEC. 227. 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 2012 through 2016 to carry out this part.
(b) International Agreements.--Amounts appropriated pursuant to
subsection (a) may be used to implement projects that are authorized
under this part and are described in--
(1) the Declaration on Embracing Technology and Cooperation
to Promote the Secure and Efficient Flow of People and Commerce
across our Shared Border between the United States and Mexico,
agreed to March 22, 2002, Monterrey, Mexico; or
(2) the Smart Border Declaration between the United States
and Canada, agreed to December 12, 2001, Ottawa, Canada.
Subtitle B--Interior Enforcement
PART I--PREVENTING UNAUTHORIZED ENTRIES AND ENSURING REMOVAL
SEC. 235. US-VISIT SYSTEM.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary, in consultation with the heads of
other appropriate Federal agencies, shall submit to Congress a schedule
for--
(1) equipping all ports of entry of the United States with
the United States-Visitor and Immigrant Status Indicator
Technology system (referred to in this section as ``US-VISIT'')
implemented under section 110 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a),
including all necessary changes to infrastructure at the ports
of entry to fully deploy US-VISIT;
(2) developing and deploying the exit component of US-VISIT
at such ports of entry; and
(3) making interoperable all immigration screening systems
operated by the Secretary.
(b) Visa Exit Tracking System.--Not later than 18 months after the
date of the enactment of this Act, the Secretary shall establish and
deploy a system capable of recording the departure of aliens admitted
on temporary nonimmigrant visas under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.)--
(1) at designated ports of entry; and
(2) in coordination with the Secretary of State, at
designated United States consulates.
SEC. 236. ILLEGAL ENTRY AND REENTRY.
(a) Illegal Entry.--Section 275(b) (8 U.S.C. 1325(b)) is amended to
read as follows:
``(b) Improper Time or Place; Civil Penalties.--Any alien older
than 18 years of age who is apprehended while entering or attempting to
enter, or knowingly crossing or attempting to cross the border to, the
United States at a time or place that has not been designated as a
lawful entry by immigration officers shall be subject to a civil
penalty, in addition to any criminal or other civil penalties that may
be imposed under any other provision of law, in an amount equal to--
``(1) not less than $250 or more than $500 for each such
entry or attempted entry; or
``(2) twice the amount specified in paragraph (1), if the
alien had previously been subject to a civil penalty under this
subsection.''.
(b) Illegal Reentry.--Section 276 (8 U.S.C. 1326) is amended to
read as follows:
``SEC. 276. REENTRY OF REMOVED ALIENS.
``(a) Reentry After Removal.--Any alien who has been denied
admission, excluded, deported, or removed, or who has departed the
United States while an order of exclusion, deportation, or removal is
outstanding, and subsequently enters, attempts to enter, crosses the
border to, attempts to cross the border to, or is at any time found in
the United States, shall be fined under title 18, United States Code,
imprisoned not more than 2 years, or both.
``(b) Reentry of Criminal Offenders.--In addition to the penalty
provided in subsection (a), any alien described in that subsection--
``(1) whose removal was subsequent to a conviction for 3 or
more misdemeanors involving drugs or crimes against the person,
or a felony for which the alien was sentenced to a term of
imprisonment of more than 12 months before such removal or
departure, shall be fined under title 18, United States Code,
imprisoned not more than 10 years, or both;
``(2) whose removal was subsequent to a conviction for a
felony involving drugs or crimes against the person before such
removal or departure for which the alien was sentenced to a
term of imprisonment of not less than 30 months, shall be fined
under such title 18, imprisoned not more than 10 years, or
both;
``(3) who has been excluded from the United States pursuant
to section 235(c) because the alien was excludable under
section 212(a)(3)(B) or has been removed from the United
States, and who thereafter, without the permission of the
Attorney General, enters the United States, or attempts to do
so, shall be fined under title 18, United States Code, and
imprisoned for a period of 10 years, which sentence shall not
run concurrently with any other sentence;
``(4) who was removed from the United States pursuant to
section 241(a)(4)(B) and who thereafter, without the permission
of the Attorney General, enters, attempts to enter, or is at
any time found in, the United States (unless the Attorney
General has expressly consented to such alien's reentry) shall
be fined under title 18, United States Code, imprisoned for not
more than 10 years, or both;
``(5) whose removal was subsequent to a conviction for an
aggravated felony before such removal or departure for which
the alien was sentenced to a term of imprisonment of not less
than 60 months, shall be fined under such title 18, imprisoned
not more than 20 years, or both; or
``(6) was convicted for 3 felonies before such removal or
departure, shall be fined under such title 18, imprisoned not
more than 25 years, or both.
``(c) Proof of Prior Convictions.--The prior convictions described
in subsection (b) are elements of the crimes described in that
subsection. The penalties set forth in subsection (b) shall apply only
in cases in which the conviction or convictions that form the basis for
the additional penalty are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(d) Affirmative Defenses.--It shall be an affirmative defense to
a violation of this section if--
``(1) the alien sought and received the express consent of
the Secretary of Homeland Security to reapply for admission
into the United States before the alleged violation occurred;
``(2) with respect to an alien previously denied admission
and removed, the alien--
``(A) was not required to obtain such advance
consent under this Act; and
``(B) had complied with all other laws and
regulations governing the alien's admission into the
United States; or
``(3) the prior order of removal was based on charges filed
against the alien before the alien reached 18 years of age.
``(e) Limitation on Collateral Attack on Underlying Removal
Order.--In a criminal proceeding under this section, an alien may not
challenge the validity of the order described in subsection (a) or (b)
unless the alien demonstrates that--
``(1) the alien exhausted any administrative remedies that
may have been available to seek relief against the order;
``(2) the removal proceedings at which the order was issued
improperly deprived the alien of the opportunity for judicial
review; and
``(3) the entry of the order was fundamentally unfair.
``(f) Re-entry of Alien Removed Prior to Completion of Term of
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
enters, attempts to enter, crosses the border to, attempts to cross the
border to, or is at any time found in, the United States--
``(1) shall be incarcerated for the remainder of the
sentence of imprisonment which was pending at the time of
deportation without any reduction for parole or supervised
release unless the alien affirmatively demonstrates that the
Secretary of Homeland Security has expressly consented to the
alien's reentry or the alien is prima facie eligible for
protection from removal; and
``(2) shall be subject to such other penalties relating to
the reentry of removed aliens as may be available under this
section or any other provision of law.
``(g) Limitation.--An individual, acting without compensation or
the expectation of compensation, is not aiding and abetting a violation
of this section by--
``(1) providing, or attempting to provide, an alien with
humanitarian assistance, including emergency medical care or
food; or
``(2) transporting the alien to a location where such
humanitarian assistance can be rendered without compensation or
the expectation of compensation.''.
SEC. 237. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED
STATES UNLAWFULLY.
Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amended--
(1) in clause (i), by striking ``seeks admission within 5
years of the date of such removal (or within 20 years'' and
inserting ``seeks admission not later than 5 years after the
date of the alien's removal (or not later than 20 years after
the alien's removal''; and
(2) in clause (ii), by striking ``seeks admission within 10
years of the date of such alien's departure or removal (or
within 20 years of'' and inserting ``seeks admission not later
than 10 years after the date of the alien's departure or
removal (or not later than 20 years after''.
SEC. 238. BIOMETRIC SCREENING.
Section 212 (8 U.S.C. 1182) is amended--
(1) in subsection (a)(7), by adding at the end the
following:
``(C) Withholding information.--Except as provided
in subsection (d)(2), any alien who, through his or her
own fault, fails or has failed to comply with a lawful
request for biometric information is inadmissible.'';
and
(2) in subsection (d), by inserting after paragraph (1) the
following:
``(2) The Secretary may waive the application of subsection
(a)(7)(C) for an individual alien or a class of aliens. A decision by
the Secretary to grant or deny a waiver under this paragraph shall not
be subject to review.''.
SEC. 239. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.
(a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--If an alien is not removable under
paragraph (2)(A)(iii) or (4) of section 237(a)--
``(A) the Secretary of Homeland Security may permit
the alien to voluntarily depart the United States at
the alien's own expense under this subsection instead
of being subject to proceedings under section 240; or
``(B) the Attorney General may permit the alien to
voluntarily depart the United States at the alien's own
expense under this subsection after the initiation of
removal proceedings under section 240 and before the
conclusion of such proceedings before an immigration
judge.'';
(B) in paragraph (2), by amending subparagraph (A)
to read as follows:
``(A) In general.--
``(i) Instead of removal.--Subject to
subparagraph (B), the Secretary of Homeland
Security--
``(I) may not grant an alien
permission to voluntarily depart the
United States under paragraph (1)(A)
for a period exceeding 180 days; and
``(II) may require such alien to
post a voluntary departure bond, which
shall be surrendered upon proof that
the alien has departed the United
States within the time specified in
such bond.
``(ii) Before the conclusion of removal
proceedings.--
``(I) Limitation.--The Attorney
General--
``(aa) may not grant an
alien permission to voluntarily
depart under paragraph (1)(B)
for a period exceeding 90 days;
and
``(bb) may only grant such
permission after determining
that the alien has the means to
depart the United States and
intends to do so.
``(II) Voluntary departure bond.--
An immigration judge may--
``(aa) require an alien
permitted to voluntarily depart
under paragraph (1)(B) to post
a voluntary departure bond, in
an amount necessary to ensure
that the alien will depart,
which shall be surrendered upon
proof that the alien has
departed the United States
within the time specified in
such bond; and
``(bb) waive the
requirement to post a voluntary
departure bond after
determining that the alien has
presented--
``(AA) compelling
evidence that the
posting of a bond will
pose a serious
financial hardship; and
``(BB) credible
evidence that such a
bond is unnecessary to
guarantee timely
departure.'';
(C) by striking paragraph (3); and
(D) by redesignating paragraph (4) as paragraph
(3);
(2) by amending subsection (c) to read as follows:
``(c) Conditions on Voluntary Departure.--
``(1) Voluntary departure agreement.--Voluntary departure
under this section may only be granted as part of an
affirmative agreement by the alien.
``(2) Concessions by the secretary.--In connection with the
alien's agreement to voluntarily depart under paragraph (1)(A),
the Secretary of Homeland Security may reduce the period of
inadmissibility under subparagraph (A) or (B)(i) of section
212(a)(9).
``(3) Advisals.--Agreements relating to voluntary departure
granted during removal proceedings under section 240, or at the
conclusion of such proceedings, shall be presented on the
record before the immigration judge, who shall advise the alien
of the consequences of a voluntary departure agreement,
including the consequences of failing to comply with the
agreement, before accepting such agreement.
``(4) Failure to comply with agreement.--If an alien who
has agreed to voluntarily depart under this section fails to
depart the United States within the time allowed for voluntary
departure or fails to comply with any other terms of the
agreement (including failure to timely post any required bond),
unless such noncompliance is through no fault of the alien, the
alien is--
``(A) ineligible for the benefits of the agreement;
``(B) subject to the penalties described in
subsection (d); and
``(C) subject to an alternate order of removal if
voluntary departure was granted under subsection
(a)(1)(B) or (b).
``(5) Voluntary departure period not affected.--Except as
expressly agreed to by the Secretary of Homeland Security in
writing before the expiration of the period allowed for
voluntary departure, no motion, appeal, application, petition,
or petition for review shall affect, reinstate, enjoin, delay,
stay, or toll the alien's obligation to depart from the United
States during the period agreed to by the alien and the
Secretary.'';
(3) by amending subsection (d) to read as follows:
``(d) Penalties for Failure to Depart.--
``(1) Civil penalty.--An alien who is permitted to
voluntarily depart under this section and fails to leave the
United States during the period specified in the voluntary
departure agreement or otherwise violates the terms of such
agreement shall be liable for a civil penalty of $1,000. The
voluntary departure order shall specify the amount of the
penalty, which shall be acknowledged by the alien on the
record.
``(2) Collection of penalty.--If the Secretary of Homeland
Security establishes, by clear and convincing evidence, that
the alien failed to leave the United States during the period
specified in the voluntary departure agreement--
``(A) no further procedure will be necessary to
establish the amount of the penalty;
``(B) the Secretary may collect the civil penalty
at any time thereafter and by whatever means provided
by law; and
``(C) the alien shall be ineligible for any
benefits under this chapter until this civil penalty is
paid.''; and
(4) by amending subsection (e) to read as follows:
``(e) Eligibility.--
``(1) Prior grant of voluntary departure.--An alien may not
be permitted to voluntarily depart under this section if the
Secretary of Homeland Security or the Attorney General
previously permitted the alien to depart voluntarily under this
section on or after the date of the enactment of the CIR Act of
2011.
``(2) Rulemaking.--The Secretary may promulgate regulations
to limit eligibility or impose additional conditions for
voluntary departure under subsection (a)(1)(A) for any class of
aliens.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to all orders granting voluntary departure under
section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c)
made on or after the date that is 180 days after the date of the
enactment of this Act.
SEC. 240. CANCELLATION OF VISAS.
Section 222(g) (8 U.S.C. 1202(g)) is amended--
(1) in paragraph (1), by striking ``Attorney General, such
visa'' and inserting ``Secretary of Homeland Security, such
visa and any other nonimmigrant visa issued by the United
States that is in the possession of the alien''; and
(2) in paragraph (2)(A), by striking ``(other than the visa
described in paragraph (1)) issued in a consular office located
in the country of the alien's nationality'' and inserting
``(other than a visa described in paragraph (1)) issued in a
consular office located in the country of the alien's
nationality or foreign residence''.
SEC. 241. PENALTIES RELATING TO VESSELS AND AIRCRAFT.
Section 243(c) (8 U.S.C. 1253(c)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(2) by striking ``Commissioner'' each place such term
appears and inserting ``Secretary''; and
(3) in paragraph (1)--
(A) in subparagraph (A), by striking ``$2,000'' and
inserting ``$5,000'';
(B) in subparagraph (B), by striking ``$5,000'' and
inserting ``$10,000''; and
(C) by amending paragraph (1)(C) to read as
follows:
``(C) Compromise.--The Secretary of Homeland
Security, in the Secretary's unreviewable discretion
and upon the receipt of a written request, may mitigate
the monetary penalties required under this subsection
for each alien stowaway to an amount equal to not less
than $500, upon such terms that the Secretary
determines to be appropriate.''.
SEC. 242. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT REPATRIATION OF
THEIR CITIZENS AND NATIONALS.
Sec. 243(d) (8 U.S.C. 1253(d)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'' ;
(2) by inserting ``or subsets of such visas'' after
``both,''; and
(3) by inserting ``of State'' after ``Secretary'' the last
place such term appears.
SEC. 243. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) Authorization of Appropriations.--Section 241(i)(5)(C) (8
U.S.C. 1231(i)(5)(C)) is amended by striking ``to carry out this
subsection'' and all that follows and inserting ``$950,000,000 for each
of the fiscal years 2012 through 2016 to carry out this subsection.''.
(b) Reimbursement of States for Indirect Costs Relating to the
Incarceration of Unauthorized Aliens.--Section 501 of the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1365) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Reimbursement of States.--Subject to the amounts provided in
advance in appropriation Acts, the Attorney General shall reimburse a
State for--
``(1) the costs incurred by the State for the imprisonment
of all unauthorized aliens convicted of a felony by such State;
and
``(2) the indirect costs related to the imprisonments
described in paragraph (1).''; and
(2) by striking subsections (c) through (e) and inserting
the following:
``(c) Allocation of Reimbursements.--Reimbursements under this
section shall be allocated in a manner that gives special consideration
for any State that shares a border with Mexico or with Canada.
``(d) Definitions.--In this section:
``(1) Indirect costs.--The term `indirect costs' includes--
``(A) court costs, county attorney costs, detention
costs, and criminal proceedings expenditures that do
not involve going to trial;
``(B) indigent defense costs; and
``(C) unsupervised probation costs.
``(2) State.--The term `State' has the meaning given such
term in section 101(a)(36) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(36)).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $200,000,000 for each of the fiscal years 2012 through
2016 to carry out subsection (a)(2).''.
SEC. 244. PROCEDURES REGARDING ALIENS APPREHENDED BY STATE AND LOCAL
LAW ENFORCEMENT OFFICERS.
(a) Issuance of Detainers.--Section 287(d) (8 U.S.C. 1357(d)) is
amended to read as follows:
``(d) Issuance of Detainers.--
``(1) Determination.--An authorized officer or employee of
the Department of Homeland Security shall promptly determine
whether or not to issue a detainer to detain an alien who is
arrested by a Federal, State, or local law enforcement official
for a violation of any law relating to controlled substances if
the law enforcement official--
``(A) has reason to believe that the alien has not
been lawfully admitted to the United States or is
otherwise not lawfully present in the United States;
``(B) expeditiously informs such officer or
employee of the arrest and of facts concerning the
status of the alien; and
``(C) requests the Department of Homeland Security
to determine whether or not to issue such detainer.
``(2) Custody.--If a detainer is issued pursuant to
paragraph (1) and the alien is not otherwise detained by
Federal, State, or local officials, the Secretary shall
effectively and expeditiously take custody of the alien.
``(3) Data collection.--The Secretary of Homeland Security
shall collect data regarding detainers issued under this
subsection, including--
``(A) the criminal charge for which the individual
was arrested or convicted;
``(B) the date on which the detainer was issued;
``(C) the basis for the issuance of the detainer;
``(D) the date on which the detainer was lifted;
``(E) the date on which a Federal or State criminal
court or other government entity ordered the release of
the individual;
``(F) the date on which the Department of Homeland
Security took custody of the individual;
``(G) the perceived race, ethnicity, and country of
origin of the individual against whom the detainer was
issued;
``(H) the age of the individual;
``(I) whether the individual was a victim of, or a
witness to, a crime;
``(J) the disposition of the criminal case against
the individual;
``(K) the ultimate disposition of the immigration
case, including whether the individual was determined
to be a United States citizen;
``(L) the grounds of removal, if applicable, and
any charges brought by the Secretary; and
``(M) the number of individuals removed after the
Secretary took custody while any criminal matter was
pending.''.
(b) Rulemaking.--The Secretary shall issue regulations that require
officers and employees of the Department of Homeland Security--
(1) to confirm, before issuing a detainer--
(A) the alienage of the individual to be made
subject to such detainer through lawfully obtained
information, including--
(i) the name of the individual;
(ii) the date of birth of the individual;
or
(iii) the fingerprints of the individual;
(B) whether the individual is removable from the
United States; and
(C) that the individual was not the victim of a
crime or a witness to a crime; and
(2) to provide notice to the individual being detained, in
the individual's native language--
(A) that a detainer has been issued; and
(B) the procedure for challenging the detainer.
SEC. 245. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.
(a) Trafficking in Passports.--Section 1541 of title 18, United
States Code, is amended to read as follows:
``Sec. 1541. Trafficking in passports
``(a) Multiple Passports.--Any person who, during any period of 3
years or less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more passports;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more passports;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes 10 or more passports, knowing the passports to be
forged, counterfeited, altered, falsely made, stolen, procured
by fraud, or produced or issued without lawful authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more applications for a United States passport,
knowing the applications to contain any false statement or
representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(b) Passport Materials.--Any person who knowingly and without
lawful authority produces, buys, sells, possesses, or uses any official
material (or counterfeit of any official material) used to make a
passport, including any distinctive paper, seal, hologram, image, text,
symbol, stamp, engraving, or plate, shall be fined under this title,
imprisoned not more than 20 years, or both.''.
(b) False Statement in an Application for a Passport.--Section 1542
of title 18, United States Code, is amended to read as follows:
``Sec. 1542. False statement in an application for a passport
``(a) In General.--Any person who knowingly--
``(1) makes any false statement or representation in an
application for a United States passport; or
``(2) mails, prepares, presents, or signs an application
for a United States passport knowing the application to contain
any false statement or representation,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Venue.--
``(1) In general.--An offense under subsection (a) may be
prosecuted in any district--
``(A) in which the false statement or
representation was made or the application for a United
States passport was prepared or signed; or
``(B) in which or to which the application was
mailed or presented.
``(2) Acts occurring outside the united states.--An offense
under subsection (a) involving an application for a United
States passport prepared and adjudicated outside the United
States may be prosecuted in the district in which the resultant
passport was or would have been produced.
``(c) Savings Clause.--Nothing in this section may be construed to
limit the venue otherwise available under sections 3237 and 3238.''.
(c) Forgery and Unlawful Production of a Passport.--Section 1543 of
title 18, United States Code, is amended to read as follows:
``Sec. 1543. Forgery and unlawful production of a passport
``(a) Forgery.--Any person who knowingly--
``(1) forges, counterfeits, alters, or falsely makes any
passport; or
``(2) transfers any passport knowing it to be forged,
counterfeited, altered, falsely made, stolen, or to have been
produced or issued without lawful authority,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Unlawful Production.--Any person who knowingly and without
lawful authority--
``(1) produces, issues, authorizes, or verifies a passport
in violation of the laws, regulations, or rules governing the
issuance of the passport;
``(2) produces, issues, authorizes, or verifies a United
States passport for or to any person knowing or in reckless
disregard of the fact that such person is not entitled to
receive a passport; or
``(3) transfers or furnishes a passport to any person for
use by any person other than the person for whom the passport
was issued or designed,
shall be fined under this title, imprisoned not more than 15 years, or
both.''.
(d) Misuse of a Passport.--Section 1544 of title 18, United States
Code, is amended to read as follows:
``Sec. 1544. Misuse of a passport
``Any person who knowingly--
``(1) uses any passport issued or designed for the use of
another person;
``(2) uses any passport in violation of the conditions or
restrictions contained in the passport, or in violation of the
laws, regulations, or rules governing the issuance and use of
the passport;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes any passport knowing it to be forged,
counterfeited, altered, falsely made, procured by fraud, or
produced or issued without lawful authority; or
``(4) violates the terms and conditions of any safe conduct
duly obtained and issued under the authority of the United
States,
shall be fined under this title, imprisoned not more than 15 years, or
both.''.
(e) Schemes To Defraud Aliens.--Section 1545 of title 18, United
States Code, is amended to read as follows:
``Sec. 1545. Schemes To defraud aliens
``(a) In General.--Any person who knowingly executes a scheme or
artifice, in connection with any matter that is authorized by or arises
under any Federal immigration law or any matter the offender claims or
represents is authorized by or arises under any Federal immigration
law, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value
from any person by means of false or fraudulent pretenses,
representations, or promises,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Misrepresentation.--Any person who knowingly and falsely
represents that such person is an attorney or an accredited
representative (as that term is defined in section 1292.1 of title 8,
Code of Federal Regulations (or any successor regulation)) in any
matter arising under any Federal immigration law shall be fined under
this title, imprisoned not more than 15 years, or both.''.
(f) Immigration and Visa Fraud.--Section 1546 of title 18, United
States Code, is amended--
(1) by amending the section heading to read as follows:
``Sec. 1546. Immigration and visa fraud'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Trafficking.--Any person who, during any period of 3 years or
less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more immigration documents;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more immigration documents;
``(3) secures, possesses, uses, buys, sells, or distributes
10 or more immigration documents, knowing the immigration
documents to be forged, counterfeited, altered, stolen, falsely
made, procured by fraud, or produced or issued without lawful
authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more immigration documents knowing the documents
to contain any materially false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(c) Immigration Document Materials.--Any person who knowingly and
without lawful authority produces, buys, sells, possesses, or uses any
official material (or counterfeit of any official material) used to
make immigration documents, including any distinctive paper, seal,
hologram, image, text, symbol, stamp, engraving, or plate, shall be
fined under this title, imprisoned not more than 20 years, or both.
``(d) Employment Documents.--Any person who uses--
``(1) an identification document, knowing or having reason
to know that the document is false or was not issued lawfully
for the use of the possessor; or
``(2) a false attestation, for the purpose of satisfying a
requirement under section 274A(b) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)), shall be fined under this
title, imprisoned not more than 1 year, or both.''.
(g) Alternative Imprisonment Maximum for Certain Offenses.--Section
1547 of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``(other than an offense under section 1545)'';
(2) in paragraph (1), by striking ``15'' and inserting
``20''; and
(3) in paragraph (2), by striking ``20'' and inserting
``25''.
(h) Attempts, Conspiracies, Jurisdiction, and Definitions.--Chapter
75 of title 18, United States Code, is amended by adding after section
1547 the following:
``Sec. 1548. Attempts and conspiracies
``Any person who attempts or conspires to violate any section of
this chapter shall be punished in the same manner as a person who
completed a violation of such section.
``Sec. 1549. Additional jurisdiction
``(a) In General.--Any person who commits an offense under this
chapter within the special maritime and territorial jurisdiction of the
United States shall be punished as provided under this chapter.
``(b) Extraterritorial Jurisdiction.--Any person who commits an
offense under this chapter outside the United States shall be punished
as provided under this chapter if--
``(1) the offense involves a United States passport or
immigration document (or any document purporting to be such a
document) or any matter, right, or benefit arising under or
authorized by any Federal immigration law;
``(2) the offense is in or affects foreign commerce;
``(3) the offense affects, jeopardizes, or poses a
significant risk to the lawful administration of Federal
immigration laws, or the national security of the United
States;
``(4) the offense is committed to facilitate an act of
international terrorism (as defined in section 2331) or a drug
trafficking crime (as defined in section 929(a)(2)) that
affects or would affect the national security of the United
States;
``(5) the offender is a national of the United States or an
alien lawfully admitted for permanent residence (as those terms
are defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a))); or
``(6) the offender is a stateless person whose habitual
residence is in the United States.
``Sec. 1550. Authorized law enforcement activities
``Nothing in this chapter may be construed to prohibit--
``(1) any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United
States, a State, or a political subdivision of a State, or an
intelligence agency of the United States; or
``(2) any activity authorized under title V of the
Organized Crime Control Act of 1970 (Public Law 91-452; 84
Stat. 933).''.
(i) Clerical Amendment.--The table of sections for chapter 75 of
title 18, United States Code, is amended to read as follows:
``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Alternative imprisonment maximum for certain offenses.
``1548. Attempts and conspiracies.
``1549. Additional jurisdiction.
``1550. Authorized law enforcement activities.''.
(j) Uniform Statute of Limitations for Certain Immigration,
Naturalization, and Peonage Offenses.--
(1) In general.--Section 3291 of title 18, United States
Code, is amended to read as follows:
``Sec. 3291. Immigration, naturalization, and peonage offenses
``A person may not be prosecuted, tried, or punished for any
violation under chapter 69 (relating to nationality and citizenship
offenses), 75 (relating to passport, visa, and immigration offenses),
or 77 (relating to peonage, slavery, and trafficking in persons), for
an attempt or conspiracy to commit such a violation, for a violation of
any criminal provision under section 243, 266, 274, 275, 276, 277, or
278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1306, 1324,
1325, 1326, 1327, and 1328), or for an attempt or conspiracy to commit
any such violation, unless the indictment is returned or the
information filed not later than 10 years after the commission of the
offense.''.
(2) Clerical amendment.--The table of sections for chapter
213 of title 18, United States Code, is amended by striking the
item relating to section 3291 and inserting the following:
``3291. Immigration, naturalization, and peonage offenses.''.
SEC. 246. DIRECTIVES RELATED TO PASSPORT AND DOCUMENT FRAUD.
(a) Directive to the United States Sentencing Commission.--
(1) In general.--Pursuant to the authority under section
994 of title 28, United States Code, the United States
Sentencing Commission shall promulgate or amend the sentencing
guidelines, policy statements, and official commentaries
related to passport fraud offenses, including the offenses
described in chapter 75 of title 18, United States Code, as
amended by section 245, to reflect the serious nature of such
offenses.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the United States Sentencing Commission
shall submit a report on the implementation of this subsection
to--
(A) the Committee on the Judiciary of the Senate;
and
(B) the Committee on the Judiciary of the House of
Representatives.
(b) Protection for Legitimate Refugees and Asylum Seekers.--
(1) In general.--
(A) Requirement for guidelines.--The Attorney
General, in consultation with the Secretary, shall
develop binding prosecution guidelines for Federal
prosecutors to ensure that each prosecution of an alien
seeking entry into the United States by fraud is
consistent with the United States treaty obligations
under Article 31(1) of the Convention Relating to the
Status of Refugees, done at Geneva July 28, 1951 (as
made applicable by the Protocol Relating to the Status
of Refugees, done at New York January 31, 1967 (19 UST
6223)).
(B) No private right of action.--The guidelines
developed pursuant to subparagraph (A), and any
internal office procedures related to such guidelines--
(i) are intended solely for the guidance of
attorneys of the United States; and
(ii) are not intended to, do not, and may
not be relied upon to, create any right or
benefit, substantive or procedural, enforceable
at law by any party in any administrative,
civil, or criminal matter.
(2) Protection of vulnerable persons.--A person described
in paragraph (3) may not be prosecuted under chapter 75 of
title 18, United States Code, or under section 275 or 276 of
the Immigration and Nationality Act (8 U.S.C. 1325 and 1326),
in connection with the person's entry or attempted entry into
the United States until after the date on which the person's
application for such protection, classification, or status has
been adjudicated and denied in accordance with the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
(3) Persons seeking protection, classification, or
status.--A person described in this paragraph is a person who--
(A) is seeking protection, classification, or
status; and
(B)(i) has filed an application for asylum under
section 208 of the Immigration and Nationality Act (8
U.S.C. 1158), withholding of removal under section
241(b)(3) of such Act (8 U.S.C. 1231), or relief under
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, done at New York,
December 10, 1994, pursuant to title 8, Code of Federal
Regulations;
(ii) indicates immediately after apprehension, that
he or she intends to apply for such asylum, withholding
of removal, or relief and promptly files the
appropriate application;
(iii) has been referred for a credible fear
interview, a reasonable fear interview, or an asylum-
only hearing under section 235 of the Immigration and
Nationality Act (8 U.S.C. 1225) or title 8, Code of
Federal Regulations; or
(iv) has filed an application for classification or
status under--
(I) paragraph (15)(T), (15) (U), (27)(J),
or (51) of section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)); or
(II) section 216(c)(4)(C), 240A(b)(2), or
244(a)(3) of such Act (8 U.S.C. 1186a(c)(4)(C),
1229b(b)(2), and 1254a(a)(3)).
SEC. 247. EXPANDING THE DEFINITION OF CONVEYANCES SUBJECT TO
FORFEITURE.
(a) In General.--Section 1703 of title 19, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Sec. 1703. Seizure and forfeiture of vessels, vehicles, other
conveyances, and instruments of international traffic'';
(2) in subsection (a), by amending the subsection heading
to read as follows:
``(a) Vessels, Vehicles, Other Conveyances, and Instruments of
International Traffic Subject to Seizure and Forfeiture.--'';
(3) in subsection (b), by amending the subsection heading
to read as follows:
``(b) Vessels, Vehicles, Other Conveyances, and Instruments of
International Traffic Defined.--'';
(4) in subsections (a) and (b), by inserting ``, vehicle,
other conveyance, or instrument of international traffic''
after ``vessel'' each place such term appears; and
(5) by amending subsection (c) to read as follows:
``(c) Acts Constituting Prima Facie Evidence of Smuggling.--For
purposes of this section, prima facie evidence that a conveyance is
being, has been, or is attempting to be employed in smuggling or to
defraud the revenue of the United States shall be--
``(1) in the case of a vessel, the vessel--
``(A) has become subject to pursuit, as described
in section 1581;
``(B) is a hovering vessel; or
``(C) fails, at any place within the customs waters
of the United States or within a customs-enforcement
area, to display lights as required by law;
``(2) in the case of a vehicle, other conveyance, or
instrument of international traffic, the vehicle, other
conveyance, or instrument of international traffic has any
compartment or equipment that is built or fitted out for
smuggling.''.
(b) Clerical Amendment.--The table of sections for chapter 5 of
title 19, United States Code, is amended by striking the item relating
to section 1703 and inserting the following:
``1703. Seizure and forfeiture of vessels, vehicles, other conveyances,
or instruments of international traffic.''.
SEC. 248. CRIMINAL FORFEITURE.
Section 982(a) of title 18, United States Code, is amended--
(1) in paragraph (2)(B), by inserting ``1028A'' between
``1028'' and ``1029;''
(2) in paragraph (6)(A)--
(A) by striking `` or 274A(a)(2)'' and inserting
``274A(a)(2) or 274A(i)''; and
(B) by inserting ``and 1028A'' after ``1028'' and
(3) in paragraph (8), by inserting ``and 1028A'' after
``1028''.
SEC. 249. ADVANCE DELIVERY OF INFORMATION INCLUDING PASSENGER
MANIFESTS.
(a) In General.--Section 231 (8 U.S.C. 1221) is amended--
(1) by striking ``commercial vessel or aircraft'' each
place it appears and inserting ``commercial vessel, commercial
vehicle, or aircraft'';
(2) in subsection (a), by striking ``such vessel or
aircraft'' and inserting ``such vessel, vehicle, or aircraft'';
(3) in subsection (g), by striking ``$1,000'' and inserting
``$5,000'';
(4) in subsection (j), by striking ``The Attorney General''
and inserting the following:
``(j) Information to Be Recorded.--The Secretary of Homeland
Security''; and
(5) by inserting at the end the following:
``(k) Sharing of Manifest and Passenger Name Record Information
With Other Government Agencies.--The Secretary of Homeland Security may
provide information contained in passenger and crew manifests and
passenger name record information received under this section to other
Federal, State, tribal, local, and foreign government authorities in
order to protect the national security of the United States or as
otherwise authorized by law.
``(l) Savings Provision.--Nothing in this section may be construed
to abrogate, diminish, or weaken the provisions of any Federal law that
prevents or protects against unauthorized collection or release of
personal records.''.
(b) Assessments.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall assess the privacy and civil
liberties impacts of the amendments made by subsection (a).
SEC. 250. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS CONTROLS AND
DISOBEYANCE OF LAWFUL ORDERS.
Section 758 of title 18, United States Code, is amended to read as
follows:
``Sec. 758. Unlawful flight from Federal checkpoints and disobeyance of
lawful orders
``(a) Evading a Checkpoint.--Any person who, while operating a
motor vehicle or vessel--
``(1) knowingly flees or evades a checkpoint operated by
the Department of Homeland Security or any other Federal law
enforcement agency; and
``(2) knowingly or recklessly disregards or disobeys the
lawful command of a Federal law enforcement officer engaged in
the enforcement of Federal law, or the lawful command of any
law enforcement officer assisting such Federal officer,
shall be fined under this title, imprisoned not more than 5 years, or
both.
``(b) Failure to Stop.--Any person who, while operating a motor
vehicle, aircraft, or vessel, knowingly or recklessly disregards or
disobeys the lawful command of a Federal law enforcement officer
engaged in the enforcement of Federal law, or the lawful command of any
law enforcement officer assisting such Federal officer, shall be fined
under this title, imprisoned not more than 2 years, or both.''.
SEC. 251. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL
LANDS.
(a) Grants Authorized.--The Secretary may award grants to any
Indian tribe that--
(1) owns land that is adjacent to an international border
of the United States; and
(2) has been adversely affected by illegal immigration.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
for--
(1) law enforcement activities;
(2) health care services;
(3) environmental restoration; and
(4) the preservation of cultural resources.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that--
(1) describes the level of access that Border Patrol agents
have on tribal lands;
(2) describes the extent to which the enforcement of
Federal immigration laws and rescue operations by Border Patrol
officers may be improved by enhanced access to tribal lands;
(3) contains a strategy for improving access to tribal
lands through increased cooperation with tribal authorities;
and
(4) identifies grants provided by the Department to Indian
tribes, either directly or through grants provided to State or
local governments, for border security expenses.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2012 through 2016 to carry out this section.
SEC. 252. DIPLOMATIC SECURITY SERVICE.
(a) Section 37(a)(1) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2709(a)(1)) is amended to read as follows:
``(1) conduct investigations concerning--
``(A) illegal passport or visa issuance or use;
``(B) identity theft or document fraud affecting or
relating to the programs, functions, or authorities of
the Department of State;
``(C) violations of chapter 77 of title 18, United
States Code; and
``(D) Federal offenses committed within the special
maritime and territorial jurisdiction defined in
section 7(9) of title 18, United States Code, except as
that jurisdiction relates to the premises of United
States military missions and related residences;''.
(b) Rule of Construction.--Nothing in this section may be construed
to limit the investigative authority of any Federal department or
agency.
SEC. 253. INCREASED PENALTIES BARRING THE ADMISSION OF CONVICTED SEX
OFFENDERS FAILING TO REGISTER AND REQUIRING DEPORTATION
OF SEX OFFENDERS FAILING TO REGISTER.
(a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C.
1182(a)(2)(A)(i)) is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by striking the comma at the end and
inserting a semicolon; and
(3) by inserting after subclause (II) the following:
``(III) a conviction under section
2250 of title 18, United States Code
(relating to failure to register as a
sex offender),''.
(b) Deportability.--Section 237(a)(2)(A)(i) (8 U.S.C.
1227(a)(2)(A)(i)) is amended--
(1) in subclause (I), by striking ``, and'' and inserting a
semicolon;
(2) in subclause (II), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after subclause (II) the following:
``(III) a conviction under section
2250 of title 18, United States Code
(relating to failure to register as a
sex offender),''.
SEC. 254. AGGRAVATED FELONY.
(a) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C.
1101(a)(43)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``The term `aggravated felony' means--'' and inserting
``Notwithstanding any other provision of law, the term
`aggravated felony' applies to any offense which is a felony
described in this paragraph, whether in violation of Federal or
State law, for which the individual served at least 1 year of
imprisonment and to such a felony offense in violation of the
law of a foreign country, for which the term of imprisonment
was completed during the previous 15 years, regardless of
whether the conviction was entered before, on, or after
September 30, 1996, and means--'';
(2) in subparagraph (N), by striking ``paragraph (1)(A) or
(2) of'' and inserting ``paragraph (1)(A), (2), or (4) of'';
and
(3) by striking the undesignated matter following
subparagraph (U).
(b) Effective Date and Application.--
(1) In general.--The amendments made by subsection (a)
shall--
(A) take effect on the date of the enactment of
this Act; and
(B) apply to any act that occurred on or after such
date.
(2) Application of amendments.--The amendments to section
101(a)(43) of the Immigration and Nationality Act made by
section 321 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208;
110 Stat. 3009-627) shall continue to apply to actions taken on
or after September 30, 1996, regardless of when the conviction
for such actions occurred.
SEC. 255. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE.
(a) Criminal Street Gangs.--
(1) Inadmissibility.--Section 212(a)(2) (8 U.S.C.
1182(a)(2)) is amended by adding at the end the following:
``(J) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General
waives the application of this subparagraph, any alien
who has been convicted of a crime under section 521 of
title 18, United States Code, is inadmissible.''.
(2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2))
is amended by adding at the end the following:
``(F) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General
waives the application of this subparagraph, any alien
who has been convicted of a crime under section 521 of
title 18, United States Code, is deportable.''.
(3) Temporary protected status.--Section 244 (8 U.S.C.
1254a) is amended--
(A) by striking ``Attorney General'' each place it
appears and inserting ``Secretary of Homeland
Security'';
(B) in subsection (c)(2)(B)--
(i) in clause (i), by striking ``, or'' at
the end and inserting a semicolon;
(ii) in clause (ii), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) the alien has been convicted of a
crime under section 521 of title 18, United
States Code.''.
(C) in subsection (d)--
(i) by striking paragraph (3);
(ii) by redesignating paragraph (4) as
paragraph (3); and
(iii) in paragraph (3), as redesignated, by
adding at the end the following: ``The
Secretary of Homeland Security shall detain an
alien provided temporary protected status under
this section if the alien has been found by an
immigration judge to be subject to detention
under section 236(c)(1).''.
(b) Penalties Related to Removal.--Section 243 (8 U.S.C. 1253) is
amended--
(1) in subsection (a)(1), in the matter following
subparagraph (D)--
(A) by striking ``or imprisoned not more than four
years'' and inserting ``and imprisoned for not more
than 5 years''; and
(B) by striking ``, or both''; and
(2) in subsection (b), by striking ``not more than $1,000
or imprisoned for not more than 1 year, or both'' and inserting
``under title 18, United States Code, and imprisoned for not
more than 3 years (or for not more than 10 years if the alien
is removable under paragraph (1)(E), (2), or (4) of section
237(a)).''.
PART II--DETENTION REFORM
SEC. 261. DEFINITIONS.
In this part:
(1) Apprehension.--The term ``apprehension'' means the
detention, arrest, or custody, or any significant deprivation
of an individual's freedom of action by government officials or
entities acting under agreement with the Department for
suspicion of violations under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(2) Child.--The term ``child'' has the meaning given to the
term in section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)).
(3) Child welfare agency.--The term ``child welfare
agency'' means the State or local agency responsible for child
welfare services under subtitles B and E of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting under agreement with, or
at the request of, the Department.
(5) Detainee.--The term ``detainee'' means an individual
who is subject to detention under the Immigration and
Nationality Act.
(6) Detention.--The term ``detention'' means government
custody or any other deprivation of an individual's freedom of
movement by government agents.
(7) Detention facility.--The term ``detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used to hold
individuals suspected or found to be in violation of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for
more than 72 hours.
(8) Families with children.--The term ``family with
children'' means any parent or legal guardian who is
apprehended with 1 or more of their children.
(9) Group legal orientation presentations.--The term
``group legal orientation presentations'' means live group
presentations, supplemented by individual orientations, pro se
workshops, and pro bono referrals, that--
(A) are carried out by private nongovernmental
organizations;
(B) are presented to detainees;
(C) inform detainees about Federal immigration law
and procedures; and
(D) enable detainees to determine their eligibility
for relief.
(10) Immigration enforcement action.--The term
``immigration enforcement action'' means the apprehension of,
detention of, or request for or issuance of a detainer for, 1
or more individuals for suspected or confirmed violations of
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by
the Department or cooperating entities.
(11) Local education agency.--The term ``local education
agency'' has the meaning given to the term in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(12) NGO.--The term ``NGO'' means a nongovernmental
organization that provides social services or humanitarian
assistance to the immigrant community.
(13) Secure alternatives.--The term ``secure alternatives''
means custodial or noncustodial programs under which aliens are
screened and provided with appearance assistance services or
placed in supervision programs as needed to ensure they appear
at all immigration interviews, appointments and hearings.
(14) Short-term detention facility.--The term ``detention
facility'' means a Federal, State, or local government
facility, or a privately owned and operated facility, that is
used to hold individuals suspected or found to be in violation
of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
for 72 hours or less.
(15) Unaccompanied alien children.--The term
``unaccompanied alien children'' has the meaning given the term
in section 462(g) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)).
SEC. 262. PROTECTIONS FOR VULNERABLE POPULATIONS.
(a) Protection of Vulnerable Populations.--
(1) In general.--Not later than 72 hours after the
commencement of an immigration-related enforcement activity,
the Department shall screen each detainee to determine if the
individual is a member of a vulnerable population.
(2) Eligibility for release.--An individual is a member of
a vulnerable population and eligible for release under
subsection (b) if the Department determines that he or she--
(A) has a nonfrivolous claim to United States
citizenship;
(B) has been deemed by a medically trained
professional to have medical or mental health needs, or
a disability;
(C) is pregnant or nursing;
(D) is being detained with 1 or more of his or her
children, or is 1 of such children;
(E) provides financial, physical, and other direct
support to his or her minor children, parents, or other
dependents;
(F) is older than 65 years of age;
(G) is a child (as defined in section 101(b) of the
Immigration and Nationality Act (8 U.S.C. 1101(b));
(H) is a victim of abuse, violence, crime, or human
trafficking;
(I) is a lesbian, gay, bisexual, or transgender
individual;
(J) has been referred for a credible fear
interview, a reasonable fear interview, or an asylum
hearing, or is a stateless individual;
(K) has applied or intends to apply for asylum,
withholding of removal, or protection under the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York
December 10, 1984;
(L) is prima facie eligible for relief under any
provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) including returning lawful
permanent residents; or
(M) is a member of any other group that has been
designated as a vulnerable population in regulations or
guidance promulgated by the Secretary.
(b) Options Regarding Detention Decisions for Vulnerable
Populations.--Section 236 (8 U.S.C. 1226), as amended by this Act, is
further amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1) by
striking ``(c)'' and inserting ``(g)''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B), by striking
``but'' at the end; and
(iii) by inserting after subparagraph (B)
the following:
``(C) the alien's own recognizance;''; and.
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following:
``(3) may enroll the alien in a secure alternatives
program; and''; and
(2) by redesignating subsections (b), (c), and (d), as
subsections (f), (g), and (h), respectively;
(3) by inserting after subsection (a) the following:
``(b) Custody Decisions.--
``(1) Criteria to be considered.--For any alien who is not
charged with inadmissibility or removability under a ground
specified in subsection (g) or section 236A, the criteria that
the Secretary of Homeland Security or the Attorney General
shall use to demonstrate that detention is necessary are--
``(A) whether the alien poses a risk to public
safety, including a risk to national security; and
``(B) whether alien poses a flight risk and there
are no conditions of release that will reasonably
ensure that the alien will appear for immigration
proceedings, including bond or other conditions that
reduce the risk of flight.
``(2) Exception.--A decision to detain an alien shall not
be subject to the criteria under paragraph (1) if the Secretary
demonstrates, by a preponderance of the evidence, that the
alien is described in subsection (g)(1).
``(3) Review.--Decisions by the Secretary or the Attorney
General under this section shall be subject to review.
``(c) Custody Decisions for Vulnerable Populations.--
``(1) In general.--Not later than 72 hours after an
individual is detained under this section (unless the 72-hour
requirement is waived in writing by the individual), an
individual who is a member of a vulnerable population shall be
released from the custody of the Department of Homeland
Security and shall not be subject to electronic monitoring
unless the Department demonstrates by a preponderance of
evidence that the individual--
``(A) is subject to mandatory detention under
subsection (g) or section 236A;
``(B) poses a risk to public safety, including a
risk to national security; or
``(C) is a flight risk and the risk cannot be
mitigated through other conditions of release, such as
bond or secure alternatives, which will reasonably
ensure the alien will appear for immigration
proceedings.
``(2) Release.--An individual shall be released from
custody under this subsection--
``(A) on the individual's own recognizance;
``(B) by posting a minimum bond under subsection
(a)(2)(a);
``(C) on parole, in accordance with section
212(d)(5)(A); or
``(D) into a noncustodial secure alternatives
program.
``(d) Decision To Remove or Release an Alien.--
``(1) In general.--All decisions to detain an individual
under this Act--
``(A) shall be made in writing by the Secretary of
Homeland Security or the Attorney General;
``(B) shall specify the reasons for such decision
if the decision is made to continue detention without
bond, parole, release on recognizance, or release into
a noncustodial secure alternatives program; and
``(C) shall be served upon the individual in the
language spoken by the individual--
``(i) not later than 72 hours after the
commencement of the alien's detention; or
``(ii) in the case of an alien subject to
section 235 or 241(a)(5) who must establish a
credible fear of persecution or torture, not
later than 72 hours after a positive credible
fear of persecution or reasonable fear of
persecution or torture determination.
``(2) Redetermination.--
``(A) In general.--Any alien detained by the
Department of Homeland Security under this Act may, at
any time after being served with the Secretary's
decision under paragraph (1), request a redetermination
of that decision by an immigration judge.
``(B) Other decisions.--The Attorney General may
review and conduct custody redeterminations for any
custody decision by the Secretary.
``(C) Savings provision.--Nothing in this
subparagraph may be construed to prevent an individual
from requesting a bond redetermination.
``(e) Timely Notice Upon Apprehension and Service of Charging
Documents.--
``(1) Notice.--The Secretary of Homeland Security, for each
individual detained by the Department of Homeland Security
under this section, shall--
``(A) file the notice to appear or other relevant
charging document with the closest immigration court to
where the individual was apprehended; and
``(B) serve such notice on the individual not later
than 48 hours after the commencement of the
individual's detention.
``(2) Custody determination.--Any individual who is
detained under this section for more than 48 hours shall be
brought before an immigration judge for a custody determination
not later than 72 hours after the commencement of such
detention unless the individual waives such right in accordance
with paragraph (3).
``(3) Waiver.--The requirements under this subsection may
be waived for 7 days if the individual--
``(A) enters into a written agreement with the
Department of Homeland Security to waive such
requirement; and
``(B) is eligible for immigration benefits or
demonstrates eligibility for a defense against removal.
``(4) Applicability of other law.--Nothing in this section
may be construed to repeal section 236A.'';
(4) in subsection (g)(2), as redesignated, by inserting
``or for humanitarian reasons,'' after ``such an
investigation,''; and
SEC. 263. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED
ACTIVITIES RELATING TO CHILDREN.
(a) Notification.--
(1) Advance notification.--Subject to paragraph (2), when
conducting any immigration enforcement action involving more
than 10 individuals, the Department and cooperating entities
shall notify the Governor of the State, the local child welfare
agency, and relevant State and local law enforcement before
commencing the action, or, if advance notification is not
possible, immediately after commencing such action, of--
(A) the approximate number of individuals to be
targeted in the immigration enforcement action; and
(B) the primary language or languages believed to
be spoken by individuals at the targeted site.
(2) Hours of notification.--To the extent possible, advance
notification under paragraph (1) should occur during business
hours and allow the notified entities sufficient time to
identify resources to conduct the interviews described in
subsection (b)(1).
(3) Other notification.--When conducting any immigration
action involving more than 10 individuals, the Department and
cooperating entities shall notify the relevant local education
agency and local NGOs of the information described in paragraph
(1) immediately after commencing the action.
(b) Apprehension Procedures.--In any immigration enforcement action
involving more than 10 individuals, the Department and cooperating
entities shall--
(1) as soon as possible and not later than 6 hours after an
immigration enforcement action, provide licensed social workers
or case managers employed or contracted by the child welfare
agency or local NGOs with confidential access to screen and
interview individuals apprehended in such immigration
enforcement action to assist the Department or cooperating
entity in determining if such individuals are parents, legal
guardians, or primary caregivers of a child in the United
States;
(2) as soon as possible and not later than 8 hours after an
immigration enforcement action, provide any apprehended
individual believed to be a parent, legal guardian, or primary
caregiver of a child in the United States with--
(A) free, confidential telephone calls, including
calls to child welfare agencies, attorneys, and legal
services providers, to arrange for the care of children
or wards, unless the Department has reasonable grounds
to believe that providing confidential phone calls to
the individual would endanger public safety or national
security; and
(B) contact information for--
(i) child welfare agencies in all 50
States, the District of Columbia, all United
States territories, counties, and local
jurisdictions; and
(ii) attorneys and legal service providers
capable of providing free legal advice or free
legal representation regarding child welfare,
child custody determinations, and immigration
matters;
(3) ensure that personnel of the Department and cooperating
entities do not--
(A) interview individuals in the immediate presence
of children; or
(B) compel or request children to translate for
interviews of other individuals who are encountered as
part of an immigration enforcement action; and
(4) ensure that any parent, legal guardian, or primary
caregiver of a child in the United States--
(A) receives due consideration of the best
interests of his or her children or wards in any
decision or action relating to his or her detention,
release, or transfer between detention facilities; and
(B) is not transferred from his or her initial
detention facility or to the custody of the Department
until the individual--
(i) has made arrangements for the care of
his or her children or wards; or
(ii) if such arrangements are impossible,
is informed of the care arrangements made for
the children and of a means to maintain
communication with the children.
(c) Nondisclosure and Retention of Information About Apprehended
Individuals and Their Children.--
(1) In general.--Information collected by child welfare
agencies and NGOs in the course of the screenings and
interviews described in subsection (b)(1) about an individual
apprehended in an immigration enforcement action may not be
disclosed to Federal, State, or local government entities or to
any person, except pursuant to written authorization from the
individual or his or her legal counsel.
(2) Child welfare agency or ngo recommendation.--
Notwithstanding paragraph (1), a child welfare agency or NGO
may--
(A) submit a recommendation to the Department of
Homeland Security or cooperating entities regarding
whether an apprehended individual is a parent, legal
guardian, or primary caregiver who is eligible for the
protections provided under this Act; and
(B) disclose information that is necessary to
protect the safety of the child, to allow for the
application of subsection (b)(4)(A), or to prevent
reasonably certain death or substantial bodily harm.
SEC. 264. DETENTION OF FAMILIES.
(a) Placement in Removal Proceedings.--Any family with children
sought to be removed by the Department shall be placed in removal
proceedings under section 240 of the Immigration and Nationality Act (8
U.S.C. 1229a).
(b) Custody of Families With Children.--
(1) Separation.--Families with children shall not be
separated or taken into custody except when justified by
exceptional circumstances, or when required by law.
(2) Exceptional circumstances.--In exceptional
circumstances, if release or a secure alternatives program is
not an option for families with children, the Secretary shall
ensure that--
(A) special nonpenal, residential, home-like
facilities that enable families to live as a family
unit are designed to house families with children,
taking into account the particular needs and
vulnerabilities of the children;
(B) procedures and conditions of custody are
appropriate for families with children;
(C) entities with demonstrated experience and
expertise in child welfare staff and are responsible
for the management of facilities housing families with
children;
(D) unless such restrictions are necessary to
prevent flight or to ensure the safety of residents,
families with children are not subject to
restrictions--
(i) on freedom of movement;
(ii) involving access to visitations,
telephones, internet, a library, and a law
library;
(iii) regarding possession of personal
property, including personal clothing;
(iv) on the availability of age appropriate
education; or
(v) religious practices;
(E) individualized reviews by an immigration judge
of each family's well being, custody status and the
need for continued detention are conducted every 30
days for any family held in such a facility for more
than 3 weeks;
(F) all families are notified in writing of the
decisions resulting from such reviews and of the
individualized reasons for the decision; and
(G) parents retain fundamental parental rights and
responsibilities, including the discipline of children,
in accordance with applicable State laws.
(c) Discretionary Waiver Authority for Families With Children.--
Section 235(b)(1)(B)(iii) (8 U.S.C. 1225(b)(1)(B)(iii)) is amended--
(1) in subclause (IV), by striking ``Any alien'' and
inserting ``Except as provided in subclause (V), any alien'';
and
(2) by adding at the end the following:
``(V) Discretionary waiver
authority for families with children.--
The Secretary of Homeland Security may
decide for humanitarian reasons or
significant public benefit not to
detain families with children who are
otherwise subject to mandatory
detention under subclause (IV).''.
SEC. 265. ACCESS TO CHILDREN, LOCAL AND STATE COURTS, CHILD WELFARE
AGENCIES, AND CONSULAR OFFICIALS.
(a) In General.--The Secretary shall ensure that all detention
facilities operated by or under agreement with the Department implement
procedures to ensure that the best interest of the child, including the
best outcome for the family of the child, is considered in any decision
or action relating to the custody of children whose parent, legal
guardian, or primary caregiver is detained as the result of an
immigration enforcement action.
(b) Access to Children, State and Local Courts, Child Welfare
Agencies, and Consular Officials.--At all detention facilities operated
by, or under agreement with, the Department, the Secretary shall--
(1) ensure that individuals who are detained by reason of
their immigration status may receive the screenings and
interviews described in section 263(b)(1) not later than 6
hours after their arrival at the detention facility;
(2) ensure that individuals who are detained by reason of
their immigration status and are believed to be parents, legal
guardians, or primary caregivers of children in the United
States are--
(A) permitted daily phone calls and regular contact
visits with their children or wards;
(B) able to participate fully, and to the extent
possible in-person, in all family court proceedings and
any other proceeding impacting upon custody of their
children or wards;
(C) able to fully comply with all family court or
child welfare agency orders impacting upon custody of
their children or wards;
(D) provided with contact information for family
courts in all 50 States, the District of Columbia, all
United States territories, counties, and local
jurisdictions;
(E) granted free and confidential telephone calls
to child welfare agencies and family courts;
(F) granted free and confidential telephone calls
and confidential in-person visits with attorneys, legal
representatives, and consular officials;
(G) provided United States passport applications
for the purpose of obtaining travel documents for their
children or wards;
(H) granted adequate time before removal to obtain
passports and other necessary travel documents on
behalf of their children or wards if such children or
wards will accompany them on their return to their
country of origin or join them in their country of
origin; and
(I) provided with the access necessary to obtain
birth records or other documents required to obtain
passports for their children or wards; and
(3) facilitate the ability of detained parents, legal
guardians, and primary caregivers to share information
regarding travel arrangements with their children or wards,
child welfare agencies, or other caregivers well in advance of
the detained individual's departure from the United States.
SEC. 266. MEMORANDA OF UNDERSTANDING.
The Secretary shall develop and implement memoranda of
understanding or protocols with child welfare agencies and NGOs
regarding the best ways to cooperate and facilitate ongoing
communication between all relevant entities in cases involving a child
whose parent, legal guardian, or primary caregiver has been apprehended
or detained in an immigration enforcement action to protect the best
interests of the child and the best outcome for the family of the
child.
SEC. 267. MANDATORY TRAINING.
The Secretary, in consultation with the Secretary of Health and
Human Services and independent child welfare experts, shall require and
provide in-person training on the protections required to all personnel
of the Department and of States and local entities acting under
agreement with the Department who regularly come into contact with
children or parents in the course of conducting immigration enforcement
actions.
SEC. 268. ALTERNATIVES TO DETENTION.
(a) Secure Alternatives.--The Secretary shall establish secure
alternatives programs to ensure public safety and appearances at
immigration proceedings. The Secretary may use secure alternatives
programs to maintain custody over any alien detained under the
Immigration and Nationality Act, except aliens detained under section
236A of such Act (8 U.S.C. 1226a). 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.
(b) Contracts Authorized.--The Secretary shall contract with
nongovernmental organizations to conduct screening of detainees,
provide appearance assistance services, and operate community-based
supervision programs.
(c) Individualized Determinations.--When deciding whether to use
custodial secure alternatives, the Secretary shall make an
individualized determination and review each case on a monthly basis.
SEC. 269. DETENTION CONDITIONS.
(a) Detention Requirements.--
(1) In general.--The Secretary shall ensure that all
persons detained pursuant to the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) are treated humanely and granted
the protections set forth in this section by complying and
enforcing the minimum requirements under this subsection.
(2) Quality of medical care.--
(A) In general.--Each detainee has the right to
prompt and adequate medical care, designed to ensure
continuity of care, at no cost to the detainee,
including care to address medical needs that existed
before the detainee was placed in detention, primary
care, emergency care, chronic care, reproductive health
care, prenatal care, dental care, eye care, mental
health care, medical dietary needs, and other medically
necessary specialized care. The Secretary shall
discontinue the use of any short term facility or
detention facility that fails to maintain accreditation
for more than 1 year.
(B) Intake screening and examination.--Each
detainee shall receive, from a licensed health care
professional--
(i) a comprehensive medical, dental, and
mental health intake screening upon arrival at
the detention facility; and
(ii) a comprehensive medical and mental
health examination not later than 14 days after
arrival.
(C) Medications.--
(i) Prescription medications.--Each
detainee taking prescribed medications prior to
detention shall be allowed to continue taking
such medications, on schedule and without
interruption, until and unless a licensed
health care professional examines the
immigration detainee and decides upon an
alternative course of treatment. Detainees who
arrive at a detention facility with
prescription medications shall be permitted to
continue taking their medications, on schedule
and without interruption, until such time as a
qualified health care professional examines the
detainee and decides upon an alternative course
of treatment. Detainees who arrive at a
detention facility without prescription
medications but who report being on such
medications shall be evaluated by a qualified
health care professional as soon as possible,
but not later than 24 hours after arrival. All
decisions to discontinue or modify a detainee's
reported prescription medication regimen shall
be conveyed to the detainee in a language that
the detainee understands and shall be recorded
in writing in the detainee's medical records.
(ii) Involuntary psychotropic medication.--
Involuntary psychotropic medication may be used
only if allowed by applicable law and then only
in emergency situations when a physician has
determined, after personally examining the
patient, that a detainee is imminently
dangerous to self or others due to a mental
illness and that involuntary psychotropic
medication is medically appropriate to treat
the mental illness and necessary to prevent
harm. Medication shall not be forcibly
administered to a detainee to facilitate
transport, removal or otherwise to control the
detainee's behavior.
(D) Medically necessary treatment.--Each detainee
shall be provided access to medically necessary
treatment, including, for female detainees, prenatal
care, prenatal vitamins, and hormonal therapies, such
as birth control, and adequate access to sanitary
products.
(E) On-site medical providers.--Any decision
regarding requested medical care for a detainee--
(i) shall be made in writing by an on-site
licensed health care professional within 72
hours; and
(ii) shall be communicated to the detainee
without delay.
(F) Administrative appeals process.--Detention
facilities, in conjunction with the Department, shall
provide for an administrative process for handling
appeals of denials of medical or mental health
treatment or care. Detention facilities, in conjunction
with the Department, shall ensure that detainees,
medical providers, and legally-appointed advocates have
the opportunity to appeal a denial of requested health
care services by an on-site provider to an independent
appeals board. The appeals board shall include health
care professionals in the fields relevant to the
request for medical or mental health care. Any such
appeal shall be resolved in writing within 7 days by
the appeals board or earlier if medically necessary.
(G) Review of on-site medical provider requests.--
The Secretary shall respond within 72 hours to any
request by an on-site medical provider for
authorization to provide medical or mental health care
to an immigration detainee. In each case in which the
Secretary denies or fails to grant such a request by
the onsite medical provider, a written explanation of
the reasons for the decision shall be conveyed without
delay to the on-site medical provider and the
immigration detainee. The on-site medical provider and
immigration detainee (or legally appointed advocate)
shall be permitted to appeal the denial of or failure
to grant the requested health care service. Such appeal
shall be resolved in writing within 7 days by an
impartial appeals board or earlier if medically
necessary and communicated without delay to the on-site
medical provider and the immigration detainee.
(H) Medical release.--Any detainee deemed by a
licensed health care professional to have a medical or
mental health care condition shall be considered for
release on parole, on bond, or into a secure
alternatives program, with periodic reevaluations for
such detainees not initially released. Upon removal or
release, all detainees with medical or mental health
conditions and women who are pregnant, post-natal, and
nursing mothers shall receive discharge planning to
ensure continuity of care for a reasonable period of
time.
(I) Medical records.--The Department shall maintain
complete, confidential medical records for every
detainee, which shall be made available within 72 hours
upon request to a detainee or individuals authorized by
the detainee. Immediately upon an immigration
detainee's transfer from 1 detention facility to
another, the immigration detainee's complete medical
records, including any transfer summary, shall be
provided to the receiving facility.
(3) Transfers of detainees.--
(A) Notice.--Absent exigent circumstances, such as
a natural disaster or comparable emergency, the
Secretary shall provide not less than 72 hours written
notice to any detainee before such detainee is
transferred to another detention facility. Not later
than 24 hours after a transfer, the Secretary shall
notify, by telephone and in writing, the detainee's
legal representative or other person designated by the
detainee of the transfer.
(B) Procedures.--Absent exigent circumstances, such
as a natural disaster or comparable emergency, the
Secretary may not transfer a detainee to another
detention facility if such transfer would--
(i) impair an existing attorney-client
relationship;
(ii) prejudice the rights of the detainee
in any legal proceeding, including any Federal,
State or administrative proceeding; or
(iii) negatively affect the detainee's
health, including by interrupting the
continuity of medical care or provision of
prescription medication.
(C) Transportation.--The Secretary shall ensure the
safe transport and deportation of each individual
detained under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), including the appropriate use of
safety harnesses and occupancy limitations of vehicles.
(4) Access to telephones.--
(A) In general.--The Secretary shall ensure that
detainees at detention facilities are provided with
reasonable access to telephones not later than 6 hours
after the commencement of their detention. Such access
shall include not fewer than 1 working phone for every
25 detainees.
(B) Toll-free numbers.--Each detainee has the right
to contact, free of charge through confidential toll-
free numbers--
(i) legal representatives;
(ii) designated nongovernmental
organizations;
(iii) consular officials;
(iv) Federal and State courts where the
detainee is or may become involved in a legal
proceeding; and
(v) all Government immigration agencies and
adjudicatory bodies, including the Office of
the Inspector General and the Office for Civil
Rights and Civil Liberties of the Department.
(C) Privacy.--The Secretary shall--
(i) make confidential calls available at no
charge to detainees, who are subject to
expedited removal or who are experiencing
personal or family emergencies, including the
need to arrange care for dependents, for the
purpose of obtaining legal representation or
discussing other legal matters; and
(ii) ensure that rates charged in detention
facilities for telephone calls are reasonable
and do not significantly impair the detainee's
right to access telephones.
(5) Physical and sexual abuse.--No detainee, whether in a
detention facility or short term detention facility, shall be
subject to degrading or inhumane treatment such as physical
abuse, sexual abuse or harassment, or arbitrary punishment.
Detention facilities shall take all necessary measures to
prevent sexual abuse and sexual assaults of detainees, to
provide medical and mental health treatment to victims of
sexual abuse and sexual assaults and shall comply fully with
the standards under the Prison Rape Elimination Act of 2003 (42
U.S.C. 15601 et seq.)
(6) Limitations on solitary confinement and strip
searches.--The use of solitary confinement, shackling, and
strip searches of detainees shall be limited to situations
where the use of such techniques is necessitated by
extraordinary circumstances when the safety of other persons is
at imminent risk. These techniques shall in no event be used
for the purpose of humiliating detainees either within or
outside the detention facility. Detention facilities shall
adopt written policies pertaining to the use of force and the
use of restraints and shall train all staff on the proper use
of such devices. Solitary confinement, shackling and strip
searches shall not be used on pregnant women, nursing mothers,
women in labor or delivery or children who are younger than 18
years of age. Strip searches shall not be conducted in front of
children who are younger than 21 years of age.
(7) Location of detention facilities.--All new detention
facilities used by the Department shall be located within 50
miles of a city or municipality in which there is a
demonstrated capacity to provide free or low-cost legal
representation by non-profit legal aid organizations or pro
bono attorneys with expertise in asylum or immigration law. By
January 1, 2013, all detention facilities used by the
Department shall meet this requirement, and if the Secretary is
unable to comply, the Secretary shall submit a report to
Congress on that date and annually each year thereafter,
explaining the reasons for the failure and the specific plans
to meet the requirement.
(8) Access to immigration courts.--At any detention
facility where a contract to house immigration detainees is
newly made, renewed, or extended during the period beginning on
the date of the enactment of this Act and ending on December
31, 2013, detainees in removal proceedings shall appear before
the immigration court in person, unless in person appearance is
knowingly waived in writing by the detainee or the detainee's
representative.
(9) Translation capabilities.--Detention facilities and
short term detention facilities shall employ facility staff who
are professionally qualified in any language spoken by more
than 10 percent of its immigration detainee population. All
short term detention facilities and detention facilities shall
provide alternative translation services in the exceptional
circumstances when trained bilingual staff members are
unavailable to translate. All such facilities shall provide
notices and written materials to detainees translated in any
language spoken by more than 5 percent of its immigration
detainee population.
(10) Legal access.--Detainees in detention facilities have
the right to access legal information, including an on-site law
library with up-to-date legal materials and law databases. Each
detainee has the right to access free of charge the necessary
equipment and materials for legal research and correspondence,
such as computers, printers, copiers, and typewriters. The
Secretary shall ensure each detainee is provided with
information regarding the availability of legal information and
services to assist those with limited English proficiency or
disabilities. Detention facilities shall also provide access
for each detainee to meet confidentially with legal counsel and
shall provide services to send confidential legal documents to
legal counsel, government offices and legal organizations.
(11) Visitations.--Detainees in detention facilities have
the right to meet privately with his or her current or
prospective legal representative, interpreters, and other legal
support staff a minimum of 8 hours per day on regular business
days and 4 hours per day on weekends and holidays, subject to
appropriate security procedures. Legal visits shall not be
restricted absent narrowly defined exceptional circumstances,
such as a natural disaster or comparable emergency. Detention
facilities shall prominently post official lists, updated semi-
annually by the Secretary of Homeland Security, of pro bono
legal organizations and their contact information in detainee
housing units and other appropriate areas. Each detainee has
the right to reasonable access to religious or other qualified
individuals to address religious, cultural, or spiritual
considerations. Detainees have the right to regular, private
contact visits with children who are younger 18 years of age.
(12) Recreational programs and activities.--Detainees in
detention facilities shall be afforded access to at least 1
hour each day of indoor and outdoor recreational programs and
activities for detainees.
(13) Training of personnel.--All personnel in detention
facilities and short term detention facilities shall be given a
comprehensive specialized training and regular, periodic
updates that shall include at a minimum an overview of
immigration detention and all detention standards; the
characteristics of the non-citizen detainee population
including special characteristics of vulnerable groups; and the
due process and grievance procedures to protect the rights of
detainees.
(14) Short term detention facilities.--
(A) In general.--All detainees in short term
detention facilities shall receive--
(i) potable water;
(ii) food, if detained for more than 5
hours;
(iii) basic toiletries, diapers, sanitary
products, blankets; and
(iv) access to bathroom facilities and
telephones.
(B) Consular officials.--The Secretary or his
designates shall provide consular officials with access
to detainees held at such facilities.
(C) Health care.--Detainees shall be afforded
reasonable access to a licensed health care
professional.
(D) Nursing mothers.--The Secretary shall ensure
that nursing mothers in such facilities have access to
their children.
(E) Property.--Any property the Department
confiscates from detainees shall be returned upon
repatriation or transfer.
(F) Protections for children.--The Secretary shall
provide adequately trained and qualified staff at each
major port of entry (as defined by the U.S. Customs and
Border Protection station assigned to that port having
in its custody over the past 2 fiscal years an average
per year of 50 or more unaccompanied alien children (as
defined in section 462 of the Homeland Security Act of
2002 (6 U.S.C. 279))), including U.S. Customs and
Border Protection agents charged primarily with the
safe, swift, and humane transportation of unaccompanied
alien children to Office of Refugee Resettlement
custody and independent licensed social workers
dedicated to ensuring the proper temporary care for the
children while in Department custody before their
transfer to the Office of Refugee Resettlement. These
staff will ensure that each child--
(i) receives emergency medical care;
(ii) receives mental health care in case of
trauma and has access to psychosocial health
services;
(iii) is provided with a pillow, linens,
and sufficient blankets to rest at a
comfortable temperature, a bed, and a mattress
placed in an area specifically designated for
residential use;
(iv) receives adequate nutrition;
(v) enjoys a safe and sanitary living
environment;
(vi) receives educational materials; and
(vii) has access to at least 3 hours of
indoor and outdoor recreational programs and
activities per day.
(G) 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.
(15) Vulnerable populations.--Detention facility conditions
and minimum requirements for detention facilities shall
recognize and accommodate the unique needs of vulnerable
populations as defined by this Act.
(16) Children.--The Secretary shall ensure that
unaccompanied alien children (as defined in section 462 of the
Homeland Security Act of 2002 (6 U.S.C. 279)) are physically
separated from any adult who is not an immediate family member
and are separated by sight and sound from immigration detainees
and inmates with criminal convictions, pretrial inmates facing
criminal prosecution, children who have been adjudicated
delinquents or convicted of adult offenses or are pending
delinquency or criminal proceedings, and those inmates
exhibiting violent behavior while in detention as is consistent
with the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.)
(b) Rulemaking and Enforcement.--
(1) In general.--
(A) Notice of proposed rulemaking.--Not later than
60 days after the date of the enactment of this Act,
the Secretary shall issue a notice of proposed
rulemaking regarding the enforcement of this section.
(B) Final regulations.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall promulgate regulations, binding upon
all short term detention facilities and detention
facilities, to ensure that the detention requirements
under subsection (a) are fully implemented and
enforced, and that all facilities comply with the
regulations.
(2) Enforcement.--
(A) In general.--The Secretary shall enforce all
regulations promulgated under paragraph (1).
(B) Guidance.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
issue guidance for ensuring that short term detention
facilities and detention facilities comply with all
detention requirements and all regulations and
standards promulgated under paragraph (1).
(C) Compliance mechanisms.--To ensure the
compliance described in subparagraph (B), the
Secretary--
(i) shall establish mechanisms for
reviewing any evidence of noncompliance with
the provisions under this section;
(ii) may impose financial penalties upon
noncompliant detention facilities; and
(iii) may terminate the contracts of
persistently noncompliant detention facilities.
(D) Investigations.--The Secretary shall
investigate evidence pertaining to violations of the
provisions under this section, including detainee
complaints. The Secretary shall complete such
investigation not later than 30 days after collecting
the relevant evidence. If the Secretary determines that
a violation has occurred, the Secretary shall ensure
that such violation is remedied not later than 30 days
after such determination. A decision by the Secretary
not to pursue such an enforcement action shall
constitute final agency action.
(E) Grievances.--Each detainee has the right to
file grievances with the staff of short term detention
facilities, detention facilities, and the Department
and shall be protected from retaliation.
(F) Compliance officer.--Each short term detention
facility and detention facility shall designate an
officer to ensure compliance with the provisions of
this section. Such officer shall investigate all
evidence pertaining to a violation of this section. If
a violation is identified, the officer shall remedy the
violation not later than 30 days after such
identification.
(G) Judicial review.--A detainee may not seek--
(i) review in district court until after
the passage of the 30-day remediation period
described in subparagraph (F);
(ii) remedy in district court unless he or
she has complied with the procedures
promulgated under this subsection; or
(iii) punitive damages for violations of
this section.
(H) Rule of construction.--Nothing in the section
may be construed to preclude review of noncompliance
with this section under section 1983 of title 42,
United States Code.
(c) Detention Commission.--
(1) Appointment.--The Secretary shall appoint and convene a
detention commission comprised of--
(A) experts from U.S. Immigration and Customs
Enforcement, U.S. Customs and Border Protection, the
Office of Refugee Resettlement, and Division of
Immigration Health Services in the Department of Health
and Human Services; and
(B) an equal number of independent experts from
nongovernmental organizations and intergovernmental
organizations with expertise in working on behalf of
aliens detained under immigration laws and vulnerable
populations.
(2) Duties.--The detention commission shall conduct
independent investigations, evaluate, and report on the
compliance of short term detention facilities, detention
facilities, and the Department with the requirements set forth
in this section.
(3) Report.--Not later than 60 days after end of the fiscal
year during which this Act was enacted, and biennially
thereafter, the detention commission shall submit a report on
the duties set forth in paragraph (2) to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Homeland Security of the House
of Representatives.
(d) Death in Custody Reporting Requirement.--
(1) In general.--If an individual dies while in the custody
of the Department or en route to or from custody, the
supervising official at a short term detention facility or
detention facility shall immediately report such death to the
Secretary. Not later than 48 hours after receiving the report
of such death, the Secretary shall report the death to the
Office of the Inspector General of the Department and the
Department of Justice.
(2) Investigations.--The Department shall complete an
investigation of each detainee death that shall be conducted
consistent with established medical practice for morbidity and
mortality reviews and examine both individual and systemic
contributors to the death. The investigation shall be conducted
by a panel of physicians with experience in morbidity and
mortality reviews and shall include the medical staff of the
facility or facilities that cared for the deceased detainee,
physicians from within the Department, and independent
physicians not affiliated with the Department or facility. The
panel shall complete a report and corrective action plan in
each case.
(3) Reports.--
(A) In general.--Not later than 60 days after the
end of each fiscal year, the Secretary shall submit a
report to the committees set forth in subsection (c)(3)
that contains detailed information regarding all
detainee deaths during the preceding fiscal year,
including--
(i) each mortality and morbidity report;
(ii) each corrective action plan; and
(iii) corrective actions taken.
(B) Contents.--The reports to the Office of the
Inspector General and to Congress referred to in
paragraph (1) shall include--
(i) the name, gender, race, ethnicity, and
age of the deceased;
(ii) the date, time, and location of death;
(iii) the law enforcement agency that
detained, arrested, or was in the process of
arresting the deceased;
(iv) a description of the circumstances
surrounding the death;
(v) the status and results of any
investigation that has been conducted into the
circumstances surrounding the death; and
(vi) all medical records of the deceased.
SEC. 270. ACCESS TO COUNSEL.
Section 240(b)(4) (8 U.S.C. 1229a(b)(4)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``In proceedings under this section, under regulations of the
Attorney General'' and inserting ``The Attorney General shall
promulgate regulations for proceedings under this section,
under which--''
(2) in subparagraph (B), by striking ``, and'' at the end
and inserting a semicolon;
(3) by redesignating subparagraph (C) as subparagraph (D);
and
(4) by inserting after subparagraph (B) the following:
``(C) the Attorney General, or the designee of the
Attorney General, may appoint counsel to represent an
alien if the fair resolution or effective adjudication
of the proceedings would be served by appointment of
counsel; and''.
SEC. 271. GROUP LEGAL ORIENTATION PRESENTATIONS.
(a) Establishment of a National Legal Orientation Support and
Training Center.--The Attorney General, in consultation with the
Secretary, shall establish a National Legal Orientation Support and
Training Center (referred to in this section as the ``Center'') to
ensure quality and consistent implementation of group legal orientation
programs nationwide.
(b) Duties.--The Center shall--
(1) offer training to nonprofit agencies that will offer
group legal orientation programs;
(2) consult with nonprofit agencies offering group legal
orientation programs regarding program development and
substantive legal issues;
(3) develop standards for group legal orientation programs;
and
(4) ensure that all detained aliens in immigration and
asylum proceedings under sections 235, 238, 240, and 241(b)(5)
of the Immigration and Nationality Act (8 U.S.C. 1225, 1228,
1229a, and 1231(b)(5)) receive group legal orientation
programs.
(c) Procedures.--The Secretary shall establish procedures for
regularly scheduled, group legal orientation presentations.
(d) Grants Authorized.--The Attorney General shall establish a
program to award grants to nongovernmental agencies to develop,
implement, or expand legal orientation programs for all detainees at a
detention facility that offers such programs.
SEC. 272. PROTECTIONS FOR REFUGEES.
(a) Protection of Refugees Prior to Adjustment.--Section 209 (8
U.S.C. 1159) is amended--
(1) in subsection (a)(1), by striking ``return or be
returned to the custody of the Department of Homeland Security
for inspection and examination for admission to the United
States as an immigrant in accordance with the provisions of
sections 235, 240, and 241'' and inserting ``be eligible for
adjustment of status as an immigrant to the United States'';
(2) in subsection (a)(2), by striking ``upon inspection and
examination''; and
(3) in subsection (c), by adding at the end the following:
``An application for adjustment under this section may be filed
up to 3 months before the date on which the applicant would
first otherwise be eligible for adjustment under this
section.''.
(b) Procedures for Ensuring Accuracy and Verifiability of Sworn
Statements Taken Pursuant to Expedited Removal Authority.--
(1) In general.--The Secretary shall establish quality
assurance procedures to ensure the accuracy and verifiability
of signed or sworn statements taken by employees of the
Department exercising expedited removal authority under section
235(b) of the Immigration and Nationality Act (8 U.S.C.
1225(b)).
(2) Recording of interviews.--Any sworn or signed written
statement taken of an alien as part of the record of a
proceeding under section 235(b)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)(1)(A) shall be accompanied by
a recording of the interview which served as the basis for that
sworn statement.
(3) Recordings.--
(A) In general.--The recording of the interview
shall include the written statement, in its entirety,
being read back to the alien in a language that the
alien claims to understand, and the alien affirming the
accuracy of the statement or making any corrections
thereto.
(B) Format.--The recording shall be made in video,
audio, or other equally reliable format.
(4) Exemption authority.--
(A) In general.--Subsections (b) and (c) shall not
apply to interviews that occur at detention facilities
exempted by the Secretary pursuant to this paragraph.
(B) Undue burdens or costs.--The Secretary or the
Secretary's designee may exempt any detention facility
based on a determination by the Secretary or the
Secretary's designee that compliance with subsections
(b) and (c) at that facility would impair operations or
impose undue burdens or costs.
(C) Annual report.--The Secretary or the
Secretary's designee shall report annually to Congress
on the detention facilities that have been exempted
pursuant to this subsection.
(D) Private cause of action.--The exercise of the
exemption authority shall not give rise to a private
cause of action.
(c) Interpreters.--The Secretary shall ensure that a professional,
fluent interpreter is used when--
(1) the interviewing officer does not speak a language
understood by the alien; and
(2) no other Federal, State or local government employee is
available who is able to interpret effectively, accurately, and
impartially.
(d) Recordings in Immigration Proceedings.--Recordings of
interviews of aliens described in section (b) shall be included in the
record of a proceeding and may be considered as evidence in any further
proceedings involving the alien.
(e) Study on the Effect of Expedited Removal Provisions, Practices
and Procedures on Asylum Claims.--
(1) In general.--The United States Commission on
International Religious Freedom (referred to in this subsection
as the ``Commission'') is authorized to conduct a study to
determine whether immigration officers described in paragraph
(2) are engaging in conduct described in paragraph (3).
(2) Immigration officers described.--An immigration officer
described in this paragraph is an immigration officer
performing duties under section 235(b) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)) with respect to aliens who
are apprehended after entering the United States and who may be
eligible to apply for asylum under such section or section 208
of such Act (8 U.S.C. 1158).
(3) Conduct described.--Conduct described in this paragraph
is--
(A) improperly encouraging an alien described in
paragraph (2) to withdraw or retract claims for asylum;
(B) incorrectly failing to refer such an alien for
an interview by an asylum officer for a determination
of whether the alien has a credible fear of persecution
(within the meaning of section 235(b)(1)(B)(v) of the
Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(B)(v)));
(C) incorrectly removing such an alien to a country
where the alien may be persecuted; or
(D) detaining such an alien improperly or in
inappropriate conditions.
(f) Report.--Not later than 2 years after the date on which the
Commission initiates the study conducted under subsection (a), the
Commission shall submit a report containing the results of the study
to--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on Homeland Security of the House of
Representatives;
(5) the Committee on the Judiciary of the House of
Representatives; and
(6) the Committee on Foreign Affairs of the House of
Representatives.
(g) Staff.--
(1) From other agencies.--At the request of the Commission,
the Secretary, the Attorney General, and the Comptroller
General of the United States shall authorize staff designated
by the Commission who are recognized for their expertise and
knowledge of refugee and asylum issues to assist the Commission
in conducting the study under subsection (a).
(2) Hiring of staff.--The Commission may hire additional
staff and consultants to conduct the study under subsection
(a).
(3) Access to proceedings.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary and the Attorney General shall
permit staff designated under paragraph (1) or hired
under paragraph (2) to have unrestricted access to all
stages of all proceedings conducted under section
235(b) of the Immigration and Nationality Act (8 U.S.C.
1225(b)).
(B) Exceptions.--The Secretary and the Attorney
General shall not permit unrestricted access pursuant
to subparagraph (A) in any case in which--
(i) an alien that is subject to a
proceeding conducted under section 235(b) of
the Immigration and Nationality Act objects to
such access; or
(ii) the Secretary or Attorney General
determines that the security of a particular
proceeding would be threatened by such access.
SEC. 273. 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 shall be in the Department of Homeland
Security the 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 U.S. 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. 274. ELIMINATION OF TIME LIMITS ON ASYLUM APPLICATIONS.
Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--
(1) in subparagraph (A), by striking ``Attorney General''
each place it appears and inserting ``Attorney General or the
Secretary of Homeland Security'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively;
(4) in subparagraph (B), as redesignated, by striking
``subparagraph (D)'' and inserting ``subparagraphs (C) and
(D)''; and
(5) by striking subparagraph (C), as redesignated, and
inserting the following:
``(C) Changed circumstances.--Notwithstanding
subparagraph (B), an application for asylum of an alien
may be considered if the alien demonstrates, to the
satisfaction of the Attorney General or the Secretary
of Homeland Security, the existence of changed
circumstances that materially affect the applicant's
eligibility for asylum.
``(D) Motion to reopen denied asylum claim.--
Notwithstanding subparagraph (B) or section 240(c)(7),
an alien may file a motion to reopen an asylum claim
during the 2-year period beginning on the date of the
enactment of this subparagraph if the alien--
``(i) was denied asylum based solely upon a
failure to meet the 1-year application filing
deadline in effect on the date on which the
application was filed;
``(ii) was granted withholding of removal
to the alien's country of nationality (or, if
stateless, to the country of last habitual
residence under section 241(b)(3));
``(iii) has not obtained lawful permanent
residence in the United States pursuant to any
other provision of law;
``(iv) is not subject to the safe third
country exception in section 208(a)(2)(A) or a
bar to asylum under section 208(b)(2) and
should not be denied asylum as a matter of
discretion; and
``(v) is physically present in the United
States when the motion is filed.''; and
(6) in subparagraph (E), by striking ``subparagraphs (A)
and (B)'' and inserting ``subparagraph (A).''
SEC. 275. EFFICIENT ASYLUM DETERMINATION PROCESS AND DETENTION OF
ASYLUM SEEKERS.
Section 235(b)(1)(B) (8 U.S.C. 1225(b)(1)(B)) is amended--
(1) in clause (ii), by striking ``shall be detained for
further consideration of the application for asylum'' and
inserting ``may, in the Secretary's discretion, be detained for
further consideration of the application for asylum by an
asylum officer designated by the Director of United States
Citizenship and Immigration Services. The asylum officer, after
conducting a nonadversarial asylum interview, may grant asylum
to the alien under section 208 or refer the case to a designee
of the Attorney General, for a de novo asylum determination,
for relief under the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, done at
New York December 10, 1984, or for withholding of removal under
section 241(b)(3).''; and
(2) in clause (iii)(IV)--
(A) by amending the subclause heading to read as
follows:
``(IV) Detention.--''; and
(B) by striking ``shall'' and inserting ``may, in
the Secretary's discretion,''.
SEC. 276. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.
(a) In General.--Chapter 1 of title II (8 U.S.C. 1151 et seq.) is
amended by adding at the end the following:
``SEC. 210A. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.
``(a) Defined Term.--
``(1) In general.--In this section, the term `de jure
stateless person' means an individual who is not considered a
national under the laws of any country. Individuals who have
lost their nationality as a result of their voluntary action or
knowing inaction after arrival in the United States shall not
be considered de jure stateless persons.
``(2) Designation of specific de jure groups.--The
Secretary of Homeland Security, in consultation with the
Secretary of State, may, in the discretion of the Secretary,
designate specific groups of individuals who are considered de
jure stateless persons, for purposes of this section.
``(b) Mechanisms for Regularizing the Status of Stateless
Persons.--
``(1) Relief for individuals determined to be de jure
stateless persons.--The Secretary of Homeland Security or the
Attorney General may, in his or her discretion, provide
conditional lawful status to an alien who is otherwise
inadmissible or deportable from the United States if the
alien--
``(A) is a de jure stateless person;
``(B) applies for such relief;
``(C) is not inadmissible under paragraph (2) or
(3) of section 212(a); and
``(D) is not described in section 241(b)(3)(B)(i).
``(2) Waivers.--The provisions of paragraphs (4), (5),
(6)(A), (7)(A), and (9) of section 212(a) shall not be
applicable to any alien seeking relief under paragraph (1), and
the Secretary of Homeland Security or the Attorney General may
waive any other provision of such section (other than paragraph
(2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3))
with respect to such an alien for humanitarian purposes, to
assure family unity, or when it is otherwise in the public
interest.
``(3) Submission of passport or travel document.--Any alien
who seeks benefits under this section must submit to the
Secretary or the Attorney General--
``(A) any passport or travel document issued at any
time to the alien (whether or not the passport or
document has expired or been cancelled, rescinded, or
revoked); or
``(B) an affidavit sworn under penalty of perjury
stating that the alien has never been issued a passport
or travel document, or identifying with particularity
any such passport or travel document and explaining why
the alien cannot submit it.
``(4) Work authorization.--The Secretary may--
``(A) authorize an alien who has applied for relief
under paragraph (1) to engage in employment in the
United States while such application is being
considered; and
``(B) provide such applicant with an employment
authorized endorsement or other appropriate document
signifying authorization of employment.
``(5) Treatment of spouses and children.--The spouse or
child of an alien who has been granted conditional lawful
status under paragraph (1) shall, if not otherwise eligible for
admission under paragraph (1), be granted conditional lawful
status under this section if accompanying, or following to
join, such alien, provided that the spouse or child is
admissible (except as otherwise provided in paragraph (2)), and
provided further that the qualifying relationship to the
principal beneficiary existed on the date on which such alien
was granted conditional lawful status.
``(c) Adjustment of Status.--
``(1) Inspection and examination.--At the end of the 5-year
period beginning on the date on which an alien has been granted
conditional lawful status under subsection (b), the alien may
apply for lawful permanent residence in the United States if--
``(A) the alien has been physically present in the
United States for at least 5 years;
``(B) the alien's conditional lawful status has not
been terminated by the Secretary of Homeland Security
or the Attorney General, pursuant to such regulations
as the Secretary or the Attorney General may prescribe;
and
``(C) the alien has not otherwise acquired
permanent resident status.
``(2) Requirements for adjustment.--The Secretary or the
Attorney General, under such regulations as the Secretary or
the Attorney General may prescribe, may adjust the status of an
alien granted conditional lawful status under subsection (b) to
that of an alien lawfully admitted for permanent residence if
such alien--
``(A) is a de jure stateless person;
``(B) properly applies for such adjustment of
status;
``(C) has been physically present in the United
States for at least 5 years after being granted
conditional lawful status under subsection (b);
``(D) is not firmly resettled in any foreign
country; and
``(E) is admissible (except as otherwise provided
under subsection (b)(2)) as an immigrant under this
chapter at the time of examination of such alien for
adjustment of status.
``(3) Record.--Upon approval of an application under this
subsection, the Secretary or the Attorney General shall
establish a record of the alien's admission for lawful
permanent residence as of the date that is 5 years before the
date of such approval.
``(d) Proving the Claim.--In determining an alien's eligibility for
lawful conditional status or adjustment of status under this
subsection, the Secretary or the Attorney General shall consider any
credible evidence relevant to the application. The determination of
what evidence is credible and the weight to be given that evidence
shall be within the sole discretion of the Secretary or the Attorney
General.
``(e) Review.--
``(1) Administrative review.--No appeal shall lie from the
denial of an application by the Secretary, but such denial will
be without prejudice to the alien's right to renew the
application in proceedings under section 240.
``(2) Motions to reopen.--Notwithstanding any limitation
imposed by law on motions to reopen removal, deportation, or
exclusion proceedings, any individual who is eligible for
relief under this section may file 1 motion to reopen removal
or deportation proceedings in order to apply for relief under
this section, except that any such motion shall be filed not
later than the later of--
``(A) 2 years after the date of the enactment of
this section; or
``(B) 90 days after the date of entry of a final
administrative order of removal, deportation, or
exclusion.
``(f) Limitation.--The provisions of this section shall apply only
to aliens present in the United States. Nothing in this section may be
construed to authorize or require--
``(1) the admission of any alien to the United States;
``(2) the parole of any alien into the United States; or
``(3) the grant of any motion to reopen or reconsider filed
by an alien after departure or removal from the United
States.''.
(b) Judicial Review.--Section 242(a)(2)(B)(ii) of the Immigration
and Nationality Act (8 U.S.C. 1252(a)(2)(B)(ii)) is amended by
inserting ``or 210A'' after ``208(a)''.
(c) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by inserting after the item relating to
section 210 the following:
``210A. Protection of stateless persons in the United States.''.
SEC. 277. AUTHORITY TO DESIGNATE CERTAIN GROUPS OF REFUGEES FOR
CONSIDERATION.
(a) In General.--Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is
amended--
(1) by inserting ``(A)'' before ``Subject to the numerical
limitations''; and
(2) by adding at the end the following:
``(B)(i) The President, upon a recommendation of the Secretary of
State made in consultation with the Secretary of Homeland Security, and
after appropriate consultation, may designate specifically defined
groups of aliens whose resettlement in the United States is justified
by humanitarian concerns or is otherwise in the national interest and
who share common characteristics that identify them as targets of
persecution on account of race, religion, nationality, membership in a
particular social group, or political opinion or of other serious harm,
or who, having been identified as targets of persecution on account of
race, religion, nationality, membership in a particular social group,
or political opinion or of other serious harm, share a common need for
resettlement due to a specific vulnerability.
``(ii) An alien who establishes membership in a group designated
under clause (i) to the satisfaction of the Secretary of Homeland
Security shall be considered a refugee for purposes of admission as a
refugee under this section, unless the Secretary determines that such
alien ordered, incited, assisted or otherwise participated in the
persecution of any person on account of race, religion, nationality,
membership in a particular social group, or political opinion.
``(iii) A designation under clause (i)--
``(I) may be revoked by the President at any time after
notification to Congress;
``(II) if not revoked, shall expire at the end of each
fiscal year; and
``(III) may be renewed by the President after appropriate
consultation.
``(iv) Categories of aliens established under section 599D of title
V of Public Law 101-167 (8 U.S.C. 1157 note) shall--
``(I) be designated under clause (i) until the end of the
first fiscal year commencing after the date of the enactment of
this subparagraph; and
``(II) be eligible for designation thereafter, at the
discretion of the President.
``(v) An alien's admission under this subparagraph shall count
against the refugee admissions goal under subsection (a).
``(vi) A designation under clause (i) shall not influence decisions
to grant, to any alien, asylum under section 208, protection under
section 241(b)(3), or protection under Article 3 of the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York December 10, 1984.''.
(b) Written Reasons for Denials of Refugee Status.--Each decision
to deny an application for refugee status of an alien who is within a
category established under this section shall be in writing and shall
state, to the maximum extent feasible, the reason for the denial.
(c) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the first fiscal year that begins after
the date of the enactment of this Act.
SEC. 278. ADMISSION OF REFUGEES IN THE ABSENCE OF THE ANNUAL
PRESIDENTIAL DETERMINATION.
Section 207(a) (8 U.S.C. 1157(a)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (1), (2), (3), and (4), respectively;
(3) in paragraph (1), as redesignated--
(A) by striking ``after fiscal year 1982''; and
(B) by adding at the end the following: ``If the
President does not issue a determination under this
paragraph before the beginning of a fiscal year, the
number of refugees that may be admitted under this
section in each quarter before the issuance of such
determination shall be 25 percent of the number of
refugees admissible under this section during the
previous fiscal year.''; and
(4) in paragraph (3), as redesignated, by striking
``(beginning with fiscal year 1992)''.
Subtitle C--Reforming America's Legal Immigration System
PART I--STANDING COMMISSION ON FOREIGN WORKERS, LABOR MARKETS, AND THE
NATIONAL INTEREST
SEC. 300. STANDING COMMISSION ON FOREIGN WORKERS, LABOR MARKETS, AND
THE NATIONAL INTEREST.
(a) Establishment of Commission.--
(1) In general.--There is established an independent
Federal agency within the executive branch to be known as the
Standing Commission on Foreign Workers, Labor Markets, and the
National Interest (referred to in this section as the
``Commission'').
(2) Purposes.--The purposes of the Commission are--
(A) to 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) to create and implement a policy-focused
research agenda on the economic impacts of immigration
at the national, regional, State, industry and
occupation levels;
(C) to 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) to recommend to the Congress and the President
on a regular basis an evidence-based methodology for
determining the level of employment-based immigration;
(E) to recommend to Congress and the President the
numeric levels and characteristics of workers to be
admitted in various employment-based visa categories;
(F) to work with the Department of Labor to conduct
pilot programs to examine ways to improve the operation
of foreign worker programs; and
(G) to collect and analyze information about the
economic, labor, security, and foreign policy impacts
of our Nation's immigration policies.
(3) Membership.--The Commission shall be composed of--
(A) 7 voting members--
(i) who shall be appointed by the
President, with the advice and consent of the
Senate, not later than 6 months after the date
of the enactment of this Act;
(ii) who shall serve for 5-year staggered
terms;
(iii) 1 of whom the President shall appoint
as Chair of the Commission to serve a 6-year
term, which can be extended for 1 additional 3-
year term;
(iv) who shall have expertise in economics,
demography, sociology, labor, business, civil
rights, immigration, or other pertinent
qualifications or experience;
(v) who may not be an employee of the
Federal Government or of any State or local
government; and
(vi) not more than 4 of whom may be members
of the same political party; 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.--Four voting members of the Commission
shall constitute a quorum.
(b) Duties of the Commission.--The Commission shall collect,
analyze, and publish data regarding--
(1) the historic migration patterns to and from the United
States and demographic trends, including the birth rate,
education levels, and age profiles of the immigrant and native
population of the United States;
(2) the national, regional, State, and local impacts of
employment-based immigration--
(A) within industries and business sectors;
(B) on wages, labor standards, occupations, and
employment levels;
(C) on small business;
(D) on employment and unemployment levels;
(E) on economic growth, productivity, and
competitiveness;
(F) on national and border security; and
(G) on local communities;
(3) the development and implementation of the new worker
program to admit H-2C nonimmigrants (referred to in this
section as the ``Program''), including--
(A) the criteria for the admission of workers under
the Program; and
(B) the formula and methodologies for determining
the annual numerical limitations of the Program;
(4) the current and anticipated needs of employers for
skilled and unskilled labor;
(5) the national interest;
(6) the current and anticipated supply of skilled and
unskilled labor;
(7) the impact of employment-based immigration on the
economic growth, competitiveness, labor standards, labor
conditions, and wages;
(8) the extent and impact of unauthorized employment in the
United States;
(9) the factors that determine the economic success of
immigrants to the United States;
(10) specific aspects of the Nation's immigration policies
and programs that Congress has requested the Commission to
examine or analyze; and
(11) any other matters regarding the impact of employment-
based immigration that the Commission considers appropriate.
(c) Annual Reports.--
(1) Program evaluation.--Not later than 1 year after the
date of the enactment of this Act, and annually thereafter, the
Commission shall submit a report to the President and Congress
that--
(A) assesses the economic, labor, security, and
foreign policy impacts of the Nation's immigration
policies;
(B) evaluates the Program and defines a formula and
methodologies for measuring the need for nonimmigrants
in States, industries, and occupations;
(C) recommends adjustments, based on the
established methodologies, to the Program's numeric
allocations for the subsequent fiscal year; and
(D) reviews the issuance and allocations of
employment-based immigrant and nonimmigrant visa
categories.
(2) Effect on employment levels.--Not later than February 1
of each year, the Commission shall submit a report to Congress
that contains--
(A) the Commission's recommendations on the
increase or decrease in the number of employment-based
immigrant visas to be made available for temporary or
permanent employment under the Immigration and
Nationality Act and a statement of the reasons for such
recommendations; and
(B) the Commission's recommendations on how many
immigrant visas from the discretionary national
interest pool described in section 301(e) should be
added to the subsequent fiscal year's annual immigrant
visa allocations to comport with the increases
recommended in subparagraph (A) and to which employment
preference categories such visas should be added.
(3) Effect of congressional inaction.--If Congress does not
enact a law to approve or disapprove the Commission's
recommendations under paragraph (2) not later than 90 days
after receiving a report under such paragraph, the number of
employment-based immigrant visas shall remain at the level
authorized for the previous fiscal year.
(d) National Interest Defined.--For purposes of determining whether
immigrant visas should be allocated from the discretionary national
interest pool in a given fiscal year, the term ``national interest''
shall be broadly defined and shall take into consideration--
(1) national and regional unemployment rates;
(2) unemployment rates by industry and sector;
(3) national and regional demographic and industry
projections;
(4) wage and labor impact;
(5) education, workforce development, and social support
considerations;
(6) immigrant visa backlogs and length of familial
separation;
(7) national security and border security;
(8) community impact assessments; and
(9) competitiveness and economic growth.
(e) Powers of the Commission.--The Commission, by vote of a
majority of the members present and voting, shall have the power to--
(1) establish general policies and promulgate such rules
and regulations for the Commission as are necessary to carry
out the purposes of this section;
(2) appoint and fix the salary and duties of the Staff
Director of the Commission, who shall serve at the discretion
of the Commission and who shall be compensated at a rate not to
exceed the highest rate now or hereafter prescribed for Level 6
of the Senior Executive Service Schedule (5 U.S.C. 5382), and
such other personnel as may be necessary to enable the
Commission to carry out its functions;
(3) deny, revise, or ratify any request for regular,
supplemental, or deficiency appropriations prior to any
submission of such request to the Office of Management and
Budget by the Chair;
(4) utilize, with their consent, the services, equipment,
personnel, information, and facilities of other Federal, State,
local, and private agencies and instrumentalities with or
without reimbursement for such utilization;
(5) without regard to section 3324 of title 31, United
States Code, enter into and perform such contracts, leases,
cooperative agreements, and other transactions as may be
necessary in the conduct of the functions of the Commission,
with any public agency, or with any person, firm, association,
corporation, educational institution, or nonprofit
organization;
(6) accept and employ, in carrying out the provisions of
this title, voluntary and uncompensated services,
notwithstanding the provisions of section 1342 of title 31,
United States Code, however, individuals providing such
services shall not be considered Federal employees except for
purposes of chapter 81 of title 5, United States Code, with
respect to job-incurred disability and title 28, United States
Code, with respect to tort claims;
(7) request such information, data, and reports from any
Federal agency as the Commission may from time to time require
and as may be produced consistent with other law;
(8) arrange with the head of any other Federal agency for
the performance by such agency of any function of the
Commission, with or without reimbursement;
(9) establish a research and development program within the
Commission for the purpose of understanding and documenting the
effects of immigration and the admission of foreign workers on
the labor market and national competitiveness;
(10) collect systematically the data obtained from studies,
research, and the empirical experience of public and private
agencies concerning the need for and effects of immigration;
(11) interview and confer with State and local officials,
representatives of labor and industry, and experts in academia
to obtain information about the need for or benefit of
additional immigrant or nonimmigrant workers;
(12) make recommendations to Congress concerning the
numeric limitations of the immigrant and nonimmigrant
employment-based visa categories and recommend modifications or
the enactment of statutes relating to matters that the
Commission finds to be necessary and advisable to carry out an
effective immigration policy;
(13) hold hearings and call witnesses to assist the
Commission in the exercise of its powers or duties;
(14) retain and, in its discretion pay reasonable
attorneys' fees out if its appropriated funds to, private
attorneys who--
(A) shall provide legal advice to the Commission in
the conduct of its work, or to appear for or represent
the Commission in any case in which the Commission is
authorized by law to represent itself, or in which the
Commission is representing itself with the consent of
the Department of Justice; and
(B) when serving as officers or employees of the
United States, shall be considered special Government
employees (as defined in section 202(a) of title 18,
United States Code);
(15) grant incentive awards to its employees pursuant to
chapter 45 of title 5, United States Code;
(16) create occupational, industry, and regional advisory
committees; and
(17) perform such other functions as may be necessary to
carry out the purposes of this section, which may be delegated
to any member or designated person, as appropriate.
(f) Information and Assistance From Federal Agencies.--
(1) Information.--The head of any Federal department or
agency that receives a request from the Commission for
information, including suggestions, estimates, and statistics,
as the Commission considers necessary to carry out the
provisions of this section, shall furnish such information to
the Commission, to the extent allowed by law.
(2) Assistance.--
(A) General services administration.--The
Administrator of General Services shall, on a
reimbursable basis, provide the Commission with
administrative support and other services for the
performance of the Commission's functions.
(B) Other federal agencies.--The departments and
agencies of the United States may provide the
Commission with such services, funds, facilities,
staff, and other support services as the heads of such
departments and agencies determine advisable and
authorized by law.
(g) Personnel Matters.--
(1) Staff.--
(A) Appointment and compensation.--The Chair, in
accordance with rules agreed upon by the Commission,
may appoint and fix the compensation of a staff
director and such other personnel as may be necessary
to enable the Commission to carry out its functions.
(B) Federal employees.--
(i) In general.--Except as provided under
clause (ii), the executive director and any
personnel of the Commission who are employees
shall be considered to be employees under
section 2105 of title 5, United States Code,
for purposes of chapters 63, 81, 83, 84, 85,
87, 89, and 90 of such title.
(ii) Commission members.--Clause (i) shall
not apply to members of the Commission.
(2) Detailees.--Any employee of the Federal Government may
be detailed to the Commission without reimbursement from the
Commission. Such detailee shall retain the rights, status, and
privileges of his or her regular employment without
interruption.
(3) Consultant services.--The Commission may procure the
services of experts and consultants in accordance with section
3109 of title 5, United States Code, at rates not to exceed the
daily rate paid a person occupying a position at level IV of
the Executive Schedule under section 5315 of such title 5.
(h) Compensation and Travel Expenses.--
(1) Compensation.--Each voting member of the Commission may
be compensated at a rate not to exceed the daily equivalent of
the annual rate of basic pay in effect for a position at level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(2) Travel expenses.--Members of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under section 5703(b) of title 5, United States Code, while
away from their homes or regular places of business in the
performance of services for the Commission.
PART II--FAMILY AND EMPLOYMENT VISA REFORMS
CHAPTER 1--FAMILY AND EMPLOYMENT-BASED IMMIGRANT VISAS
SEC. 301. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.
(a) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c)
(8 U.S.C. 1151(c)) is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--
``(1) In general.--Subject to subparagraph (B), the
worldwide level of family-sponsored immigrants under this
subsection for a fiscal year is equal to the sum of--
``(A) 480,000; and
``(B) the sum of--
``(i) the number computed under paragraph
(2); and
``(ii) the number computed under paragraph
(3).
``(2) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level of family-sponsored
immigrant visas established for the previous fiscal
year; and
``(B) the number of visas issued under section
203(a), subject to this subsection, during the previous
fiscal year.
``(3) Unused visa numbers from fiscal years 1992 through
2007.--The number computed under this paragraph is--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels of
family-sponsored immigrant visas established
for fiscal years 1992 through 2007; and
``(ii) the number of visas issued under
section 203(a), subject to this subsection,
during such fiscal years; and
``(B) the number of unused visas from fiscal years
1992 through 2007 that were issued after fiscal year
2007 under section 203(a), subject to this
subsection.''.
(b) Worldwide Level of Employment-Based Immigrants.--Section 201(d)
(8 U.S.C. 1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--The worldwide level of employment-based
immigrants under this subsection for a fiscal year is equal to
the sum of--
``(A) 140,000;
``(B) the number computed under paragraph (2); and
``(C) the number computed under paragraph (3).
``(2) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level of employment-based
immigrant visas established for the previous fiscal
year; and
``(B) the number of visas issued under section
203(b), subject to this subsection, during the previous
fiscal year.
``(3) Unused visa numbers from fiscal years 1992 through
2007.--The number computed under this paragraph is the
difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels of
employment-based immigrant visas established
for each of fiscal years 1992 through 2007; and
``(ii) the number of visas issued under
section 203(b), subject to this subsection,
during such fiscal years; and
``(B) the number of unused visas from fiscal years
1992 through 2007 that were issued after fiscal year
2007 under section 203(b), subject to this
subsection.''.
(c) Aliens Not Subject to Direct Numerical Limitations.--Section
201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the
following:
``(F) A derivative beneficiary as described in
section 203(d) of an employment-based immigrant under
section 203(b).
``(G) Aliens with extraordinary ability in the
sciences, arts, education, business, or athletics which
has been demonstrated by sustained national or
international acclaim, if:
``(i) the achievements of such alien have
been recognized in the field through extensive
documentation;
``(ii) such alien seeks to enter the United
States to continue work in the area of
extraordinary ability; and
``(iii) the entry of such alien into the
United States will substantially benefit
prospectively the United States.
``(H) Aliens who have earned an advanced degree in
the sciences (not including the social sciences),
technology, engineering, or mathematics from a United
States institution of higher education (as defined in
section 1001(a) of title 20) and have been working in a
field related to their degree subject in the United
States under a nonimmigrant visa during the 2-year
period preceding their application for an immigrant
visa under section 203(b).
``(I) Alien physicians who have completed service
requirements of a waiver or exemption requested by an
interested State agency or by an interested Federal
agency under section 214(l), including those alien
physicians who completed such service before the date
of the enactment of this subparagraph.
``(J) Aliens who are eligible for adjustment of
status under section 245(n)(1) as an alien who
described in section 101(a)(15)(H)(ii)(c).''
(d) Requirement To Satisfy Eligibility Requirements.--Section 203
(8 U.S.C. 1153) is amended by adding at the end the following new
subsection:
``(i) Requirement To Satisfy Eligibility Requirements.--
Notwithstanding the inapplicability of the worldwide levels specified
in sections 201(c) and (d) to aliens described in section 201(b)(1),
aliens described in subparagraph (H) or (I) of section 201(b)(1) shall
satisfy the requirements for eligibility for an immigrant visa under 1
of the preference categories under subsection (b).''.
(e) Discretionary National Interest Pool.--The discretionary
national interest pool is the number that is the average of the
difference between--
(1) the number of legal immigrant visas issued annually
from fiscal year 1995 through fiscal year 2010; and
(2) the number of legal immigrant visas issued annually
plus unauthorized entries estimated annually by the Secretary
of Homeland Security from fiscal year 1995 through fiscal year
2010.
(f) Applicability.--The amendments made by subsection (c) shall
apply to any immigrant petition or immigrant visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
(g) Elimination of the EB-1A Preference Category.--Section
203(b)(1) (8 U.S.C. 1153(b)(1)) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(h) Effective Date.--The amendments made by this section shall take
effect on the first day of the first fiscal year that commences no
earlier than 9 months after the date of the enactment of the
Comprehensive Immigration Reform Act of 2010.
SEC. 302. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LAWFUL
PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.
(a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended
to read as follows:
``(2)(A)(i) Immediate relatives.
``(ii) In this paragraph, 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.
``(iii) If an alien who was the spouse of a citizen of the
United States and was not legally separated from the citizen at
the time of the citizen`s death files a petition under section
204(a)(1)(A)(ii) not later than 2 years after the date of the
citizen's death, the alien and each child of the alien shall be
remain, for purposes of this paragraph, an immediate relative
during the period beginning on the date of the citizen's death
and ending on the date on which the alien remarries.
``(iv) An alien who has filed a petition under clause (iii)
or (iv) of section 204(a)(1)(A) shall remain, for purposes of
this paragraph, a an immediate relative if the United States
citizen or lawful permanent resident spouse or parent loses
United States citizenship on account of the abuse.
``(B) Aliens admitted under section 211(a) on the basis of
a prior issuance of a visa to their accompanying parent who is
an immediate relative.
``(C) Aliens born to an alien lawfully admitted for
permanent residence during a temporary visit abroad.''.
(b) Allocation of Immigrant Visas.--Section 203(a) (8 U.S.C.
1153(a)) is amended--
(1) in paragraph (1), by striking ``23,400'' and inserting
``127,200'';
(2) by striking paragraph (2) and inserting the following:
``(2) Unmarried sons and unmarried daughters of permanent
resident aliens.--Qualified immigrants who are the unmarried
sons or unmarried daughters (but are not the children) of an
alien lawfully admitted for permanent residence shall be
allocated visas in a number not to exceed 80,640, plus any
visas not required for the class specified in paragraph (1).'';
(3) in paragraph (3), by striking ``23,400'' and inserting
``80,640''; and
(4) in paragraph (4), by striking ``65,000'' and inserting
``191,520''.
(c) Technical and Conforming Amendments.--
(1) Rules for determining whether certain aliens are
immediate relatives.--Section 201(f) (8 U.S.C. 1151(f)) is
amended--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3),'' and inserting ``paragraph (2),'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (3), as redesignated by
subparagraph (C), by striking ``through (3)'' and
inserting ``and (2)''.
(2) Numerical limitation to any single foreign state.--
Section 202 (8 U.S.C. 1152) is amended--
(A) in subsection (a)(4)--
(i) by striking subparagraphs (A) and (B);
(ii) by redesignating subparagraphs (C) and
(D) as subparagraphs (A) and (B), respectively;
and
(iii) in subparagraph (A), as redesignated
by clause (ii), by striking ``section
203(a)(2)(B)'' and inserting ``section
203(a)(2)''; and
(B) in subsection (e), in the flush matter
following paragraph (3), by striking ``, or as limiting
the number of visas that may be issued under section
203(a)(2)(A) pursuant to subsection (a)(4)(A)''.
(3) Allocation of immigration visas.--Section 203(h) (8
U.S.C. 1153(h)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``subsections (a)(2)(A) and
(d)'' and inserting ``subsection (d)'';
(ii) in subparagraph (A), by striking
``becomes available for such alien (or, in the
case of subsection (d), the date on which an
immigrant visa number became available for the
alien's parent),'' and inserting ``became
available for the alien's parent,''; and
(iii) in subparagraph (B), by striking
``applicable'';
(B) by amending paragraph (2) to read as follows:
``(2) Petitions described.--The petition described in this
paragraph is a petition filed under section 204 for
classification of the alien's parent under subsection (a), (b),
or (c).''; and
(C) in paragraph (3), by striking ``subsections
(a)(2)(A) and (d)'' and inserting ``subsection (d)''.
(4) Procedure for granting immigrant status.--Section 204
(8 U.S.C. 1154) is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting
``or lawful permanent resident'' after
``citizen'';
(II) in clause (ii), by striking
``described in the second sentence of
section 201(b)(2)(A)(i) also'' and
inserting ``, alien child, or alien
parent described in section
201(b)(2)(A)'';
(III) in clause (iii)--
(aa) in subclause (I)(aa),
by inserting ``or legal
permanent resident'' after
``citizen''; and
(bb) in subclause
(II)(aa)--
(AA) in subitems
(AA) and (BB), by
inserting ``or legal
permanent resident;''
after ``citizen'' each
place that term
appears;
(BB) in subitem
(CC), by inserting ``or
legal permanent
resident'' after
``citizen'' each place
that term appears; and
(CC) in subitem
(CC)(bbb), by inserting
``or legal permanent
resident'' after
``citizenship'';
(IV) in clause (iv), by inserting
``or legal permanent resident'' after
``citizen'' each place that term
appears;
(V) in clause (v)(I), by inserting
``or legal permanent resident'' after
``citizen''; and
(VI) in clause (vi)--
(aa) by inserting ``or
legal permanent resident
status'' after ``renunciation
of citizenship''; and
(bb) by inserting ``or
legal permanent resident''
after ``abuser's citizenship'';
(ii) by striking subparagraph (B);
(iii) in subparagraph (C), by striking
``subparagraph (A)(iii), (A)(iv), (B)(ii), or
(B)(iii)'' and inserting ``clause (iii) or (iv)
of subparagraph (A)''; and
(iv) in subparagraph (J), by striking ``or
clause (ii) or (iii) of subparagraph (B)'';
(B) in subsection (a), by striking paragraph (2);
(C) in subsection (c)(1), by striking ``or
preference status''; and
(D) in subsection (h), by striking ``or a petition
filed under subsection (a)(1)(B)(ii)''.
(d) Country Limit.--Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is
amended to read as follows:
``(2) Per country levels for family-sponsored and
employment-based immigrants.--Subject to paragraphs (3), (4),
and (5) the total number of immigrant visas made available to
natives of any single foreign state under subsection (a) of
section 203 in any fiscal year may not exceed 15 percent of the
total number of such visas made available under such subsection
in that fiscal year.''.
SEC. 303. RETENTION OF PRIORITY DATE.
Section 203(h)(3) (8 U.S.C. 1153(h)(3)) is amended to read as
follows:
``(3) Retention of priority date.--If the age of an alien
is determined under paragraph (1) to be 21 years of age or
older for the purposes of subsections (a)(2)(A) and (d), and a
parent of the alien files a petition under section 204 for
classification of such alien based upon a relationship
described in subsection (a), the priority date for such
petition shall be the original priority date issued upon
receipt of the original family- or employment-based petition
for which either parent was a beneficiary.''.
SEC. 304. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL OR
DEPORTATION OF CITIZEN AND RESIDENT IMMEDIATE FAMILY
MEMBERS.
Section 240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended by adding at
the end the following:
``(D) Judicial discretion.--In the case of an alien
subject to removal, deportation, or exclusion, the
immigration judge may exercise discretion to decline to
order the alien removed, deported or excluded from the
United States if the judge determines that such
removal, deportation, or exclusion is against the
public interest or would result in hardship to the
alien's United States citizen or permanent resident
parent, spouse, or child except that this subparagraph
shall not apply to an alien whom the judge determines--
``(i) is described in--
``(I) subparagraph (B), (C),
(D)(ii), (E), (H), (I), or (J) of
section 212(a)(2);
``(II) section 212(a)(3);
``(III) subparagraph (A), (C), or
(D) of section 212(a)(10); or
``(IV) section 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. 305. MILITARY FAMILIES.
(a) In General.--Section 245 (8 U.S.C. 1255) is amended by adding
at the end the following:
``(n) Adjustment of Status for Immediate Family Members of Members
of the Armed Forces.--
``(1) In general.--The Secretary of Homeland Security shall
adjust the status of an alien described in paragraph (2) to
that of an alien lawfully admitted for permanent residence if
the alien--
``(A) applies for such adjustment;
``(B) is admissible to the United States as an
immigrant, except as provided in paragraph (4); and
``(C) is physically present in the United States.
``(2) Aliens eligible for adjustment of status.--An alien
described in this paragraph is an alien--
``(A) who is a parent, spouse, child, son,
daughter, or the legal guardian of a child of--
``(i) a living Armed Forces member; or
``(ii) a deceased Armed Forces member if--
``(I) the Armed Forces member died
as a result of injury or disease
incurred in, or aggravated by, the
Armed Forces member's service; and
``(II) the alien applies for such
adjustment--
``(aa) if the death of the
Armed Forces member occurred
before the date of the
enactment of the CIR Act of
2011, not later than 2 years
after such date of enactment;
or
``(bb) if the death of the
Armed Forces member occurred
after the date of the enactment
of the CIR Act of 2011, not
later than 2 years after the
death of the Armed Forces
member; or
``(B) who is the spouse, child, son, or daughter of
an alien described in subparagraph (A).
``(3) Armed forces member defined.--In this subsection, the
term `Armed Forces member' means an individual who--
``(A) is, or was at the time of the individual's
death described in paragraph (2)(A)(ii)(I), a national
of the United States or lawfully admitted for permanent
residence;
``(B) on or after October 7, 2001, served as a
member of--
``(i) the Armed Forces on active duty;
``(ii) the National Guard; or
``(iii) the Selected Reserve of the Ready
Reserve; and
``(C) if separated from the service described in
subparagraph (B), was separated under honorable
conditions.
``(4) Inapplicability of certain grounds of
inadmissibility.--
``(A) In general.--The provisions of paragraphs
(4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a)
shall not apply to an adjustment of status made
pursuant to this subsection.
``(B) Waiver.--The Secretary of Homeland Security
or the Attorney General, as appropriate, may waive any
other provision of section 212(a) (other than paragraph
(2)(C) and subparagraphs (A), (B), (C), (E), and (F) of
paragraph (3)) with respect to an adjustment of status
made pursuant to this subsection--
``(i) for humanitarian purposes;
``(ii) to assure family unity; or
``(iii) if such waiver is otherwise in the
public interest.
``(5) Fee authority.--The Secretary of Homeland Security or
the Secretary of State, as appropriate, may establish a fee
pursuant to section 9701 of title 31, United States Code, for
the processing of an application for an adjustment of status
made pursuant to this subsection.
``(6) Jurisdiction.--
``(A) Secretary of homeland security.--Except as
provide in subparagraph (B), the Secretary of Homeland
Security shall have exclusive jurisdiction to determine
eligibility for an adjustment of status made pursuant
to this subsection.
``(B) Attorney general.--Notwithstanding paragraph
(1) or subparagraph (A), in cases in which an alien has
been placed into deportation, exclusion, or removal
proceedings, either before or after filing an
application for an adjustment of status under this
subsection, the Attorney General shall have exclusive
jurisdiction and shall assume all the powers and duties
of the Secretary of Homeland Security until proceedings
are terminated, or if a final order of deportation,
exclusion, or removal is entered.''.
(b) Exemption From Direct Numerical Limitations.--Section 201(b)(1)
(8 U.S.C. 1151(b)(1)), as amended by is amended section 301(c), is
further amended by adding at the end the following:
``(K) Aliens provided permanent residence status under
section 245(n).''.
SEC. 306. EQUAL TREATMENT FOR ALL STEPCHILDREN.
Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is amended by
striking ``, provided the child had not reached the age of eighteen
years at the time the marriage creating the status of stepchild
occurred''.
SEC. 307. WIDOWS, WIDOWERS, AND ORPHANS.
(a) Protection for Certain Surviving Relatives.--Section 204(l)(1)
(8 U.S.C. 1154(l)(1) is amended by adding at the end the following:
``An alien is not required to reside in the United States to qualify to
have his or her petition or application adjudicated under this
paragraph if the alien is described in subparagraph (A), (B), or (C) of
paragraph (2) and his or her priority date was current at the time of
the qualifying relative's death or is described in subparagraph (D),
(E), or (F) of paragraph (2).''
``(1) In general.--An alien described in paragraph (2) who
resided in the United States at the time of the death of the
qualifying relative and who continues to reside in the United
States''.
(b) Continued Waiver Eligibility for Widows, Widowers, and
Orphans.--Section 212(a)(1)(B) (8 U.S.C. 1182(a)(1)(B)) is amended to
read as follows:
``(B) Waiver for widows, widowers, and orphans.--An
alien who would have been statutorily eligible for a
waiver of inadmissibility under this Act, if his or her
qualifying relative had not died, may be considered for
any waiver under this Act notwithstanding such death,
which shall constitute the functional equivalent of
extreme hardship to the qualifying relative.''.
(c) Naturalization of Surviving Relatives.--Section 319(a) (8
U.S.C. 1430(a)) is amended by inserting ``(or, if the spouse is
deceased, the spouse was a citizen of the United States)'' after
``citizen of the United States''.
SEC. 308. FIANCE CHILD STATUS PROTECTION.
(a) Definition.--Section 101(a)(15)(K)(iii) (8 U.S.C.
1101(a)(15)(K)(iii)) is amended by inserting ``, provided that a
determination of the age of such minor child is made using the age of
the alien on the date on which the petition is filed with the Secretary
of Homeland Security to classify the alien's parent as the fiance or
fiance of a United States citizen (in the case of an alien parent
described in clause (i)) or as the spouse of a United States citizen
under section 201(b)(2)(A)(i) (in the case of an alien parent described
in clause (ii));'' before the semicolon at the end.
(b) Adjustment of Status Authorized.--Section 214(d) (8 U.S.C.
1184(d)(1)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) in paragraph (1), by striking ``In the event'' and
inserting the following:
``(2)(A) If an alien does not marry the petitioner under
paragraph (1) within 3 months after the alien and the alien's
minor children are admitted into the United States, such alien
and children shall be required to depart from the United
States. If such aliens fail to depart from the United States,
they shall be removed in accordance with sections 240 and 241.
``(B) Subject to subparagraphs (C) and (D), if an alien
marries the petitioner described in section 101(a)(15)(K)(i)
within 3 months after the alien is admitted into the United
States, the Secretary of Homeland Security or the Attorney
General, subject to the provisions of section 245(d), may
adjust the status of the alien, and any minor children
accompanying or following to join the alien, to that of an
alien lawfully admitted for permanent residence on a
conditional basis under section 216 if the alien and any such
minor children apply for such adjustment and are not determined
to be inadmissible to the United States.
``(C) Paragraphs (5) and (7)(A) of section 212(a) shall not
apply to an alien who is eligible to apply for adjustment of
his or her status to an alien lawfully admitted for permanent
residence under this section.
``(D) An alien eligible for a waiver of inadmissibility as
otherwise authorized under this Act shall be permitted to apply
for adjustment of his or her status to that of an alien
lawfully admitted for permanent residence under this
section.''.
(c) Age Determination.--Section 245(d) (8 U.S.C. 1155(d)) is
amended--
(1) by inserting ``(1)'' before ``The Attorney General'';
and
(2) by adding at the end the following:
``(2) A determination of the age of an alien admitted to
the United States under section 101(a)(15)(K)(iii) shall be
made, for purposes of adjustment to the status of an alien
lawfully admitted for permanent residence on a conditional
basis under section 216, using the age of the alien on the date
on which the petition is filed with the Secretary of Homeland
Security to classify the alien's parent as the fiance or fiance
of a United States citizen (in the case of an alien parent
admitted to the United States under section 101(a)(15)(K)(i))
or as the spouse of a United States citizen under section
201(b)(2)(A)(i) (in the case of an alien parent admitted to the
United States under section 101(a)(15)(K)(ii)).''.
(d) Effective Date.--
(1) In general.--The amendments made by this subsection
shall be effective as if included in the Immigration Marriage
Fraud Amendments of 1986 (Public Law 99-639).
(2) Applicability.--The amendments made by this subsection
shall apply to all petitions or applications described in such
amendments that--
(A) are pending as of the date of the enactment of
this Act; or
(B) have been denied, but would have been approved
if such amendments had been in effect at the time of
adjudication of the petition or application.
(3) Motion to reopen or reconsider.--A motion to reopen or
reconsider a petition or application described in subparagraph
(B)(ii) shall be granted if such motion is filed with the
Secretary or the Attorney General not later than 2 years after
the date of the enactment of this Act.
SEC. 309. SPECIAL HUMANITARIAN VISAS.
Section 103 (8 U.S.C. 1103) is amended by adding at the end the
following:
``(i) Authority To Waive Eligibility Requirements for Special
Humanitarian Considerations.--Notwithstanding any other provision of
law, the Secretary of Homeland Security may waive any requirements
under this Act on behalf of not more than 1,000 aliens whose
circumstances involve special humanitarian considerations.''.
SEC. 310. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CERTAIN VETERANS FROM
THE PHILIPPINES.
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by this
subtitle, is further amended by adding at the end the following:
``(L) Aliens who are eligible for an immigrant visa under
paragraph (1) or (3) of section 203(a) and have a parent
(regardless of whether the parent is living or dead) who was
naturalized pursuant to section 405 of the Immigration Act of
1990 (8 U.S.C. 1440 note) or title III of the Act of October
14, 1940 (8 U.S.C. 501 et seq.), as in effect between March 27,
1942 and December 24, 1952.''.
SEC. 311. AFFIDAVIT OF SUPPORT.
Section 213A (8 U.S.C. 1183a) is amended--
(1) in subsection (a)(1)(A) by striking ``125'' and
inserting ``100'';
(2) in subsection (f)(1)(E), by striking ``125'' and
inserting ``100'';
(3) in subsection (f)(4)(B)(i), by striking ``125'' and
inserting ``100''; and
(4) in subsection (f)(5)(A), by striking ``125'' and
inserting ``100''.
SEC. 312. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.
(a) Adjustment of Status.--
(1) In general.--Section 245 (8 U.S.C. 1255), as amended by
section 305, is further amended by adding at the end the
following:
``(o) Adjustment of Status for Employment-based Immigrants.--
``(1) Eligibility.--The Secretary of Homeland Security
shall promulgate regulations to provide for the filing of an
application for adjustment of status by an alien (and any
eligible dependents of such alien), regardless of whether an
immigrant visa is immediately available at the time the
application is filed, if the alien--
``(A) has an approved petition under subparagraph
(E) or (F) of section 204(a)(1); or
``(B) at the discretion of the Secretary, has a
pending petition under subparagraph (E) or (F) of
section 204(a)(1).
``(2) Visa availability.--An application filed pursuant to
paragraph (1) may not be approved until an immigrant visa
becomes available.
``(3) Fees.--If an application is filed pursuant to
paragraph (1), the beneficiary of such application shall pay a
supplemental fee of $500. Such fee may not be charged to any
dependent accompanying or following to join such beneficiary.
``(4) Extension of employment authorization and advanced
parole document.--
``(A) In general.--The Secretary of Homeland
Security shall provide employment authorization and
advanced parole documents, in 3-year increments, to
beneficiaries of an application for adjustment of
status based on a petition that is filed or, at the
discretion of the Secretary, pending, under
subparagraph (E) or (F) of section 204(a)(1).
``(B) Fee adjustments.--Application fees under this
subsection may be adjusted in accordance with the 3-
year period of validity assigned to the employment
authorization or advanced parole documents under
subparagraph (A).''.
(b) Use of Fees.--Section 286 (8 U.S.C. 1356) is amended--
(1) in subsection (m)--
(A) by striking ``Notwithstanding any other
provisions of law,'' and inserting the following:
``(c) Immigration Examinations Fee Account.--
``(1) In general.--Notwithstanding any other provision of
law, all fees collected under section 245(o)(3) and'';
(B) by striking ``: Provided, however, That all''
and inserting the following:
``(2) Virgin islands; guam.--All''; and
(C) by striking ``: Provided further, That fees''
and inserting the following:
``(3) Cost recovery.--Fees''.
(2) in subsection (n)--
(A) by striking ``(n) All deposits'' and inserting
the following:
``(4) Use of funds.--
``(A) In general.--Except as provided under
subparagraph (B), all deposits''; and
(B) adding at the end the following:
``(C) Supplemental fee for adjustment of status of
employment-based immigrants.--Any amounts deposited
into the Immigration Examinations Fee Account that were
collected under section 245(o)(3) shall remain
available until expended by the Secretary of Homeland
Security for backlog reduction and clearing security
background check delays.'';
(3) in subsection (o), by striking ``(o) The Attorney
General'' and inserting the following:
``(5) Annual financial report to congress.--The Attorney
General''; and
(4) in subsection (p), by striking ``(p) The provisions set
forth in subsections (m), (n), and (o) of this section'' and
inserting the following:
``(6) Applicability.--The provisions set forth in this
subsection shall''.
CHAPTER 2--UNITING AMERICAN FAMILIES ACT
SEC. 315. SHORT TITLE.
This chapter may be cited as the ``Uniting American Families Act of
2011''.
SEC. 316. DEFINITIONS OF PERMANENT PARTNER AND PERMANENT PARTNERSHIP.
Section 101(a) (8 U.S.C. 1101(a)) is amended--
(1) in paragraph (15)(K)(ii), by inserting ``or permanent
partnership'' after ``marriage''; and
(2) by adding at the end the following:
``(52) The term `permanent partner' means an individual 18
years of age or older who--
``(A) is in a committed, intimate relationship with
another individual 18 years of age or older in which
both individuals intend a lifelong commitment;
``(B) is financially interdependent with that other
individual;
``(C) is not married to, or in a permanent
partnership with, any individual other than that other
individual;
``(D) is unable to contract with that other
individual a marriage cognizable under this Act; and
``(E) is not a first, second, or third degree blood
relation of that other individual.
``(53) The term `permanent partnership' means the
relationship that exists between 2 permanent partners.''.
SEC. 317. IMMIGRANT VISAS.
(a) Worldwide Level of Immigration.--Section 201(b)(2)(A) (8 U.S.C.
1151(b)(2)(A)), as amended by section 302, is further amended--
(1) by striking ``spouse'' each place it appears and
inserting ``spouse or permanent partner'';
(2) by inserting ``(or, in the case of a permanent
partnership, whose permanent partnership was not terminated)''
after ``was not legally separated from the citizen''; and
(3) by striking ``remarries.'' and inserting ``remarries or
enters a permanent partnership with another person.''.
(b) Numerical Limitations on Individual Foreign States.--
(1) Per country levels.--Section 202(a)(4) (8 U.S.C.
1152(a)(4)) is amended--
(A) in the paragraph heading, by inserting ``,
permanent partners,'' after ``spouses'';
(B) in the heading of subparagraph (A), by
inserting ``, permanent partners,'' after ``Spouses'';
and
(C) in the heading of subparagraph (C), by striking
``and daughters'' inserting ``without permanent
partners and unmarried daughters without permanent
partners''.
(2) Rules for chargeability.--Section 202(b)(2) (8 U.S.C.
1152(b)(2)) is amended--
(A) by striking ``his spouse'' and inserting ``his
or her spouse or permanent partner'';
(B) by striking ``such spouse'' each place it
appears and inserting ``such spouse or permanent
partner''; and
(C) by inserting ``or permanent partners'' after
``husband and wife''.
(c) Allocation.--
(1) Preference allocation for family members of permanent
resident aliens.--Section 203(a)(2) (8 U.S.C. 1153(a)(2)) is
amended--
(A) by striking the paragraph heading and inserting
the following:
``(B) Spouses, permanent partners, unmarried sons
without permanent partners, and unmarried daughters
without permanent partners of permanent resident
aliens.--'';
(B) in subparagraph (A), by inserting ``, permanent
partners,'' after ``spouses''; and
(C) in subparagraph (B), by striking ``or unmarried
daughters'' and inserting ``without permanent partners
or the unmarried daughters without permanent
partners''.
(2) Preference allocation for sons and daughters of
citizens.--Section 203(a)(3) (8 U.S.C. 1153(a)(3)) is amended--
(A) by striking the paragraph heading and inserting
the following:
``(2) Married sons and daughters of citizens and sons and
daughters with permanent partners of citizens.--''; and
(B) by inserting ``, or sons or daughters with
permanent partners,'' after ``daughters''.
(3) Employment creation.--Section 203(b)(5)(A)(ii) (8
U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting ``permanent
partner,'' after ``spouse,''.
(4) Treatment of family members.--Section 203(d) (8 U.S.C.
1153(d)) is amended--
(A) by inserting ``or permanent partner'' after
``section 101(b)(1)''; and
(B) by inserting ``, permanent partner,'' after
``the spouse''.
(d) Procedures.--
(1) Classification petitions.--Section 204(a)(1) (8 U.S.C.
1154(a)(1)) is amended--
(A) in subparagraph (A)--
(i) in clause (ii), by inserting ``or
permanent partner'' after ``spouse'';
(ii) in clause (iii)--
(I) by inserting ``or permanent
partner'' after ``spouse'' each place
it appears; and
(II) in subclause (I), by inserting
``or permanent partnership'' after
``marriage'' each place it appears;
(iii) in clause (v)(I), by inserting
``permanent partner,'' after ``is the
spouse,''; and
(iv) in clause (vi)--
(I) by inserting ``or termination
of the permanent partnership'' after
``divorce''; and
(II) by inserting ``, permanent
partner,'' after ``spouse''; and
(B) in subparagraph (B)--
(i) by inserting ``or permanent partner''
after ``spouse'' each place it appears; and
(ii) in clause (ii)--
(I) in subclause (I)(aa), by
inserting ``or permanent partnership''
after ``marriage'';
(II) in subclause (I)(bb), by
inserting ``or permanent partnership''
after ``marriage'' the first place it
appears; and
(III) in subclause (II)(aa), by
inserting ``(or the termination of the
permanent partnership)'' after
``termination of the marriage''.
(2) Immigration fraud prevention.--Section 204(c) (8 U.S.C.
1154(c)) is amended--
(A) by inserting ``or permanent partner'' after
``spouse'' each place it appears; and
(B) by inserting ``or permanent partnership'' after
``marriage'' each place it appears.
SEC. 318. REFUGEES AND ASYLEES.
(a) Annual Admission of Refugees and Admission of Emergency
Situation Refugees.--Section 207(c) (8 U.S.C. 1157(c)) is amended--
(1) in paragraph (2)--
(A) by inserting ``, permanent partner,'' after
``spouse'' each place it appears; and
(B) by inserting ``, permanent partner's,'' after
``spouse's''; and
(2) in paragraph (4), by inserting ``, permanent partner,''
after ``spouse''.
(b) Asylum.--Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended--
(1) in the paragraph heading, by inserting ``, permanent
partner,'' after ``spouse''; and
(2) in subparagraph (A), by inserting ``, permanent
partner,'' after ``spouse''.
(c) Adjustment of Status of Refugees.--Section 209(b)(3) (8 U.S.C.
1159(b)(3)) is amended by inserting ``, permanent partner,'' after
``spouse''.
SEC. 319. INADMISSIBLE ALIENS.
(a) Classes of Aliens Ineligible for Visas or Admission.--Section
212(a) (8 U.S.C. 1182(a)) is amended--
(1) in paragraph (3)(D)(iv), by inserting ``permanent
partner,'' after ``spouse,'';
(2) in paragraph (4)(C)(i)(I), by inserting ``, permanent
partner,'' after ``spouse'';
(3) in paragraph (6)(E)(ii), by inserting ``permanent
partner,'' after ``spouse,''; and
(4) in paragraph (9)(B)(v), by inserting ``, permanent
partner,'' after ``spouse''.
(b) Waivers.--Section 212(d) (8 U.S.C. 1182(d)) is amended--
(1) in paragraph (11), by inserting ``permanent partner,''
after ``spouse,''; and
(2) in paragraph (12), by inserting ``, permanent
partner,'' after ``spouse''.
(c) Waivers of Inadmissibility on Health-Related Grounds.--Section
212(g)(1)(A) (8 U.S.C. 1182(g)(1)(A)) is amended by inserting ``,
permanent partner,'' after ``spouse''.
(d) Waivers of Inadmissibility on Criminal and Related Grounds.--
Section 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is amended by inserting
``permanent partner,'' after ``spouse,''.
(e) Waiver of Inadmissibility for Misrepresentation.--Section
212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by inserting ``permanent
partner,'' after ``spouse,''.
SEC. 320. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING THE
AVAILABILITY OF AN IMMIGRANT VISA.
Section 214(r) (8 U.S.C. 1184(r)) is amended--
(1) in paragraph (1), by inserting ``or permanent partner''
after ``spouse''; and
(2) in paragraph (2), by inserting ``or permanent
partnership'' after ``marriage'' each place it appears.
SEC. 321. CONDITIONAL PERMANENT RESIDENT STATUS.
(a) Certain Alien Spouses, Permanent Partners, and Sons and
Daughters.--
(1) Section heading.--
(A) In general.--The heading for section 216 (8
U.S.C. 1186a) is amended by striking ``and sons'' and
inserting ``, permanent partners, sons,''.
(B) Clerical amendment.--The table of contents is
amended by amending the item relating to section 216 to
read as follows:
``Sec. 216. Conditional permanent resident status for certain alien
spouses, permanent partners, sons, and
daughters.''.
(2) In general.--Section 216(a) (8 U.S.C. 1186a(a)) is
amended--
(A) in paragraph (1), by inserting ``or permanent
partner'' after ``spouse''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``or
permanent partner'' after ``spouse'';
(ii) in subparagraph (B), by inserting
``permanent partner,'' after ``spouse,''; and
(iii) in subparagraph (C), by inserting
``permanent partner,'' after ``spouse,''.
(3) Termination of status if finding that qualifying
marriage improper.--Section 216(b) (8 U.S.C. 1186a(b)) is
amended--
(A) in the subsection heading, by inserting ``or
Permanent Partnership'' after ``Marriage''; and
(B) in paragraph (1)(A)--
(i) by inserting ``or permanent
partnership'' after ``marriage''; and
(ii) in clause (ii)--
(I) by inserting ``or has ceased to
satisfy the criteria for being
considered a permanent partnership
under this Act,'' after
``terminated,''; and
(II) by inserting ``or permanent
partner'' after ``spouse''.
(4) Requirements of timely petition and interview for
removal of condition.--Section 216(c) (8 U.S.C. 1186a(c)) is
amended--
(A) in paragraphs (1), (2)(A)(ii), (3)(A)(ii),
(3)(C), (4)(B), and (4)(C), by inserting ``or permanent
partner'' after ``spouse'' each place it appears; and
(B) in paragraph (3)(A), (3)(D), (4)(B), and
(4)(C), by inserting ``or permanent partnership'' after
``marriage'' each place it appears.
(5) Contents of petition.--Section 216(d)(1) (8 U.S.C.
1186a(d)(1)) is amended--
(A) in subparagraph (A)--
(i) in the heading, by inserting ``or
permanent partnership'' after ``marriage'';
(ii) in clause (i)--
(I) by inserting ``or permanent
partnership'' after ``marriage'';
(II) in subclause (I), by inserting
before the comma at the end ``, or is a
permanent partnership recognized under
this Act''; and
(III) in subclause (II)--
(aa) by inserting ``or has
not ceased to satisfy the
criteria for being considered a
permanent partnership under
this Act,'' after
``terminated,''; and
(bb) by inserting ``or
permanent partner'' after
``spouse''; and
(iii) in clause (ii), by inserting ``or
permanent partner'' after ``spouse''; and
(B) in subparagraph (B)(i)--
(i) by inserting ``or permanent
partnership'' after ``marriage''; and
(ii) by inserting ``or permanent partner''
after ``spouse''.
(6) Definitions.--Section 216(g) (8 U.S.C. 1186a(g)) is
amended--
(A) in paragraph (1)--
(i) by inserting ``or permanent partner''
after ``spouse'' each place it appears; and
(ii) by inserting ``or permanent
partnership'' after ``marriage'' each place it
appears;
(B) in paragraph (2), by inserting ``or permanent
partnership'' after ``marriage'';
(C) in paragraph (3), by inserting ``or permanent
partnership'' after ``marriage''; and
(D) in paragraph (4)--
(i) by inserting ``or permanent partner''
after ``spouse'' each place it appears; and
(ii) by inserting ``or permanent
partnership'' after ``marriage''.
(b) Certain Alien Entrepreneurs, Spouses, Permanent Partners, and
Children.--
(1) In general.--Section 216A (8 U.S.C. 1186b) is amended--
(A) in the section heading, by inserting ``,
permanent partners,'' after ``spouses''; and
(B) in paragraphs (1), (2)(A), (2)(B), and (2)(C),
by inserting ``or permanent partner'' after ``spouse''
each place it appears.
(2) Termination of status if finding that qualifying
entrepreneurship improper.--Section 216A(b)(1) (8 U.S.C.
1186b(b)(1)) is amended by inserting ``or permanent partner''
after ``spouse'' in the matter following subparagraph (C).
(3) Requirements of timely petition and interview for
removal of condition.--Section 216A(c) (8 U.S.C. 1186b(c)) is
amended, in paragraphs (1), (2)(A)(ii), and (3)(C), by
inserting ``or permanent partner'' after ``spouse''.
(4) Definitions.--Section 216A(f)(2) (8 U.S.C. 1186b(f)(2))
is amended by inserting ``or permanent partner'' after
``spouse'' each place it appears.
(5) Clerical amendment.--The table of contents is amended
by amending the item relating to section 216A to read as
follows:
``Sec. 216A. Conditional permanent resident status for certain alien
entrepreneurs, spouses, permanent partners,
and children.''.
SEC. 322. DEPORTATION AND REMOVAL.
(a) Deportable Aliens.--Section 237(a)(1) (8 U.S.C. 1227(a)(1)) is
amended--
(1) in subparagraph (D)(i), by inserting ``or permanent
partners'' after ``spouses'' each place it appears;
(2) in subparagraphs (E)(ii), (E)(iii), and (H)(i)(I), by
inserting ``or permanent partner'' after ``spouse'';
(3) by inserting after subparagraph (E) the following:
``(F) Permanent partnership fraud.--An alien shall
be considered to be deportable as having procured a
visa or other documentation by fraud (within the
meaning of section 212(a)(6)(C)(i)) and to be in the
United States in violation of this Act (within the
meaning of subparagraph (B)) if--
``(i) the alien obtains any admission to
the United States with an immigrant visa or
other documentation procured on the basis of a
permanent partnership entered into less than 2
years before such admission and which, within 2
years subsequent to such admission, is
terminated because the criteria for permanent
partnership are no longer fulfilled, unless the
alien establishes to the satisfaction of the
Secretary of Homeland Security that such
permanent partnership was not contracted for
the purpose of evading any provision of the
immigration laws; or
``(ii) it appears to the satisfaction of
the Secretary of Homeland Security that the
alien has failed or refused to fulfill the
alien's permanent partnership, which the
Secretary of Homeland Security determines was
made for the purpose of procuring the alien's
admission as an immigrant.''; and
(4) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting
``or permanent partner'' after ``spouse'' each place it
appears.
(b) Removal Proceedings.--Section 240 (8 U.S.C. 1229a) is amended--
(1) in the heading of subsection (c)(7)(C)(iv), by
inserting ``permanent partners,'' after ``spouses,''; and
(2) in subsection (e)(1), by inserting ``permanent
partner,'' after ``spouse,''.
(c) Cancellation of Removal.--Section 240A(b) (8 U.S.C. 1229b(b))
is amended--
(1) in paragraph (1)(D), by inserting ``or permanent
partner'' after ``spouse''; and
(2) in paragraph (2)--
(A) in the paragraph heading, by inserting ``,
permanent partner,'' after ``spouse''; and
(B) in subparagraph (A), by inserting ``, permanent
partner,'' after ``spouse'' each place it appears.
SEC. 323. ADJUSTMENT OF STATUS; CRIMINAL PENALTIES; OTHER REQUIREMENTS.
(a) Adjustment of Status of Nonimmigrant to That of Person Admitted
for Permanent Residence.--
(1) Prohibition on adjustment of status.--Section 245(d) (8
U.S.C. 1255(d)) is amended by inserting ``or permanent
partnership'' after ``marriage''.
(2) Avoiding immigration fraud.--Section 245(e) (8 U.S.C.
1255(e)) is amended--
(A) in paragraph (1), by inserting ``or permanent
partnership'' after ``marriage''; and
(B) by adding at the end the following:
``(4)(A) Paragraph (1) and section 204(g) shall not apply with
respect to a permanent partnership if the alien establishes by clear
and convincing evidence to the satisfaction of the Secretary of
Homeland Security that--
``(i) the permanent partnership was entered into in good
faith and in accordance with section 101(a)(52);
``(ii) the permanent partnership was not entered into for
the purpose of procuring the alien's admission as an immigrant;
and
``(iii) no fee or other consideration was given (other than
a fee or other consideration to an attorney for assistance in
preparation of a lawful petition) for the filing of a petition
under section 204(a) or 214(d) with respect to the alien
permanent partner.
``(B) The Secretary shall promulgate regulations that provide for
only 1 level of administrative appellate review for each alien under
subparagraph (A).''.
(3) Adjustment of status for certain aliens paying fee.--
Section 245(i)(1)(B) (8 U.S.C. 1255(i)(1)(B)) is amended by
inserting ``, permanent partner,'' after ``spouse''.
(b) Application of Criminal Penalties to for Misrepresentation and
Concealment of Facts Regarding Permanent Partnerships.--Section 275(c)
(8 U.S.C. 1325(c)) is amended to read as follows:
``(c) Any individual who knowingly enters into a marriage or
permanent partnership for the purpose of evading any provision of the
immigration laws shall be imprisoned for not more than 5 years, fined
not more than $250,000, or both.''.
(c) Requirements as to Residence, Good Moral Character, Attachment
to the Principles of the Constitution.--Section 316(b) (8 U.S.C.
1427(b)) is amended by inserting ``, permanent partner,'' after
``spouse''.
SEC. 324. NATURALIZATION FOR PERMANENT PARTNERS OF CITIZENS.
(a) In General.--Section 319 (8 U.S.C. 1430) is amended--
(1) in subsection (a)--
(A) by inserting ``or permanent partner'' after
``spouse'' each place it appears; and
(B) by inserting ``or permanent partnership'' after
``marital union'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``or permanent
partner'' after ``spouse''; and
(B) in paragraph (3), by inserting ``or permanent
partner'' after ``spouse'';
(3) in subsection (d)--
(A) by inserting ``or permanent partner'' after
``spouse'' each place it appears; and
(B) by inserting ``or permanent partnership'' after
``marital union'';
(4) in subsection (e)(1)--
(A) by inserting ``or permanent partner'' after
``spouse'';
(B) by inserting ``by the Secretary of Defense''
after ``is authorized''; and
(C) by inserting ``or permanent partnership'' after
``marital union''; and
(5) in subsection (e)(2), by inserting ``or permanent
partner'' after ``spouse''.
(b) Savings Provision.--Section 319(e) (8 U.S.C. 1430(e)) is
amended by adding at the end the following:
``(3) Nothing in this subsection may be construed to confer a right
for an alien to accompany a member of the Armed Forces of the United
States or to reside abroad with such member, except as authorized by
the Secretary of Defense in the member's official orders.''.
SEC. 325. APPLICATION OF FAMILY UNITY PROVISIONS TO OTHER LAWS.
(a) Application of Family Unity Provisions to Permanent Partners of
Certain LIFE Act Beneficiaries.--Section 1504 of the LIFE Act
Amendments of 2000 (division B of Public Law 106-554; 114 Stat. 2763-
325) is amended--
(1) in the heading, by inserting ``, permanent partners,''
after ``spouses'';
(2) in subsection (a), by inserting ``, permanent
partner,'' after ``spouse''; and
(3) in each of subsections (b) and (c)--
(A) in each of the subsection headings, by
inserting ``, Permanent Partners,'' after ``Spouses'';
and
(B) by inserting ``, permanent partner,'' after
``spouse'' each place it appears.
(b) Application to Cuban Adjustment Act.--
(1) In general.--The first section of Public Law 89-732 (8
U.S.C. 1255 note) is amended--
(A) in the next to last sentence, by inserting ``,
permanent partner,'' after ``spouse'' the first 2
places it appears; and
(B) in the last sentence, by inserting ``,
permanent partners,'' after ``spouses''.
(2) Conforming amendment.--Section 101(a)(51)(D) (8 U.S.C.
1101(a)(51)(D)) is amended by striking ``or spouse'' and
inserting ``, spouse, or permanent partner''.
CHAPTER 3--REFORMS TO SPECIFIC EMPLOYMENT-BASED VISA CATEGORIES
Subchapter A--EB-5 Program Reauthorization
SEC. 326. PERMANENT REAUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM.
(a) Short Title.--This section may be cited as the ``Creating
American Jobs Through Foreign Capital Investment Act''.
(b) Permanent Reauthorization.--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 such term appears; and
(2) in subsection (b), by striking ``until September 30,
2012''.
Subchapter B--Adjustments to Other Select Visa Programs
SEC. 331. ELIMINATION OF SUNSET PROVISIONS.
(a) Special Immigrant Nonminister Religious Worker Program.--
Section 101(a)(27)(C)(ii) (8 U.S.C. 1101 (a)(27)(C)(ii)) is amended by
striking ``September 30, 2012'' each place such term appears.
(b) Conrad State 30 Program.--Section 220(c) of the Immigration and
Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) is
amended by striking ``and before September 30, 2012.''.
SEC. 332. PERMANENT AUTHORIZATION OF THE NONIMMIGRANT NURSES IN HEALTH
PROFESSIONAL SHORTAGE AREAS PROGRAM.
(a) In General.--Section 2(e) of the Nursing Relief for
Disadvantaged Areas Act of 1999 (8 U.S.C. 1182 note) is amended to read
as follows:
``(e) Application of Nonimmigrant Changes.--The amendments made by
this section shall apply to classification petitions filed for
nonimmigrant status only--
``(1) during the period--
``(A) beginning on the date that interim or final
regulations are first promulgated under subsection (d);
and
``(B) ending on the date that is 3 years after the
date of the enactment of the Nursing Relief for
Disadvantaged Areas Reauthorization Act of 2005; and
``(2) during the period beginning on the date of the
enactment of the CIR Act of 2011.''.
(b) Inapplicability of Certain Regulatory Requirements.--The
requirements under chapter 5 of title 5, United States Code (commonly
referred to as the ``Administrative Procedure Act'') or any other law
relating to rulemaking, information collection or publication in the
Federal Register, shall not apply to any action to implement the
amendment made by subsection (a) to the extent the Secretary, the
Secretary of Labor, or the Secretary of Health and Human Services
determines that compliance with any such requirement would impede the
expeditious implementation of such amendment.
SEC. 333. INCENTIVES FOR PHYSICIANS TO PRACTICE IN MEDICALLY
UNDERSERVED COMMUNITIES.
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184)
is amended--
(1) in subsection (g), by adding at the end the following:
``(12) An alien physician described in section 212(j)(2)(B) who
entered the United States as a nonimmigrant described in section
101(a)(15)(H)(i)(b) to pursue graduate medical education or training
shall not be subject to the limitations described in paragraphs (1) and
(4). The period of authorized admission of such alien as an H-1B
nonimmigrant may not extend beyond the 6-year period beginning on the
date on which the alien receives the exemption described in
subparagraph (A), other than extensions authorized under section 104
and 106 of the American Competitiveness in the Twenty-First Century Act
of 2000 (Public Law 106-313) if--
``(A) an interested State agency submits a request for an
exemption under section 214(l)(1)(B), but not 1 of the 10
waivers or exemptions described in subsection (l)(1)(D)(ii);
and
``(B) the Secretary of State recommends that the alien be
exempted from such limitations.''; and
(2) in subsection (l)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``the Attorney General shall
not grant such waiver unless'' and inserting
``or for an exemption from the limitations
described in paragraphs (1) and (4) of
subsection (g) on behalf of an alien described
in subsection (g)(12), the Secretary shall not
grant such waiver or exemption unless'';
(ii) in subparagraph (A), by inserting ``or
exemption'' before the semicolon at the end;
(iii) in subparagraph (B), by striking
``would not cause the number of waivers
allotted for that State for that fiscal year to
exceed 30'' and inserting ``or exemption would
not cause the total number of waivers plus the
total number of exemptions allotted for that
State for that fiscal year to exceed 30, unless
such allotment is increased pursuant to
paragraph (4)'';
(iv) in subparagraph (C)--
(I) in clause (ii), by striking
``within 90 days'' and all that follows
and inserting the following: "not later
than the latest of--
``(II) 90 days after receiving such
waiver or exemption;
``(III) 90 days after completing
graduate medical education or training
in a program approved under section
212(j)(1); or
``(IV) 90 days after receiving
nonimmigrant status or employment
authorization;
``(iii) the alien agrees to continue to
work for a total of not less than 3 years while
authorized to work in the United States under
this Act, absent extenuating circumstances,
including--
``(I) the original interested
Federal or State agency that requested
the waiver or exemption attests that
extenuating circumstances exist;
``(II) the contracting health
facility or health care organization
attests that the alien's employment is
being terminated through no fault of
the alien;
``(III) the contracting health
facility or health care organization
commits a material breach of contract,
including the failure to pay the salary
or rate of pay, the failure to provide
vacation or other paid leave, or
requiring the alien to work excess
hours in violation of an employment
agreement;
``(IV) the contracting health
facility or health care organization
is--
``(aa) violating the rules
of the Federal agency or State
agency that requested the
waiver or exemption; or
``(bb) otherwise violating
any applicable Federal or State
law;
``(V) the closure or anticipated
closure of the contracting health
facility or health care organization,
the termination of the service contract
between the contracting health care
organization and the health facility
worksite for the alien, or the
anticipated inability of the
contracting health facility or health
care organization to pay the offered
rate of pay to the alien;
``(VI) the failure of the
contracting health facility or health
care organization to support the
credentialing of the alien in order for
the alien to be able to begin
employment on the date on which the
alien's employment authorization
begins;
``(VII) the alien, or a spouse or
child of the alien, experiences
unforeseen health problems that require
treatment outside of the approved
geographic area;
``(VIII) in the case of employment
by an individual physician, the license
of the employing physician is suspended
or revoked;
``(IX) the contracting health
facility or health care organization
fails to agree to sponsor the alien for
an extension of the alien's status
under section 101(a)(15)(H)(i)(b) in a
timely manner; or
``(X) the contracting health
facility or health care organization
engages in practices that endanger the
health of patients;
``(iv) contracting health facilities and
health care organizations enter into an
employment agreement with the alien that--
``(I) specifies the maximum number
of on-call hours per week that the
alien will be expected to be available
and the compensation the alien will
receive for on-call time;
``(II) specifies whether the
contracting health facility or health
care organization will pay for the
alien's malpractice insurance premiums;
``(III) specifies whether the
employer will provide malpractice tail
insurance and the amount of such
insurance;
``(IV) describes all of the work
locations at which the alien will work;
``(V) states that the contracting
health facility or health care
organization will not add additional
work locations without the approval or
the Federal agency or State agency that
requested the waiver or exemption; and
``(VI) does not include liquidated
damages provisions; and
``(v) the alien whose employment terminates
during the 3-year service period is given 120
days to submit an application or petition to
commence employment with another contracting
health facility or health care organization and
is considered to be maintaining lawful status
in an authorized stay during that period;
and''; and
(v) in subparagraph (D)--
(I) in clause (ii), by striking
``would not cause the number of the
waivers'' and inserting ``or exemption
would not cause the total number of
waivers and exemptions''; and
(II) in clause (iii), by inserting
``or exemption'' after ``waiver'';
(B) in paragraph (2)(A), by inserting ``described
in 212(e)(iii)'' after ``status of an alien''; and
(C) by adding at the end the following:
``(4)(A) If at least 90 percent of the total number of waivers and
exemptions allotted in a fiscal year under paragraph (1)(B) to States
that were granted not fewer than 5 such waivers or exemptions, in the
aggregate, during any 1 of the 3 previous fiscal years are granted, on
a nationwide basis, in such fiscal year, the allotment of such waivers
and exemptions in the next fiscal year shall be increased from 30 to 35
for each State. Such allotments shall be further increased by 5 each
time such 90 percent threshold of the adjusted allotment level is
reached, on a nationwide basis.
``(B) Any increase in allotments under subparagraph (A) shall be
maintained indefinitely in future fiscal years, unless the total number
of waivers and exemptions granted in a fiscal year is 10 percent lower
than in most recent fiscal year in which there was an increase in the
number of waivers and exemptions allotted pursuant to this paragraph.
In such circumstances--
``(i) the number of waivers and exemptions allotted shall
be decreased by 5 per State beginning in the next fiscal year;
and
``(ii) each additional 10 percent decrease in such waivers
and exemptions compared with the most recent fiscal year in
which there was an increase in the allotment shall decrease by
5 the allotment of waivers and exemptions per State, which
shall not be lower 30.''.
SEC. 334. RETAINING PHYSICIANS IN MEDICALLY UNDERSERVED COMMUNITIES.
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by this
subtitle, is further amended by adding at the end the following:
``(M) Aliens who have completed service
requirements of a waiver or exemption requested under
section 214(l), including aliens who completed such
service before the date of the enactment of this
subparagraph.''.
SEC. 335. TEMPORARY VISAS FOR INDIVIDUALS FROM IRELAND.
(a) Definition.--Section 101(a)(15)(E)(iii) (8 U.S.C.
1101(a)(15)(E)) is amended by inserting ``or solely to perform services
as an employee who meets the requirements of section 203(d)(2) if the
alien is a national of the Republic of Ireland'' after ``Australia''.
(b) Temporary Admission of Inadmissible Aliens.--Clause (i) of
section 212(a)(d)(3)(A) (8 U.S.C. 1182(d)(3)(A)) is amended by
inserting before the semicolon the following: ``provided that such
recommendation and approval shall not be required for the issuance of a
visa pursuant to section 101(a)(15)(E) for ineligibility under
paragraphs (6), (7), or (9) of section 212(a) that is based on conduct
occurring prior to the date of enactment of this Act''.
(c) Numerical Limitations.--Section 214(g)(11)(B)(8 U.S.C.
1184(g)(11)(B)) is amended by inserting ``for each of the nationalities
included in section 101(a)(15)(E)(iii)'' before the period.
CHAPTER 4--MISCELLANEOUS EMPLOYMENT VISA REFORMS
SEC. 336. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA
PETITIONS.
Pursuant to section 286(u) of the Immigration and Nationality Act
(8 U.S.C. 1356(u)), the Secretary shall establish and collect--
(a) a fee for premium processing of employment-based immigrant
petitions; and
(b) a fee for premium processing of an administrative appeal of any
decision on a permanent employment-based immigrant petition.
SEC. 337. VISA REVALIDATION.
Section 222 (8 U.S.C. 1202) is amended--
(1) in subsection (h), in the matter preceding subparagraph
(1), by inserting ``and except as provided under subsection
(i),'' after ``Act''; and
(2) by adding at the end the following:
``(i) The Secretary of State shall permit an alien granted a
nonimmigrant visa under subparagraph (E), (H), (I), (L), (O), or (P) of
section 101(a)(15) to apply for a renewal of such visa within the
United States if--
``(1) such visa is valid or did not expire more than 12
months before the date of such application;
``(2) the alien is seeking a nonimmigrant visa under the
same subparagraph under which the alien had previously received
a visa; and
``(3) the alien has complied with the immigration laws of
the United States.''.
SEC. 338. APPLICATION FEES FOR INTENDING IMMIGRANTS.
Section 402 of Public Law 111-230 is amended--
(1) in subsection (a), by inserting ``and are not intending
immigrants'' before the period at the end;
(2) in subsection (b), by inserting ``and are not intending
immigrants'' before the period at the end; and
(3) by adding at the end the following:
``(d) Subsections (a) and (b) shall not apply to seasonal or
intermittent nonimmigrants, and family members of nonimmigrants
described in section 101(a)(15)(L).
``(e) For purposes of subsections (a) and (b), the term `intending
immigrant' means any alien who intends to work and reside permanently
in the United States, as evidenced by--
``(1) a pending or approved application for alien
employment certification under section 212(a)(5)(A); or
``(2) a pending or approved petition under paragraph (1),
(2), or (3) of section 203(b).''.
SEC. 339. EMPLOYMENT OF SPOUSES.
Section 214(c)(2)(E) (8 U.S.C. 1184(c)(2)(E)) is amended by
striking ``section 101(a)(15)(L)'' and inserting ``subparagraph (H) or
(L) of section 101(a)(15)''.
SEC. 340. TIME LIMITS FOR NONIMMIGRANTS TO DEPART THE UNITED STATES.
Section 214 (8 U.S.C. 1184) is amended by adding at the end the
following:
``(s) Separated Employees and Dependents.--
``(1) In general.--Any alien who ceases to be employed by
the alien's petitioning employer, regardless of the reason for
such separation, shall be automatically granted a period of
authorized stay equal to 60 days from the date of separation,
during which the alien may--
``(A) depart the United States; or
``(B) apply for change or extension of status.
``(2) Spouse and children.--
``(A) In general.--The spouse and children of an
alien described in paragraph (1) shall be automatically
granted a period of authorized stay equal to the
principal alien employee.
``(B) Death of principal alien employee.--The
spouse and children of a nonimmigrant alien who dies
shall be entitled to retain the dependent nonimmigrant
status to which they were eligible at the time of such
death until the later of--
``(i) 1 year after such death; or
``(ii) the date on which an adjudication of
benefits under section 204(l) is completed.''.
CHAPTER 5--POWER ACT
SEC. 341. SHORT TITLES.
This chapter may be cited as the `` Protect Our Workers from
Exploitation and Retaliation Act'' or the ``POWER Act''.
SEC. 342. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME.
(a) Protection for Victims of Labor and Employment Violations.--
Section 101(a)(15)(U) (8 U.S.C. 1101(a)(15)(U)) is amended--
(1) in clause (i)--
(A) by amending subclause (I) to read as follows:
``(I) the alien--
``(aa) has suffered substantial
abuse or harm as a result of having
been a victim of criminal activity
described in clause (iii);
``(bb) has suffered substantial
abuse or harm related to a violation
described in clause (iv);
``(cc) is a victim of criminal
activity described in clause (iii) and
would suffer extreme hardship upon
removal; or
``(dd) has suffered a violation
described in clause (iv) and would
suffer extreme hardship upon
removal;'';
(B) in subclause (II), by inserting ``, or a labor
or employment violation resulting in a workplace claim
described in clause (iv)'' before the semicolon at the
end;
(C) in subclause (III)--
(i) by striking ``or State judge, to the
Service'' and inserting ``, State, or local
judge, to the Department of Homeland Security,
to the Equal Employment Opportunity Commission,
to the Department of Labor, to the National
Labor Relations Board''; and
(ii) by inserting ``, or investigating,
prosecuting, or seeking civil remedies for a
labor or employment violation related to a
workplace claim described in clause (iv)''
before the semicolon at the end; and
(D) in subclause (IV)--
(i) by inserting ``(aa)'' after ``(IV)'';
and
(ii) by adding at the end the following:
``or
``(bb) a workplace claim described in
clause (iv) resulted from a labor or employment
violation;'';
(2) in clause (ii)(II), by striking ``and'' at the end;
(3) by moving clause (iii) 2 ems to the left;
(4) in clause (iii), by striking ``or'' at the end and
inserting ``and''; and
(5) by adding at the end the following:
``(iv) in the labor or employment violation related
to a workplace claim, the alien--
``(I) has filed, is a material witness in,
or is likely to be helpful in the investigation
of, a bona fide workplace claim (as defined in
section 274A(e)(10)(C)(iii)(II)); and
``(II) reasonably fears, has been
threatened with, or has been the victim of, an
action involving force, physical restraint,
retaliation, or abuse of the immigration or
other legal process against the alien or
another person by the employer in relation to
acts underlying the workplace claim or related
to the filing of the workplace claim; or''.
(b) Temporary Protection for Victims of Crime, Labor, and
Employment Violations.--Notwithstanding any other provision of law, the
Secretary may permit an alien to temporarily remain in the United
States and grant the alien employment authorization if the Secretary
determines that the alien--
(1) has filed for relief under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)); or
(2)(A) has filed, or is a material witness to, a bona fide
workplace claim (as defined in section 274A(e)(10)(B)(iii)(II)
of such Act, as added by section 3(b)); and
(B) has been helpful, is being helpful, or is likely to be
helpful to--
(i) a Federal, State, or local law enforcement
official;
(ii) a Federal, State, or local prosecutor;
(iii) a Federal, State, or local judge;
(iv) the Department of Homeland Security;
(v) the Equal Employment Opportunity Commission;
(vi) the Department of Labor;
(vii) the National Labor Relations Board; or
(viii) other Federal, State, or local authorities
investigating, prosecuting, or seeking civil remedies
related to the workplace claim.
(c) Conforming Amendments.--Section 214(p) (8 U.S.C. 1184(p)) is
amended--
(1) in paragraph (1), by inserting ``or investigating,
prosecuting, or seeking civil remedies for workplace claims
described in section 101(a)(15)(U)(iv)'' after ``section
101(a)(15)(U)(iii)'' each place such term appears;
(2) in paragraph (2)(A), by striking ``10,000'' and
inserting ``30,000''; and
(3) in paragraph (6)--
(A) by inserting ``or workplace claims described in
section 101(a)(15)(U)(iv)'' after ``described in
section 101(a)(15)(U)(iii)''; and
(B) by inserting ``or workplace claim'' after
``prosecution of such criminal activity''.
(d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1)
(8 U.S.C. 1255(m)(1)) is amended by inserting ``or an investigation or
prosecution regarding a workplace claim'' after ``prosecution''.
(e) Change of Nonimmigrant Classification.--Section 384(a)(1) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(a)(1)) is amended--
(1) in subparagraph (E), by striking ``physical or mental
abuse and the criminal activity,'' and inserting ``abuse and
the criminal activity or workplace claim;'';
(2) in subparagraph (F), by striking the comma at the end
and inserting ``; or''; and
(3) by inserting after subparagraph (F) the following:
``(G) the alien's employer,''.
SEC. 343. LABOR ENFORCEMENT ACTIONS.
(a) Removal Proceedings.--Section 239(e) (8 U.S.C. 1229(e)) is
amended--
(1) in paragraph (1)--
(A) by striking ``In cases where'' and inserting
``If''; and
(B) by inserting ``or as a result of information
provided to the Department of Homeland Security in
retaliation against individuals for exercising or
attempting to exercise their employment rights or other
legal rights'' after ``paragraph (2)''; and
(2) in paragraph (2), by adding at the end the following:
``(C) At a facility about which a workplace claim
has been filed or is contemporaneously filed.''.
(b) Unlawful Employment of Aliens.--Section 274A(e) (8 U.S.C.
1324a(e)) is amended by adding at the end the following:
``(10) Conduct in enforcement actions.--
``(A) Enforcement action.--If the Department of
Homeland Security undertakes an enforcement action at a
facility about which a workplace claim has been filed
or is contemporaneously filed, or as a result of
information provided to the Department in retaliation
against employees for exercising their rights related
to a workplace claim, the Department shall ensure
that--
``(i) any aliens arrested or detained who
are necessary for the investigation or
prosecution of workplace claim violations or
criminal activity (as described in subparagraph
(T) or (U) of section 101(a)(15)) are not
removed from the United States until after the
Department--
``(I) notifies the appropriate law
enforcement agency with jurisdiction
over such violations or criminal
activity; and
``(II) provides such agency with
the opportunity to interview such
aliens; and
``(ii) no aliens entitled to a stay of
removal or abeyance of removal proceedings
under this section are removed.
``(B) Protections for victims of crime, labor, and
employment violations.--
``(i) Stay of removal or abeyance of
removal proceedings.--An alien against whom
removal proceedings have been initiated under
chapter 4 of title II, who has filed a
workplace claim, who is a material witness in
any pending or anticipated proceeding involving
a bona fide workplace claim, or who has filed
for relief under section 101(a)(15)(U), shall
be entitled to a stay of removal or an abeyance
of removal proceedings and to employment
authorization until the resolution of the
workplace claim or the denial of relief under
section 101(a)(15)(U) after exhaustion of
administrative appeals, whichever is later,
unless the Department establishes, by a
preponderance of the evidence in proceedings
before the immigration judge presiding over
that alien's removal hearing, that--
``(I) the alien has been convicted
of a felony; or
``(II) the workplace claim was
filed in a bad faith with the intent to
delay or avoid the alien's removal.
``(ii) Duration.--Any stay of removal or
abeyance of removal proceedings and employment
authorization issued pursuant to clause (i)
shall remain valid until the resolution of the
workplace claim or the denial of relief under
section 101(a)(15)(U) after the exhaustion of
administrative appeals, and shall be extended
by the Secretary of Homeland Security for a
period of not longer than 3 additional years
upon determining that--
``(I) such relief would enable the
alien asserting a workplace claim to
pursue the claim to resolution;
``(II) the deterrent goals of any
statute underlying a workplace claim
would be served; or
``(III) such extension would
otherwise further the interests of
justice.
``(iii) Definitions.--In this section:
``(I) Material witness.--
Notwithstanding any other provision of
law, the term `material witness' means
an individual who presents a
declaration from an attorney
investigating, prosecuting, or
defending the workplace claim or from
the presiding officer overseeing the
workplace claim attesting that, to the
best of the declarant's knowledge and
belief, reasonable cause exists to
believe that the testimony of the
individual will be relevant to the
outcome of the workplace claim.
``(II) Workplace claim.--The term
`workplace claim' means any written or
oral claim, charge, complaint, or
grievance filed with, communicated to,
or submitted to the employer, a
Federal, State, or local agency or
court, or an employee representative
related to the violation of applicable
Federal, State, and local labor laws,
including laws concerning wages and
hours, labor relations, family and
medical leave, occupational health and
safety, or nondiscrimination.''.
SEC. 344. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this chapter and the amendments made by this
chapter.
Subtitle D--Immigrant Integration and Other Reforms
PART I--STRENGTHEN AND UNITE COMMUNITIES WITH CIVICS EDUCATION AND
ENGLISH SKILLS
CHAPTER 1--EXPANDING ENGLISH LITERACY, UNITED STATES HISTORY, AND
CIVICS EDUCATION
SEC. 351. INCREASED INVESTMENT IN ENGLISH LITERACY, UNITED STATES
HISTORY, AND CIVICS EDUCATION UNDER THE ADULT EDUCATION
AND FAMILY LITERACY ACT.
(a) Integrated English Literacy and Civics Education Program.--
Section 203 of the Adult Education and Family Literacy Act (20 U.S.C.
9202) is amended--
(1) by redesignating paragraphs (12) through (18) as
paragraphs (13) through (19), respectively; and
(2) by inserting after paragraph (11), the following:
``(12) Integrated english literacy, united states history,
and civics education program.--The term `integrated English
literacy, United States history, and civics education program'
means a program of instruction designed to help an English
language learner achieve competence in English through
contextualized instruction on the rights and responsibilities
of citizenship, naturalization procedures, civic participation,
and United States history and Government to help such learner
acquire the skills and knowledge to become an active and
informed parent, worker, and community member.''.
(b) State Leadership Activities.--Section 223(a) of the Adult
Education and Family Literacy Act (20 U.S.C. 9223(a)) is amended by
inserting after paragraph (11) the following:
``(12) Technical assistance for grant applications of
faith- and community-based organizations.''.
(c) National Institute for Literacy.--Section 242(c)(1) of the
Adult Education and Family Literacy Act (20 U.S.C. 9252(c)(1)) is
amended--
(1) by redesignating subparagraphs (G), (H), and (I), as
subparagraphs (I), (J), and (K), respectively; and
(2) by inserting after subparagraph (F) the following:
``(G) to coordinate and share information with
national organizations and associations that are
interested in integrated English literacy, United
States history, and civics education programs;
``(H) to study the effectiveness of distance
learning or self-study programs in assisting the
English language learner population achieve competence
in English;''.
(d) Report.--Section 242(k) of the Adult Education and Family
Literacy Act (20 U.S.C. 9252(k)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) a separate analysis of--
``(A) national and State adult English instruction
needs;
``(B) data on the composition of recent immigration
flows and immigration settlement patterns throughout
the United States; and
``(C) estimated instructional needs based on the
English ability and educational attainment of English
language learners under recent migration patterns;
and''.
(e) National Leadership Activities.--Section 243 of the Adult
Education and Family Literacy Act (20 U.S.C. 9253) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``and
integrated English literacy, United States history, and
civics education programs'' before the semicolon at the
end; and
(B) in subparagraph (B), by inserting ``and
integrated English literacy, United States history, and
civics education programs'' before ``, based on
scientific evidence''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by inserting ``and
integrated English literacy, United States history, and
civics education programs'' before the semicolon at the
end;
(B) in subparagraph (D)(ii), by inserting
``integrated English literacy, United States history,
and civics education programs,'' before ``and workplace
literacy programs''; and
(C) in subparagraph (E)--
(i) in clause (i), by inserting ``and
integrated English literacy, United States
history, and civics education programs'' before
the semicolon at the end;
(ii) in clause (iii), by striking ``and''
at the end;
(iii) in clause (iv)--
(I) by striking ``section 231'' and
inserting ``sections 231 and 244''; and
(II) by adding ``and'' at the end;
and
(iv) by adding at the end the following:
``(v) the extent to which integrated
English literacy, United States history, and
civics education programs carried out under
section 244 lead participants in such programs
to increase their civic participation and, if
applicable, lead such participants to become
United States citizens;''.
(f) Integrated English Literacy, United States History, and Civics
Education.--Chapter 4 of subtitle A of the Adult Education and Family
Literacy Act (20 U.S.C. 9251 et seq.) is amended by adding at the end
the following:
``SEC. 244. INTEGRATED ENGLISH LITERACY, UNITED STATES HISTORY, AND
CIVICS EDUCATION PROGRAMS.
``(a) Program Authorized.--The Secretary shall award grants to
States, from allocations under subsection (b), for integrated English
literacy, United States history, and civics education programs.
``(b) Allocations.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall allocate for each fiscal year, from the amount
appropriated pursuant to subsection (c) for such fiscal year--
``(A) 65 percent of such amount to States on the
basis of a State's need for integrated English, United
States history, and civics education programs, as
determined by calculating each State's share of a 10-
year average of the data compiled by the Office of
Immigration Statistics of the Department of Homeland
Security, for immigrants admitted for lawful permanent
residence during the 10 most recent fiscal years; and
``(B) 35 percent of such amount to the States on
the basis of whether the State experienced growth, as
measured by the average of the 3 most recent years for
which data compiled by the Office of Immigration
Statistics of the Department of Homeland Security are
available, for immigrants admitted for lawful permanent
residence.
``(2) Minimum.--Each State shall receive an allocation
under paragraph (1) in an amount that is not less than $60,000.
``(c) Authorization of Appropriation.--There are authorized to be
appropriated to carry out this section--
``(1) $200,000,000 for fiscal year 2012;
``(2) $250,000,000 for fiscal year 2013; and
``(3) $300,000,000 for fiscal year 2014.''.
SEC. 352. DEFINITIONS OF ENGLISH LANGUAGE LEARNER.
(a) Adult Education and Family Literacy Act.--The Adult Education
and Family Literacy Act (20 U.S.C. 9201 et seq.) is amended--
(1) in section 203 (20 U.S.C. 9202)--
(A) by redesignating paragraphs (6), (7), (8), (9),
and (10), as paragraphs (7), (8), (9), (10), and (6),
respectively;
(B) in paragraph (6), as redesignated--
(i) in the paragraph heading, by striking
``Individual of limited english proficiency''
and inserting ``English language learner''; and
(ii) in the matter preceding subparagraph
(A), by striking ``individual of limited
English proficiency'' and inserting ``English
language learner''; and
(C) in paragraph (7), as redesignated, by striking
``individuals of limited English proficiency'' and
inserting ``English language learners'';
(2) in section 224(b)(10)(D) (20 U.S.C. 9224(b)(10)(D)), by
striking ``individuals with limited English proficiency'' and
inserting ``English language learners''; and
(3) in section 243(2)(D)(ii) (20 U.S.C. 9253(2)(D)(ii)), by
striking ``individuals with limited English proficiency who are
adults'' and inserting ``adult English language learners''.
(b) Elementary and Secondary Education Act of 1965.--
(1) Amendment.--Section 9101(25) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(25)) is amended
by striking the matter preceding subparagraph (A) and inserting
the following:
``(25) English language learner.--The term `English
language learner' means an individual--''.
(2) References.--Any reference in the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to an
individual who is limited English proficient shall be construed
to refer to an English language learner.
SEC. 353. CREDITS FOR TEACHERS OF ENGLISH LANGUAGE LEARNERS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. TEACHERS OF ENGLISH LANGUAGE LEARNERS.
``(a) In General.--In the case of an eligible teacher, there shall
be allowed a credit against the tax imposed by this chapter for the
taxable year an amount equal to--
``(1) $750, for each of the first 5 taxable years for which
the taxpayer is allowed a credit under this section; and
``(2) $500, for any other taxable year.
``(b) Credit Allowed Only for 10 Taxable Years.--No credit shall be
allowed under this section with respect to a taxpayer for any taxable
year after the 10th taxable year for which such taxpayer is allowed a
credit under this section.
``(c) Eligible Teacher Defined.--
``(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:
``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:
``SEC. 224. CERTIFICATION EXPENSES FOR TEACHERS OF ENGLISH LANGUAGE
LEARNERS.
``(a) In General.--In the case of an individual, there shall be
allowed a deduction for eligible teacher certification expenses paid or
incurred by the taxpayer for the taxable year.
``(b) Eligible Teacher Certification Expenses.--The term `eligible
teacher certification expenses'--
``(1) means the tuition and fees required for the
enrollment or attendance of the taxpayer at an eligible
educational institution (as defined in section 25A) for a
course which is required for certification or licensure of such
individual as qualified to provide English as a second language
or bilingual instruction to elementary or secondary school
students who are limited English proficient (as defined in
section 9901 of the Elementary and Secondary Education Act of
1965); and
``(2) shall not include any amounts that are--
``(A) used for a course that is part of the
individual's degree program; or
``(B) funded by another person or any governmental
entity.
``(c) Denial of Double Benefit.--No deduction shall be allowed
under this section for any expense for which a deduction or credit is
allowed under any other provision of this chapter.
``(d) Termination.--This section shall not apply to expenses paid
or incurred after December 31, 2014.''.
(d) Certification Deduction Allowed Whether or Not Taxpayer
Itemizes Other Deductions.--Subsection (a) of section 62 of such Code
is amended by inserting after paragraph (21) the following new
paragraph:
``(22) Teacher certification expenses.--The deduction
allowed by section 224.''.
(e) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following:
``Sec. 224. Certification expenses for teachers of English language
learners.
``Sec. 225. Cross reference.''.
(f) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall promulgate
regulations implementing the provisions of this section.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 354. RESEARCH IN ADULT EDUCATION.
(a) In General.--Section 133(c)(2)(A) of the Education Sciences
Reform Act of 2002 (20 U.S.C. 9533(c)(2)(A)) is amended by inserting
``education and'' before ``literacy''.
(b) National Research and Development Center.--
(1) In general.--The Secretary of Education shall direct
the Commissioner for Education Research of the National Center
for Education Research established pursuant to section 131 of
the Education Sciences Reform Act of 2002 (20 U.S.C. 9531) to
establish a national research and development center for adult
education and literacy (as described in section 133(c)(2)(A) of
such Act).
(2) Provision for expansion of research.--If, as of the
date of the enactment of this Act, the Commissioner has
established a center for adult literacy in accordance with
section 133(c)(2)(A) of the Education Sciences Reform Act of
2002 (20 U.S.C. 9533(c)(2)(A)), the Commissioner shall expand
the topic of research of such center to include adult
education, in accordance with the amendment made by subsection
(a).
CHAPTER 2--SUPPORTING ENGLISH LANGUAGE ACQUISITION AND ADULT EDUCATION
IN THE WORKFORCE
SEC. 356. CREDIT FOR EMPLOYER-PROVIDED ADULT ENGLISH LITERACY AND BASIC
EDUCATION PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following:
``SEC. 45R. EMPLOYER-PROVIDED ADULT ENGLISH LITERACY AND BASIC
EDUCATION PROGRAMS.
``(a) In General.--For the purposes of section 38, the credit
determined under this section with respect to any employer for the
taxable year is an amount equal to 20 percent of qualified education
program expenses, but in no case shall the employer receive a credit in
an amount of more than $1,000 per full-time employee participating in
the qualified education program.
``(b) Qualified Education Program Expenses.--For purposes of this
section:
``(1) In general.--The term `qualified education program
expenses' means expenses paid or incurred by an employer to
make available qualified education to employees of the
employer, who--
``(A) are English language learners; and
``(B)(i) have not received a secondary school
diploma, or its recognized equivalent; or
``(ii) lack sufficient mastery of basic educational
skills, including financial literacy, to enable the
individuals to function effectively in society.
``(2) Qualified education.--The term `qualified education'
means adult education and literacy activities provided--
``(A) by an eligible provider which for the fiscal
year ending during the employer's taxable year receives
or is eligible to receive Federal funds under section
231 of the Adult Education and Family Literacy Act (20
U.S.C. 9241) for adult education and literacy
activities; or
``(B) in curriculum approved by the Department of
Education, the Employment and Training Administration
of the Department of Labor, or in current use by a
Federal agency.
``(3) Eligible provider; adult education and literacy
activities.--The terms `eligible provider' and `adult education
and literacy activities' have the respective meanings given to
such terms in section 203 of the Adult Education and Family
Literacy Act (20 U.S.C. 9202).
``(4) English language learner.--The term `English language
learner' has the same meaning given such term in section
9101(25) of the Elementary and Secondary Education Act of 1965.
``(c) Special Rules.--For purposes of this section:
``(1) Full-time employment.--An employee shall be
considered full-time if such employee is employed at least 30
hours per week for 25 or more calendar weeks in the taxable
year.
``(2) Aggregation rule.--All persons treated as a single
employer under subsection (a) or (b) or section 52, or
subsection (m) or (o) of section 414, shall be treated as 1
person.
``(d) Denial of Double Benefit.--No deduction or credit shall be
allowed under any other provision of this chapter for any amount taken
into account in determining the credit under this section.
``(e) Election To Have Credit Not Apply.--A taxpayer may elect (at
such time and in such manner as the Secretary may by regulations
prescribe) to have this section not apply for any taxable year.
``(f) Termination.--This section shall not apply to expenses paid
or incurred after December 31, 2014.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to the current year business
credit) is amended--
(1) by striking ``plus'' at the end of paragraph (34);
(2) by striking the period at the end of paragraph (35) and
inserting ``, plus''; and
(3) by adding at the end the following new paragraph:
``(36) the adult English literacy and basic education
programs credit determined under section 45R.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the such Code is amended by
adding at the end the following new item:
``Sec. 45R. Employer-provided adult English literacy and basic
education programs.''.
(d) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall promulgate
regulations implementing the provisions of this section.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31 of the year in which
this Act was enacted.
SEC. 357. PRESIDENTIAL AWARD FOR BUSINESS LEADERSHIP IN PROMOTING
UNITED STATES CITIZENSHIP.
(a) Establishment.--The Presidential Award for Business Leadership
in Promoting United States Citizenship (referred to in this section as
the ``Presidential Citizenship Award'') shall be awarded by the
President to companies and other organizations that make extraordinary
efforts in assisting their employees and members to learn English and
increase their understanding of United States history and civics.
(b) Selection and Presentation of Award.--
(1) Selection.--The President, after reviewing
recommendations from the Secretary of Homeland Security and the
Secretary of Commerce, shall periodically award the
Presidential Citizenship Award to large and small companies and
other organizations described in subsection (a).
(2) Presentation.--The presentation of the Presidential
Citizenship Award shall be made by the President, or a designee
of the President, in conjunction with an appropriate ceremony.
CHAPTER 3--BUILDING STRONGER COMMUNITIES
SEC. 361. OFFICE OF CITIZENSHIP AND NEW AMERICANS.
(a) Renaming the Office of Citizenship.--
(1) In general.--Beginning on the date of the enactment of
this Act, the Office of Citizenship of United States
Citizenship and Immigration Services shall be referred to as
the ``Office of Citizenship and New Americans''.
(2) Conforming amendments.--Section 451(f) of the Homeland
Security Act of 2002 (6 U.S.C. 271(f)) is amended--
(A) in the subsection heading, by striking
``Citizenship.'' and inserting ``Citizenship and New
Americans.'';
(B) in paragraph (1), by inserting ``and New
Americans'' after ``Office of Citizenship''; and
(C) in paragraph (2), by inserting ``and New
Americans'' after ``Office of Citizenship''.
(3) References.--Any reference in a law, regulation,
document, paper, or other record of the United States to the
Office of Citizenship within United States Citizenship and
Immigration Services shall be deemed to be a reference to the
``Office of Citizenship and New Americans''.
(b) Functions.--Section 451(f)(2) of the Homeland Security Act of
2002 (6 U.S.C. 271(f)(2)), as amended by subsection (a)(2)(C), is
further amended by striking ``for promoting'' and all that follows
through the period at the end and inserting the following: ``for--
``(A) establishing national goals for introducing
new immigrants into the United States and measuring the
degree to which such goals are met;
``(B) assessing and coordinating Federal policies,
regulations, task forces, and commissions related to
introducing immigrants into the United States;
``(C) continuing with the efforts of the Task Force
on New Americans established under Executive Order
13404--
``(i) to facilitate a dialogue among
Federal agencies;
``(ii) make recommendations to the
President; and
``(iii) follow through with initiatives
administered by the Task Force under the
authority of such Executive Order;
``(D) serving as a liaison and intermediary with
State and local governments and other entities to
assist in establishing local goals, task forces, and
councils to assist in introducing immigrants into the
United States;
``(E) coordinating with other Federal agencies to
provide information to State and local governments on
the demand for English acquisition programs and best
practices in place on the Federal and State level for
immigrants who have recently arrived in the United
States;
``(F) assisting States in coordinating activities
with the grant program carried out under this subtitle;
and
``(G) promoting instruction and training on
citizenship responsibilities for aliens interested in
becoming naturalized citizens of the United States,
including the development of educational materials for
such aliens.''.
(c) Donations.--Section 451(f) of the Homeland Security Act of 2002
(6 U.S.C. 271(f)), as amended by this section, is further amended by
adding at the end the following:
``(3) Donations.--
``(A) Acceptance of donations.--The Chief of the
Office of Citizenship and New Americans may accept
monetary and in-kind donations to support the
activities described in paragraph (2).
``(B) Dedication of funds.--Notwithstanding any
other provision of law--
``(i) any amounts donated to the Office of
Citizenship and New Americans to support the
activities described in paragraph (2) shall be
deposited into an account dedicated for such
purpose;
``(ii) the amounts contained in the account
described in clause (i) shall be used solely to
support such activities; and
``(iii) amounts that were not donated for
the exclusive purpose of supporting such
activities may not be deposited into such
account.''.
(d) Report to Congress.--The Chief of the Office of Citizenship and
New Americans shall submit a biennial report to the appropriate
committees in Congress that describes the activities of the Office of
Citizenship and New Americans.
SEC. 362. GRANTS TO STATES.
(a) Authority To Provide Grants.--Subject to subsections (c) and
(d), the Chief of the Office of Citizenship and New Americans (referred
to in this section as the ``Chief'') is authorized to provide
competitive grants to States to form State New American Councils to
carry out the activities described in section 363.
(b) State New American Councils.--A State New American Council
shall--
(1) consist of not fewer than 15 individuals and not more
than 19 individuals from the State; and
(2) shall include, to the extent practicable,
representatives from--
(A) business;
(B) faith-based organizations;
(C) civic organizations;
(D) philanthropic organizations;
(E) nonprofit organizations, including those with
experience working with immigrant communities;
(F) key education stakeholders, such as State
educational agencies, local educational agencies,
community colleges, or teachers;
(G) State adult education offices;
(H) State or local public libraries; and
(I) State or local government officials.
(c) Waiver of Requirement.--
(1) Authority to grant.--The Chief may award a grant under
subsection (a) to a State without requiring the State to form a
State New American Council if the Chief determines that the
State is carrying out similar statewide initiatives to
introduce immigrants into the State and into the United States.
(2) Guidelines.--The Chief shall establish guidelines for
awarding grants to States described in paragraph (1).
(d) Grants to Local Governments.--The Chief may provide a grant
under subsection (a) to a local government.
(e) Application.--An applicant for a grant under this section shall
submit an application to the Chief at such time, in such manner, and
containing such information as the Chief may reasonably require,
including--
(1) if the applicant is a State seeking to form a State New
American Council, an assurance that such State New American
Council will meet the requirements under subsection (b);
(2) the number of immigrants in the State in which the
applicant is located; and
(3) a description of the challenges in introducing new
immigrants into the State and local community.
(f) Duration.--A grant awarded under subsection (a) shall be for a
period of 5 years.
(g) Priority.--Priority shall be given to grant applications that--
(1) use matching funds from non-Federal sources, which may
include in-kind contributions; and
(2) demonstrate collaboration with private entities to
achieve the goals of their comprehensive plan.
(h) Additional Consideration.--Additional consideration shall be
given to grant applications submitted by States that have experienced a
large increase in the population of immigrants during the most recent
10-year period relative to past migration patterns, based on data
compiled by the Office of Immigration Statistics.
(i) Grant Amount.--The amount of a grant awarded under subsection
(a) shall be not less than $500,000 and not more than $5,000,000 for
each fiscal year.
(j) Reservations.--
(1) National.--The Chief shall reserve not more than 1
percent of the amount appropriated to carry out this section
for the administration of the Office of Citizenship and New
Americans, including for the evaluation of funds distributed.
(2) States.--A State awarded a grant under subsection (a)
may reserve not more than 10 percent of such grant amount for
the creation and operation of a State New American Council.
SEC. 363. AUTHORIZED ACTIVITIES.
(a) Mandatory Activities.--A grant awarded under section 361(a)
shall be used--
(1) to develop, implement, expand, or enhance a
comprehensive plan to introduce new immigrants into the State,
including improving English literacy, knowledge of United
States history, and civics education;
(2) to provide subgrants to local communities in accordance
with subsection (c);
(3) if the grant is awarded to a State, to form a State New
American Council, which shall meet not less frequently than
once each quarter;
(4) to disseminate best practices and other information
compiled by the Office of Citizenship and New Americans that
pertains to effective programs for English acquisition and
civics education; and
(5) to convene public hearings not less frequently than
once each year to report on the activities carried out by such
grant.
(b) Permissible Activities.--A grant awarded under section 361(a)
may be used--
(1) to solicit and disseminate solutions and remedies to
the challenges of introducing new immigrants in the State or
municipality in which the grant is awarded;
(2) to provide technical assistance, training, or
coordination for State or local agencies to improve programs to
introduce new immigrants into the United States, such as
English literacy, United States history, and civics education;
(3) to review and develop strategies to expand distance
learning as a method of instruction for English literacy,
United States history, and civics education and available
technological programs that may supplement or supplant quality
classroom instruction;
(4) to coordinate with entities of other States engaged in
activities under this part or other activities to introduce new
immigrants into the State or community;
(5) to develop materials focused on preparation for the
naturalization test;
(6) to engage in outreach and educational activities on the
naturalization process; and
(7) to provide assistance to immigrants with the
naturalization application, as appropriate.
(c) Subgrants to Local Communities.--
(1) Requirement to award.--A grant under section 108(a)
shall be used to award subgrants to entities of local
governments to assist communities with local efforts to
introduce new Americans into the community.
(2) Authorized activities.--Subgrants shall be awarded
under paragraph (1) to entities of local governments for use to
carry out activities in accordance with--
(A) a comprehensive plan described in subsection
(a)(1); and
(B) any guidance provided by the Chief of the
Office of Citizenship and New Americans.
(3) Subgrant amount.--The amount of a subgrant awarded
under this subsection shall be not less than $100,000 and not
more than $600,000 for a fiscal year.**
SEC. 364. REPORTING AND EVALUATION.
(a) Reporting Requirement.--
(1) In general.--Each entity awarded a grant under section
108(a) shall submit a report annually to the Office of
Citizenship and New Americans that--
(A) describes the activities of the State New
American Council and subgrant recipients and how these
activities meet the goals of--
(i) the Chief of the Office of Citizenship
and New Americans; and
(ii) the comprehensive plan described in
section 109(a)(1); and
(B) describes the geographic areas being served,
the number of immigrants in such areas, and the primary
languages spoken there.
(2) Other requirements.--The Chief of the Office of
Citizenship may set out other requirements as the Chief sees
fit in order to--
(A) impose accountability; and
(B) measure the outcomes of the activities carried
out with grants awarded under section 1083(a).
(b) Annual Evaluation.--The Chief of the Office of Citizenship and
New Americans shall conduct an annual evaluation of the grant program
established under this subtitle and use such evaluation--
(1) to improve the effectiveness of programs carried out by
the Chief;
(2) to assess future needs of immigrants and of State and
local governments related to immigrants;
(3) to determine the effectiveness of such grant program;
and
(4) to ensure that the grantees and subgrantees are acting
within the scope and purpose of this subtitle.
SEC. 365. NEW CITIZENS AWARD PROGRAM.
(a) Establishment.--There is established a new citizens award
program to recognize citizens who--
(1) have made an outstanding contribution to the United
States; and
(2) are naturalized during the 10-year period ending on the
date of such recognition.
(b) Presentation Authorized.--
(1) In general.--The President is authorized to present a
medal, in recognition of outstanding contributions to the
United States, to citizens described in subsection (a).
(2) Maximum number of awards.--Not more than 10 citizens
may receive a medal under this section in any calendar year.
SEC. 366. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to limit the authority of
the Secretary, acting through the Director of United States Citizenship
and Immigration Services or such other officials of the Department of
Homeland Security as the Secretary may direct, to manage, direct, and
control the activities of the Chief of the Office of Citizenship and
New Americans.
SEC. 367. REPORT TO CONGRESS ON FEE INCREASES.
Section 286 (8 U.S.C. 1356), as amended by section 326(b), is
further amended by adding at the end the following:
``(x) Report to Congress on Fees and Fee Increases.--The Secretary
of Homeland Security shall annually submit a report to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary of the
House of Representatives that--
``(1) identifies the direct and overhead costs associated
with providing immigration services, distinguishing such costs
from immigration enforcement and national security costs;
``(2) identifies the costs for providing premium processing
services to business customers under subsection (u);
``(3) describes the extent to which the premium processing
fee prescribed under subsection (u) is set at a level that
ensures recovery of those costs;
``(4) identifies the amount of funding allocated for the
infrastructure improvements in the adjudications and customer-
service processes as prescribed under subsection (u); and
``(5) contains information about the basis for any fee
increases that will occur during the following 12 months.''.
SEC. 368. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$100,000,000 for each of the fiscal years 2012 through 2016.
PART II--EMERGENCY RELIEF FOR CERTAIN POPULATIONS
SEC. 371. ADJUSTMENT OF STATUS FOR CERTAIN HAITIAN ORPHANS.
(a) In General.--The Secretary may adjust the status of an alien
described in subsection (b) to that of an alien lawfully admitted for
permanent residence if the alien--
(1) subject to subsection (c), applies for such adjustment;
(2) is physically present in the United States on the date
the application for such adjustment is filed; and
(3) is admissible to the United States as an immigrant,
except as provided in subsection (d).
(b) Aliens Eligible for Adjustment of Status.--An alien is
described in this subsection if the alien was inspected and granted
parole into the United States pursuant to the humanitarian parole
policy for certain Haitian orphans announced on January 18, 2010, and
suspended as to new applications on April 15, 2010.
(c) Application.--In the case of a minor, an application under this
section may be submitted on behalf of the alien by--
(1) a parent; or
(2) a legal guardian.
(d) Grounds of Inadmissibility.--Paragraphs (4) and (7)(A) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)) shall not apply to adjustment of status under this section.
(e) Visa Availability.--When an alien is granted the status of
having been lawfully admitted for permanent residence under this
section, the Secretary of State shall not be required to reduce the
number of immigrant visas authorized to be issued under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
(f) Alien Deemed To Meet Definition of Child.--An alien described
in subsection (b) shall be deemed to satisfy the requirements
applicable to adopted children under section 101(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) if, before the
date on which the alien reaches 18 years of age--
(1) the alien obtains adjustment of status under this
section; and
(2) a United States citizen adopts the alien, regardless of
whether the adoption occurs before, on, or after the date of
the decision-granting adjustment of status under this section.
(g) No Immigration Benefits for Birth Parents.--No birth parent of
an alien who obtains adjustment of status under this section shall
thereafter, by virtue of such parentage, be accorded any right,
privilege, or status under this section or the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 372. ADJUSTMENT OF STATUS FOR CERTAIN LIBERIAN NATIONALS.
(a) Adjustment of Status.--
(1) In general.--
(A) Eligibility.--Except as provided under
subparagraph (B), the Secretary shall adjust the status
of an alien described in subsection (b) to that of an
alien lawfully admitted for permanent residence, if the
alien--
(i) applies for adjustment not later than 1
year after the date of the enactment of this
Act; and
(ii) is otherwise eligible to receive an
immigrant visa and admissible to the United
States for permanent residence, except that, in
determining such admissibility, the grounds for
inadmissibility specified in paragraphs (4),
(5), (6)(A), and (7)(A) of section 212(a) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)) shall not apply.
(B) Ineligible aliens.--An alien shall not be
eligible for adjustment of status under this section if
the Secretary determines that the alien--
(i) has been convicted of any aggravated
felony (as defined in section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(43));
(ii) has been convicted of 2 or more crimes
involving moral turpitude; or
(iii) has ordered, incited, assisted, or
otherwise participated in the persecution of
any person on account of race, religion,
nationality, membership in a particular social
group, or political opinion.
(2) Relationship of application to certain orders.--
(A) In general.--An alien present in the United
States who has been subject to an order of exclusion,
deportation, or removal, or has been ordered to depart
voluntarily from the United States under any provision
of the Immigration and Nationality Act may,
notwithstanding such order, apply for adjustment of
status under paragraph (1) if otherwise qualified under
such paragraph.
(B) Separate motion not required.--An alien
described in subparagraph (A) may not be required, as a
condition of submitting or granting such application,
to file a separate motion to reopen, reconsider, or
vacate the order described in subparagraph (A).
(C) Effect of decision by secretary.--If the
Secretary grants an application under paragraph (1),
the Secretary shall cancel the order described in
subparagraph (A). If the Secretary makes a final
decision to deny the application, the order shall be
effective and enforceable to the same extent as if the
application had not been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided under subsection (a)
shall apply to any alien--
(A) who is--
(i) a national of Liberia; and
(ii) has been continuously present in the
United States between January 1, 2011, and the
date on which the alien submits an application
under subsection (a); or
(B) who is the spouse, child, or unmarried son or
daughter of an alien described in subparagraph (A).
(2) Determination of continuous physical presence.--For
purposes of establishing the period of continuous physical
presence referred to in paragraph (1)(A)(ii), an alien shall
not be considered to have failed to maintain continuous
physical presence by reasons of an absence, or absences, from
the United States for any period or periods amounting in the
aggregate to not more than 180 days.
(c) Stay of Removal.--
(1) In general.--The Secretary shall establish procedures,
by regulation, through which an alien, who is subject to a
final order of deportation, removal, or exclusion, may seek a
stay of such order based upon the filing of an application
under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.), the Secretary shall not order an alien to be removed
from the United States if the alien is in exclusion,
deportation, or removal proceedings under any provision of such
Act and has applied for adjustment of status under subsection
(a), unless the Secretary has made a final determination to
deny the application.
(3) Work authorization.--
(A) In general.--The Secretary may--
(i) authorize an alien who has applied for
adjustment of status under subsection (a) to
engage in employment in the United States while
a determination regarding such application is
pending; and
(ii) provide the alien with an employment
authorized endorsement or other appropriate
document signifying authorization of
employment.
(B) Pending applications.--If an application for
adjustment of status under subsection (a) is pending
for a period exceeding 180 days and has not been
denied, the Secretary shall authorize such employment.
(d) Record of Permanent Residence.--Upon the approval of an alien's
application for adjustment of status under subsection (a), the
Secretary shall establish a record of the alien's admission for
permanent record as of the date of the alien's arrival in the United
States.
(e) Availability of Administrative Review.--The Secretary shall
provide to applicants for adjustment of status under subsection (a) the
same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); and
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
(f) Limitation on Judicial Review.--A determination by the
Secretary regarding the adjustment of status of any alien under this
section is final and shall not be subject to review by any court.
(g) No Offset in Number of Visas Available.--If an alien is granted
the status of having been lawfully admitted for permanent residence
pursuant to this section, the Secretary of State shall not be required
to reduce the number of immigrant visas authorized to be issued under
any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(h) Application of Immigration and Nationality Act Provisions.--
(1) Definitions.--Except as otherwise specifically provided
in this chapter, the definitions contained in the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this
section.
(2) Savings provision.--Nothing in this chapter may be
construed to repeal, amend, alter, modify, effect, or restrict
the powers, duties, function, or authority of the Secretary in
the administration and enforcement of the Immigration and
Nationality Act or any other law relating to immigration,
nationality, or naturalization.
(i) Effect of Eligibility for Adjustment of Status.--Eligibility to
be granted the status of having been lawfully admitted for permanent
residence under this section shall not preclude an alien from seeking
any status under any other provision of law for which the alien may
otherwise be eligible.
PART III--STATE COURT INTERPRETER GRANT PROGRAM
SEC. 381. FINDINGS.
Congress finds that--
(1) the fair administration of justice depends on the
ability of all participants in a courtroom proceeding to
understand that proceeding, regardless of their English
proficiency;
(2) 19 percent of the population of the United States older
than 5 years of age speaks a language other than English at
home;
(3) only qualified court interpreters can ensure that
persons with limited English proficiency comprehend judicial
proceedings in which they are a party;
(4) the knowledge and skills required of a qualified court
interpreter differ substantially from those required in other
interpretation settings, such as social service, medical,
diplomatic, and conference interpreting;
(5) the Federal Government has demonstrated its commitment
to equal administration of justice regardless of English
proficiency;
(6) regulations implementing title VI of the Civil Rights
Act of 1964 and the guidance issued by the Department of
Justice pursuant to Executive Order 13166, issued August 11,
2000, clarify that all recipients of Federal financial
assistance, including State courts, are required to take
reasonable steps to provide meaningful access to their
proceedings for persons with limited English proficiency;
(7) 40 States have developed, or are developing, qualified
court interpreting programs;
(8) robust, effective court interpreter programs--
(A) actively recruit skilled individuals to be
court interpreters;
(B) train those individuals in the interpretation
of court proceedings;
(C) develop and use a thorough, systematic
certification process for court interpreters; and
(D) have sufficient funding to ensure that a
qualified interpreter will be available to the court
whenever necessary; and
(9) Federal funding is necessary to--
(A) encourage State courts that do not have court
interpreter programs to develop them;
(B) assist State courts with nascent court
interpreter programs to implement them;
(C) assist State courts with limited court
interpreter programs to enhance them; and
(D) assist State courts with robust court
interpreter programs to make further improvements and
share successful programs with other States.
SEC. 382. STATE COURT INTERPRETER PROGRAM.
(a) Grants Authorized.--
(1) In general.--The Administrator of the Office of Justice
Programs of the Department of Justice (referred to in this
section as the ``Administrator'') shall award grants, in
accordance with such regulations as the Attorney General may
prescribe, to State courts to develop and implement programs to
assist individuals with limited English proficiency to access
and understand State court proceedings in which they are a
party.
(2) Technical assistance.--The Administrator shall
allocate, for each fiscal year, $500,000 of the amount
appropriated pursuant to section 383, which shall be used to
establish a court interpreter technical assistance program to
assist State courts receiving grants under this part.
(b) Use of Grants.--Grants awarded under subsection (a) may be used
by State courts to--
(1) assess regional language demands;
(2) develop a court interpreter program for the State
courts;
(3) develop, institute, and administer language
certification examinations;
(4) recruit, train, and certify qualified court
interpreters;
(5) pay for salaries, transportation, and technology
necessary to implement the court interpreter program developed
under paragraph (2); and
(6) engage in other related activities, as prescribed by
the Attorney General.
(c) Application.--
(1) In general.--The highest State court of each State
desiring a grant under this section shall submit an application
to the Administrator at such time, in such manner, and
accompanied by such information as the Administrator may
reasonably require.
(2) State courts.--The highest State court of each State
submitting an application under paragraph (1) shall include in
the application--
(A) a demonstration of need for the development,
implementation, or expansion of a State court
interpreter program;
(B) an identification of each State court in that
State which would receive funds from the grant;
(C) the amount of funds each State court identified
under subparagraph (B) would receive from the grant;
and
(D) the procedures the highest State court would
use to directly distribute grant funds to State courts
identified under subparagraph (B).
(d) State Court Allotments.--
(1) Base allotment.--From amounts appropriated for each
fiscal year pursuant to section 383, the Administrator shall
allocate $100,000 to each of the highest State court of each
State, which has an application approved under subsection (c).
(2) Discretionary allotment.--From amounts appropriated for
each fiscal year pursuant to section 383, the Administrator
shall allocate $5,000,000 to be distributed among the highest
State courts of States which have an application approved under
subsection (c), and that have extraordinary needs that are
required to be addressed in order to develop, implement, or
expand a State court interpreter program.
(3) Additional allotment.--In addition to the allocations
made under paragraphs (1) and (2), the Administrator shall
allocate, to the highest State court of each State whose
application was approved under subsection (c), an amount equal
to the product reached by multiplying--
(A) the unallocated balance of the amount
appropriated for each fiscal year pursuant to section
383; and
(B) the ratio between the number of people older
than 5 years of age who speak a language other than
English at home in the State and the number of people
older than 5 years of age who speak a language other
than English at home in all the States that receive an
allocation under paragraph (1), as those numbers are
determined by the Bureau of the Census.
(4) Treatment of district of columbia.--For purposes of
this section--
(A) the District of Columbia shall be treated as a
State; and
(B) the District of Columbia Court of Appeals shall
act as the highest State court for the District of
Columbia.
SEC. 383. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $15,000,000 for each of the
fiscal years 2012 through 2016 to carry out this part.
PART IV--OTHER MATTERS
SEC. 391. ADJUSTMENT OF STATUS FOR CERTAIN VICTIMS OF TERRORISM.
(a) Adjustment of Status.--The status of any alien described in
subsection (b) may be adjusted by the Secretary to that of an alien
lawfully admitted for permanent residence, if the alien--
(1) applies for such adjustment not later than 1 year after
the date of the enactment of this Act;
(2) is not inadmissible to the United States under
paragraph (2) or (3) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), or deportable under
paragraph (2) or (4) of section 237(a) of such Act (8 U.S.C.
1227(a)); and
(3) not later than the date on which the application under
paragraph (1) is submitted, satisfies any applicable Federal
tax liability by establishing that--
(A) no such tax liability exists; or
(B) all outstanding liabilities have been paid.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefit provided under subsection (a)
shall apply to any alien who--
(A) was, on September 10, 2001, the spouse, child,
unmarried son, or unmarried daughter of an alien who
died as a direct result of the terrorist activity
conducted against the United States on September 11,
2001;
(B) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49
U.S.C. 40101); and
(C) made a proffer of information to the Secretary
between April 24, 2008, and August 15, 2008, in
connection with a request for immigration relief.
(2) Exception.--An alien shall not be provided any benefit
under this section if the Secretary determines that the alien
has willfully made a material misrepresentation or material
omission in the proffer of information described in paragraph
(1)(C).
(c) Work Authorization.--The Secretary may authorize an alien who
has applied for adjustment of status under subsection (a) to engage in
employment in the United States during the pendency of such
application.
(d) Construction.--Nothing in this section shall be construed to
limit the existing authority of the Secretary on the date of the
enactment of this Act to require any form or other submission of
information or to perform any background or security check for the
purpose of determining the admissibility, or eligibility under this
section, of any alien.
(e) Waiver of Regulations.--Not later than 6 months after the date
of the enactment of this Act, the Secretary shall issue guidance to
carry out this section. The Secretary shall not be required to
promulgate regulations before implementing this section.
(f) No Offset in Number of Visas Available.--At the time an alien
is granted the status of having been lawfully admitted for permanent
residence under this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under title II of the Immigration and Nationality Act (8 U.S.C.
1151 et seq.).
(g) Definitions.--
(1) Applicable federal tax liability defined.--In this
section, the term ``applicable Federal tax liability'' means
liability for Federal taxes, including penalties and interest,
owed for any year for which the statutory period for assessment
of any deficiency for such taxes has not expired.
(2) Incorporation by reference.--Except as otherwise
specifically provided in this section, the definitions used in
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
(excluding the definitions applicable exclusively to title III
of such Act) shall apply in the administration of this section.
SEC. 392. DEVELOPMENT OF ASSESSMENT AND STRATEGY ADDRESSING FACTORS
DRIVING MIGRATION.
(a) Development of Assessment.--Not later than 6 months after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit a report to Congress that contains a
baseline assessment of the primary factors driving migration in a
prioritized group of 10 countries with the highest rates of irregular
migration to the United States, including--
(1) factors driving migration in the prioritized countries;
and
(2) the impact of United States assistance, trade, or
foreign policy on migration trends in the prioritized
countries.
(b) Strategy To Address Factors Driving Immigration.--The Secretary
of State, working with the Administrator of the United States Agency
for International Development, and in consultation with the Bureau of
Population, Refugees, and Migration of the Department of State, the
Department of Labor, and the Office of the United States Trade
Representative, shall submit strategy to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives for addressing the economic, social, and
security factors driving high rates of irregular migration from the
prioritized countries, as identified by the report submitted under
subsection (a).
(c) Elements of Strategy.--The strategy required under subsection
(b) shall include--
(1) a summary and evaluation of current assistance provided
by the Government of the United States to countries with the
highest rates of irregular migration to the United States;
(2) an identification of the regions and municipalities
experiencing the highest emigration rates and the current level
of United States aid or investment in these areas; and
(3) recommendations for future United States Government
assistance and technical support to address key economic,
social and development factors identified in the prioritized
migration source countries that are designed to ensure
appropriate engagement of national and local governments and
civil society organizations.
SEC. 393. PRIORITIZATION OF MIGRATION SOURCE COUNTRIES BY THE UNITED
STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.
(a) In General.--The Administrator of the United States Agency for
International Development shall expand programming that prioritizes
sustainable alternatives to emigration and incorporates migration and
development programming to assist communities in the countries
identified in the previous section, including--
(1) communities that currently experience, or are projected
to soon experience, high rates of population loss due to
international migration to the United States;
(2) communities experiencing or at high risk of trafficking
in persons;
(3) communities that are receiving high rates of returned
or deported migrants from the United States;
(4) communities affected by destabilizing levels of
generalized violence, or violence associated with gang or drug
related crimes; and
(5) communities that currently have developed partnerships
with migrant associations and federations based in the United
States.
(b) Increased Assistance.--The Secretary of State and the
Administrator of the United States Agency for International Development
shall work with the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Appropriations of the House of Representatives to increase, beginning
in fiscal year 2012, financial assistance to the communities described
in subsection (a) with the goal of--
(1) alleviating rural poverty and revitalizing agricultural
production by supporting investment in rural development
strategies, marketing support to small farmers, small scale
agroenterprise initiatives, and expanded access to credit and
micro-finance opportunities for small farmers, particularly in
regions of highest outmigration;
(2) fully funding micro-finance and micro-enterprise
initiatives and ensure mechanisms for access to rural credit
and micro-insurance and target available funding to
traditionally marginalized groups and at-risk populations,
particularly youth and indigenous populations;
(3) prioritizing income generation and livelihood
alternatives targeted to youth;
(4) supporting innovations and matching funds for
collective remittance investment and business development
through the establishment or expansion of United States
matching funds through United States Agency for International
Development for collective remittance investment by migrant
associations and federations in migrant sending municipalities
or regions; and
(5) recognizing that the highest rates of irregular
migration are from Mexico and other Western Hemisphere
countries by dedicating particular attention to bilateral and
multilateral efforts to reduce the economic and social factors
driving irregular migration in this region.
SEC. 394. SENSE OF CONGRESS ON INCREASED UNITED STATES FOREIGN POLICY
COHERENCY IN THE WESTERN HEMISPHERE.
It is the sense of Congress that the Secretary of State should
review the United States foreign policy toward Latin America in order
to strengthen hemispheric security through the reduction of poverty and
inequality, expansion of equitable trade, support for democratic
institutions, citizen security and the rule of law, as essential
elements in consolidation of a well-managed regional migration policy.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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