II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Comprehensive Immi5 gration Reform Act of 2011’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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 


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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


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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. 


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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. 


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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. 


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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. 


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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. 

1 SEC. 3. REFERENCES TO IMMIGRATION AND NATIONALITY 

2 ACT. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

5 as an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a 

7 section or other provision of the Immigration and Nation8 ality Act (8 U.S.C. 1101 et seq.). 

9 SEC. 4. DEFINITIONS. 

10 In this Act: 

11 (1) DEPARTMENT.—The term ‘‘Department’’ 

12 means the Department of Homeland Security. 

13 (2) NORTHERN BORDER.—The term ‘‘Northern 

14 border’’ means the international land border between 

15 the United States and Canada. 

16 (3) SECRETARY .—The term ‘‘Secretary’’ 

17 means the Secretary of Homeland Security. 

18 (4) SOUTHERN BORDER.—The term ‘‘Southern 

19 border’’ means the international land border between 

20 the United States and Mexico. 


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1 TITLE I—IMMIGRATION REG2 ISTRATION AND EMPLOY3 MENT 

4 Subtitle A—Registration of Un5 documented Individuals, the 

6 Dream Act, Family Unity, and 

7 AgJobs 

8 PART I—LAWFUL PROSPECTIVE IMMIGRANT 

9 STATUS 

10 SEC. 111. LAWFUL PROSPECTIVE IMMIGRANT STATUS. 

11 (a) IN GENERAL.— 

12 (1) AUTHORITY TO GRANT LAWFUL PROSPEC13 TIVE IMMIGRANT STATUS.—Notwithstanding any 

14 other provision of law, the Secretary may grant law15 ful prospective immigrant status to an alien who— 

16 (A) submits an application for such status; 

17 and 

18 (B) meets the requirements under this sec19 tion. 

20 (2) TREATMENT OF APPLICANTS.—An appli21 cant for lawful prospective immigrant status under 

22 this section shall be treated as an applicant for ad23 mission to the United States. 

24 (b) ELIGIBILITY REQUIREMENTS.— 

25 (1) IN GENERAL.— 


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1 (A) INADMISSIBILITY.—Except as provided 

2 in paragraph (3), an alien may not be granted 

3 lawful prospective immigrant status if the alien 

4 is inadmissible under section 212(a) of the Im5 migration and Nationality Act (8 U.S.C. 

6 1182(a)). 

7 (B) PHYSICAL PRESENCE.—An alien may 

8 not be granted lawful prospective immigrant 

9 status under this section unless the alien— 

10 (i) is physically present in the United 

11 States on the date on which alien applies 

12 for such status; 

13 (ii) was physically present in the 

14 United States before June 1, 2011; and 

15 (iii) has maintained continuous phys16 ical presence in the United States between 

17 June 1, 2011 and the date on which the 

18 alien is granted such status. 

19 (2) GROUNDS OF INELIGIBILITY.— 

20 (A) IN GENERAL.—An alien is ineligible 

21 for lawful prospective immigrant status under 

22 this section if the Secretary determines that the 

23 alien— 

24 (i) was convicted of any offense under 

25 Federal or State law punishable with a 


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1 maximum term of imprisonment of more 

2 than 1 year; 

3 (ii) is a person described in subpara4 graph (A)(iii), (E)(i), or (E)(ii) of section 

5 237(a)(2) of the Immigration and Nation6 ality Act (8 U.S.C. 1227(a)(2)); 

7 (iii) ordered, incited, assisted, or oth8 erwise participated in the persecution of 

9 any person on account of race, religion, na10 tionality, membership in a particular social 

11 group, or political opinion; 

12 (iv) is entering, has entered, or has 

13 attempted to enter, the United States ille14 gally on or after June 1, 2011; or 

15 (v) was, as of June 1, 2011— 

16 (I) an alien lawfully admitted for 

17 permanent residence; 

18 (II) an alien granted asylum 

19 under section 208 of the Immigration 

20 and Nationality Act or admitted as a 

21 refugee under section 207 of such 

22 Act; 

23 (III) an alien who, according to 

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1 ployment or other violation of non2 immigrant status— 

3 (aa) is in a period of author4 ized stay in any nonimmigrant 

5 status (other than an alien con6 sidered to be in a nonimmigrant 

7 status solely by reason of section 

8 244(f)(4) of such Act); and 

9 (bb) has been in the United 

10 States in a nonimmigrant status 

11 for 5 consecutive years; 

12 (IV) an alien paroled into the 

13 United States under section 212(d)(5) 

14 of such Act for purposes of prosecu15 tion or of serving as a witness in pro16 ceedings being, or to be, conducted by 

17 judicial, administrative, or legislative 

18 bodies in the United States; or 

19 (V) an alien paroled into the 

20 Commonwealth of the Northern Mar21 iana Islands. 

22 (B) CONSTRUCTION.—For purposes of de23 termining ineligibility under this paragraph, 

24 section 101(a)(48) of the Immigration and Na25 tionality Act (8 U.S.C. 1101(a)(48)) shall apply 


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1 to determinations of conviction or sentencing 

2 for an offense. 

3 (3) GROUNDS OF INADMISSIBILITY.— 

4 (A) IN GENERAL.—In determining an 

5 alien’s admissibility under paragraph (1)(B)— 

6 (i) section 212(a)(5) of the Immigra7 tion and Nationality Act (8 U.S.C. 

8 1182(a)(5)) shall not apply; 

9 (ii) paragraphs (6)(A), (6)(B), (6)(C), 

10 (6)(D), (6)(F), (6)(G), (7), (9), and 

11 (10)(B) of section 212(a) of such Act shall 

12 not apply with regard to conduct or unlaw13 ful presence occurring before the date of 

14 application; 

15 (iii) the Secretary may not waive— 

16 (I) subparagraphs (B), (C), 

17 (D)(ii), (E), (H), (I), or (J) of section 

18 212(a)(2) of such Act (relating to 

19 criminals); 

20 (II) section 212(a)(3) of such Act 

21 (relating to security and related 

22 grounds); 

23 (III) subparagraphs (A), (C), or 

24 (D) of section 212(a)(10) of such Act 


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1 (relating to polygamists and child ab2 ductors); or 

3 (IV) paragraph (6)(A)(i) of sec4 tion 212(a) of such Act (with respect 

5 to any entries occurring on or after 

6 June 1, 2011); and 

7 (iv) the Secretary may waive the ap8 plication of any provision under section 

9 212(a) of such Act not listed under clause 

10 (iii) on behalf of an individual alien for hu11 manitarian purposes, to ensure family 

12 unity, or if such waiver is otherwise in the 

13 public interest. 

14 (B) CONSTRUCTION.—Nothing in this 

15 paragraph may be construed to— 

16 (i) require the Secretary to commence 

17 removal proceedings against an alien; or 

18 (ii) affect the authority of the Sec19 retary other than under this paragraph to 

20 waive the provisions of section 212(a) of 

21 the Immigration and Nationality Act (8 

22 U.S.C. 1182(a)). 

23 (4) CONTINUOUS PHYSICAL PRESENCE.—Any 

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1 tion pursuant to subsection (d)(1) shall constitute a 

2 break in continuous physical presence. 

3 (5) APPLICABILITY OF OTHER PROVISIONS.— 

4 Sections 208(d)(6) and 240B(d) of the Immigration 

5 and Nationality Act (8 U.S.C. 1158(d)(6) and 

6 1229c(d)) shall not apply to an alien with respect to 

7 an application for lawful prospective immigrant sta8 tus under this section. 

9 (c) APPLICATION PROCEDURES.— 

10 (1) FILING OF APPLICATION.— 

11 (A) IN GENERAL.—In accordance with the 

12 rulemaking procedures described in section 

13 121— 

14 (i) the Secretary shall prescribe by in15 terim final rule published in the Federal 

16 Register— 

17 (I) the procedures for an alien in 

18 the United States to apply for lawful 

19 prospective immigrant status; 

20 (II) the procedures for an alien 

21 granted lawful prospective immigrant 

22 status to petition for a spouse or child 

23 outside the United States to be classi24 fied as a lawful prospective immi25 grant; and 


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1 (III) the evidence required to 

2 demonstrate eligibility for such status, 

3 or otherwise required as part of the 

4 application, including information 

5 about the alien’s spouse or children; 

6 and 

7 (ii) the Secretary of State shall pre8 scribe by regulation published in the Fed9 eral Register— 

10 (I) the procedures for an alien 

11 overseas who is the beneficiary of an 

12 approved petition for lawful prospec13 tive immigrant status to apply at a 

14 consulate for a visa or other appro15 priate documentation authorizing 

16 travel to a United States port of 

17 entry; and 

18 (II) the evidence required to 

19 demonstrate eligibility for such docu20 mentation. 

21 (B) RECEIPT OF APPLICATIONS.—The Sec22 retary shall accept applications from aliens in 

23 the United States for lawful prospective immi24 grant status during the 1-year period beginning 

25 on the first day of the tenth month that begins 


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1 after the date of the enactment of this Act. If 

2 the Secretary determines, during such 1-year 

3 period, that additional time is required to proc4 ess applications for such status or for other 

5 good cause, the Secretary may extend the pe6 riod for accepting applications by not more than 

7 6 additional months. 

8 (C) APPLICATION BY ALIENS APPRE9 HENDED BEFORE START OF APPLICATION PE10 RIOD.—If an alien who is apprehended during 

11 the application period set forth in subparagraph 

12 (B) can establish prima facie eligibility for law13 ful prospective immigrant status under this sec14 tion, the Secretary shall provide the alien with 

15 a reasonable opportunity to file an application 

16 under this section after regulations imple17 menting this section are promulgated. 

18 (D) APPLICATION BY ALIENS IN REMOVAL

19 PROCEEDINGS.—Notwithstanding any provision 

20 of the Immigration and Nationality Act (8 

21 U.S.C. 1101 et seq.)— 

22 (i) if the Secretary determines that an 

23 alien, during the application period set 

24 forth in subparagraph (B), is in removal, 

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1 fore the Executive Office for Immigration 

2 Review and is prima facie eligible for law3 ful prospective immigrant status under this 

4 section— 

5 (I) the Secretary shall notify the 

6 Executive Office for Immigration Re7 view of such determination; and 

8 (II) upon the consent of the 

9 alien, the Executive Office for Immi10 gration Review shall— 

11 (aa) terminate such pro12 ceedings without prejudice to fu13 ture proceedings on any basis; 

14 and 

15 (bb) provide the alien a rea16 sonable opportunity to apply for 

17 such status; and 

18 (ii) if the Executive Office for Immi19 gration Review determines that an alien, 

20 during the application period set forth in 

21 subparagraph (B), is in removal, deporta22 tion, or exclusion proceedings before the 

23 Executive Office for Immigration Review 

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1 spective immigrant status under this sec2 tion— 

3 (I) the Executive Office of Immi4 gration Review shall notify the Sec5 retary of such determination; and 

6 (II) if the Secretary does not dis7 pute the determination of prima facie 

8 eligibility within 14 days, the Execu9 tive Office for Immigration Review, 

10 upon consent of the alien, shall— 

11 (aa) terminate such pro12 ceedings without prejudice to fu13 ture proceedings on any basis; 

14 and 

15 (bb) permit the alien a rea16 sonable opportunity to apply for 

17 such status. 

18 (E) APPLICATION BY ALIENS WITH CER19 TAIN ORDERS.— 

20 (i) IN GENERAL.—An alien who is 

21 present in the United States and has been 

22 ordered excluded, deported, or removed, or 

23 ordered to depart voluntarily from the 

24 United States under any provision of the 

25 Act— 


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1 (I) notwithstanding such order or 

2 section 241(a)(5) of the Immigration 

3 and Nationality Act (8 U.S.C. 

4 1231(a)(5)), may apply for lawful pro5 spective immigrant status under this 

6 section if the alien meets all of the 

7 other conditions set forth in this sec8 tion; and 

9 (II) shall not be required to file 

10 a separate motion to reopen, recon11 sider, or vacate the exclusion, deporta12 tion, removal, or voluntary departure 

13 order. 

14 (ii) EFFECT OF GRANT OF STATUS.— 

15 If the Secretary grants lawful prospective 

16 immigrant status to an alien under this 

17 section, the order against the alien de18 scribed in clause (i) shall be rendered null 

19 and void by operation of law. 

20 (iii) EFFECT OF DENIAL OF STA21 TUS.—If the Secretary renders a final ad22 ministrative decision to deny an alien’s ap23 plication for lawful prospective immigrant 

24 status under this section, the order de25 scribed in clause (i) shall be effective and 


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1 enforceable to the same extent as if the ap2 plication had not been made. 

3 (2) APPLICATION FORM.— 

4 (A) IN GENERAL.—The Secretary shall 

5 create an application form that an alien shall be 

6 required to complete to be granted lawful pro7 spective immigrant status. 

8 (B) LANGUAGE AND ASSISTANCE.—The 

9 Secretary shall make available forms and ac10 companying instructions in the most common 

11 languages spoken by persons in the United 

12 States, as determined by the Secretary. The 

13 Secretary shall create a plan for providing rea14 sonable accommodation to individuals with dis15 abilities in accordance with applicable law. 

16 (C) APPLICATION INFORMATION.—The ap17 plication form created under this paragraph 

18 shall request such information as the Secretary 

19 determines necessary and appropriate. The ap20 plication, and all information submitted as part 

21 of the application process, shall be submitted in 

22 English. 

23 (3) SECURITY AND LAW ENFORCEMENT BACK24 GROUND CHECKS.— 


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1 (A) SUBMISSION OF BIOMETRIC AND BIO2 GRAPHIC DATA.—The Secretary may not grant 

3 lawful prospective immigrant status to an alien 

4 unless the alien submits biometric and bio5 graphic data in accordance with procedures es6 tablished by the Secretary, or, with respect to 

7 overseas applications for visas or other docu8 mentation of status submitted pursuant to reg9 ulations promulgated under section 

10 601(c)(1)(A)(ii), by the Secretary of State. The 

11 Secretary shall provide an alternative procedure 

12 for applicants who cannot provide the standard 

13 biometric data because of a physical impair14 ment. 

15 (B) BACKGROUND CHECKS.—Before grant16 ing lawful prospective immigrant status to any 

17 alien, the Secretary shall complete, to the satis18 faction of the Secretary, security and law en19 forcement background checks on the alien, uti20 lizing biometric, biographic, and other data that 

21 the Secretary determines to be appropriate, to 

22 determine the existence of any criminal, na23 tional security, or other factors that would 

24 render the alien ineligible for status under this 

25 section. 


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1 (4) FEES AND PENALTIES.— 

2 (A) PROCESSING FEES.— 

3 (i) IN GENERAL.—Aliens older than 

4 14 years of age who are applying for law5 ful prospective immigrant status, applying 

6 for an extension of such status, or peti7 tioning for classification of a spouse or 

8 child outside the United States as a lawful 

9 prospective immigrant, shall be required to 

10 pay a processing fee to the Department of 

11 Homeland Security. Spouses or children of 

12 lawful prospective immigrants applying at 

13 United States embassies or consulates for 

14 a visa or other documentation of status 

15 pursuant to regulations promulgated under 

16 paragraph (1)(A)(ii) shall, regardless of 

17 age, be required to pay a processing fee to 

18 the Department of State, which may not 

19 be waived. 

20 (ii) AMOUNT.—The amount of the 

21 fees under clause (i) shall be set by regula22 tion at a level sufficient to recover the full 

23 cost of processing the application or peti24 tion. 


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1 (B) PENALTIES.—Aliens older than 21 

2 years of age who are filing an initial application 

3 for the first extension of the initial period of 

4 lawful prospective immigrant status shall be re5 quired to pay a penalty of $500 in addition to 

6 the processing fee required under subparagraph 

7 (A). 

8 (C) DEPOSIT AND SPENDING OF FEES.— 

9 The processing fees required under subpara10 graph (A) shall be deposited as an offsetting 

11 collection in the appropriate account of the rel12 evant agency identified in subparagraph (A)(i) 

13 and shall remain available until expended. 

14 (D) DEPOSIT, ALLOCATION, AND SPEND15 ING OF PENALTIES.—The penalty described in 

16 subparagraph (B) shall be deposited and re17 main available as provided under section 166. 

18 (5) INTERVIEW.—The Secretary may interview 

19 an applicant for lawful prospective immigrant status 

20 to determine eligibility for such status. 

21 (6) ADJUDICATION OF APPLICATION FILED BY

22 ALIEN.— 

23 (A) IN GENERAL.—The Secretary may 

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1 grant status, or documentation extending such 

2 status, upon— 

3 (i) receiving an application that estab4 lishes to the satisfaction of the Secretary 

5 that the applicant is eligible for such sta6 tus through such documentary or other 

7 evidence of eligibility as the Secretary may 

8 require; and 

9 (ii) completing all background and se10 curity checks to the satisfaction of the Sec11 retary. 

12 (B) BURDEN OF PROOF.—An alien who is 

13 applying for lawful prospective immigrant sta14 tus under this section shall prove, by a prepon15 derance of the evidence, that the alien has sat16 isfied the requirements of this section and is eli17 gible to receive such status. 

18 (C) DENIAL OF APPLICATION.— 

19 (i) FAILURE TO MEET ELIGIBILITY

20 REQUIREMENTS.—If an applicant does not 

21 meet the eligibility requirements for lawful 

22 prospective immigrant status, or for the 

23 extension of such status, the Secretary 

24 shall deny any application for such status 


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1 or extension filed by the applicant until the 

2 applicant meets such requirements. 

3 (ii) FAILURE TO SUBMIT EVIDENCE.— 

4 The Secretary shall deny the application of 

5 an alien who fails to submit requested ini6 tial evidence, including requested biometric 

7 data, or any requested additional evidence 

8 by the date required by the Secretary. 

9 (iii) NEW APPLICATIONS.—An alien 

10 whose application for lawful prospective 

11 immigrant status is denied under clause 

12 (ii) is not precluded from filing a new ap13 plication if the new application is filed 

14 within the period allowed under paragraph 

15 (1)(B) and contains all required fees and 

16 penalties. 

17 (7) EVIDENCE OF LAWFUL PROSPECTIVE IMMI18 GRANT STATUS.— 

19 (A) IN GENERAL.—The Secretary shall 

20 issue documentary evidence of lawful prospec21 tive immigrant status to each alien whose appli22 cation for such status has been approved— 

23 (i) after final adjudication of such 

24 alien’s application for such status; or 


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•S 1258 IS

1 (ii) in the case of an alien outside the 

2 United States, after admission to the 

3 United States as a lawful prospective im4 migrant. 

5 (B) FEATURES OF DOCUMENTATION.— 

6 Documentary evidence provided under subpara7 graph (A)— 

8 (i) shall be machine-readable and tam9 per-resistant; 

10 (ii) shall contain a digitized photo11 graph and at least 1 other biometric iden12 tifier that can be authenticated; 

13 (iii) shall, during the alien’s author14 ized period of admission under paragraphs 

15 (3) and (4) of subsection (e), serve as a 

16 valid travel and entry document for the 

17 purpose of applying for admission to the 

18 United States; 

19 (iv) may be accepted during the pe20 riod of its validity by an employer as evi21 dence of employment authorization and 

22 identity under section 274A(b)(1)(B) of 

23 the Immigration and Nationality Act (8 

24 U.S.C. 1324a(b)(1)(B)); and 


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1 (v) shall include such other features 

2 and information prescribed by the Sec3 retary. 

4 (d) LAWFUL PROSPECTIVE IMMIGRANT DEPEND5 ENTS.— 

6 (1) IN GENERAL.—The Secretary may classify 

7 an alien not present in the United States as a lawful 

8 prospective immigrant if— 

9 (A) the alien is the spouse (as defined in 

10 section 101(a)(35) of the Immigration and Na11 tionality Act) or child (as defined in section 

12 101(b)(1) of such Act) of a lawful prospective 

13 immigrant; 

14 (B) the spouse or child meets the eligibility 

15 requirements under subsection (b) (other than 

16 the physical presence requirements under sec17 tion (b)(1)(C)), except that section 212(a)(7) of 

18 the Act shall apply; and 

19 (C) the lawful prospective immigrant files 

20 a petition in the United States for status as a 

21 lawful prospective immigrant on behalf of the 

22 spouse or child. 

23 (2) REVOCATION OR DENIAL OF STATUS.—A 

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1 scribed in paragraph (1) shall be denied, an ap2 proved petition for classification as a lawful prospec3 tive immigrant for such spouse or child shall be re4 voked, and any lawful prospective immigrant status 

5 granted to such spouse or child shall be revoked, if 

6 the alien who filed the petition on behalf of the 

7 spouse or child was not eligible for lawful prospec8 tive immigrant status at the time the alien filed an 

9 application under section 111(a). 

10 (e) TERMS AND CONDITIONS OF LAWFUL PROSPEC11 TIVE IMMIGRANT STATUS.— 

12 (1) BENEFITS PENDING ADJUDICATION OF AP13 PLICATION.— 

14 (A) IN GENERAL.—Until a final decision 

15 on the application for lawful prospective immi16 grant status, an alien in the United States who 

17 files an application under this section for lawful 

18 prospective immigrant status— 

19 (i) may in the Secretary’s discretion 

20 receive advance parole to re-enter the 

21 United States, but only when urgent hu22 manitarian circumstances compel such 

23 travel; and 

24 (ii) may not be detained by the Sec25 retary or removed from the United States, 


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1 unless the Secretary determines, in the 

2 Secretary’s sole discretion, that such alien 

3 is or has become— 

4 (I) ineligible for lawful prospec5 tive immigrant status under section 

6 (b)(2); 

7 (II) inadmissible under section 

8 (b)(1)(B), without regard to the possi9 bility of a waiver under section 

10 (b)(3)(A)(iii); or 

11 (III) removable under subpara12 graph (A)(iii), (E)(i), or (E)(ii) of sec13 tion 237 of the Immigration and Na14 tionality Act (8 U.S.C. 1227(a)(2)). 

15 (B) RULE OF CONSTRUCTION.—Nothing in 

16 this section may be construed to prevent the 

17 Secretary from detaining an alien for up to 48 

18 hours on the basis of probable cause that the 

19 alien is a person described in subparagraph 

20 (A)(ii). After the conclusion of the 48-hour pe21 riod, detention is authorized in accordance with 

22 the provisions of the Immigration and Nation23 ality Act governing the removal process. 

24 (C) EVIDENCE OF APPLICATION FILING.— 

25 A document shall be issued by the Secretary 


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•S 1258 IS

1 showing receipt of an application for lawful pro2 spective immigrant status. 

3 (D) CONTINUING EMPLOYMENT.—An em4 ployer who knows that an alien employee is an 

5 applicant for lawful prospective immigrant sta6 tus is not in violation of section 274A(a)(2) of 

7 the Immigration and Nationality Act (8 U.S.C. 

8 1324a(a)(2)) if the employer continues to em9 ploy the alien pending adjudication of the appli10 cation. 

11 (E) APPLICABILITY OF OTHER PROVI12 SIONS.—Section 101(g) of such Act shall not 

13 apply to an alien granted advance permission 

14 under subparagraph (A)(ii) to reenter the 

15 United States. 

16 (2) BENEFITS OF LAWFUL PROSPECTIVE IMMI17 GRANT STATUS.— 

18 (A) EMPLOYMENT.—Notwithstanding any 

19 other provision of law, including section 

20 241(a)(7) of the Immigration and Nationality 

21 Act (8 U.S.C. 1231(a)(7)), lawful prospective 

22 immigrants shall be granted employment au23 thorization incident to their lawful prospective 

24 immigrant status. 


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1 (B) TRAVEL OUTSIDE THE UNITED

2 STATES.— 

3 (i) IN GENERAL.—A lawful prospec4 tive immigrant may travel outside of the 

5 United States and may be admitted (if 

6 otherwise admissible) upon return to the 

7 United States without having to obtain a 

8 visa if— 

9 (I) the alien is the bearer of 

10 valid, unexpired documentary evidence 

11 of lawful prospective immigrant status 

12 that satisfies the conditions set forth 

13 in subsection (c)(7); 

14 (II) the alien’s absence from the 

15 United States was not for a period ex16 ceeding 6 months; and 

17 (III) the alien is not subject to 

18 the bars on extension described in 

19 paragraph (4)(C). 

20 (ii) ADMISSIBILITY.—On seeking re21 admission to the United States after travel 

22 outside the United States a lawful prospec23 tive immigrant shall establish that he or 

24 she is not inadmissible in accordance with 


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1 section 235 of the Act, except as provided 

2 by subsection (b)(3). 

3 (iii) EFFECT ON PERIOD OF AUTHOR4 IZED ADMISSION.—Time spent outside the 

5 United States under clause (i) shall not ex6 tend the most recent period of authorized 

7 admission in the United States under 

8 paragraph (3). 

9 (C) PROTECTION FROM DETENTION OR

10 REMOVAL.—A lawful prospective immigrant 

11 may not be detained by the Secretary or re12 moved from the United States, unless— 

13 (i) the Secretary determines in her 

14 discretion that such alien is or has be15 come— 

16 (I) ineligible for lawful prospec17 tive immigrant status under sub18 section (b)(2); 

19 (II) inadmissible under sub20 section (b)(1)(B); or 

21 (III) removable under subpara22 graph (A)(iii), (E)(i), or (E)(ii) of sec23 tion 237 of the Immigration and Na24 tionality Act (8 U.S.C. 1227(a)(2)); 

25 or 


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1 (ii) the alien’s lawful prospective im2 migrant status has expired or has been re3 voked under paragraph (6). 

4 (D) RULE OF CONSTRUCTION.—Nothing in 

5 this paragraph may be construed to prevent the 

6 Secretary from detaining a lawful prospective 

7 immigrant for up to 48 hours on the basis of 

8 probable cause that the alien is a person de9 scribed in subparagraph (C)(i). After the con10 clusion of such 48-hour period, detention is au11 thorized in accordance with the provisions of 

12 the Immigration and Nationality Act governing 

13 the removal process. 

14 (E) ADMISSION.—An alien granted status 

15 as a lawful prospective immigrant shall be con16 sidered to have been admitted in lawful pro17 spective immigrant status as of the date of ap18 proval of the alien’s application or (in the case 

19 of an alien outside the United States) on the 

20 date such alien is admitted to the United 

21 States, whichever is later. An alien in lawful 

22 prospective immigrant status is lawfully admit23 ted, but is not a nonimmigrant or an alien who 

24 has been lawfully admitted for permanent resi25 dence. 


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1 (3) INITIAL PERIOD OF AUTHORIZED ADMIS2 SION.—Except as provided under paragraph (4), the 

3 initial period of authorized admission for a lawful 

4 prospective immigrant may not exceed 4 years from 

5 the date on which such status is conferred. The Sec6 retary may in her discretion provide for shorter expi7 ration dates among subsets of lawful prospective im8 migrants, based upon the date of filing or other ap9 propriate factors, in order to encourage early filing, 

10 vary expiration dates, or otherwise improve the ad11 ministration of the program. 

12 (4) EXTENSION.— 

13 (A) IN GENERAL.—The Secretary may ex14 tend a lawful prospective immigrant’s period of 

15 lawful admission beyond the initial period de16 scribed in paragraph (3) only where the lawful 

17 prospective immigrant has filed, in the United 

18 States, a timely application for extension. In no 

19 case, however, may the period of authorized ad20 mission provided in any such extension extend 

21 past the date that is 11 years after the date of 

22 enactment of this Act. 

23 (B) ELIGIBILITY.—In order to be eligible 

24 for an extension of the period of authorized ad25 mission under this paragraph, an alien shall 


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•S 1258 IS

1 demonstrate continuing eligibility for status as 

2 a lawful prospective immigrant and not be sub3 ject to any of the bars to extension in subpara4 graph (C). 

5 (C) BARS TO EXTENSION.—A lawful pro6 spective immigrant shall not be eligible to ex7 tend such status if— 

8 (i) the alien has violated any term or 

9 condition of his or her lawful prospective 

10 immigrant status; or 

11 (ii) the period of authorized admission 

12 of the lawful prospective immigrant has ex13 pired or been revoked for any reason. 

14 (D) FILING OF APPLICATION FOR EXTEN15 SION.— 

16 (i) IN GENERAL.—Except as provided 

17 in clause (ii), an extension of status under 

18 this subparagraph shall not be approved 

19 where status as a lawful prospective immi20 grant expired or was revoked before the 

21 date on which the application was filed. 

22 (ii) EXCEPTION.—Failure to file be23 fore the period of previously authorized ad24 mission expired or was revoked may be ex25 cused in the discretion of the Secretary, 


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•S 1258 IS

1 with any extension granted from the date 

2 the previously authorized period of admis3 sion expired, where it is demonstrated at 

4 the time of filing that— 

5 (I) the delay was due to extraor6 dinary circumstances beyond the con7 trol of the applicant, and the Sec8 retary finds the delay commensurate 

9 with the circumstances; and 

10 (II) the alien has not otherwise 

11 violated the terms or conditions of his 

12 or her status as a lawful prospective 

13 immigrant. 

14 (E) SECURITY AND LAW ENFORCEMENT

15 BACKGROUND CHECKS.—An alien applying for 

16 extension of status as a lawful prospective im17 migrant shall be required to submit to renewed 

18 security and law enforcement background 

19 checks that shall be completed to the satisfac20 tion of the Secretary before such extension may 

21 be granted. 

22 (F) DENIAL OF APPLICATION FOR EXTEN23 SION.—A denial of an application for extension 

24 of status as a lawful prospective immigrant 


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1 shall be considered a revocation of such status 

2 for purposes of this title. 

3 (5) REGISTRATION REQUIREMENT.—Chapter 7 

4 of title II of the Immigration and Nationality Act (8 

5 U.S.C. 1301 et seq.) shall apply to lawful prospec6 tive immigrants, except that the Secretary may, in 

7 the discretion of the Secretary, excuse a delay of up 

8 to 90 days in complying with the requirement under 

9 section 265 of such Act to file notice of change of 

10 address. An alien whose failure to timely file such 

11 notice of an address change has been excused by the 

12 Secretary shall not be subject to the penalty under 

13 section 266(b) of such Act for that failure. 

14 (6) REVOCATION.— 

15 (A) IN GENERAL.—At any time after an 

16 alien has been granted lawful prospective immi17 grant status but has not yet adjusted from such 

18 status to that of an alien lawfully admitted for 

19 permanent residence under section 112, the 

20 Secretary may revoke the alien’s status fol21 lowing appropriate notice to the alien and ex22 haustion or waiver of all applicable administra23 tive review procedures under section 113, if— 

24 (i) the alien is or has become inadmis25 sible under subsection (b)(1)(B) or ineliVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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•S 1258 IS

1 gible for such status under subsection 

2 (b)(2); 

3 (ii) the alien knowingly used docu4 mentation issued under this section for un5 lawful or fraudulent purposes; or 

6 (iii) the alien is or was absent from 

7 the United States for any single period of 

8 more than 6 months since the grant of 

9 lawful prospective immigrant status. 

10 (B) ADDITIONAL EVIDENCE.—In consid11 ering revocation, the Secretary may require the 

12 alien to submit additional evidence or to appear 

13 for an interview. A failure to comply with such 

14 requirements will result in revocation except 

15 where the alien demonstrates to the Secretary’s 

16 satisfaction that such failure was reasonably ex17 cusable and not willful. 

18 (C) INVALIDATION OF DOCUMENTATION.— 

19 Any documentation that is issued by the Sec20 retary under subsection (c)(7) to any alien shall 

21 automatically be rendered invalid for any pur22 pose except departure, if the alien’s status as a 

23 lawful prospective immigrant is revoked under 

24 subparagraph (A). 


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1 (7) MEDICAL EXAMINATION.—A lawful prospec2 tive immigrant is required to undergo medical obser3 vation and examination. The Secretary, with the 

4 concurrence of the Secretary of Health and Human 

5 Services, shall prescribe policies and procedures for 

6 the nature, frequency, and timing of such observa7 tion and examination. 

8 (8) RULE OF CONSTRUCTION.—Nothing in this 

9 section may be construed— 

10 (A) to require the Secretary to revoke sta11 tus as a lawful prospective immigrant before 

12 commencing removal proceedings with respect 

13 to an alien described in subsection (a) who has 

14 been granted such status, or in any way pro15 hibit the initiation of such proceedings against 

16 a lawful prospective immigrant where such pro17 ceedings are authorized under this Act; or 

18 (B) to authorize the Attorney General to 

19 adjudicate or grant any application for status 

20 as a lawful prospective immigrant, to receive or 

21 consider an appeal from a denial or revocation 

22 of lawful prospective immigrant status, or to 

23 adjust the status of any lawful prospective im24 migrant to an alien lawfully admitted for per25 manent residence, unless the Secretary has delVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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•S 1258 IS

1 egated such authority to the Attorney General 

2 in appropriate cases pursuant to section 

3 103(a)(6) of the Immigration and Nationality 

4 Act (8 U.S.C. 1103(a)(6)). 

5 (f) DISSEMINATION OF INFORMATION ON LAWFUL

6 PROSPECTIVE IMMIGRANT PROGRAM.—After the date of 

7 the enactment of this Act, the Secretary, in cooperation 

8 with entities approved by the Secretary, and in accordance 

9 with a plan adopted by the Secretary in the Secretary’s 

10 discretion, shall broadly disseminate information regard11 ing lawful prospective immigrant status, the rights and 

12 benefits that flow from such status, and the requirements 

13 to be satisfied to obtain this status. Such information shall 

14 be disseminated in the top 5 principal languages, as deter15 mined by the Secretary in the Secretary’s discretion, spo16 ken by aliens who would qualify for status under this sec17 tion, including to television, radio, and print media to 

18 which such aliens would have access. 

19 SEC. 112. ADJUSTMENT OF STATUS FOR LAWFUL PROSPEC20 TIVE IMMIGRANTS. 

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, including section 244(h) of the Immigration 

23 and Nationality Act (8 U.S.C. 1254a(h)), the Secretary 

24 may adjust the status of a lawful prospective immigrant 

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1 dence if the lawful prospective immigrant satisfies, in ad2 dition to all other requirements imposed by law, the eligi3 bility requirements under this section. 

4 (b) ELIGIBILITY REQUIREMENTS.— 

5 (1) LAWFUL PROSPECTIVE IMMIGRANT STA6 TUS.— 

7 (A) IN GENERAL.—The alien shall be in a 

8 period of authorized admission as a lawful pro9 spective immigrant and shall continue to sat10 isfy— 

11 (i) the eligibility requirements for 

12 such status under section 601(b); and 

13 (ii) the terms and conditions of such 

14 status under section 601(d). 

15 (B) MAINTENANCE OF WAIVERS OF ADMIS16 SIBILITY.— 

17 (i) IN GENERAL.—The grounds of in18 admissibility under section 212(a) of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1182(a)) that are made inapplicable or 

21 previously waived for the alien under sec22 tion 111(b)(3) shall also be considered in23 applicable for purposes of the alien’s ad24 justment pursuant to this section. 


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1 (ii) EXCEPTION FOR POST-FILING

2 CONDUCT.—No waiver previously granted 

3 shall apply to any inadmissibility under 

4 section 111(b)(1)(B) arising out of conduct 

5 occurring after the date on which the ap6 plication for lawful prospective immigrant 

7 status was filed. 

8 (C) PENDING REVOCATION PRO9 CEEDINGS.—If the Secretary has sent the appli10 cant a notice of intent to revoke the applicant’s 

11 lawful prospective immigrant status under sec12 tion 111(e)(6)(A)(i), an application for adjust13 ment under this section may not be approved 

14 until the Secretary has made a final determina15 tion on whether to revoke the applicant’s sta16 tus. 

17 (2) BASIC CITIZENSHIP SKILLS.—— 

18 (A) IN GENERAL.—Except as provided 

19 under subparagraph (C), a lawful prospective 

20 immigrant who is older than 14 years of age 

21 shall establish that he or she— 

22 (i) meets the requirements under sec23 tion 312 of the Immigration and Nation24 ality Act (8 U.S.C. 1423); or 


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•S 1258 IS

1 (ii) is satisfactorily pursuing a course 

2 of study, pursuant to standards established 

3 by the Secretary of Education, in consulta4 tion with the Secretary, to achieve such an 

5 understanding of English and knowledge 

6 and understanding of the history and Gov7 ernment of the United States. 

8 (B) RELATION TO NATURALIZATION EXAM9 INATION.—A lawful prospective immigrant who 

10 demonstrates that he or she meets the require11 ments under section 312 of such Act may be 

12 considered to have satisfied the requirements of 

13 that section for purposes of becoming natural14 ized as a citizen of the United States under title 

15 III of such Act. 

16 (C) EXCEPTIONS.— 

17 (i) MANDATORY.—Subparagraph (A) 

18 shall not apply to any person who is unable 

19 to comply with those requirements because 

20 of a physical or developmental disability or 

21 mental impairment as described in section 

22 312(b)(1) of such Act. 

23 (ii) DISCRETIONARY.—The Secretary 

24 may waive all or part of subparagraph (A) 

25 for a lawful prospective immigrant who is 


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•S 1258 IS

1 at least 65 years of age on the date on 

2 which an application is filed for adjust3 ment of status under this section. 

4 (3) PAYMENT OF TAXES.— 

5 (A) IN GENERAL.—Not later than the date 

6 on which the application for adjustment of sta7 tus under this section is filed, the applicant 

8 shall satisfy any applicable Federal tax liability. 

9 (B) APPLICABLE FEDERAL TAX LIABIL10 ITY.—For purposes of subparagraph (A), the 

11 term ‘‘applicable Federal tax liability’’ means li12 ability for unpaid assessed Federal taxes, in13 cluding penalties and interest, owed. 

14 (4) CONTINUOUS PHYSICAL PRESENCE.—The 

15 alien shall establish that the alien did not have a 

16 single absence from the United States of more than 

17 6 months during the period of admission as a lawful 

18 prospective immigrant. 

19 (5) MILITARY SELECTIVE SERVICE.—The alien 

20 shall establish that the alien has registered under 

21 the Military Selective Service Act (50 U.S.C. App. 

22 451 et seq.), if the alien is subject to such registra23 tion under such Act. 

24 (c) APPLICATION PROCEDURES.— 


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1 (1) IN GENERAL.—In accordance with the pro2 cedures described in section 121, the Secretary shall 

3 prescribe by regulation the procedures for an alien 

4 in the United States to apply for adjustment of sta5 tus under this section and the evidence required to 

6 demonstrate eligibility for such adjustment. 

7 (2) FILING OF APPLICATION.— 

8 (A) BACK OF THE LINE.—An alien may 

9 not adjust status to that of an alien lawfully 

10 admitted for permanent residence under this 

11 section until the earlier of— 

12 (i) 30 days after an immigrant visa 

13 has become available for all approved peti14 tions filed under sections 201 and 203 of 

15 the Act that were filed before the date of 

16 enactment of this Act; or 

17 (ii) 8 years after the date of enact18 ment of this Act. 

19 (B) ACCEPTANCE OF APPLICATIONS.—No 

20 application to adjust status under this section 

21 may be filed before the date that is 6 years 

22 after the initial grant of lawful prospective im23 migrant status, regardless of whether such date 

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1 graph (A), an alien may adjust status under 

2 this section. 

3 (3) FEES AND PENALTIES.— 

4 (A) PROCESSING FEES.—The Secretary 

5 shall impose a processing fee on applications for 

6 adjustment filed under this section which shall 

7 be sufficient to recover the full cost of adjudi8 cating the application, including the cost of tak9 ing and processing biometrics, and the cost of 

10 expenses relating to prevention and investiga11 tion of fraud. 

12 (B) PENALTIES.—An alien 21 years of age 

13 or over who is filing an application for adjust14 ment of status under this section shall pay a 

15 $1000 penalty to the Secretary, in addition to 

16 the processing fee required under subparagraph 

17 (A). 

18 (C) DEPOSIT, ALLOCATION, AND SPENDING

19 OF FEES AND PENALTIES.—Fees and penalties 

20 collected under subparagraph (B) shall be de21 posited and remain available as provided under 

22 section 111. 

23 (4) INTERVIEW.—The Secretary may interview 

24 an applicant for adjustment under this section to de25 termine eligibility for such adjustment. 


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1 (5) SECURITY AND LAW ENFORCEMENT BACK2 GROUND CHECKS.—An alien applying for adjustment 

3 under this section shall be required to submit to a 

4 renewed security and law enforcement background 

5 check that shall be completed to the satisfaction of 

6 the Secretary before such adjustment may be grant7 ed. 

8 (6) ADJUDICATION OF ADJUSTMENT APPLICA9 TION.— 

10 (A) EVIDENCE OF CONTINUOUS PHYSICAL

11 PRESENCE.—The Secretary shall determine 

12 continuous physical presence based upon the 

13 Secretary’s records of admission to the United 

14 States or such other relevant information as the 

15 Secretary may require. 

16 (B) EVIDENCE OF PAYMENT OF TAXES.— 

17 (i) IN GENERAL.—The alien may dem18 onstrate compliance with the requirement 

19 under paragraph (b)(3) by submitting doc20 umentation, in accordance with regulations 

21 promulgated by the Secretary, that estab22 lishes that— 

23 (I) no such unpaid assessed Fed24 eral tax liability exists; 


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1 (II) all such outstanding liabil2 ities have been met; or 

3 (III) the alien has entered into, 

4 and is in compliance with, an agree5 ment for payment of all outstanding 

6 liabilities with the Internal Revenue 

7 Service. 

8 (ii) IRS COOPERATION.—The Sec9 retary of the Treasury, in consultation 

10 with the Secretary, shall establish proce11 dures pursuant to applicable provisions of 

12 section 6103 of the Internal Revenue Code 

13 of 1986, under which the Commissioner of 

14 Internal Revenue shall provide documenta15 tion whereby the Secretary or the applicant 

16 may establish the payment of all taxes re17 quired under this subsection, to verify that 

18 the individual meets the requirements of 

19 clause (i). 

20 (C) BURDEN OF PROOF.—An alien who is 

21 applying for adjustment of status under this 

22 section shall prove, by a preponderance of the 

23 evidence, that the alien has satisfied the re24 quirements of this section. 


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1 (d) 5-YEAR ELIGIBILITY WAITING PERIOD.—An indi2 vidual who meets the requirements under this section for 

3 adjustment from lawful prospective immigrant status to 

4 lawful permanent resident status shall be considered, as 

5 of the date of such adjustment, to have completed the 5- 

6 year period specified in sections 402 and 403 of the Per7 sonal Responsibility and Work Opportunity Reconciliation 

8 Act of 1996 (8 U.S.C. 1612 and 1613). 

9 SEC. 113. ADMINISTRATIVE REVIEW, REMOVAL PRO10 CEEDINGS, AND JUDICIAL REVIEW FOR 

11 ALIENS WHO HAVE APPLIED FOR LAWFUL 

12 PROSPECTIVE IMMIGRANT STATUS. 

13 (a) ADMINISTRATIVE REVIEW.— 

14 (1) EXCLUSIVE ADMINISTRATIVE REVIEW.—Ad15 ministrative review of a determination respecting an 

16 application for status as a lawful prospective immi17 grant under section 111(b) or respecting an applica18 tion for adjustment of status under section 112 shall 

19 be conducted solely as provided in this subsection. 

20 (2) ADMINISTRATIVE APPELLATE REVIEW.— 

21 (A) ESTABLISHMENT OF ADMINISTRATIVE

22 APPELLATE AUTHORITY.—The Secretary shall 

23 establish or designate an appellate authority 

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1 tive appellate review of a determination respect2 ing an application for status or revocation of 

3 status as a lawful prospective immigrant under 

4 section 111(b) or respecting an application for 

5 adjustment of status under section 112. Any 

6 such application is not renewable in any pro7 ceeding before the Attorney General. 

8 (B) SINGLE APPEAL FOR EACH ADMINIS9 TRATIVE DECISION.— 

10 (i) LAWFUL PROSPECTIVE IMMI11 GRANT.—An alien in the United States 

12 whose application for status as a lawful 

13 prospective immigrant under section 

14 111(b) has been denied or whose status as 

15 a lawful prospective immigrant has been 

16 revoked, may file with the Secretary not 

17 more than 1 appeal of each decision to 

18 deny or revoke such status. 

19 (ii) ADJUSTMENT OF STATUS.—An 

20 alien in lawful prospective immigrant sta21 tus whose application under section 112 

22 for adjustment of status to that of an alien 

23 lawfully admitted for permanent residence 

24 has been denied may file with the SecVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 retary not more than 1 appeal of each de2 cision to deny or revoke such status. 

3 (iii) NOTICE OF APPEAL.—A notice of 

4 appeal filed under this subsection shall be 

5 filed not later than 60 calendar days after 

6 the date of service of the decision of denial 

7 or revocation. 

8 (C) SECRETARIAL REVIEW.—Nothing in 

9 this subsection may be construed to limit the 

10 authority of the Secretary, in the Secretary’s 

11 sole and unreviewable discretion, from certi12 fying appeals for review and final administra13 tive decision. 

14 (D) DENIAL OF PETITIONS FOR DEPEND15 ENTS.—Appeals of a decision to deny a petition 

16 filed by a lawful prospective immigrant pursu17 ant to regulations promulgated under section 

18 111(c)(1)(A)(i) to classify a spouse or child of 

19 such alien as a lawful prospective immigrant 

20 shall be to the administrative appellate author21 ity described in subsection (A). 

22 (E) STAY OF REMOVAL.—Aliens seeking 

23 administrative review under this section shall 

24 not be removed from the United States until a 

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1 bility under this title, unless such removal is 

2 based on criminal or national security grounds. 

3 (3) RECORD FOR REVIEW.—Administrative ap4 pellate review referred to in paragraph (2) shall be 

5 based solely upon the administrative record estab6 lished at the time of the determination on the appli7 cation and upon such additional newly discovered or 

8 previously unavailable evidence. 

9 (b) SELF INITIATED REMOVAL AND NOTICE PRE10 SERVING JUDICIAL REVIEW.— 

11 (1) IN GENERAL.—Except as provided in sub12 paragraphs (2) and (3), any alien who receives a de13 nial of an administrative appeal filed under sub14 section (a) may request, not later than 60 calendar 

15 days after the date of service of the administrative 

16 appellate decision, that the Secretary place the alien 

17 in removal proceedings. That request shall serve as 

18 a notice preserving judicial review of the denial. The 

19 Secretary shall place such alien in removal pro20 ceedings to which the alien would otherwise be sub21 ject, provided that no court shall have jurisdiction to 

22 review the timing of the Secretary’s initiation of 

23 such proceedings. If removal proceedings are not 

24 commenced within 1 year of the timely filing of the 

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1 tion for review as if an order of removal was filed 

2 within 1 year of the request. 

3 (2) ALIENS IN REMOVAL PROCEEDINGS.—Any 

4 alien who is in removal, deportation, or exclusion 

5 proceedings that are not administratively final and 

6 who receives a denial of an administrative appeal 

7 filed under subsection (a), may file with the Sec8 retary, not later than 60 calendar days after the 

9 date of service of the administrative appellate deci10 sion, a notice to preserve judicial review of that ap11 peal. 

12 (3) ALIENS WITH A FINAL REMOVAL ORDER.— 

13 Any alien who is subject to an administratively final, 

14 unexecuted order of removal, deportation, or exclu15 sion and who receives a denial of an administrative 

16 appeal filed under subsection (a), may file with the 

17 Secretary, not later than 60 calendar days after the 

18 date of service of the administrative appellate deci19 sion, a notice to preserve judicial review of that ap20 peal. Nothing in this subsection shall be construed 

21 to authorize motions to reopen or reconsider the re22 moval order not otherwise permitted under statute 

23 or regulation. 

24 (4) EFFECT OF MOTIONS TO REOPEN OR RE25 CONSIDER.—The 60-day period described in paraVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 graphs (1), (2), and (3) shall not be affected or ex2 tended by the filing of a motion to reopen or recon3 sider. 

4 (5) EFFECT OF SERVICE BY MAIL.—If the ad5 ministrative appellate decision described in para6 graphs (1), (2), and (3) is served by mail, the date 

7 of mailing shall be considered the date of service, 

8 and 3 days shall be added to the prescribed period 

9 that the alien has to file the request or notices under 

10 such paragraphs. 

11 (c) JUDICIAL REVIEW.—Section 242 (8 U.S.C. 

12 11252) is amended— 

13 (1) in subsection (b)(2), by striking ‘‘completed 

14 the proceedings’’ and inserting ‘‘or the Secretary of 

15 Homeland Security completed the removal pro16 ceedings’’; 

17 (2) by amending subsection (d)(1) to read as 

18 follows: 

19 ‘‘(1) the alien has exhausted all administrative 

20 remedies available to the alien as of right, except 

21 that the alien need not file an administrative appeal 

22 of an order of an immigration judge if the alien 

23 seeks review solely of a denial or revocation of lawful 

24 prospective immigrant status pursuant to subsection 

25 (i)(3), and’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(i) JUDICIAL REVIEW OF DETERMINATIONS RELAT3 ING TO LAWFUL PROSPECTIVE IMMIGRANT STATUS.— 

4 ‘‘(1) DIRECT REVIEW.—A person whose appli5 cation for classification or adjustment of status 

6 under this section is denied after administrative ap7 pellate review under title V of the Comprehensive 

8 Immigration Reform Act of 2011 may seek review of 

9 such denial, in accordance with chapter 7 of title 5, 

10 United States Code, before the United States dis11 trict court for the district in which the person re12 sides. 

13 ‘‘(2) REVIEW AFTER REMOVAL PRO14 CEEDINGS.—There shall be judicial review in the 

15 Federal courts of appeal of the denial of an applica16 tion for adjustment of status under title V of the 

17 Comprehensive Immigration Reform Act of 2011 in 

18 conjunction with judicial review of an order of re19 moval, deportation, or exclusion, but only if the va20 lidity of the denial has not been upheld in a prior 

21 judicial proceeding under paragraph (1). 

22 ‘‘(3) STANDARD FOR JUDICIAL REVIEW.—Judi23 cial review of a denial of an application under title 

24 V of the Comprehensive Immigration Reform Act of 

25 2011 shall be based upon the administrative record 


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1 established at the time of the review, but the court 

2 may remand the case to the Secretary for consider3 ation of additional evidence where the court finds 

4 that the evidence is material and there were reason5 able grounds for failure to adduce the evidence be6 fore the Secretary. Notwithstanding any other provi7 sion of law, judicial review of all questions arising 

8 from a denial of an application under title V of the 

9 Comprehensive Immigration Reform Act of 2011 

10 shall be governed by the standard of review set forth 

11 in chapter 7 of title 5, United States Code. 

12 ‘‘(4) REMEDIAL POWERS.—Notwithstanding 

13 any other provision of law, the district courts of the 

14 United States shall have jurisdiction over any cause 

15 or claim arising from a pattern or practice of the 

16 Secretary of Homeland Security in the operation or 

17 implementation of title V of the Comprehensive Im18 migration Reform Act of 2011 that is arbitrary, ca19 pricious, or otherwise contrary to law, and may 

20 order any appropriate relief. The district courts may 

21 order any appropriate relief in accordance with the 

22 preceding sentence without regard to exhaustion, 

23 ripeness, or other standing requirements (other than 

24 constitutionally mandated requirements), if the court 

25 determines that resolution of such cause or claim 


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1 will serve judicial and administrative efficiency or 

2 that a remedy would otherwise not be reasonably 

3 available or practicable. 

4 ‘‘(5) STAY OF REMOVAL.—Aliens seeking judi5 cial review under section 113 of the Comprehensive 

6 Immigration Reform Act of 2011 shall not be re7 moved from the United States until a final decision 

8 is rendered establishing ineligibility under this title. 

9 ‘‘(6) NO REVIEW FOR LATE FILINGS.—An alien 

10 may not file an application for lawful prospective im11 migrant status, under title V of the Comprehensive 

12 Immigration Reform Act of 2011 beyond the period 

13 for receipt of such applications established by section 

14 111(e)(1) of such Act. The denial of any application 

15 filed beyond the expiration of the period established 

16 by that subsection shall not be subject to judicial re17 view or remedy, including under paragraph (5). 

18 ‘‘(7) CHALLENGES ON VALIDITY OF THE LAW19 FUL PROSPECTIVE IMMIGRANT SYSTEM.— 

20 ‘‘(A) IN GENERAL.—Any claim that title V 

21 of the Comprehensive Immigration Reform Act 

22 of 2011, or any regulation, guideline, directive, 

23 or procedure issued to implement such title, vio24 lates the Constitution of the United States or is 

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1 sively in an action instituted in any United 

2 States District Court in accordance with the 

3 procedures prescribed under this paragraph. No 

4 claims challenging the validity of the system es5 tablished by title V of the Comprehensive Immi6 gration Reform Act of 2011 may be initiated 

7 after the period for receipt of such applications 

8 established by subsection 111(c)(1) of title VI 

9 of the Comprehensive Immigration Reform Act 

10 of 2011 by or on behalf of an alien who did not 

11 timely file for lawful prospective immigrant sta12 tus. 

13 ‘‘(B) DEADLINES FOR BRINGING AC14 TIONS.—Any action instituted under this para15 graph that asserts a claim that this title or any 

16 regulation, guideline, directive, or procedure 

17 issued by or under the authority of the Sec18 retary to implement this title violates the Con19 stitution or is otherwise unlawful, shall be 

20 filed— 

21 ‘‘(i) not later than 3 years after the 

22 date of the publication or promulgation of 

23 the challenged regulation, policy, or direc24 tive; or 


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1 ‘‘(ii) if the action challenges the valid2 ity of any provision of the Comprehensive 

3 Immigration Reform Act of 2011, not later 

4 than 3 years after the date of the enact5 ment of such Act. 

6 ‘‘(C) Subject to subparagraph (D), nothing 

7 in subparagraph (A) or (B) shall preclude an 

8 applicant for lawful prospective immigrant sta9 tus under title VI of the Comprehensive Immi10 gration Reform Act of 2011 from asserting that 

11 an action taken or decision made by the Sec12 retary with respect to his status under that title 

13 was contrary to law in a proceeding under sec14 tion 113 of title V of the Comprehensive Immi15 gration Reform Act of 2011. 

16 ‘‘(D) CLASS ACTIONS.—Any claim de17 scribed in subparagraph (A) that is brought as 

18 a class action shall be brought in conformity 

19 with the Class Action Fairness Act of 2005 

20 (Public Law 109–2) and the Federal Rules of 

21 Civil Procedure. After the expiration of the pe22 riod for receipt of such applications established 

23 by section 111(c)(1) of title V of the Com24 prehensive Immigration Reform Act of 2011, an 

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1 tive immigrant status may not be a class mem2 ber of or otherwise benefit from a class action 

3 described in subparagraph (A). 

4 ‘‘(E) EXHAUSTION AND STAY OF PRO5 CEEDINGS.—No claim brought under this para6 graph shall require the plaintiff to exhaust ad7 ministrative remedies under section 113 of title 

8 V of the Comprehensive Immigration Reform 

9 Act of 2011, but nothing shall prevent the court 

10 from staying proceedings under this paragraph 

11 to permit the Secretary to evaluate an allega12 tion challenging a policy or practice or to take 

13 corrective action. In issuing such a stay, the 

14 court shall take into account any harm the stay 

15 may cause to the claimant and to the govern16 ment. This subsection conveys no authority to 

17 stay proceedings initiated under any other sec18 tion of the Act. 

19 ‘‘(F) EXPEDITIOUS CONSIDERATION OF

20 CASES.—It shall be the duty of the District 

21 Court, the Court of Appeals, and the United 

22 States Supreme Court to advance on the docket 

23 and to expedite to the greatest possible extent 

24 the disposition of any case considered under 

25 this section.’’. 


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1 SEC. 114. CONFIDENTIALITY OF INFORMATION. 

2 (a) IN GENERAL.—Except as otherwise provided in 

3 this section and in section 117, no Federal agency or bu4 reau, or any officer or employee of such agency or bureau, 

5 may, without the written consent of the applicant— 

6 (1) use the information furnished by the appli7 cant pursuant to an application filed under section 

8 111 or 112, for any purpose, other than to make a 

9 determination on the application, including revoca10 tion of an application previously approved; 

11 (2) make any publication through which the in12 formation furnished by any particular applicant can 

13 be identified; or 

14 (3) permit anyone other than the sworn offi15 cers, employees or contractors of such agency or bu16 reau, to examine individual applications that have 

17 been filed. 

18 (b) REQUIRED DISCLOSURES.— 

19 (1) The Secretary shall provide the information 

20 furnished pursuant to an application filed under sec21 tion 111 or 112, and any other information derived 

22 from such furnished information to— 

23 (A) a Federal, State, tribal, or local law 

24 enforcement agency, intelligence agency, na25 tional security agency, component of the De26 partment of Homeland Security, court, or 


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1 grand jury in connection with a criminal inves2 tigation or prosecution, a background check 

3 conducted pursuant to the Brady Handgun Vio4 lence Protection Act, or for homeland security 

5 or national security purposes, in each instance 

6 about an individual, when such information is 

7 requested by such entity or consistent with an 

8 information sharing agreement or mechanism; 

9 or 

10 (B) an official coroner for purposes of af11 firmatively identifying a deceased individual, 

12 whether or not the death of such individual re13 sulted from a crime. 

14 (2) Nothing in this section may be construed as 

15 prohibiting any entity described in paragraph (1)(A) 

16 from disseminating information provided to such en17 tity under this subsection by the Secretary for any 

18 authorized purpose. 

19 (c) INAPPLICABILITY AFTER DENIAL, REVOCATION, 

20 OR ABANDONMENT.—The limitations under subsection 

21 (a)— 

22 (1) shall apply only until an application filed 

23 under section 111 or 112 is denied and all opportu24 nities for administrative appeal of the denial have 

25 been exhausted; 


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1 (2) shall not apply to the use of the information 

2 furnished pursuant to such application in any re3 moval proceeding or other criminal or civil case or 

4 action, including administrative action, relating to 

5 an alien whose application has been granted that is 

6 based upon any violation of law committed or discov7 ered after such grant; and 

8 (3) shall not apply in a case in which— 

9 (A) the Secretary has revoked the alien’s 

10 status as a lawful prospective immigrant; or 

11 (B) the alien’s lawful prospective immi12 grant status has expired. 

13 (d) FRAUD IN APPLICATION PROCESS OR CRIMINAL

14 CONDUCT.—Notwithstanding any other provision of this 

15 section, information concerning whether the applicant has 

16 engaged in fraud in the application for lawful prospective 

17 immigrant status or for adjustment of status from lawful 

18 prospective immigrant status or at any time committed 

19 a crime may be used or released for immigration enforce20 ment, law enforcement, or national security purposes. 

21 (e) AUDITING AND EVALUATION OF INFORMATION.— 

22 (1) The Secretary may audit and evaluate infor23 mation furnished as part of any application filed 

24 under section 111 or 112 for purposes of identifying 

25 fraud or fraud schemes, and may use any evidence 


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1 of fraud detected by means of audits, evaluations, or 

2 other means for purposes of investigating, pros3 ecuting or referring for prosecution, denying, or ter4 minating immigration benefits. 

5 (2) Nothing in this section may be construed as 

6 limiting the authority of the relevant Offices of In7 spectors General from conducting reviews, audits, 

8 oversight, and administrative, civil or criminal inves9 tigations. 

10 (f) USE OF INFORMATION IN IMMIGRATION MATTERS

11 SUBSEQUENT TO ADJUSTMENT OF STATUS.—If the Sec12 retary has adjusted an alien’s status to that of an alien 

13 lawfully admitted for permanent residence pursuant to 

14 section 112, then at any time thereafter the Secretary may 

15 use the information furnished by the alien in the applica16 tion for adjustment of status or in the applications for 

17 status pursuant to sections 501 in any subsequent immi18 gration matter. 

19 (g) OTHER AUTHORIZED DISCLOSURES.—The Fed20 eral Bureau of Investigation may disclose information de21 rived from biometric and biographic checks of the appli22 cant to assist in the apprehension of a person who is the 

23 subject of a warrant of arrest, or to notify intelligence 

24 agencies of the location of a known or suspected terrorist. 


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1 (h) CIVIL PENALTY.—Whoever willfully uses, pub2 lishes, or permits information to be disclosed in violation 

3 of this section shall be subject to appropriate disciplinary 

4 action and subject to a civil monetary penalty of not more 

5 than $5,000. 

6 (i) CONSTRUCTION.—Nothing in this section shall be 

7 construed to limit the use or release for immigration en8 forcement purposes of information contained in files or 

9 records of the Secretary or Attorney General pertaining 

10 to an application filed under section 111 or 112, other 

11 than information furnished by an applicant pursuant to 

12 the application, or any other information derived from the 

13 application, that is not available from any other source. 

14 (j) INTERAGENCY FRAUD PREVENTION COORDINA15 TION.—The Secretary or the Secretary’s designee shall 

16 convene an interagency committee to address issues relat17 ing to the identification, prevention, investigation, and 

18 prosecution of fraud and related conduct in connection 

19 with this program. 

20 SEC. 115. ALIENS NOT SUBJECT TO DIRECT NUMERICAL 

21 LIMITATIONS. 

22 Section 201(b)(1) (8 U.S.C. 1151(b)(1)), is amended 

23 by adding at the end the following: 


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1 ‘‘(N) Aliens whose status is adjusted from 

2 that of a lawful prospective immigrant under 

3 section 112 of CIR Act of 2010.’’. 

4 SEC. 116. EMPLOYER PROTECTIONS. 

5 (a) USE OF EMPLOYMENT RECORDS.—Copies of em6 ployment records or other evidence of employment pro7 vided by an alien or by an alien’s employer in support of 

8 an alien’s application for lawful prospective immigrant 

9 status under section 601 shall not be used in a prosecution 

10 or investigation (civil or criminal) of that employer under 

11 section 274A of the Immigration and Nationality Act or 

12 the tax laws of the United States for the prior unlawful 

13 employment of that alien, regardless of the adjudication 

14 of such application or reconsideration by the Secretary of 

15 such alien’s prima facie eligibility determination. This sec16 tion does not apply to employment records submitted by 

17 aliens or employers that are deemed to be fraudulent. 

18 (b) APPLICABILITY OF OTHER LAW.—Nothing in 

19 this section may be used to shield an employer from liabil20 ity under section 274B of the Immigration and Nation21 ality Act (8 U.S.C. 1324b) or any other labor or employ22 ment law. 

23 SEC. 117. ASSIGNMENT OF SOCIAL SECURITY NUMBER. 

24 The Commissioner of the Social Security Administra25 tion, in coordination with the Secretary, shall implement 


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1 a system to allow for the assignment of a Social Security 

2 number and issuance of a Social Security card after the 

3 Secretary has granted an alien status as a lawful prospec4 tive immigrant. The Secretary shall provide to the Com5 missioner of Social Security information from the applica6 tion filed under section 111(a) and such other information 

7 as the Commissioner of Social Security deems necessary 

8 to assign a Social Security account number. The Commis9 sioner of Social Security may use such information to as10 sign such Social Security account numbers and to admin11 ister the programs for which the Commissioner of Social 

12 Security has responsibility. The Commissioner of Social 

13 Security may maintain, use, and disclose such information 

14 only as permitted by the Privacy Act and other Federal 

15 law. 

16 PART II—IMPLEMENTATION 

17 SEC. 121. RULEMAKING. 

18 (a) IN GENERAL.—The Secretary and Attorney Gen19 eral separately shall issue interim final regulations not 

20 later than 9 months after the date of the enactment of 

21 this Act to implement this title and the amendments made 

22 by this title. Such interim final regulations shall become 

23 effective immediately upon publication in the Federal Reg24 ister. 


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1 (b) EXEMPTION FROM NATIONAL ENVIRONMENTAL

2 POLICY ACT.—Any decision by the Secretary concerning 

3 any rulemaking action, plan, or program described in this 

4 section shall not be considered to be a major Federal ac5 tion subject to review under the National Environmental 

6 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

7 SEC. 122. EXEMPTION FROM GOVERNMENT CONTRACTING 

8 AND HIRING RULES. 

9 (a) EXEMPTION FROM GOVERNMENT CONTRACTING

10 RULES.— 

11 (1) PROCUREMENT COMPETITION EXEMP12 TION.—Any Federal agency’s determination to use a 

13 procurement competition exemption under section 

14 253(c) of title 41, United States Code, or to use the 

15 authority granted in paragraph (2), for the purpose 

16 of implementing this title is not subject to challenge 

17 by protest to either the Government Accountability 

18 Office, under sections 3551 through 3556 of title 

19 31, United States Code, or to the Court of Federal 

20 Claims, under section 1491 of title 28, United 

21 States Code. An agency shall immediately advise 

22 Congress of the exercise of the authority granted in 

23 this subsection. 

24 (2) WAIVER OF COMPETITION REQUIRE25 MENTS.—The competition requirement of section 


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1 253(a) of title 41, United States Code may be 

2 waived or modified by a Federal agency for any pro3 curement conducted to implement this title pursuant 

4 to a determination and finding, approved by the sen5 ior procurement executive for the agency conducting 

6 the procurement, that explains why the waiver or 

7 modification is necessary if such a determination 

8 and finding is furnished to the Committee on Home9 land Security and Governmental Affairs of the Sen10 ate and the Committee on Oversight and Govern11 ment Reform of the House of Representatives. 

12 (b) EXEMPTION FROM GOVERNMENT HIRING

13 RULES.—Notwithstanding any other provision of law, the 

14 Secretary shall have authority to make term, temporary, 

15 limited, and part-time appointments for purposes of imple16 menting this title without regard to the number of such 

17 employees, their ratio to permanent full-time employees, 

18 and the duration of their employment. Nothing in chapter 

19 71 of title 5, United States Code, shall affect the authority 

20 of any Department management official to hire term, tem21 porary, limited, or part-time employees under this sub22 section. 

23 SEC. 123. AUTHORITY TO ACQUIRE LEASEHOLDS. 

24 Notwithstanding any other provision of law, the Sec25 retary may acquire a leasehold interest in real property, 


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1 and may provide in a lease entered into under this sub2 section for the construction or modification of any facility 

3 on the leased property, if the Secretary determines that 

4 the acquisition of such interest, and such construction or 

5 modification is necessary in order to facilitate the imple6 mentation of this title. 

7 SEC. 124. PRIVACY AND CIVIL LIBERTIES. 

8 (a) PROTECTION OF PRIVACY.—Consistent with sec9 tion 114, the Secretary shall require appropriate adminis10 trative and physical safeguards to protect the security, 

11 confidentiality, and integrity of personally identifiable in12 formation collected, maintained, and disseminated pursu13 ant to sections 111 and 112. 

14 (b) REQUIREMENT FOR IMPACT ASSESSMENTS.— 

15 Notwithstanding privacy requirements under section 222 

16 of the Homeland Security Act and the E-Government Act 

17 of 2002, the Secretary shall conduct a privacy impact as18 sessment and a civil liberties impact assessment of the le19 galization program established in sections 111 and 112 

20 during the pendency of the interim final rule. 

21 SEC. 125. STATUTORY CONSTRUCTION. 

22 Except as specifically provided otherwise, nothing in 

23 this title, or any amendment made by this title, shall be 

24 construed to create any substantive or procedural right or 

25 benefit that is legally enforceable by any party against the 


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1 United States or its agencies or officers or any other per2 son. 

3 PART III—MISCELLANEOUS 

4 SEC. 131. CORRECTION OF SOCIAL SECURITY RECORDS. 

5 (a) IN GENERAL.—Section 208(e)(1) of the Social 

6 Security Act (42 U.S.C. 408(e)(1)) is amended— 

7 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

8 the end; 

9 (2) by inserting after subparagraph (C) the fol10 lowing: 

11 ‘‘(D) who is granted status as a lawful 

12 prospective immigrant pursuant to section 111 

13 of the CIR Act of 2010; or 

14 ‘‘(E) whose status is adjusted to that of 

15 lawful permanent resident under section 112 of 

16 the CIR Act of 2010,’’; and 

17 (3) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

18 in the case of an alien described in subparagraph 

19 (D) or (E), if such conduct is alleged to have oc20 curred before the date on which the alien submitted 

21 an application under section 111 of the CIR Act of 

22 2010 for classification as a lawful prospective immi23 grant.’’. 

24 (b) EFFECTIVE DATE.—The amendments made by 

25 subsection (a) shall take effect on the first day of the tenth 


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1 month that begins after the date of the enactment of this 

2 Act. 

3 SEC. 132. FRAUD PREVENTION PROGRAM. 

4 (a) IN GENERAL.—The head of each Department re5 sponsible for the administration of a program related to 

6 this title or with authority to confer an immigration ben7 efit, relief, or status under Federal immigration law shall 

8 develop an administrative program to prevent fraud within 

9 or upon such program or authority. Subject to such modi10 fications as the head of the Department may direct, the 

11 program shall provide for— 

12 (1) fraud prevention training for the relevant 

13 administrative adjudicators within the Department; 

14 (2) the regular audit of pending and approved 

15 applications for examples and patterns of fraud or 

16 abuse; 

17 (3) the receipt and evaluation of reports of 

18 fraud or abuse; 

19 (4) the identification of deficiencies in adminis20 trative practice or procedure that encourage fraud or 

21 abuse; 

22 (5) the remedy of any identified deficiencies; 

23 and 

24 (6) the referral of cases of identified or sus25 pected fraud or other misconduct for investigation. 


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1 (b) IMPLEMENTATION.—Except as the head of the 

2 Department shall otherwise provide, the implementation 

3 of the administrative program referred to in subsection (a) 

4 shall be assigned to and made part of the component or 

5 agency within the Department that is responsible for con6 ferring the relevant immigration benefit, relief, or status 

7 under Federal immigration law. 

8 (c) COORDINATION.—The heads of relevant Depart9 ments shall coordinate their respective efforts under this 

10 subsection. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as may be 

13 necessary for this section. 

14 SEC. 133. DATA COLLECTION REQUIREMENTS. 

15 (a) IN GENERAL.—The head of each department or 

16 agency of the United States shall ensure that general de17 mographic data provided by applicants under this title 

18 shall be made available in the aggregate in a searchable 

19 public database. 

20 (b) DEMOGRAPHIC DATA.—General demographic 

21 data including gender, country of origin, age, education, 

22 annual earnings, employment, State of residence, marital 

23 status, date of arrival in the United States, method of 

24 entry into the United States, number and ages of children, 


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1 and birthplace of children shall be made available to the 

2 public. 

3 (c) PROTECTION OF CONFIDENTIALITY.—Data col4 lected and gathered in the aggregate for purposes of re5 search shall not be recorded in such a way that it violates 

6 confidentiality provisions under this title. 

7 PART IV—DREAM ACT 

8 SEC. 141. SHORT TITLE. 

9 This part may be cited as the ‘‘Development, Relief, 

10 and Education for Alien Minors Act of 2011’’ or the 

11 ‘‘DREAM Act of 2011’’. 

12 SEC. 142. DEFINITIONS. 

13 In this part: 

14 (1) IN GENERAL.—Except as otherwise specifi15 cally provided, terms used in this part shall have the 

16 meanings given such term in the immigration laws 

17 (as defined in section 101(a)(17) of the Immigration 

18 and Nationality Act (8 U.S.C. 1101(a)(17))). 

19 (2) INSTITUTION OF HIGHER EDUCATION.—The 

20 term ‘‘institution of higher education’’ has the 

21 meaning given such term in section 102 of the High22 er Education Act of 1965 (20 U.S.C. 1002), except 

23 that the term does not include an institution of high24 er education outside the United States. 


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1 (3) SECRETARY.—Except as otherwise specifi2 cally provided, the term ‘‘Secretary’’ means the Sec3 retary of Homeland Security. 

4 (4) UNIFORMED SERVICES.—The term ‘‘Uni5 formed Services’’ has the meaning given the term 

6 ‘‘uniformed services’’ in section 101(a) of title 10, 

7 United States Code. 

8 SEC. 143. CONDITIONAL PERMANENT RESIDENT STATUS 

9 FOR CERTAIN LONG-TERM RESIDENTS WHO 

10 ENTERED THE UNITED STATES AS CHILDREN. 

11 (a) CONDITIONAL BASIS FOR STATUS.—Notwith12 standing any other provision of law, an alien shall be con13 sidered, at the time of obtaining the status of an alien 

14 lawfully admitted for permanent residence under this sec15 tion, to have obtained such status on a conditional basis 

16 subject to the provisions of this part. 

17 (b) REQUIREMENTS.— 

18 (1) IN GENERAL.—Notwithstanding any other 

19 provision of law, the Secretary may cancel removal 

20 of, and adjust to the status of an alien lawfully ad21 mitted for permanent residence on a conditional 

22 basis, an alien who is inadmissible or deportable 

23 from the United States or is in temporary protected 

24 status under section 244 of the Immigration and 


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1 Nationality Act (8 U.S.C. 1254a), if the alien dem2 onstrates by a preponderance of the evidence that— 

3 (A) the alien has been continuously phys4 ically present in the United States since the 

5 date that is 5 years before the date of the en6 actment of this Act; 

7 (B) the alien was 15 years of age or 

8 younger on the date the alien initially entered 

9 the United States; 

10 (C) the alien has been a person of good 

11 moral character since the date the alien initially 

12 entered the United States; 

13 (D) subject to paragraph (2), the alien— 

14 (i) is not inadmissible under para15 graph (2), (3), (6)(E), (6)(G), (8), 

16 (10)(A), (10)(C), or (10)(D) of section 

17 212(a) of the Immigration and Nationality 

18 Act (8 U.S.C. 1182(a)); 

19 (ii) has not ordered, incited, assisted, 

20 or otherwise participated in the persecution 

21 of any person on account of race, religion, 

22 nationality, membership in a particular so23 cial group, or political opinion; and 

24 (iii) has not been convicted of— 


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1 (I) any offense under Federal or 

2 State law punishable by a maximum 

3 term of imprisonment of more than 1 

4 year; or 

5 (II) 3 or more offenses under 

6 Federal or State law, for which the 

7 alien was convicted on different dates 

8 for each of the 3 offenses and impris9 oned for an aggregate of 90 days or 

10 more; 

11 (E) the alien— 

12 (i) has been admitted to an institution 

13 of higher education in the United States; 

14 or 

15 (ii) has earned a high school diploma 

16 or obtained a general education develop17 ment certificate in the United States; and 

18 (F) the alien was 35 years of age or 

19 younger on the date of the enactment of this 

20 Act. 

21 (2) WAIVER.—With respect to any benefit 

22 under this part, the Secretary may waive the 

23 grounds of inadmissibility under paragraph (6)(E), 

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1 manitarian purposes or family unity or when it is 

2 otherwise in the public interest. 

3 (3) SUBMISSION OF BIOMETRIC AND BIO4 GRAPHIC DATA.—The Secretary may not grant per5 manent resident status on a conditional basis to an 

6 alien under this section unless the alien submits bio7 metric and biographic data, in accordance with pro8 cedures established by the Secretary. The Secretary 

9 shall provide an alternative procedure for applicants 

10 who are unable to provide such biometric or bio11 graphic data because of a physical impairment. 

12 (4) BACKGROUND CHECKS.— 

13 (A) REQUIREMENT FOR BACKGROUND

14 CHECKS.—The Secretary shall utilize biometric, 

15 biographic, and other data that the Secretary 

16 determines is appropriate— 

17 (i) to conduct security and law en18 forcement background checks of an alien 

19 seeking permanent resident status on a 

20 conditional basis under this section; and 

21 (ii) to determine whether there is any 

22 criminal, national security, or other factor 

23 that would render the alien ineligible for 

24 such status. 


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1 (B) COMPLETION OF BACKGROUND

2 CHECKS.—The security and law enforcement 

3 background checks required by subparagraph 

4 (A) for an alien shall be completed, to the satis5 faction of the Secretary, prior to the date the 

6 Secretary grants permanent resident status on 

7 a conditional basis to the alien. 

8 (5) MEDICAL EXAMINATION.—An alien applying 

9 for permanent resident status on a conditional basis 

10 under this section shall undergo a medical examina11 tion. The Secretary, with the concurrence of the Sec12 retary of Health and Human Services, shall pre13 scribe policies and procedures for the nature and 

14 timing of such examination. 

15 (6) MILITARY SELECTIVE SERVICE.—An alien 

16 applying for permanent resident status on a condi17 tional basis under this section shall establish that 

18 the alien has registered under the Military Selective 

19 Service Act (50 U.S.C. App. 451 et seq.), if the 

20 alien is subject to such registration under that Act. 

21 (c) DETERMINATION OF CONTINUOUS PRESENCE.— 

22 (1) TERMINATION OF CONTINUOUS PERIOD.— 

23 Any period of continuous physical presence in the 

24 United States of an alien who applies for permanent 

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1 tion shall not terminate when the alien is served a 

2 notice to appear under section 239(a) of the Immi3 gration and Nationality Act (8 U.S.C. 1229(a)). 

4 (2) TREATMENT OF CERTAIN BREAKS IN PRES5 ENCE.— 

6 (A) IN GENERAL.—An alien shall be con7 sidered to have failed to maintain continuous 

8 physical presence in the United States under 

9 subsection (b)(1)(A) if the alien has departed 

10 from the United States for any period in excess 

11 of 90 days or for any periods in the aggregate 

12 exceeding 180 days. 

13 (B) EXTENSIONS FOR EXTENUATING CIR14 CUMSTANCES.—The Secretary may extend the 

15 time periods described in subparagraph (A) for 

16 an alien if the alien demonstrates that the fail17 ure to timely return to the United States was 

18 due to extenuating circumstances beyond the 

19 alien’s control. 

20 (d) APPLICATION.— 

21 (1) IN GENERAL.—An alien seeking lawful per22 manent resident status on a conditional basis shall 

23 file an application for such status in such manner as 

24 the Secretary may require. 


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1 (2) DEADLINE FOR SUBMISSION OF APPLICA2 TION.—An alien shall submit an application for re3 lief under this section not later than the date that 

4 is 1 year after the later of— 

5 (A) the date the alien earned a high school 

6 diploma or obtained a general education devel7 opment certificate in the United States; or 

8 (B) the effective date of the final regula9 tions issued pursuant to section 536. 

10 (e) LIMITATION ON REMOVAL OF CERTAIN

11 ALIENS.— 

12 (1) IN GENERAL.—The Secretary or the Attor13 ney General may not remove an alien who— 

14 (A) has a pending application for relief 

15 under this section; and 

16 (B) establishes prima facie eligibility for 

17 relief under this section. 

18 (2) CERTAIN ALIENS ENROLLED IN PRIMARY

19 OR SECONDARY SCHOOL.— 

20 (A) STAY OF REMOVAL.—The Attorney 

21 General shall stay the removal proceedings of 

22 an alien who— 

23 (i) meets all the requirements of sub24 paragraphs (A), (B), (C), (D), and (F) of 

25 subsection (b)(1); 


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1 (ii) is at least 5 years of age; and 

2 (iii) is enrolled full-time in a primary 

3 or secondary school. 

4 (B) ALIENS NOT IN REMOVAL PRO5 CEEDINGS.—If an alien is not in removal pro6 ceedings, the Secretary shall not commence 

7 such proceedings with respect to the alien if the 

8 alien is described in clauses (i) through (iii) of 

9 subparagraph (A). 

10 (C) EMPLOYMENT.—An alien whose re11 moval is stayed pursuant to subparagraph (A) 

12 or who may not be placed in removal pro13 ceedings pursuant to subparagraph (B) shall, 

14 upon application to the Secretary, be granted 

15 an employment authorization document. 

16 (D) LIFT OF STAY.—The Secretary or At17 torney General may lift the stay granted to an 

18 alien under subparagraph (A) if the alien— 

19 (i) is no longer enrolled in a primary 

20 or secondary school; or 

21 (ii) ceases to meet the requirements of 

22 such paragraph. 

23 (f) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

24 Nothing in this section or in any other law may be con25 strued to apply a numerical limitation on the number of 


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1 aliens who may be eligible for adjustment of status under 

2 this part. 

3 SEC. 144. TERMS OF CONDITIONAL PERMANENT RESIDENT 

4 STATUS. 

5 (a) PERIOD OF STATUS.—Permanent resident status 

6 on a conditional basis granted under this part is— 

7 (1) valid for a period of 6 years, unless such pe8 riod is extended by the Secretary; and 

9 (2) subject to termination under subsection (c). 

10 (b) NOTICE OF REQUIREMENTS.— 

11 (1) AT TIME OF OBTAINING STATUS.—At the 

12 time an alien obtains permanent resident status on 

13 a conditional basis under this part, the Secretary 

14 shall provide for notice to the alien regarding the 

15 provisions of this part and the requirements to have 

16 the conditional basis of such status removed. 

17 (2) EFFECT OF FAILURE TO PROVIDE NO18 TICE.—The failure of the Secretary to provide a no19 tice under this subsection— 

20 (A) shall not affect the enforcement of the 

21 provisions of this part with respect to the alien; 

22 and 

23 (B) shall not give rise to any private right 

24 of action by the alien. 

25 (c) TERMINATION OF STATUS.— 


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1 (1) IN GENERAL.—The Secretary shall termi2 nate the conditional permanent resident status of an 

3 alien, if the Secretary determines that the alien— 

4 (A) ceases to meet the requirements of 

5 subparagraph (C) or (D) of section 533(b)(1); 

6 or 

7 (B) was discharged from the Uniformed 

8 Services and did not receive an honorable dis9 charge. 

10 (d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), an alien whose permanent resident status 

13 on a conditional basis expires under subsection 

14 (a)(1) or is terminated under subsection (c) or 

15 whose application for such status is denied shall re16 turn to the immigration status the alien had imme17 diately prior to receiving permanent resident status 

18 on a conditional basis or applying for such status, 

19 as appropriate. 

20 (2) SPECIAL RULE FOR TEMPORARY PRO21 TECTED STATUS.—In the case of an alien whose per22 manent resident status on a conditional basis expires 

23 under subsection (a)(1) or is terminated under sub24 section (c) or whose application for such status is 

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1 mediately prior to receiving or applying for such sta2 tus, as appropriate, the alien may not return to tem3 porary protected status if— 

4 (A) the relevant designation under section 

5 244(b) of the Immigration and Nationality Act 

6 (8 U.S.C. 1254a(b)) has been terminated; or 

7 (B) the Secretary determines that the rea8 son for terminating the permanent resident sta9 tus on a conditional basis renders the alien in10 eligible for temporary protected status. 

11 (e) INFORMATION SYSTEMS.—The Secretary shall 

12 use the information systems of the Department of Home13 land Security to maintain current information on the iden14 tity, address, and immigration status of aliens granted 

15 permanent resident status on a conditional basis under 

16 this part. 

17 SEC. 145. REMOVAL OF CONDITIONAL BASIS OF PERMA18 NENT RESIDENT STATUS. 

19 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

20 BASIS.— 

21 (1) IN GENERAL.—Subject to paragraph (2), 

22 the Secretary may remove the conditional basis of an 

23 alien’s permanent resident status granted under this 

24 part if the alien demonstrates by a preponderance of 

25 the evidence that— 


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1 (A) the alien has been a person of good 

2 moral character during the entire period of con3 ditional permanent resident status; 

4 (B) the alien is described in section 

5 533(b)(1)(D); 

6 (C) the alien has not abandoned the alien’s 

7 residence in the United States; 

8 (D) the alien— 

9 (i) has acquired a degree from an in10 stitution of higher education in the United 

11 States or has completed at least 2 years, in 

12 good standing, in a program for a bach13 elor’s degree or higher degree in the 

14 United States; or 

15 (ii) has served in the Uniformed Serv16 ices for at least 2 years and, if discharged, 

17 received an honorable discharge; and 

18 (E) the alien has provided a list of each 

19 secondary school (as that term is defined in sec20 tion 9101 of the Elementary and Secondary 

21 Education Act of 1965 (20 U.S.C. 7801)) that 

22 the alien attended in the United States. 

23 (2) HARDSHIP EXCEPTION.— 

24 (A) IN GENERAL.—The Secretary may, in 

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1 tional basis of an alien’s permanent resident 

2 status if the alien— 

3 (i) satisfies the requirements of sub4 paragraphs (A), (B), (C), and (E) of para5 graph (1); 

6 (ii) demonstrates compelling cir7 cumstances for the inability to satisfy the 

8 requirements of subparagraph (D) of such 

9 paragraph; and 

10 (iii) demonstrates that the alien’s re11 moval from the United States would result 

12 in extreme hardship to the alien or the 

13 alien’s spouse, parent, or child who is a cit14 izen or a lawful permanent resident of the 

15 United States. 

16 (B) EXTENSION.—Upon a showing of good 

17 cause, the Secretary may extend the period of 

18 permanent resident status on a conditional 

19 basis for an alien so that the alien may com20 plete the requirements of subparagraph (D) of 

21 paragraph (1). 

22 (3) TREATMENT OF ABANDONMENT OR RESI23 DENCE.—For purposes of paragraph (1)(C), an 

24 alien— 


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1 (A) shall be presumed to have abandoned 

2 the alien’s residence in the United States if the 

3 alien is absent from the United States for more 

4 than 365 days, in the aggregate, during the 

5 alien’s period of conditional permanent resident 

6 status, unless the alien demonstrates to the sat7 isfaction of the Secretary that the alien has not 

8 abandoned such residence; and 

9 (B) who is absent from the United States 

10 due to active service in the Uniformed Services 

11 has not abandoned the alien’s residence in the 

12 United States during the period of such service. 

13 (4) CITIZENSHIP REQUIREMENT.— 

14 (A) IN GENERAL.—Except as provided in 

15 subparagraph (B), the conditional basis of an 

16 alien’s permanent resident status may not be 

17 removed unless the alien demonstrates that the 

18 alien satisfies the requirements of section 

19 312(a) of the Immigration and Nationality Act 

20 (8 U.S.C. 1423(a)). 

21 (B) EXCEPTION.—Subparagraph (A) shall 

22 not apply to an alien who is unable because of 

23 a physical or developmental disability or mental 

24 impairment to meet the requirements of such 

25 subparagraph. 


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1 (5) SUBMISSION OF BIOMETRIC AND BIO2 GRAPHIC DATA.—The Secretary may not remove the 

3 conditional basis of an alien’s permanent resident 

4 status unless the alien submits biometric and bio5 graphic data, in accordance with procedures estab6 lished by the Secretary. The Secretary shall provide 

7 an alternative procedure for applicants who are un8 able to provide such biometric data because of a 

9 physical impairment. 

10 (6) BACKGROUND CHECKS.— 

11 (A) REQUIREMENT FOR BACKGROUND

12 CHECKS.—The Secretary shall utilize biometric, 

13 biographic, and other data that the Secretary 

14 determines appropriate— 

15 (i) to conduct security and law en16 forcement background checks of an alien 

17 applying for removal of the conditional 

18 basis of the alien’s permanent resident sta19 tus; and 

20 (ii) to determine whether there is any 

21 criminal, national security, or other factor 

22 that would render the alien ineligible for 

23 removal of such conditional basis. 

24 (B) COMPLETION OF BACKGROUND

25 CHECKS.—The security and law enforcement 


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1 background checks required by subparagraph 

2 (A) for an alien shall be completed, to the satis3 faction of the Secretary, prior to the date the 

4 Secretary removes the conditional basis of the 

5 alien’s permanent resident status. 

6 (b) APPLICATION TO REMOVE CONDITIONAL

7 BASIS.— 

8 (1) IN GENERAL.—An alien seeking to have the 

9 conditional basis of the alien’s lawful permanent 

10 resident status removed shall file an application for 

11 such removal in such manner as the Secretary may 

12 require. 

13 (2) DEADLINE FOR SUBMISSION OF APPLICA14 TION.— 

15 (A) IN GENERAL.—An alien shall file an 

16 application under this subsection during the pe17 riod beginning 6 months prior to and ending on 

18 the date that is later of— 

19 (i) 6 years after the date the alien 

20 was initially granted conditional permanent 

21 resident status; or 

22 (ii) any other expiration date of the 

23 alien’s conditional permanent resident sta24 tus, as extended by the Secretary in ac25 cordance with this part. 


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1 (B) STATUS DURING PENDENCY.—An 

2 alien shall be deemed to have permanent resi3 dent status on a conditional basis during the 

4 period that the alien’s application submitted 

5 under this subsection is pending. 

6 (3) ADJUDICATION OF APPLICATION.— 

7 (A) IN GENERAL.—The Secretary shall 

8 make a determination on each application filed 

9 by an alien under this subsection as to whether 

10 the alien meets the requirements for removal of 

11 the conditional basis of the alien’s permanent 

12 resident status. 

13 (B) ADJUSTMENT OF STATUS IF FAVOR14 ABLE DETERMINATION.—If the Secretary deter15 mines that the alien meets such requirements, 

16 the Secretary shall notify the alien of such de17 termination and remove the conditional basis of 

18 the alien’s permanent resident status, effective 

19 as of the date of such determination. 

20 (C) TERMINATION IF ADVERSE DETER21 MINATION.—If the Secretary determines that 

22 the alien does not meet such requirements, the 

23 Secretary shall notify the alien of such deter24 mination and, if the period of the alien’s condi25 tional permanent resident status under section 


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1 534(a)(1) has ended, terminate the conditional 

2 permanent resident status granted the alien 

3 under this part as of the date of such deter4 mination. 

5 (c) TREATMENT FOR PURPOSES OF NATURALIZA6 TION.— 

7 (1) IN GENERAL.—For purposes of title III of 

8 the Immigration and Nationality Act (8 U.S.C. 1401 

9 et seq.), an alien granted permanent resident status 

10 on a conditional basis under this part shall be con11 sidered to have been admitted as an alien lawfully 

12 admitted for permanent residence and to be in the 

13 United States as an alien lawfully admitted to the 

14 United States for permanent residence. 

15 (2) LIMITATION ON APPLICATION FOR NATU16 RALIZATION.—An alien may not apply for natu17 ralization during the period that the alien is in per18 manent resident status on a conditional basis under 

19 this part. 

20 SEC. 146. REGULATIONS. 

21 (a) INITIAL PUBLICATION.—Not later than 180 days 

22 after the date of the enactment of this Act, the Secretary 

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1 tively for the relief available under section 533 without 

2 being placed in removal proceedings. 

3 (b) INTERIM REGULATIONS.—Notwithstanding sec4 tion 553 of title 5, United States Code, the regulations 

5 required by subsection (a) shall be effective, on an interim 

6 basis, immediately upon publication but may be subject 

7 to change and revision after public notice and opportunity 

8 for a period of public comment. 

9 (c) FINAL REGULATIONS.—Within a reasonable time 

10 after publication of the interim regulations in accordance 

11 with subsection (b), the Secretary shall publish final regu12 lations implementing this part. 

13 (d) PAPERWORK REDUCTION ACT.—The require14 ments of chapter 35 of title 44, United States Code (com15 monly known as the ‘‘Paperwork Reduction Act’’) shall 

16 not apply to any action to implement this part. 

17 SEC. 147. PENALTIES FOR FALSE STATEMENTS. 

18 Whoever files an application for any relief or benefit 

19 under this part and willfully and knowingly falsifies, mis20 represents, or conceals a material fact or makes any false 

21 or fraudulent statement or representation, or makes or 

22 uses any false writing or document knowing the same to 

23 contain any false or fraudulent statement or entry, shall 

24 be fined in accordance with title 18, United States Code, 

25 imprisoned not more than 5 years, or both. 


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1 SEC. 148. CONFIDENTIALITY OF INFORMATION. 

2 (a) PROHIBITION.—Except as provided in subsection 

3 (b), no officer or employee of the United States may— 

4 (1) use the information furnished by an indi5 vidual pursuant to an application filed under this 

6 part in removal proceedings against any person iden7 tified in the application; 

8 (2) make any publication whereby the informa9 tion furnished by any particular individual pursuant 

10 to an application under this part can be identified; 

11 or 

12 (3) permit anyone other than an officer, em13 ployee or authorized contractor of the United States 

14 Government or, in the case of an application filed 

15 under this part with a designated entity, permit that 

16 designated entity, to examine such application filed 

17 under such sections. 

18 (b) REQUIRED DISCLOSURE.—The Attorney General 

19 or the Secretary shall provide the information furnished 

20 under this part, and any other information derived from 

21 such furnished information, to— 

22 (1) a Federal, State, tribal, or local law enforce23 ment agency, intelligence agency, national security 

24 agency, component of the Department of Homeland 

25 Security, court, or grand jury in connection with a 

26 criminal investigation or prosecution, a background 


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1 check conducted pursuant to section 103 of the 

2 Brady Handgun Violence Protection Act (Public 

3 Law 103–159; 18 U.S.C. 922 note), or national se4 curity purposes, if such information is requested by 

5 such entity or consistent with an information shar6 ing agreement or mechanism; or 

7 (2) an official coroner for purposes of affirma8 tively identifying a deceased individual (whether or 

9 not such individual is deceased as a result of a 

10 crime). 

11 (c) FRAUD IN APPLICATION PROCESS OR CRIMINAL

12 CONDUCT.—Notwithstanding any other provision of this 

13 section, information concerning whether an alien seeking 

14 relief under this part has engaged in fraud in an applica15 tion for such relief or at any time committed a crime, may 

16 be used or released for immigration enforcement, law en17 forcement, or national security purposes. 

18 (d) PENALTY.—Whoever knowingly uses, publishes, 

19 or permits information to be examined in violation of this 

20 section shall be fined not more than $10,000. 

21 SEC. 149. HIGHER EDUCATION ASSISTANCE. 

22 (a) IN GENERAL.—Notwithstanding any provision of 

23 the Higher Education Act of 1965 (20 U.S.C. 1001 et 

24 seq.), with respect to assistance provided under title IV 

25 of the Higher Education Act of 1965 (20 U.S.C. 1070 


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1 et seq.), an alien who has permanent resident status on 

2 a conditional basis under this part shall be eligible only 

3 for the following assistance under such title: 

4 (1) Student loans under parts D and E of such 

5 title IV (20 U.S.C. 1087a et seq. and 1087aa et 

6 seq.), subject to the requirements of such parts. 

7 (2) Federal work-study programs under part C 

8 of such title IV (42 U.S.C. 2751 et seq.), subject to 

9 the requirements of such part. 

10 (3) Services under such title IV (20 U.S.C. 

11 1070 et seq.), subject to the requirements for such 

12 services. 

13 (b) RESTORATION OF STATE OPTION TO DETER14 MINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION

15 BENEFITS.— 

16 (1) IN GENERAL.—section 115 of the Illegal 

17 Immigration Reform and Immigrant Responsibility 

18 Act of 1996 (8 U.S.C. 1623) is repealed. 

19 (2) EFFECTIVE DATE.—The repeal under para20 graph (1) shall take effect as if included in the en21 actment of the Illegal Immigration Reform and Im22 migrant Responsibility Act of 1996 (division C of 

23 Public Law 104–208; 110 Stat. 3009–546). 


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1 PART V—AGRICULTURAL JOB OPPORTUNITIES, 

2 BENEFITS, AND SECURITY 

3 SEC. 150. SHORT TITLES. 

4 This part may be cited as the ‘‘Agricultural Job Op5 portunities, Benefits, and Security Act of 2011’’ or the 

6 ‘‘AgJOBS Act of 2011’’. 

7 CHAPTER 1—BLUE CARD STATUS 

8 SEC. 151. REQUIREMENTS FOR BLUE CARD STATUS. 

9 (a) REQUIREMENT TO GRANT BLUE CARD STA10 TUS.—Notwithstanding any other provision of law, the 

11 Secretary shall, pursuant to the requirements of this sec12 tion, grant blue card status to an alien who qualifies under 

13 this section if the Secretary determines that the alien— 

14 (1) has performed agricultural employment in 

15 the United States for at least 863 hours or 150 

16 work days during the 24-month period ending on 

17 December 31, 2010; 

18 (2) applied for such status during the 18-month 

19 application period beginning on the first day of the 

20 seventh month that begins after the date of the en21 actment of this Act; 

22 (3) is otherwise admissible to the United States 

23 under section 212 of the Immigration and Nation24 ality Act (8 U.S.C. 1182), except as otherwise pro25 vided under section 154(a)(2) of this Act; and 


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1 (4) has not been convicted of any felony or a 

2 misdemeanor, an element of which involves bodily in3 jury, threat of serious bodily injury, or harm to 

4 property in excess of $500. 

5 (b) AUTHORIZED TRAVEL.—An alien who is granted 

6 blue card status is authorized to travel outside the United 

7 States (including commuting to the United States from 

8 a residence in a foreign country) in the same manner as 

9 an alien lawfully admitted for permanent residence. 

10 (c) AUTHORIZED EMPLOYMENT.—The Secretary 

11 shall provide an alien who is granted blue card status an 

12 employment authorized endorsement or other appropriate 

13 work permit, in the same manner as an alien lawfully ad14 mitted for permanent residence. 

15 (d) TERMINATION OF BLUE CARD STATUS.— 

16 (1) DEPORTABLE ALIENS.—The Secretary shall 

17 terminate blue card status granted to an alien if the 

18 Secretary determines that the alien is deportable. 

19 (2) OTHER GROUNDS FOR TERMINATION.—The 

20 Secretary shall terminate blue card status granted to 

21 an alien if— 

22 (A) the Secretary finds, by a preponder23 ance of the evidence, that the adjustment to 

24 blue card status was the result of fraud or will25 ful misrepresentation, as described in section 


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1 212(a)(6)(C)(i) of the Immigration and Nation2 ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or 

3 (B) the alien— 

4 (i) commits an act that makes the 

5 alien inadmissible to the United States 

6 under section 212 of the Immigration and 

7 Nationality Act (8 U.S.C. 1182), except as 

8 provided under section 154(a)(2) of this 

9 Act; 

10 (ii) is convicted of a felony or 3 or 

11 more misdemeanors committed in the 

12 United States; 

13 (iii) is convicted of an offense, an ele14 ment of which involves bodily injury, threat 

15 of serious bodily injury, or harm to prop16 erty in excess of $500; or 

17 (iv) fails to perform the agricultural 

18 employment required under paragraph 

19 (1)(A) of section 153(a) unless the alien 

20 was unable to work in agricultural employ21 ment due to the extraordinary cir22 cumstances described in paragraph (3) of 

23 such section. 

24 (e) RECORD OF EMPLOYMENT.— 


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1 (1) IN GENERAL.—Each employer of an alien 

2 granted blue card status shall annually— 

3 (A) provide a written record of employ4 ment to the alien; and 

5 (B) provide a copy of such record to the 

6 Secretary. 

7 (2) CIVIL PENALTIES.— 

8 (A) IN GENERAL.—If the Secretary deter9 mines, after notice and opportunity for a hear10 ing, that an employer of an alien granted blue 

11 card status has failed to provide the record of 

12 employment required under paragraph (1) or 

13 has provided a false statement of material fact 

14 in such a record, the employer shall be subject 

15 to a civil penalty in an amount not to exceed 

16 $1,000 per violation. 

17 (B) LIMITATION.—The penalty applicable 

18 under subparagraph (A) for failure to provide 

19 records shall not apply unless the alien has pro20 vided the employer with evidence of employment 

21 authorization granted under this section. 

22 (3) SUNSET.—The obligation under paragraph 

23 (1) shall terminate on the date that is 6 years after 

24 the date of the enactment of this Act. 


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1 (f) REQUIRED FEATURES OF IDENTITY CARD.—The 

2 Secretary shall provide each alien granted blue card sta3 tus, and the spouse and any child of each such alien resid4 ing in the United States, with a card that contains— 

5 (1) an encrypted, machine-readable, electronic 

6 identification strip that is unique to the alien to 

7 whom the card is issued; 

8 (2) biometric identifiers, including fingerprints 

9 and a digital photograph; and 

10 (3) physical security features designed to pre11 vent tampering, counterfeiting, or duplication of the 

12 card for fraudulent purposes. 

13 (g) FINE.—An alien granted blue card status shall 

14 pay a $100 fine to the Secretary. 

15 (h) MAXIMUM NUMBER.—The Secretary may not 

16 issue more than 1,350,000 blue cards during the 5-year 

17 period beginning on the date of the enactment of this Act. 

18 (i) TREATMENT OF ALIENS GRANTED BLUE CARD

19 STATUS.— 

20 (1) IN GENERAL.—Except as otherwise pro21 vided under this section, an alien granted blue card 

22 status (including a spouse or child of the alien 

23 granted derivative status) shall be considered to be 

24 an alien lawfully admitted for permanent residence 

25 for purposes of any law other than any provision of 


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1 the Immigration and Nationality Act (8 U.S.C. 1101 

2 et seq.). 

3 (2) DELAYED ELIGIBILITY FOR CERTAIN FED4 ERAL PUBLIC BENEFITS.—Except as otherwise pro5 vided in law, an alien granted blue card status (in6 cluding a spouse or child of the alien granted deriva7 tive status) shall not be eligible, by reason of such 

8 status, for any form of assistance or benefit de9 scribed in section 403(a) of the Personal Responsi10 bility and Work Opportunity Reconciliation Act of 

11 1996 (8 U.S.C. 1613(a)) until 5 years after the date 

12 on which the alien is granted an adjustment of sta13 tus under section 153. 

14 SEC. 152. APPLICATION FOR BLUE CARD STATUS. 

15 (a) SUBMISSION.—The Secretary shall provide that— 

16 (1) applications for blue card status may be 

17 submitted— 

18 (A) to the Secretary if the applicant is rep19 resented by an attorney or a nonprofit religious, 

20 charitable, social service, or similar organization 

21 recognized by the Board of Immigration Ap22 peals under section 292.2 of title 8, Code of 

23 Federal Regulations; or 


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1 (B) to a qualified designated entity if the 

2 applicant consents to the forwarding of the ap3 plication to the Secretary; and 

4 (2) applications for adjustment of status under 

5 section 153 shall be filed directly with the Secretary. 

6 (b) QUALIFIED DESIGNATED ENTITY DEFINED.—In 

7 this section, the term ‘‘qualified designated entity’’ 

8 means— 

9 (1) a qualified farm labor organization or an 

10 association of employers designated by the Sec11 retary; or 

12 (2) any such other person designated by the 

13 Secretary if that Secretary determines such person 

14 is qualified and has substantial experience, dem15 onstrated competence, and has a history of long16 term involvement in the preparation and submission 

17 of applications for adjustment of status under sec18 tion 209, 210, or 245 of the Immigration and Na19 tionality Act (8 U.S.C. 1159, 1160, and 1255), the 

20 Act entitled ‘‘An Act to adjust the status of Cuban 

21 refugees to that of lawful permanent residents of the 

22 United States, and for other purposes’’, approved 

23 November 2, 1966 (Public Law 89–732; 8 U.S.C. 

24 1255 note), Public Law 95–145 (8 U.S.C. 1255 

25 note), or the Immigration Reform and Control Act 


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1 of 1986 (Public Law 99–603; 100 Stat. 3359) or 

2 any amendment made by that Act. 

3 (c) PROOF OF ELIGIBILITY.— 

4 (1) IN GENERAL.—An alien may establish that 

5 the alien meets the requirements under section 

6 151(a)(1) or 153(a)(1) through government employ7 ment records or records supplied by employers or 

8 collective bargaining organizations, and other reli9 able documentation as the alien may provide. The 

10 Secretary shall establish special procedures to prop11 erly credit work in cases in which an alien was em12 ployed under an assumed name. 

13 (2) DOCUMENTATION OF WORK HISTORY.— 

14 (A) BURDEN OF PROOF.—An alien apply15 ing for status under section 151(a) or 153(a) 

16 has the burden of proving by a preponderance 

17 of the evidence that the alien has worked the 

18 requisite number of hours or days required 

19 under section 151(a)(1) or 153(a)(1), as appli20 cable. 

21 (B) TIMELY PRODUCTION OF RECORDS.— 

22 If an employer or farm labor contractor employ23 ing such an alien has kept proper and adequate 

24 records respecting such employment, the alien’s 

25 burden of proof under subparagraph (A) may 


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1 be met by securing timely production of those 

2 records under regulations to be promulgated by 

3 the Secretary. 

4 (C) SUFFICIENT EVIDENCE.—An alien 

5 may meet the burden of proof under subpara6 graph (A) to establish that the alien has per7 formed the days or hours of work required by 

8 section 151(a)(1) or 153(a)(1) by producing 

9 sufficient evidence to show the extent of that 

10 employment as a matter of just and reasonable 

11 inference. 

12 (d) APPLICATIONS SUBMITTED TO QUALIFIED DES13 IGNATED ENTITIES.— 

14 (1) REQUIREMENTS.—Each qualified des15 ignated entity shall agree— 

16 (A) to forward to the Secretary an applica17 tion submitted to that entity pursuant to sub18 section (a)(1)(B) if the applicant has consented 

19 to such forwarding; 

20 (B) not to forward to the Secretary any 

21 such application if the applicant has not con22 sented to such forwarding; and 

23 (C) to assist an alien in obtaining docu24 mentation of the alien’s work history, if the 

25 alien requests such assistance. 


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1 (2) NO AUTHORITY TO MAKE DETERMINA2 TIONS.—No qualified designated entity may make a 

3 determination required by this part to be made by 

4 the Secretary. 

5 (e) LIMITATION ON ACCESS TO INFORMATION.—Files 

6 and records collected or compiled by a qualified designated 

7 entity for the purposes of this section are confidential and 

8 the Secretary shall not have access to such a file or record 

9 relating to an alien without the consent of the alien, except 

10 as allowed by a court order issued pursuant to subsection 

11 (f). 

12 (f) CONFIDENTIALITY OF INFORMATION.— 

13 (1) IN GENERAL.—Except as otherwise pro14 vided in this section, the Secretary or any other offi15 cial or employee of the Department or a bureau or 

16 agency of the Department is prohibited from— 

17 (A) using information furnished by the ap18 plicant pursuant to an application filed under 

19 this title, the information provided by an appli20 cant to a qualified designated entity, or any in21 formation provided by an employer or former 

22 employer for any purpose other than to make a 

23 determination on the application or for impos24 ing the penalties described in subsection (g); 


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1 (B) making any publication in which the 

2 information furnished by any particular indi3 vidual can be identified; or 

4 (C) permitting a person other than a 

5 sworn officer or employee of the Department or 

6 a bureau or agency of the Department or, with 

7 respect to applications filed with a qualified 

8 designated entity, that qualified designated en9 tity, to examine individual applications. 

10 (2) REQUIRED DISCLOSURES.—The Secretary 

11 shall provide the information furnished under this 

12 title or any other information derived from such fur13 nished information to— 

14 (A) a duly recognized law enforcement en15 tity in connection with a criminal investigation 

16 or prosecution, if such information is requested 

17 in writing by such entity; or 

18 (B) an official coroner, for purposes of af19 firmatively identifying a deceased individual, 

20 whether or not the death of such individual re21 sulted from a crime. 

22 (3) CONSTRUCTION.— 

23 (A) IN GENERAL.—Nothing in this sub24 section may be construed to limit the use, or re25 lease, for immigration enforcement purposes or 


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1 law enforcement purposes, of information con2 tained in files or records of the Department 

3 pertaining to an application filed under this sec4 tion, other than information furnished by an 

5 applicant pursuant to the application, or any 

6 other information derived from the application, 

7 that is not available from any other source. 

8 (B) CRIMINAL CONVICTIONS.—Notwith9 standing any other provision of this subsection, 

10 information concerning whether the alien apply11 ing for blue card status or an adjustment of 

12 status under section 153 has been convicted of 

13 a crime at any time may be used or released for 

14 immigration enforcement or law enforcement 

15 purposes. 

16 (4) CRIME.—Any person who knowingly uses, 

17 publishes, or permits information to be examined in 

18 violation of this subsection shall be subject to a fine 

19 in an amount not to exceed $10,000. 

20 (g) PENALTIES FOR FALSE STATEMENTS IN APPLI21 CATIONS.— 

22 (1) CRIMINAL PENALTY.—Any person who— 

23 (A) files an application for blue card status 

24 under this section or for adjustment of status 

25 under section 153 and knowingly and willfully 


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1 falsifies, conceals, or covers up a material fact 

2 or makes any false, fictitious, or fraudulent 

3 statements or representations, or makes or uses 

4 any false writing or document knowing the 

5 same to contain any false, fictitious, or fraudu6 lent statement or entry; or 

7 (B) creates or supplies a false writing or 

8 document for use in making such an applica9 tion, 

10 shall be fined in accordance with title 18, United 

11 States Code, imprisoned not more than 5 years, or 

12 both. 

13 (2) INADMISSIBILITY.—An alien who is con14 victed of a crime under paragraph (1) shall be con15 sidered to be inadmissible to the United States on 

16 the grounds described in section 212(a)(6)(C)(i) of 

17 the Immigration and Nationality Act (8 U.S.C. 

18 1182(a)(6)(C)(i)). 

19 (h) ELIGIBILITY FOR LEGAL SERVICES.—Section 

20 114(a)(11) of Public Law 104–134 (110 Stat. 1321–53 

21 et seq.) may not be construed to prevent a recipient of 

22 funds under the Legal Services Corporation Act (42 

23 U.S.C. 2996 et seq.) from providing legal assistance di24 rectly related to an application for blue card status under 

25 this section or for adjustment of status under section 153. 


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1 (i) APPLICATION FEES.— 

2 (1) FEE SCHEDULE.—The Secretary shall pro3 vide for a schedule of fees that— 

4 (A) shall be charged for the filing of an 

5 application for blue card status under this sec6 tion or for adjustment of status under section 

7 153; and 

8 (B) may be charged by qualified des9 ignated entities to help defray the costs of serv10 ices provided to such applicants. 

11 (2) PROHIBITION ON EXCESS FEES BY QUALI12 FIED DESIGNATED ENTITIES.—A qualified des13 ignated entity may not charge any fee in excess of, 

14 or in addition to, the fees authorized under para15 graph (1)(B) for services provided to applicants. 

16 (3) DISPOSITION OF FEES.— 

17 (A) IN GENERAL.—There is established in 

18 the general fund of the Treasury a separate ac19 count, which shall be known as the ‘‘Agricul20 tural Worker Immigration Status Adjustment 

21 Account’’. Notwithstanding any other provision 

22 of law, there shall be deposited as offsetting re23 ceipts into the account all fees collected under 

24 paragraph (1)(A). 


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1 (B) USE OF FEES FOR APPLICATION PROC2 ESSING.—Amounts deposited in the ‘‘Agricul3 tural Worker Immigration Status Adjustment 

4 Account’’ shall remain available to the Sec5 retary until expended for processing applica6 tions for blue card status under this section or 

7 for adjustment of status under section 153. 

8 SEC. 153. ADJUSTMENT TO PERMANENT RESIDENCE. 

9 (a) IN GENERAL.—Except as provided in subsection 

10 (b), the Secretary shall adjust the status of an alien grant11 ed blue card status to that of an alien lawfully admitted 

12 for permanent residence if the Secretary determines that 

13 the following requirements are satisfied: 

14 (1) QUALIFYING EMPLOYMENT.— 

15 (A) IN GENERAL.—Subject to subpara16 graph (B), the alien has performed at least— 

17 (i) 5 years of agricultural employment 

18 in the United States for at least 100 work 

19 days per year, during the 5-year period be20 ginning on the date of the enactment of 

21 this Act; or 

22 (ii) 3 years of agricultural employ23 ment in the United States for at least 150 

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1 riod beginning on the date of the enact2 ment of this Act. 

3 (B) 4-YEAR PERIOD OF EMPLOYMENT.— 

4 An alien shall be considered to meet the re5 quirements of subparagraph (A) if the alien has 

6 performed, during the 4-year period beginning 

7 on the date of the enactment of this Act— 

8 (i) agricultural employment in the 

9 United States for at least 150 work days 

10 during 3 of such years; and 

11 (ii) at least 100 work days during the 

12 remaining year. 

13 (2) PROOF.—An alien may demonstrate compli14 ance with the requirement under paragraph (1) by 

15 submitting— 

16 (A) the record of employment described in 

17 section 151(e); or 

18 (B) documentation that may be submitted 

19 under section 152(c). 

20 (3) EXTRAORDINARY CIRCUMSTANCES.— 

21 (A) IN GENERAL.—In determining whether 

22 an alien has met the requirement under para23 graph (1)(A), the Secretary may credit the alien 

24 with not more than 12 additional months of ag25 ricultural employment in the United States to 


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1 meet such requirement if the alien was unable 

2 to work in agricultural employment due to— 

3 (i) pregnancy, injury, or disease, if the 

4 alien can establish such pregnancy, dis5 abling injury, or disease through medical 

6 records; 

7 (ii) illness, disease, or other special 

8 needs of a minor child, if the alien can es9 tablish such illness, disease, or special 

10 needs through medical records; 

11 (iii) severe weather conditions that 

12 prevented the alien from engaging in agri13 cultural employment for a significant pe14 riod of time; or 

15 (iv) termination from agricultural em16 ployment, if the Secretary finds that the 

17 termination was without just cause and 

18 that the alien was unable to find alter19 native agricultural employment after a rea20 sonable job search. 

21 (B) EFFECT OF FINDING.—A finding 

22 made under subparagraph (A)(iv), with respect 

23 to an alien, shall not— 

24 (i) be conclusive, binding, or admis25 sible in a separate or subsequent judicial 


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1 or administrative action or proceeding be2 tween the alien and a current or prior em3 ployer of the alien or any other party; or 

4 (ii) subject the alien’s employer to the 

5 payment of attorney fees incurred by the 

6 alien in seeking to obtain a finding under 

7 subparagraph (A)(iv). 

8 (4) APPLICATION PERIOD.—The alien applies 

9 for adjustment of status not later than 7 years after 

10 the date of the enactment of this Act. 

11 (5) FINE.—The alien pays a fine of $400 to the 

12 Secretary. 

13 (b) GROUNDS FOR DENIAL OF ADJUSTMENT OF STA14 TUS.—The Secretary shall deny an alien granted blue card 

15 status an adjustment of status under this section if— 

16 (1) the Secretary finds, by a preponderance of 

17 the evidence, that the adjustment to blue card status 

18 was the result of fraud or willful misrepresentation, 

19 as described in section 212(a)(6)(C)(i) of the Immi20 gration and Nationality Act (8 U.S.C. 

21 1182(a)(6)(C)(i)); or 

22 (2) the alien— 

23 (A) commits an act that makes the alien 

24 inadmissible to the United States under section 

25 212 of the Immigration and Nationality Act (8 


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1 U.S.C. 1182), except as provided under section 

2 154(a)(2); 

3 (B) is convicted of a felony or 3 or more 

4 misdemeanors committed in the United States; 

5 (C) is convicted of an offense, an element 

6 of which involves bodily injury, threat of serious 

7 bodily injury, or harm to property in excess of 

8 $500; or 

9 (D) failed to perform the agricultural em10 ployment required under paragraph (1)(A) of 

11 subsection (a) unless the alien was unable to 

12 work in agricultural employment due to the ex13 traordinary circumstances described in para14 graph (3) of such subsection. 

15 (c) GROUNDS FOR REMOVAL.—Any alien granted 

16 blue card status who does not apply for adjustment of sta17 tus under this section before the expiration of the applica18 tion period described in subsection (a)(4) or who fails to 

19 meet the other requirements of subsection (a) by the end 

20 of the application period, is deportable and may be re21 moved under section 240 of the Immigration and Nation22 ality Act (8 U.S.C. 1229a). 

23 (d) PAYMENT OF TAXES.— 

24 (1) IN GENERAL.—Not later than the date on 

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1 tion, the alien shall establish that the alien does not 

2 owe any applicable Federal tax liability by estab3 lishing that— 

4 (A) no such tax liability exists; 

5 (B) all such outstanding tax liabilities have 

6 been paid; or 

7 (C) the alien has entered into an agree8 ment for payment of all outstanding liabilities 

9 with the Internal Revenue Service. 

10 (2) APPLICABLE FEDERAL TAX LIABILITY.—In 

11 paragraph (1), the term ‘‘applicable Federal tax li12 ability’’ means liability for Federal taxes, including 

13 penalties and interest, owed for any year during the 

14 period of employment required under subsection 

15 (a)(1) for which the statutory period for assessment 

16 of any deficiency for such taxes has not expired. 

17 (3) IRS COOPERATION.—The Secretary of the 

18 Treasury shall establish rules and procedures under 

19 which the Commissioner of Internal Revenue shall 

20 provide documentation to an alien upon request to 

21 establish the payment of all taxes required under 

22 this subsection. 

23 (e) SPOUSES AND MINOR CHILDREN.— 

24 (1) IN GENERAL.—Notwithstanding any other 

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1 tus of lawful permanent resident on the spouse and 

2 minor child of an alien granted any adjustment of 

3 status under subsection (a), including any individual 

4 who was a minor child on the date such alien was 

5 granted blue card status, if the spouse or minor 

6 child applies for such status, or if the principal alien 

7 includes the spouse or minor child in an application 

8 for adjustment of status to that of a lawful perma9 nent resident. 

10 (2) TREATMENT OF SPOUSES AND MINOR CHIL11 DREN.— 

12 (A) GRANTING OF STATUS AND RE13 MOVAL.—The Secretary shall grant derivative 

14 status to the alien spouse and any minor child 

15 residing in the United States of an alien grant16 ed blue card status and shall not remove such 

17 derivative spouse or child during the period that 

18 the alien granted blue card status maintains 

19 such status, except as provided in paragraph 

20 (3). A grant of derivative status to such a 

21 spouse or child under this subparagraph shall 

22 not decrease the number of aliens who may re23 ceive blue card status under section 151(h). 

24 (B) TRAVEL.—The derivative spouse and 

25 any minor child of an alien granted blue card 


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1 status may travel outside the United States in 

2 the same manner as an alien lawfully admitted 

3 for permanent residence. 

4 (C) EMPLOYMENT.—The derivative spouse 

5 of an alien granted blue card status may apply 

6 to the Secretary for a work permit to authorize 

7 such spouse to engage in any lawful employ8 ment in the United States while such alien 

9 maintains blue card status. 

10 (3) GROUNDS FOR DENIAL OF ADJUSTMENT OF

11 STATUS AND REMOVAL.—The Secretary shall deny 

12 an alien spouse or child adjustment of status under 

13 paragraph (1) and may remove such spouse or child 

14 under section 240 of the Immigration and Nation15 ality Act (8 U.S.C. 1229a) if the spouse or child— 

16 (A) commits an act that makes the alien 

17 spouse or child inadmissible to the United 

18 States under section 212 of such Act (8 U.S.C. 

19 1182), except as provided under section 

20 154(a)(2); 

21 (B) is convicted of a felony or 3 or more 

22 misdemeanors committed in the United States; 

23 or 

24 (C) is convicted of an offense, an element 

25 of which involves bodily injury, threat of serious 


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1 bodily injury, or harm to property in excess of 

2 $500. 

3 SEC. 154. OTHER PROVISIONS. 

4 (a) WAIVER OF NUMERICAL LIMITATIONS AND CER5 TAIN GROUNDS FOR INADMISSIBILITY.— 

6 (1) NUMERICAL LIMITATIONS DO NOT APPLY.— 

7 The numerical limitations of sections 201 and 202 

8 of the Immigration and Nationality Act (8 U.S.C. 

9 1151 and 1152) shall not apply to the adjustment 

10 of aliens to lawful permanent resident status under 

11 section 153. 

12 (2) WAIVER OF CERTAIN GROUNDS OF INAD13 MISSIBILITY.—In the determination of an alien’s eli14 gibility for status under section 101(a) or an alien’s 

15 eligibility for adjustment of status under section 

16 153(b)(2)(A) the following rules shall apply: 

17 (A) GROUNDS OF EXCLUSION NOT APPLI18 CABLE.—The provisions of paragraphs (5), 

19 (6)(A), (7), and (9) of section 212(a) of the Im20 migration and Nationality Act (8 U.S.C. 

21 1182(a)) shall not apply. 

22 (B) WAIVER OF OTHER GROUNDS.— 

23 (i) IN GENERAL.—Except as provided 

24 in subparagraph (B), the Secretary may 

25 waive any other provision of such section 


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1 212(a) in the case of individual aliens for 

2 humanitarian purposes, to ensure family 

3 unity, or if otherwise in the public interest. 

4 (ii) GROUNDS THAT MAY NOT BE

5 WAIVED.—Subparagraphs (A), (B), (C), 

6 (D), (G), (H), and (I) of paragraph (2) 

7 and paragraphs (3) and (4) of such section 

8 212(a) may not be waived by the Secretary 

9 under subparagraph (A). 

10 (iii) CONSTRUCTION.—Nothing in this 

11 paragraph may be construed as affecting 

12 the authority of the Secretary other than 

13 under this subparagraph to waive provi14 sions under such section 212(a). 

15 (C) SPECIAL RULE FOR DETERMINATION

16 OF PUBLIC CHARGE.—An alien is not ineligible 

17 for blue card status or an adjustment of status 

18 under section 153 by reason of a ground of in19 admissibility under section 212(a)(4) of the Im20 migration and Nationality Act (8 U.S.C. 

21 1182(a)(4)) if the alien demonstrates a history 

22 of employment in the United States evidencing 

23 self-support without reliance on public cash as24 sistance. 


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1 (3) TEMPORARY STAY OF REMOVAL AND WORK

2 AUTHORIZATION FOR CERTAIN APPLICANTS.— 

3 (A) BEFORE APPLICATION PERIOD.—Ef4 fective on the date of the enactment of this Act, 

5 the Secretary shall provide that, in the case of 

6 an alien who is apprehended before the begin7 ning of the application period described in sec8 tion 151(a)(2) and who can establish a non9 frivolous case of eligibility for blue card status 

10 (but for the fact that the alien may not apply 

11 for such status until the beginning of such pe12 riod), until the alien has had the opportunity 

13 during the first 30 days of the application pe14 riod to complete the filing of an application for 

15 blue card status, the alien— 

16 (i) may not be removed; and 

17 (ii) shall be granted authorization to 

18 engage in employment in the United States 

19 and be provided an employment authorized 

20 endorsement or other appropriate work 

21 permit for such purpose. 

22 (B) DURING APPLICATION PERIOD.—The 

23 Secretary shall provide that, in the case of an 

24 alien who presents a nonfrivolous application 

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1 riod described in section 151(a)(2), including 

2 an alien who files such an application within 30 

3 days of the alien’s apprehension, and until a 

4 final determination on the application has been 

5 made in accordance with this section, the 

6 alien— 

7 (i) may not be removed; and 

8 (ii) shall be granted authorization to 

9 engage in employment in the United States 

10 and be provided an employment authorized 

11 endorsement or other appropriate work 

12 permit for such purpose. 

13 (b) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

14 (1) IN GENERAL.—There shall be no adminis15 trative or judicial review of a determination respect16 ing an application for blue card status or adjustment 

17 of status under section 153 except in accordance 

18 with this section. 

19 (2) ADMINISTRATIVE REVIEW.— 

20 (A) SINGLE LEVEL OF ADMINISTRATIVE

21 APPELLATE REVIEW.—The Secretary shall es22 tablish an appellate authority to provide for a 

23 single level of administrative appellate review of 

24 such a determination. 


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1 (B) STANDARD FOR REVIEW.—Such ad2 ministrative appellate review shall be based 

3 solely upon the administrative record estab4 lished at the time of the determination on the 

5 application and upon such additional or newly 

6 discovered evidence as may not have been avail7 able at the time of the determination. 

8 (3) JUDICIAL REVIEW.— 

9 (A) LIMITATION TO REVIEW OF RE10 MOVAL.—There shall be judicial review of such 

11 a determination only in the judicial review of an 

12 order of removal under section 242 of the Im13 migration and Nationality Act (8 U.S.C. 1252). 

14 (B) STANDARD FOR JUDICIAL REVIEW.— 

15 Such judicial review shall be based solely upon 

16 the administrative record established at the 

17 time of the review by the appellate authority 

18 and the findings of fact and determinations 

19 contained in such record shall be conclusive un20 less the applicant can establish abuse of discre21 tion or that the findings are directly contrary to 

22 clear and convincing facts contained in the 

23 record considered as a whole. 

24 (c) USE OF INFORMATION.—Beginning not later than 

25 the first day of the application period described in section 


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1 151(a)(2), the Secretary, in cooperation with qualified 

2 designated entities (as that term is defined in section 

3 152(b)), shall broadly disseminate information respecting 

4 the benefits that aliens may receive under this part and 

5 the requirements that an alien is required to meet to re6 ceive such benefits. 

7 (d) REGULATIONS, EFFECTIVE DATE, AUTHORIZA8 TION OF APPROPRIATIONS.— 

9 (1) REGULATIONS.—The Secretary shall issue 

10 regulations to implement this chapter not later than 

11 the first day of the seventh month that begins after 

12 the date of the enactment of this Act. 

13 (2) EFFECTIVE DATE.—This chapter shall take 

14 effect on the date that regulations required under 

15 subsection (a) are issued, regardless of whether such 

16 regulations are issued on an interim basis or on any 

17 other basis. 

18 (3) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated to the Sec20 retary such sums as may be necessary to implement 

21 this part, including any sums needed for costs asso22 ciated with the initiation of such implementation, for 

23 fiscal years 2012 and 2013. 


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1 SEC. 155. CORRECTION OF SOCIAL SECURITY RECORDS. 

2 (a) IN GENERAL.—Section 208(e)(1) of the Social 

3 Security Act (42 U.S.C. 408(e)(1)) is amended— 

4 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

5 the end; 

6 (2) in subparagraph (C), by inserting ‘‘or’’ at 

7 the end; 

8 (3) by inserting after subparagraph (C) the fol9 lowing: 

10 ‘‘(D) who is granted blue card status 

11 under the AgJOBS Act of 2011.’’; and 

12 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

13 in the case of an alien described in subparagraph 

14 (D), if such conduct is alleged to have occurred be15 fore the date on which the alien was granted blue 

16 card status.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 subsection (a) shall take effect on the first day of the sev19 enth month that begins after the date of the enactment 

20 of this Act. 

21 SEC. 156. DETERMINATION AND USE OF USER FEES. 

22 (a) SCHEDULE OF FEES.—The Secretary shall estab23 lish and periodically adjust a schedule of fees for the em24 ployment of aliens pursuant to the amendment made by 

25 section 159 and a collection process for such fees from 


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1 employers. Such fees shall be the only fees chargeable to 

2 employers for services provided under such amendment. 

3 (b) DETERMINATION OF SCHEDULE.— 

4 (1) IN GENERAL.—The schedule under sub5 section (a) shall reflect a fee rate based on the num6 ber of job opportunities indicated in the employer’s 

7 application under section 218 of the Immigration 

8 and Nationality Act, as amended by section 159, 

9 and sufficient to provide for the direct costs of pro10 viding services related to an employer’s authorization 

11 to employ aliens pursuant to the amendment made 

12 by section 159(a), to include the certification of eli13 gible employers, the issuance of documentation, and 

14 the admission of eligible aliens. 

15 (2) PROCEDURE.— 

16 (A) IN GENERAL.—In establishing and ad17 justing such a schedule, the Secretary shall 

18 comply with Federal cost accounting and fee 

19 setting standards. 

20 (B) PUBLICATION AND COMMENT.—The 

21 Secretary shall publish in the Federal Register 

22 an initial fee schedule and associated collection 

23 process and the cost data or estimates upon 

24 which such fee schedule is based, and any sub25 sequent amendments thereto, pursuant to which 


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1 public comment shall be sought and a final rule 

2 issued. 

3 (c) USE OF PROCEEDS.—Notwithstanding any other 

4 provision of law, all proceeds resulting from the payment 

5 of the fees pursuant to the amendment made by section 

6 159 shall be available without further appropriation and 

7 shall remain available without fiscal year limitation to re8 imburse the Secretary, the Secretary of State, and the 

9 Secretary of Labor for the costs of carrying out— 

10 (1) sections 218 and 218B of the Immigration 

11 and Nationality Act, as added by section 159; and 

12 (2) the provisions of this part. 

13 (d) EFFECTIVE DATE.—This section and the amend14 ments made by section 159 shall take effect 1 year after 

15 the date of the enactment of this Act. 

16 SEC. 157. RULEMAKING. 

17 (a) REQUIREMENT FOR THE SECRETARY TO CON18 SULT.—The Secretary shall consult with the Secretary of 

19 Labor and the Secretary of Agriculture during the promul20 gation of all regulations to implement the duties of the 

21 Secretary under this Act and the amendments made by 

22 this Act. 

23 (b) REQUIREMENT FOR THE SECRETARY OF STATE

24 TO CONSULT.—The Secretary of State shall consult with 

25 the Secretary, the Secretary of Labor, and the Secretary 


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1 of Agriculture on all regulations to implement the duties 

2 of the Secretary of State under this Act and the amend3 ments made by this Act. 

4 (c) REQUIREMENT FOR THE SECRETARY OF LABOR

5 TO CONSULT.—The Secretary of Labor shall consult with 

6 the Secretary of Agriculture and the Secretary on all regu7 lations to implement the duties of the Secretary of Labor 

8 under this Act and the amendments made by this Act. 

9 (d) DEADLINE FOR ISSUANCE OF REGULATIONS.— 

10 All regulations to implement the duties of the Secretary, 

11 the Secretary of State, and the Secretary of Labor created 

12 under sections 218, 218A, 218B, 218C, and 218D of the 

13 Immigration and Nationality Act, as amended or added 

14 by section 159 of this Act— 

15 (1) shall take effect on the effective date of sec16 tion 159; and 

17 (2) shall be issued not later than 1 year after 

18 the date of the enactment of this Act. 

19 SEC. 158. REPORTS TO CONGRESS. 

20 (a) ANNUAL REPORT.—Not later than September 30 

21 of each year, the Secretary shall submit a report to Con22 gress that identifies, for the previous year— 

23 (1) the number of job opportunities approved 

24 for employment of aliens admitted under section 

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1 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), and the 

2 number of workers actually admitted, disaggregated 

3 by State and by occupation; 

4 (2) the number of such aliens reported to have 

5 abandoned employment pursuant to section 

6 218B(e)(2) of such Act; 

7 (3) the number of such aliens who departed the 

8 United States within the period specified in section 

9 218B(d) of such Act; 

10 (4) the number of aliens who applied for blue 

11 card status pursuant to section 151(a); 

12 (5) the number of aliens who were granted such 

13 status pursuant section 151(a); 

14 (6) the number of aliens who applied for an ad15 justment of status pursuant to section 153(a); and 

16 (7) the number of aliens who received an ad17 justment of status pursuant section 153(a). 

18 (b) IMPLEMENTATION REPORT.—Not later than 180 

19 days after the date of the enactment of this Act, the Sec20 retary shall prepare and submit a report to Congress that 

21 describes the measures being taken and the progress made 

22 in implementing this part. 


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1 Subchapter A—Reform of H–2A Worker 

2 Program 

3 SEC. 159. AMENDMENTS TO THE IMMIGRATION AND NA4 TIONALITY ACT. 

5 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 

6 is amended by striking section 218 and inserting the fol7 lowing: 

8 ‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. 

9 ‘‘(a) APPLICATIONS TO THE SECRETARY OF

10 LABOR.— 

11 ‘‘(1) IN GENERAL.—No alien may be admitted 

12 to the United States as an H–2A worker, or other13 wise provided status as an H–2A worker, unless the 

14 employer has filed with the Secretary of Labor an 

15 application containing— 

16 ‘‘(A) the assurances described in sub17 section (b); 

18 ‘‘(B) a description of the nature and loca19 tion of the work to be performed; 

20 ‘‘(C) the anticipated period (expected be21 ginning and ending dates) for which the work22 ers will be needed; and 

23 ‘‘(D) the number of job opportunities in 

24 which the employer seeks to employ the work25 ers. 


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1 ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap2 plication filed under paragraph (1) shall be accom3 panied by a copy of the job offer describing the 

4 wages and other terms and conditions of employ5 ment and the bona fide occupational qualifications 

6 that shall be possessed by a worker to be employed 

7 in the job opportunity in question. 

8 ‘‘(b) ASSURANCES FOR INCLUSION IN APPLICA9 TIONS.—The assurances referred to in subsection (a)(1) 

10 are the following: 

11 ‘‘(1) JOB OPPORTUNITIES COVERED BY COL12 LECTIVE BARGAINING AGREEMENTS.—With respect 

13 to a job opportunity that is covered under a collec14 tive bargaining agreement: 

15 ‘‘(A) UNION CONTRACT DESCRIBED.—The 

16 job opportunity is covered by a union contract 

17 which was negotiated at arm’s length between a 

18 bona fide union and the employer. 

19 ‘‘(B) STRIKE OR LOCKOUT.—The specific 

20 job opportunity for which the employer is re21 questing an H–2A worker is not vacant because 

22 the former occupant is on strike or being locked 

23 out in the course of a labor dispute. 

24 ‘‘(C) NOTIFICATION OF BARGAINING REP25 RESENTATIVES.—The employer, at the time of 


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1 filing the application, has provided notice of the 

2 filing under this paragraph to the bargaining 

3 representative of the employer’s employees in 

4 the occupational classification at the place or 

5 places of employment for which aliens are 

6 sought. 

7 ‘‘(D) TEMPORARY OR SEASONAL JOB OP8 PORTUNITIES.—The job opportunity is tem9 porary or seasonal. 

10 ‘‘(E) OFFERS TO UNITED STATES WORK11 ERS.—The employer has offered or will offer 

12 the job to any eligible United States worker 

13 who applies and is equally or better qualified 

14 for the job for which the nonimmigrant is, or 

15 the nonimmigrants are, sought and who will be 

16 available at the time and place of need. 

17 ‘‘(F) PROVISION OF INSURANCE.—If the 

18 job opportunity is not covered by the State 

19 workers’ compensation law, the employer will 

20 provide, at no cost to the worker, insurance cov21 ering injury and disease arising out of, and in 

22 the course of, the worker’s employment which 

23 will provide benefits at least equal to those pro24 vided under the State’s workers’ compensation 

25 law for comparable employment. 


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1 ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY

2 COLLECTIVE BARGAINING AGREEMENTS.—With re3 spect to a job opportunity that is not covered under 

4 a collective bargaining agreement: 

5 ‘‘(A) STRIKE OR LOCKOUT.—The specific 

6 job opportunity for which the employer has ap7 plied for an H–2A worker is not vacant because 

8 the former occupant is on strike or being locked 

9 out in the course of a labor dispute. 

10 ‘‘(B) TEMPORARY OR SEASONAL JOB OP11 PORTUNITIES.—The job opportunity is tem12 porary or seasonal. 

13 ‘‘(C) BENEFIT, WAGE, AND WORKING CON14 DITIONS.—The employer will provide, at a min15 imum, the benefits, wages, and working condi16 tions required by section 218A to all workers 

17 employed in the job opportunities for which the 

18 employer has applied for an H–2A worker 

19 under subsection (a) and to all other workers in 

20 the same occupation at the place of employ21 ment. 

22 ‘‘(D) NONDISPLACEMENT OF UNITED

23 STATES WORKERS.—The employer did not dis24 place and will not displace a United States 

25 worker employed by the employer during the 


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1 period of employment and for a period of 30 

2 days preceding the period of employment in the 

3 occupation at the place of employment for 

4 which the employer has applied for an H–2A 

5 worker. 

6 ‘‘(E) REQUIREMENTS FOR PLACEMENT OF

7 THE NONIMMIGRANT WITH OTHER EMPLOY8 ERS.—The employer will not place the non9 immigrant with another employer unless— 

10 ‘‘(i) the nonimmigrant performs du11 ties in whole or in part at 1 or more work12 sites owned, operated, or controlled by 

13 such other employer; 

14 ‘‘(ii) there are indicia of an employ15 ment relationship between the non16 immigrant and such other employer; and 

17 ‘‘(iii) the employer has inquired of the 

18 other employer as to whether, and has no 

19 actual knowledge or notice that, during the 

20 period of employment and for a period of 

21 30 days preceding the period of employ22 ment, the other employer has displaced or 

23 intends to displace a United States worker 

24 employed by the other employer in the oc25 cupation at the place of employment for 


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1 which the employer seeks approval to em2 ploy H–2A workers. 

3 ‘‘(F) STATEMENT OF LIABILITY.—The ap4 plication form shall include a clear statement 

5 explaining the liability under subparagraph (E) 

6 of an employer if the other employer described 

7 in such subparagraph displaces a United States 

8 worker as described in such subparagraph. 

9 ‘‘(G) PROVISION OF INSURANCE.—If the 

10 job opportunity is not covered by the State 

11 workers’ compensation law, the employer will 

12 provide, at no cost to the worker, insurance cov13 ering injury and disease arising out of and in 

14 the course of the worker’s employment which 

15 will provide benefits at least equal to those pro16 vided under the State’s workers’ compensation 

17 law for comparable employment. 

18 ‘‘(H) EMPLOYMENT OF UNITED STATES

19 WORKERS.— 

20 ‘‘(i) RECRUITMENT.—The employer 

21 has taken or will take the following steps 

22 to recruit United States workers for the 

23 job opportunities for which the H–2A non24 immigrant is, or H–2A nonimmigrants are, 

25 sought: 


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1 ‘‘(I) CONTACTING FORMER

2 WORKERS.—The employer shall make 

3 reasonable efforts to mail a letter to, 

4 or otherwise contact, any United 

5 States worker the employer employed 

6 during the previous season in the oc7 cupation at the place of intended em8 ployment for which the employer is 

9 applying for workers and has made 

10 the availability of the employer’s job 

11 opportunities in the occupation at the 

12 place of intended employment known 

13 to such previous workers, unless the 

14 worker was terminated from employ15 ment by the employer for a lawful job16 related reason or abandoned the job 

17 before the worker completed the pe18 riod of employment of the job oppor19 tunity for which the worker was hired. 

20 ‘‘(II) FILING A JOB OFFER WITH

21 THE LOCAL OFFICE OF THE STATE

22 EMPLOYMENT SECURITY AGENCY.— 

23 Not later than 28 days before the 

24 date on which the employer desires to 

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1 porary or seasonal agricultural job op2 portunity, the employer shall submit a 

3 copy of the job offer described in sub4 section (a)(2) to the local office of the 

5 State employment security agency 

6 which serves the area of intended em7 ployment and authorize the posting of 

8 the job opportunity on ‘America’s Job 

9 Bank’ or other electronic job registry, 

10 except that nothing in this subclause 

11 shall require the employer to file an 

12 interstate job order under section 653 

13 of title 20, Code of Federal Regula14 tions. 

15 ‘‘(III) ADVERTISING OF JOB OP16 PORTUNITIES.—Not later than 14 

17 days before the date on which the em18 ployer desires to employ an H–2A 

19 worker in a temporary or seasonal ag20 ricultural job opportunity, the em21 ployer shall advertise the availability 

22 of the job opportunities for which the 

23 employer is seeking workers in a pub24 lication in the local labor market that 


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1 is likely to be patronized by potential 

2 farm workers. 

3 ‘‘(IV) EMERGENCY PROCE4 DURES.—The Secretary of Labor, by 

5 regulation, shall provide a procedure 

6 for acceptance and approval of appli7 cations in which the employer has not 

8 complied with the provisions of this 

9 clause because the employer’s need for 

10 H–2A workers could not reasonably 

11 have been foreseen. 

12 ‘‘(ii) JOB OFFERS.—The employer has 

13 offered or will offer the job to any eligible 

14 United States worker who— 

15 ‘‘(I) applies and is equally or bet16 ter qualified for the job for which the 

17 nonimmigrant is, or nonimmigrants 

18 are, sought; and 

19 ‘‘(II) will be available at the time 

20 and place of need. 

21 ‘‘(iii) PERIOD OF EMPLOYMENT.—The 

22 employer will provide employment to any 

23 qualified United States worker who applies 

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1 er departs for the employer’s place of em2 ployment and ending on the date on which 

3 50 percent of the period of employment for 

4 which the H–2A worker was hired has 

5 elapsed, subject to the following require6 ments: 

7 ‘‘(I) PROHIBITION.—No person 

8 or entity shall willfully and knowingly 

9 withhold United States workers before 

10 the arrival of H–2A workers in order 

11 to force the hiring of United States 

12 workers under this clause. 

13 ‘‘(II) COMPLAINTS.—Upon re14 ceipt of a complaint by an employer 

15 that a violation of subclause (I) has 

16 occurred, the Secretary of Labor shall 

17 immediately investigate the complaint. 

18 The Secretary of Labor shall, within 

19 36 hours of the receipt of the com20 plaint, issue findings concerning the 

21 alleged violation. If the Secretary of 

22 Labor finds that a violation has oc23 curred, the Secretary of Labor shall 

24 immediately suspend the application 


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1 of this clause with respect to that cer2 tification for that date of need. 

3 ‘‘(III) PLACEMENT OF UNITED

4 STATES WORKERS.—Before referring 

5 a United States worker to an em6 ployer during the period described in 

7 the matter preceding subclause (I), 

8 the Secretary of Labor shall make all 

9 reasonable efforts to place the United 

10 States worker in an open job accept11 able to the worker, if there are other 

12 job offers pending with the job service 

13 that offer similar job opportunities in 

14 the area of intended employment. 

15 ‘‘(iv) STATUTORY CONSTRUCTION.— 

16 Nothing in this subparagraph shall be con17 strued to prohibit an employer from using 

18 such legitimate selection criteria relevant 

19 to the type of job that are normal or cus20 tomary to the type of job involved if such 

21 criteria are not applied in a discriminatory 

22 manner. 

23 ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BEHALF

24 OF EMPLOYER MEMBERS.— 


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1 ‘‘(1) IN GENERAL.—An agricultural association 

2 may file an application under subsection (a) on be3 half of 1 or more of its employer members that the 

4 association certifies in its application has or have 

5 agreed in writing to comply with the requirements of 

6 this section and sections 218A, 218B, and 218C. 

7 ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS

8 EMPLOYERS.—If an association filing an application 

9 under paragraph (1) is a joint or sole employer of 

10 the temporary or seasonal agricultural workers re11 quested on the application, the certifications granted 

12 under subsection (e)(2)(B) to the association may be 

13 used for the certified job opportunities of any of its 

14 producer members named on the application, and 

15 such workers may be transferred among such pro16 ducer members to perform the agricultural services 

17 of a temporary or seasonal nature for which the cer18 tifications were granted. 

19 ‘‘(d) WITHDRAWAL OF APPLICATIONS.— 

20 ‘‘(1) IN GENERAL.—An employer may withdraw 

21 an application filed pursuant to subsection (a), ex22 cept that if the employer is an agricultural associa23 tion, the association may withdraw an application 

24 filed pursuant to subsection (a) with respect to 1 or 

25 more of its members. To withdraw an application, 


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1 the employer or association shall notify the Sec2 retary of Labor in writing, and the Secretary of 

3 Labor shall acknowledge in writing the receipt of 

4 such withdrawal notice. An employer who withdraws 

5 an application under subsection (a), or on whose be6 half an application is withdrawn, is relieved of the 

7 obligations undertaken in the application. 

8 ‘‘(2) LIMITATION.—An application may not be 

9 withdrawn while any alien provided status under sec10 tion 101(a)(15)(H)(ii)(a) pursuant to such applica11 tion is employed by the employer. 

12 ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— 

13 Any obligation incurred by an employer under any 

14 other law or regulation as a result of the recruit15 ment of United States workers or H–2A workers 

16 under an offer of terms and conditions of employ17 ment required as a result of making an application 

18 under subsection (a) is unaffected by withdrawal of 

19 such application. 

20 ‘‘(e) REVIEW AND APPROVAL OF APPLICATIONS.— 

21 ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The 

22 employer shall make available for public examina23 tion, within 1 working day after the date on which 

24 an application under subsection (a) is filed, at the 

25 employer’s principal place of business or worksite, a 


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•S 1258 IS

1 copy of each such application (and such accom2 panying documents as are necessary). 

3 ‘‘(2) RESPONSIBILITY OF SECRETARY OF

4 LABOR.— 

5 ‘‘(A) COMPILATION OF LIST.—The Sec6 retary of Labor shall compile, on a current 

7 basis, a list (by employer and by occupational 

8 classification) of the applications filed under 

9 subsection (a). Such list shall include the wage 

10 rate, number of workers sought, period of in11 tended employment, and date of need. The Sec12 retary of Labor shall make such list available 

13 for examination in the District of Columbia. 

14 ‘‘(B) REVIEW OF APPLICATIONS.—The 

15 Secretary of Labor shall review such an applica16 tion only for completeness and obvious inac17 curacies. Unless the Secretary of Labor finds 

18 that the application is incomplete or obviously 

19 inaccurate, the Secretary of Labor shall certify 

20 that the intending employer has filed with the 

21 Secretary of Labor an application as described 

22 in subsection (a). Such certification shall be 

23 provided not later than 7 days after the appli24 cation is filed. 


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1 ‘‘SEC. 218A. H–2A EMPLOYMENT REQUIREMENTS. 

2 ‘‘(a) PREFERENTIAL TREATMENT OF ALIENS PRO3 HIBITED.—Employers seeking to hire United States work4 ers shall offer the United States workers no less than the 

5 same benefits, wages, and working conditions that the em6 ployer is offering, intends to offer, or will provide to H– 

7 2A workers. Conversely, no job offer may impose on 

8 United States workers any restrictions or obligations 

9 which will not be imposed on the employer’s H–2A work10 ers. 

11 ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORKING

12 CONDITIONS.—Except in cases where higher benefits, 

13 wages, or working conditions are required by the provi14 sions of subsection (a), in order to protect similarly em15 ployed United States workers from adverse effects with 

16 respect to benefits, wages, and working conditions, every 

17 job offer which shall accompany an application under sec18 tion 218(b)(2) shall include each of the following benefit, 

19 wage, and working condition provisions: 

20 ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A

21 HOUSING ALLOWANCE.— 

22 ‘‘(A) IN GENERAL.—An employer applying 

23 under section 218(a) for H–2A workers shall 

24 offer to provide housing at no cost to all work25 ers in job opportunities for which the employer 

26 has applied under that section and to all other 


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1 workers in the same occupation at the place of 

2 employment, whose place of residence is beyond 

3 normal commuting distance. 

4 ‘‘(B) TYPE OF HOUSING.—In complying 

5 with subparagraph (A), an employer may, at 

6 the employer’s election, provide housing that 

7 meets applicable Federal standards for tem8 porary labor camps or secure housing that 

9 meets applicable local standards for rental or 

10 public accommodation housing or other sub11 stantially similar class of habitation, or in the 

12 absence of applicable local standards, State 

13 standards for rental or public accommodation 

14 housing or other substantially similar class of 

15 habitation. In the absence of applicable local or 

16 State standards, Federal temporary labor camp 

17 standards shall apply. 

18 ‘‘(C) FAMILY HOUSING.—If it is the pre19 vailing practice in the occupation and area of 

20 intended employment to provide family housing, 

21 family housing shall be provided to workers 

22 with families who request it. 

23 ‘‘(D) WORKERS ENGAGED IN THE RANGE

24 PRODUCTION OF LIVESTOCK.—The Secretary of 

25 Labor shall issue regulations that address the 


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1 specific requirements for the provision of hous2 ing to workers engaged in the range production 

3 of livestock. 

4 ‘‘(E) LIMITATION.—Nothing in this para5 graph shall be construed to require an employer 

6 to provide or secure housing for persons who 

7 were not entitled to such housing under the 

8 temporary labor certification regulations in ef9 fect on June 1, 1986. 

10 ‘‘(F) CHARGES FOR HOUSING.— 

11 ‘‘(i) CHARGES FOR PUBLIC HOUS12 ING.—If public housing provided for mi13 grant agricultural workers under the aus14 pices of a local, county, or State govern15 ment is secured by an employer, and use of 

16 the public housing unit normally requires 

17 charges from migrant workers, such 

18 charges shall be paid by the employer di19 rectly to the appropriate individual or enti20 ty affiliated with the housing’s manage21 ment. 

22 ‘‘(ii) DEPOSIT CHARGES.—Charges in 

23 the form of deposits for bedding or other 

24 similar incidentals related to housing shall 

25 not be levied upon workers by employers 


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1 who provide housing for their workers. An 

2 employer may require a worker found to 

3 have been responsible for damage to such 

4 housing which is not the result of normal 

5 wear and tear related to habitation to re6 imburse the employer for the reasonable 

7 cost of repair of such damage. 

8 ‘‘(G) HOUSING ALLOWANCE AS ALTER9 NATIVE.— 

10 ‘‘(i) IN GENERAL.—If the requirement 

11 set out in clause (ii) is satisfied, the em12 ployer may provide a reasonable housing 

13 allowance instead of offering housing 

14 under subparagraph (A). Upon the request 

15 of a worker seeking assistance in locating 

16 housing, the employer shall make a good 

17 faith effort to assist the worker in identi18 fying and locating housing in the area of 

19 intended employment. An employer who of20 fers a housing allowance to a worker, or 

21 assists a worker in locating housing which 

22 the worker occupies, pursuant to this 

23 clause shall not be deemed a housing pro24 vider under section 203 of the Migrant and 

25 Seasonal Agricultural Worker Protection 


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1 Act (29 U.S.C. 1823) solely by virtue of 

2 providing such housing allowance. No 

3 housing allowance may be used for housing 

4 which is owned or controlled by the em5 ployer. 

6 ‘‘(ii) CERTIFICATION.—The require7 ment of this clause is satisfied if the Gov8 ernor of the State certifies to the Secretary 

9 of Labor that there is adequate housing 

10 available in the area of intended employ11 ment for migrant farm workers and H–2A 

12 workers who are seeking temporary hous13 ing while employed in agricultural work. 

14 Such certification shall expire after 3 years 

15 unless renewed by the Governor of the 

16 State. 

17 ‘‘(iii) AMOUNT OF ALLOWANCE.— 

18 ‘‘(I) NONMETROPOLITAN COUN19 TIES.—If the place of employment of 

20 the workers provided an allowance 

21 under this subparagraph is a non22 metropolitan county, the amount of 

23 the housing allowance under this sub24 paragraph shall be equal to the state25 wide average fair market rental for 


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1 existing housing for nonmetropolitan 

2 counties for the State, as established 

3 by the Secretary of Housing and 

4 Urban Development pursuant to sec5 tion 8(c) of the United States Hous6 ing Act of 1937 (42 U.S.C. 1437f(c)), 

7 based on a 2-bedroom dwelling unit 

8 and an assumption of 2 persons per 

9 bedroom. 

10 ‘‘(II) METROPOLITAN COUN11 TIES.—If the place of employment of 

12 the workers provided an allowance 

13 under this paragraph is in a metro14 politan county, the amount of the 

15 housing allowance under this subpara16 graph shall be equal to the statewide 

17 average fair market rental for existing 

18 housing for metropolitan counties for 

19 the State, as established by the Sec20 retary of Housing and Urban Devel21 opment pursuant to section 8(c) of 

22 the United States Housing Act of 

23 1937 (42 U.S.C. 1437f(c)), based on 

24 a 2-bedroom dwelling unit and an as25 sumption of 2 persons per bedroom. 


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1 ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— 

2 ‘‘(A) TO PLACE OF EMPLOYMENT.—A 

3 worker who completes 50 percent of the period 

4 of employment of the job opportunity for which 

5 the worker was hired shall be reimbursed by the 

6 employer for the cost of the worker’s transpor7 tation and subsistence from the place from 

8 which the worker came to work for the em9 ployer (or place of last employment, if the 

10 worker traveled from such place) to the place of 

11 employment. 

12 ‘‘(B) FROM PLACE OF EMPLOYMENT.—A 

13 worker who completes the period of employment 

14 for the job opportunity involved shall be reim15 bursed by the employer for the cost of the 

16 worker‘s transportation and subsistence from 

17 the place of employment to the place from 

18 which the worker, disregarding intervening em19 ployment, came to work for the employer, or to 

20 the place of next employment, if the worker has 

21 contracted with a subsequent employer who has 

22 not agreed to provide or pay for the worker’s 

23 transportation and subsistence to such subse24 quent employer’s place of employment. 

25 ‘‘(C) LIMITATION.— 


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1 ‘‘(i) AMOUNT OF REIMBURSEMENT.— 

2 Except as provided in clause (ii), the 

3 amount of reimbursement provided under 

4 subparagraph (A) or (B) to a worker or 

5 alien shall not exceed the lesser of— 

6 ‘‘(I) the actual cost to the worker 

7 or alien of the transportation and sub8 sistence involved; or 

9 ‘‘(II) the most economical and 

10 reasonable common carrier transpor11 tation charges and subsistence costs 

12 for the distance involved. 

13 ‘‘(ii) DISTANCE TRAVELED.—No reim14 bursement under subparagraph (A) or (B) 

15 shall be required if the distance traveled is 

16 100 miles or less, or the worker is not re17 siding in employer-provided housing or 

18 housing secured through an allowance as 

19 provided in paragraph (1)(G). 

20 ‘‘(D) EARLY TERMINATION.—If the worker 

21 is laid off or employment is terminated for con22 tract impossibility (as described in paragraph 

23 (4)(D)) before the anticipated ending date of 

24 employment, the employer shall provide the 

25 transportation and subsistence required by subVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 paragraph (B) and, notwithstanding whether 

2 the worker has completed 50 percent of the pe3 riod of employment, shall provide the transpor4 tation reimbursement required by subparagraph 

5 (A). 

6 ‘‘(E) TRANSPORTATION BETWEEN LIVING

7 QUARTERS AND WORKSITE.—The employer 

8 shall provide transportation between the work9 er’s living quarters and the employer’s worksite 

10 without cost to the worker, and such transpor11 tation will be in accordance with applicable laws 

12 and regulations. 

13 ‘‘(3) REQUIRED WAGES.— 

14 ‘‘(A) IN GENERAL.—An employer applying 

15 for workers under section 218(a) shall offer to 

16 pay, and shall pay, all workers in the occupa17 tion for which the employer has applied for 

18 workers, not less (and is not required to pay 

19 more) than the greater of the prevailing wage 

20 in the occupation in the area of intended em21 ployment or the adverse effect wage rate. No 

22 worker shall be paid less than the greater of the 

23 hourly wage prescribed under section 6(a)(1) of 

24 the Fair Labor Standards Act of 1938 (29 


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1 U.S.C. 206(a)(1)) or the applicable State min2 imum wage. 

3 ‘‘(B) LIMITATION.—Effective on the date 

4 of the enactment of the Comprehensive Immi5 gration Reform Act of 2011 and continuing for 

6 3 years thereafter, no adverse effect wage rate 

7 for a State may be more than the adverse effect 

8 wage rate for that State in effect on January 

9 1, 2011, as established by section 655.107 of 

10 title 20, Code of Federal Regulations. 

11 ‘‘(C) REQUIRED WAGES AFTER 3-YEAR

12 FREEZE.— 

13 ‘‘(i) FIRST ADJUSTMENT.—If Con14 gress does not set a new wage standard 

15 applicable to this section before the first 

16 March 1 that is not less than 3 years after 

17 the date of the enactment of this section, 

18 the adverse effect wage rate for each State 

19 beginning on such March 1 shall be the 

20 wage rate that would have resulted if the 

21 adverse effect wage rate in effect on Janu22 ary 1, 2011, had been annually adjusted, 

23 beginning on March 1, 2014, by the lesser 

24 of— 


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1 ‘‘(I) the 12-month percentage 

2 change in the Consumer Price Index 

3 for All Urban Consumers between De4 cember of the second preceding year 

5 and December of the preceding year; 

6 and 

7 ‘‘(II) 4 percent. 

8 ‘‘(ii) SUBSEQUENT ANNUAL ADJUST9 MENTS.—Beginning on the first March 1 

10 that is not less than 4 years after the date 

11 of the enactment of this section, and each 

12 March 1 thereafter, the adverse effect 

13 wage rate then in effect for each State 

14 shall be adjusted by the lesser of— 

15 ‘‘(I) the 12-month percentage 

16 change in the Consumer Price Index 

17 for All Urban Consumers between De18 cember of the second preceding year 

19 and December of the preceding year; 

20 and 

21 ‘‘(II) 4 percent. 

22 ‘‘(D) DEDUCTIONS.—The employer shall 

23 make only those deductions from the worker‘s 

24 wages that are authorized by law or are reason25 able and customary in the occupation and area 


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1 of employment. The job offer shall specify all 

2 deductions not required by law which the em3 ployer will make from the worker’s wages. 

4 ‘‘(E) FREQUENCY OF PAY.—The employer 

5 shall pay the worker not less frequently than 

6 twice monthly, or in accordance with the pre7 vailing practice in the area of employment, 

8 whichever is more frequent. 

9 ‘‘(F) HOURS AND EARNINGS STATE10 MENTS.—The employer shall furnish to the 

11 worker, on or before each payday, in 1 or more 

12 written statements— 

13 ‘‘(i) the worker’s total earnings for 

14 the pay period; 

15 ‘‘(ii) the worker’s hourly rate of pay, 

16 piece rate of pay, or both; 

17 ‘‘(iii) the hours of employment which 

18 have been offered to the worker (broken 

19 out by hours offered in accordance with 

and over and above the 3 20 ⁄4 guarantee de21 scribed in paragraph (4); 

22 ‘‘(iv) the hours actually worked by the 

23 worker; 

24 ‘‘(v) an itemization of the deductions 

25 made from the worker’s wages; and 


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1 ‘‘(vi) if piece rates of pay are used, 

2 the units produced daily. 

3 ‘‘(G) REPORT ON WAGE PROTECTIONS.— 

4 Not later than December 31, 2012, the Comp5 troller General of the United States shall sub6 mit a report to the Secretary of Labor, the 

7 Committee on the Judiciary of the Senate, and 

8 the Committee on the Judiciary of the House of 

9 Representatives that addresses— 

10 ‘‘(i) whether the employment of H–2A 

11 or unauthorized aliens in the United States 

12 agricultural workforce has depressed 

13 United States farm worker wages below 

14 the levels that would otherwise have pre15 vailed if alien farm workers had not been 

16 employed in the United States; 

17 ‘‘(ii) whether an adverse effect wage 

18 rate is necessary to prevent wages of 

19 United States farm workers in occupations 

20 in which H–2A workers are employed from 

21 falling below the wage levels that would 

22 have prevailed in the absence of the em23 ployment of H–2A workers in those occu24 pations; 


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1 ‘‘(iii) whether alternative wage stand2 ards, such as a prevailing wage standard, 

3 would be sufficient to prevent wages in oc4 cupations in which H–2A workers are em5 ployed from falling below the wage level 

6 that would have prevailed in the absence of 

7 H–2A employment; 

8 ‘‘(iv) whether any changes are war9 ranted in the current methodologies for 

10 calculating the adverse effect wage rate 

11 and the prevailing wage; and 

12 ‘‘(v) recommendations for future wage 

13 protection under this section. 

14 ‘‘(H) COMMISSION ON WAGE STAND15 ARDS.— 

16 ‘‘(i) ESTABLISHMENT.—There is es17 tablished the Commission on Agricultural 

18 Wage Standards under the H–2A program 

19 (in this subparagraph referred to as the 

20 ‘Commission’). 

21 ‘‘(ii) COMPOSITION.—The Commission 

22 shall consist of 10 members as follows: 

23 ‘‘(I) Four representatives of agri24 cultural employers and 1 representa25 tive of the Department of Agriculture, 


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1 each appointed by the Secretary of 

2 Agriculture. 

3 ‘‘(II) Four representatives of ag4 ricultural workers and 1 representa5 tive of the Department of Labor, each 

6 appointed by the Secretary of Labor. 

7 ‘‘(iii) FUNCTIONS.—The Commission 

8 shall conduct a study that shall address— 

9 ‘‘(I) whether the employment of 

10 H–2A or unauthorized aliens in the 

11 United States agricultural workforce 

12 has depressed United States farm 

13 worker wages below the levels that 

14 would otherwise have prevailed if alien 

15 farm workers had not been employed 

16 in the United States; 

17 ‘‘(II) whether an adverse effect 

18 wage rate is necessary to prevent 

19 wages of United States farm workers 

20 in occupations in which H–2A work21 ers are employed from falling below 

22 the wage levels that would have pre23 vailed in the absence of the employ24 ment of H–2A workers in those occu25 pations; 


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1 ‘‘(III) whether alternative wage 

2 standards, such as a prevailing wage 

3 standard, would be sufficient to pre4 vent wages in occupations in which 

5 H–2A workers are employed from fall6 ing below the wage level that would 

7 have prevailed in the absence of H–2A 

8 employment; 

9 ‘‘(IV) whether any changes are 

10 warranted in the current methodolo11 gies for calculating the adverse effect 

12 wage rate and the prevailing wage 

13 rate; and 

14 ‘‘(V) recommendations for future 

15 wage protection under this section. 

16 ‘‘(iv) FINAL REPORT.—Not later than 

17 December 31, 2012, the Commission shall 

18 submit a report to the Congress setting 

19 forth the findings of the study conducted 

20 under clause (iii). 

21 ‘‘(v) TERMINATION DATE.—The Com22 mission shall terminate upon submitting 

23 its final report. 

24 ‘‘(4) GUARANTEE OF EMPLOYMENT.— 


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1 ‘‘(A) OFFER TO WORKER.—The employer 

2 shall guarantee to offer the worker employment 

for the hourly equivalent of at least 3 3 ⁄4 of the 

4 work days of the total period of employment, 

5 beginning with the first work day after the ar6 rival of the worker at the place of employment 

7 and ending on the expiration date specified in 

8 the job offer. For purposes of this subpara9 graph, the hourly equivalent means the number 

10 of hours in the work days as stated in the job 

11 offer and shall exclude the worker’s Sabbath 

12 and Federal holidays. If the employer affords 

13 the United States or H–2A worker less employ14 ment than that required under this paragraph, 

15 the employer shall pay such worker the amount 

16 which the worker would have earned had the 

17 worker, in fact, worked for the guaranteed 

18 number of hours. 

19 ‘‘(B) FAILURE TO WORK.—Any hours 

20 which the worker fails to work, up to a max21 imum of the number of hours specified in the 

22 job offer for a work day, when the worker has 

23 been offered an opportunity to do so, and all 

24 hours of work actually performed (including vol25 untary work in excess of the number of hours 


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1 specified in the job offer in a work day, on the 

2 worker’s Sabbath, or on Federal holidays) may 

3 be counted by the employer in calculating 

4 whether the period of guaranteed employment 

5 has been met. 

6 ‘‘(C) ABANDONMENT OF EMPLOYMENT, 

7 TERMINATION FOR CAUSE.—If the worker vol8 untarily abandons employment before the end 

9 of the contract period, or is terminated for 

cause, the worker is not entitled to the 3 10 ⁄4 guar11 antee described in subparagraph (A). 

12 ‘‘(D) CONTRACT IMPOSSIBILITY.—If, be13 fore the expiration of the period of employment 

14 specified in the job offer, the services of the 

15 worker are no longer required for reasons be16 yond the control of the employer due to any 

17 form of natural disaster, including a flood, hur18 ricane, freeze, earthquake, fire, drought, plant 

19 or animal disease or pest infestation, or regu20 latory drought, before the guarantee in sub21 paragraph (A) is fulfilled, the employer may 

22 terminate the worker’s employment. In the 

23 event of such termination, the employer shall 

24 fulfill the employment guarantee in subpara25 graph (A) for the work days that have elapsed 


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1 from the first work day after the arrival of the 

2 worker to the termination of employment. In 

3 such cases, the employer will make efforts to 

4 transfer the United States worker to other com5 parable employment acceptable to the worker. If 

6 such transfer is not effected, the employer shall 

7 provide the return transportation required in 

8 paragraph (2)(D). 

9 ‘‘(5) MOTOR VEHICLE SAFETY.— 

10 ‘‘(A) MODE OF TRANSPORTATION SUBJECT

11 TO COVERAGE.— 

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in clauses (iii) and (iv), this sub14 section applies to any H–2A employer that 

15 uses or causes to be used any vehicle to 

16 transport an H–2A worker within the 

17 United States. 

18 ‘‘(ii) DEFINED TERM.—In this para19 graph, the term ‘uses or causes to be 

20 used’— 

21 ‘‘(I) applies only to transpor22 tation provided by an H–2A employer 

23 to an H–2A worker, or by a farm 

24 labor contractor to an H–2A worker 


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1 at the request or direction of an H– 

2 2A employer; and 

3 ‘‘(II) does not apply to— 

4 ‘‘(aa) transportation pro5 vided, or transportation arrange6 ments made, by an H–2A work7 er, unless the employer specifi8 cally requested or arranged such 

9 transportation; or 

10 ‘‘(bb) car pooling arrange11 ments made by H–2A workers 

12 themselves, using 1 of the work13 ers’ own vehicles, unless specifi14 cally requested by the employer 

15 directly or through a farm labor 

16 contractor. 

17 ‘‘(iii) CLARIFICATION.—Providing a 

18 job offer to an H–2A worker that causes 

19 the worker to travel to or from the place 

20 of employment, or the payment or reim21 bursement of the transportation costs of 

22 an H–2A worker by an H–2A employer, 

23 shall not constitute an arrangement of, or 

24 participation in, such transportation. 


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1 ‘‘(iv) AGRICULTURAL MACHINERY AND

2 EQUIPMENT EXCLUDED.—This subsection 

3 does not apply to the transportation of an 

4 H–2A worker on a tractor, combine, har5 vester, picker, or other similar machinery 

6 or equipment while such worker is actually 

7 engaged in the planting, cultivating, or 

8 harvesting of agricultural commodities or 

9 the care of livestock or poultry or engaged 

10 in transportation incidental thereto. 

11 ‘‘(v) COMMON CARRIERS EX12 CLUDED.—This subsection does not apply 

13 to common carrier motor vehicle transpor14 tation in which the provider holds itself out 

15 to the general public as engaging in the 

16 transportation of passengers for hire and 

17 holds a valid certification of authorization 

18 for such purposes from an appropriate 

19 Federal, State, or local agency. 

20 ‘‘(B) APPLICABILITY OF STANDARDS, LI21 CENSING, AND INSURANCE REQUIREMENTS.— 

22 ‘‘(i) IN GENERAL.—When using, or 

23 causing to be used, any vehicle for the pur24 pose of providing transportation to which 


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1 this subparagraph applies, each employer 

2 shall— 

3 ‘‘(I) ensure that each such vehi4 cle conforms to the standards pre5 scribed by the Secretary of Labor 

6 under section 401(b) of the Migrant 

7 and Seasonal Agricultural Worker 

8 Protection Act (29 U.S.C. 1841(b)) 

9 and other applicable Federal and 

10 State safety standards; 

11 ‘‘(II) ensure that each driver has 

12 a valid and appropriate license, as 

13 provided by State law, to operate the 

14 vehicle; and 

15 ‘‘(III) have an insurance policy 

16 or a liability bond that is in effect 

17 which insures the employer against li18 ability for damage to persons or prop19 erty arising from the ownership, oper20 ation, or causing to be operated, of 

21 any vehicle used to transport any H– 

22 2A worker. 

23 ‘‘(ii) AMOUNT OF INSURANCE RE24 QUIRED.—The level of insurance required 

25 shall be determined by the Secretary of 


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1 Labor pursuant to regulations to be issued 

2 under this subsection. 

3 ‘‘(iii) EFFECT OF WORKERS’ COM4 PENSATION COVERAGE.—If the employer 

5 of any H–2A worker provides workers’ 

6 compensation coverage for such worker in 

7 the case of bodily injury or death as pro8 vided by State law, the following adjust9 ments in the requirements of subparagraph 

10 (B)(i)(III) relating to having an insurance 

11 policy or liability bond apply: 

12 ‘‘(I) No insurance policy or liabil13 ity bond shall be required of the em14 ployer, if such workers are trans15 ported only under circumstances for 

16 which there is coverage under such 

17 State law. 

18 ‘‘(II) An insurance policy or li19 ability bond shall be required of the 

20 employer for circumstances under 

21 which coverage for the transportation 

22 of such workers is not provided under 

23 such State law. 

24 ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An em25 ployer shall assure that, except as otherwise provided in 


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1 this section, the employer will comply with all applicable 

2 Federal, State, and local labor laws, including laws affect3 ing migrant and seasonal agricultural workers, with re4 spect to all United States workers and alien workers em5 ployed by the employer, except that a violation of this as6 surance shall not constitute a violation of the Migrant and 

7 Seasonal Agricultural Worker Protection Act (29 U.S.C. 

8 1801 et seq.). 

9 ‘‘(d) COPY OF JOB OFFER.—The employer shall pro10 vide to the worker, not later than the day the work com11 mences, a copy of the employer’s application and job offer 

12 described in section 218(a), or, if the employer will require 

13 the worker to enter into a separate employment contract 

14 covering the employment in question, such separate em15 ployment contract. 

16 ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.—Nothing 

17 in this section, section 218, or section 218B shall preclude 

18 the Secretary of Labor and the Secretary from continuing 

19 to apply special procedures and requirements to the ad20 mission and employment of aliens in occupations involving 

21 the range production of livestock. 

22 ‘‘SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION 

23 OF STAY OF H–2A WORKERS. 

24 ‘‘(a) PETITIONING FOR ADMISSION.—An employer, 

25 or an association acting as an agent or joint employer for 


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1 its members, that seeks the admission into the United 

2 States of an H–2A worker may file a petition with the 

3 Secretary. The petition shall be accompanied by an accept4 ed and currently valid certification provided by the Sec5 retary of Labor under section 218(e)(2)(B) covering the 

6 petitioner. 

7 ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC8 RETARY.—The Secretary shall establish a procedure for 

9 expedited adjudication of petitions filed under subsection 

10 (a) and within 7 working days shall, by fax, cable, or other 

11 means assuring expedited delivery, transmit a copy of no12 tice of action on the petition to the petitioner and, in the 

13 case of approved petitions, to the appropriate immigration 

14 officer at the port of entry or United States consulate (as 

15 the case may be) where the petitioner has indicated that 

16 the alien beneficiary (or beneficiaries) will apply for a visa 

17 or admission to the United States. 

18 ‘‘(c) CRITERIA FOR ADMISSIBILITY.— 

19 ‘‘(1) IN GENERAL.—An H–2A worker shall be 

20 considered admissible to the United States if the 

21 alien— 

22 ‘‘(A) is otherwise admissible under this 

23 section, section 218, and section 218A; and 

24 ‘‘(B) is not ineligible under paragraph (2). 


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1 ‘‘(2) DISQUALIFICATION.—An alien shall be 

2 considered inadmissible to the United States and in3 eligible for nonimmigrant status under section 

4 101(a)(15)(H)(ii)(a) if the alien has, at any time 

5 during the past 5 years— 

6 ‘‘(A) violated a material provision of this 

7 section, including the requirement to promptly 

8 depart the United States when the alien’s au9 thorized period of admission under this section 

10 has expired; or 

11 ‘‘(B) otherwise violated a term or condition 

12 of admission into the United States as a non13 immigrant, including overstaying the period of 

14 authorized admission as such a nonimmigrant. 

15 ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW16 FUL PRESENCE.— 

17 ‘‘(A) IN GENERAL.—An alien who has not 

18 previously been admitted into the United States 

19 pursuant to this section, and who is otherwise 

20 eligible for admission in accordance with para21 graphs (1) and (2), shall not be deemed inad22 missible by virtue of section 212(a)(9)(B). If an 

23 alien described in the preceding sentence is 

24 present in the United States, the alien may 

25 apply from abroad for H–2A worker status, but 


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1 may not be granted that status in the United 

2 States. 

3 ‘‘(B) MAINTENANCE OF WAIVER.—An 

4 alien provided an initial waiver of ineligibility 

5 pursuant to subparagraph (A) shall remain eli6 gible for such waiver unless the alien violates 

7 the terms of this section or again becomes ineli8 gible under section 212(a)(9)(B) by virtue of 

9 unlawful presence in the United States after 

10 the date of the initial waiver of ineligibility pur11 suant to subparagraph (A). 

12 ‘‘(d) PERIOD OF ADMISSION.— 

13 ‘‘(1) IN GENERAL.—The alien shall be admitted 

14 for the period of employment in the application cer15 tified by the Secretary of Labor pursuant to section 

16 218(e)(2)(B), not to exceed 10 months, supple17 mented by a period of not more than 1 week before 

18 the beginning of the period of employment for the 

19 purpose of travel to the worksite and a period of 14 

20 days following the period of employment for the pur21 pose of departure or extension based on a subse22 quent offer of employment, except that— 

23 ‘‘(A) the alien is not authorized to be em24 ployed during such 14-day period except in the 


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1 employment for which the alien was previously 

2 authorized; and 

3 ‘‘(B) the total period of employment, in4 cluding such 14-day period, may not exceed 10 

5 months. 

6 ‘‘(2) CONSTRUCTION.—Nothing in this sub7 section may be construed to limit the authority of 

8 the Secretary to extend the stay of the alien under 

9 any other provision of this Act. 

10 ‘‘(e) ABANDONMENT OF EMPLOYMENT.— 

11 ‘‘(1) IN GENERAL.—An alien admitted or pro12 vided status under section 101(a)(15)(H)(ii)(a) who 

13 abandons the employment which was the basis for 

14 such admission or status shall be considered to have 

15 failed to maintain nonimmigrant status as an H–2A 

16 worker and shall depart the United States or be sub17 ject to removal under section 237(a)(1)(C)(i). 

18 ‘‘(2) REPORT BY EMPLOYER.—The employer, or 

19 association acting as agent for the employer, shall 

20 notify the Secretary not later than 7 days after an 

21 H–2A worker prematurely abandons employment. 

22 ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec23 retary shall promptly remove from the United States 

24 any H–2A worker who violates any term or condi25 tion of the worker’s nonimmigrant status. 


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1 ‘‘(4) VOLUNTARY TERMINATION.—Notwith2 standing paragraph (1), an alien may voluntarily 

3 terminate his or her employment if the alien prompt4 ly departs the United States upon termination of 

5 such employment. 

6 ‘‘(f) REPLACEMENT OF ALIEN.— 

7 ‘‘(1) IN GENERAL.—Upon presentation of the 

8 notice to the Secretary required by subsection (e)(2), 

9 the Secretary of State shall promptly issue a visa to, 

10 and the Secretary shall admit into the United 

11 States, an eligible alien designated by the employer 

12 to replace an H–2A worker— 

13 ‘‘(A) who abandons or prematurely termi14 nates employment; or 

15 ‘‘(B) whose employment is terminated 

16 after a United States worker is employed pur17 suant to section 218(b)(2)(H)(iii), if the United 

18 States worker voluntarily departs before the 

19 end of the period of intended employment or if 

20 the employment termination is for a lawful job21 related reason. 

22 ‘‘(2) CONSTRUCTION.—Nothing in this sub23 section may be construed to limit any preference re24 quired to be accorded United States workers under 

25 any other provision of this Act. 


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1 ‘‘(g) IDENTIFICATION DOCUMENT.— 

2 ‘‘(1) IN GENERAL.—Each alien authorized to be 

3 admitted under section 101(a)(15)(H)(ii)(a) shall be 

4 provided an identification and employment eligibility 

5 document to verify eligibility for employment in the 

6 United States and verify the alien’s identity. 

7 ‘‘(2) REQUIREMENTS.—No identification and 

8 employment eligibility document may be issued 

9 which does not meet the following requirements: 

10 ‘‘(A) The document shall be capable of re11 liably determining whether— 

12 ‘‘(i) the individual with the identifica13 tion and employment eligibility document 

14 whose eligibility is being verified is in fact 

15 eligible for employment; 

16 ‘‘(ii) the individual whose eligibility is 

17 being verified is claiming the identity of 

18 another person; and 

19 ‘‘(iii) the individual whose eligibility is 

20 being verified is authorized to be admitted 

21 into, and employed in, the United States 

22 as an H–2A worker. 

23 ‘‘(B) The document shall be in a form that 

24 is resistant to counterfeiting and to tampering. 

25 ‘‘(C) The document shall— 


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1 ‘‘(i) be compatible with other data2 bases of the Secretary for the purpose of 

3 excluding aliens from benefits for which 

4 they are not eligible and determining 

5 whether the alien is unlawfully present in 

6 the United States; and 

7 ‘‘(ii) be compatible with law enforce8 ment databases to determine if the alien 

9 has been convicted of criminal offenses. 

10 ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN THE

11 UNITED STATES.— 

12 ‘‘(1) EXTENSION OF STAY.—If an employer 

13 seeks approval to employ an H–2A alien who is law14 fully present in the United States, the petition filed 

15 by the employer or an association pursuant to sub16 section (a), shall request an extension of the alien’s 

17 stay and a change in the alien’s employment. 

18 ‘‘(2) LIMITATION ON FILING A PETITION FOR

19 EXTENSION OF STAY.—A petition may not be filed 

20 for an extension of an alien’s stay— 

21 ‘‘(A) for a period of more than 10 months; 

22 or 

23 ‘‘(B) to a date that is more than 3 years 

24 after the date of the alien’s last admission to 

25 the United States under this section. 


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1 ‘‘(3) WORK AUTHORIZATION UPON FILING A

2 PETITION FOR EXTENSION OF STAY.— 

3 ‘‘(A) IN GENERAL.—An alien who is law4 fully present in the United States may com5 mence the employment described in a petition 

6 under paragraph (1) on the date on which the 

7 petition is filed. 

8 ‘‘(B) DEFINITION.—In subparagraph (A), 

9 the term ‘file’ means sending the petition by 

10 certified mail via the United States Postal Serv11 ice, return receipt requested, or delivered by 

12 guaranteed commercial delivery which will pro13 vide the employer with a documented acknowl14 edgment of the date of receipt of the petition. 

15 ‘‘(C) HANDLING OF PETITION.—The em16 ployer shall provide a copy of the employer’s pe17 tition to the alien, who shall keep the petition 

18 with the alien’s identification and employment 

19 eligibility document as evidence that the peti20 tion has been filed and that the alien is author21 ized to work in the United States. 

22 ‘‘(D) APPROVAL OF PETITION.—Upon ap23 proval of a petition for an extension of stay or 

24 change in the alien’s authorized employment, 

25 the Secretary shall provide a new or updated 


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1 employment eligibility document to the alien in2 dicating the new validity date, after which the 

3 alien is not required to retain a copy of the pe4 tition. 

5 ‘‘(4) LIMITATION ON EMPLOYMENT AUTHORIZA6 TION OF ALIENS WITHOUT VALID IDENTIFICATION

7 AND EMPLOYMENT ELIGIBILITY DOCUMENT.—An ex8 pired identification and employment eligibility docu9 ment, together with a copy of a petition for exten10 sion of stay or change in the alien’s authorized em11 ployment that complies with the requirements of 

12 paragraph (1), shall constitute a valid work author13 ization document for a period of not more than 60 

14 days beginning on the date on which such petition 

15 is filed, after which time only a currently valid iden16 tification and employment eligibility document shall 

17 be acceptable. 

18 ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN

19 STATUS.— 

20 ‘‘(A) MAXIMUM PERIOD.—The maximum 

21 continuous period of authorized status as an 

22 H–2A worker (including any extensions) is 3 

23 years. 

24 ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE

25 THE UNITED STATES.— 


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1 ‘‘(i) IN GENERAL.—Subject to clause 

2 (ii), in the case of an alien outside the 

3 United States whose period of authorized 

4 status as an H–2A worker (including any 

5 extensions) has expired, the alien may not 

6 again apply for admission to the United 

7 States as an H–2A worker unless the alien 

8 has remained outside the United States for 

a continuous period equal to at least 1 9 ⁄5

10 the duration of the alien’s previous period 

11 of authorized status as an H–2A worker 

12 (including any extensions). 

13 ‘‘(ii) EXCEPTION.—Clause (i) shall 

14 not apply in the case of an alien— 

15 ‘‘(I) whose period of authorized 

16 status as an H–2A worker (including 

17 any extensions) was for a period of 

18 not more than 10 months; and 

19 ‘‘(II) has been outside the United 

20 States for at least 2 months during 

21 the 12-month period immediately pre22 ceding the date on which the alien is 

23 reapplying for admission to the 

24 United States as an H–2A worker. 


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1 ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED AS

2 SHEEPHERDERS, GOAT HERDERS, OR DAIRY WORK3 ERS.—Notwithstanding any provision of the Comprehen4 sive Immigration Reform Act of 2011, an alien admitted 

5 under section 101(a)(15)(H)(ii)(a) for employment as a 

6 sheepherder, goat herder, or dairy worker— 

7 ‘‘(1) may be admitted for an initial period of 12 

8 months; 

9 ‘‘(2) subject to subsection (j)(5), may have such 

10 initial period of admission extended for a period of 

11 up to 3 years; and 

12 ‘‘(3) shall not be subject to the requirements of 

13 subsection (h)(5) (relating to periods of absence 

14 from the United States). 

15 ‘‘(j) ADJUSTMENT TO LAWFUL PERMANENT RESI16 DENT STATUS FOR ALIENS EMPLOYED AS SHEEP17 HERDERS, GOAT HERDERS, OR DAIRY WORKERS.— 

18 ‘‘(1) ELIGIBLE ALIEN.—In this subsection, the 

19 term ‘eligible alien’ means an alien— 

20 ‘‘(A) having nonimmigrant status under 

21 section 101(a)(15)(H)(ii)(a) based on employ22 ment as a sheepherder, goat herder, or dairy 

23 worker; 

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1 mulative total of 36 months (excluding any pe2 riod of absence from the United States); and 

3 ‘‘(C) who is seeking to receive an immi4 grant visa under section 203(b)(3)(A)(iii). 

5 ‘‘(2) CLASSIFICATION PETITION.—In the case 

6 of an eligible alien, the petition under section 204 

7 for classification under section 203(b)(3)(A)(iii) may 

8 be filed by— 

9 ‘‘(A) the alien’s employer on behalf of the 

10 eligible alien; or 

11 ‘‘(B) the eligible alien. 

12 ‘‘(3) NO LABOR CERTIFICATION REQUIRED.— 

13 Notwithstanding section 203(b)(3)(C), no deter14 mination under section 212(a)(5)(A) is required with 

15 respect to an immigrant visa described in paragraph 

16 (1)(C) for an eligible alien. 

17 ‘‘(4) EFFECT OF PETITION.—The filing of a pe18 tition described in paragraph (2) or an application 

19 for adjustment of status based on the approval of 

20 such a petition shall not constitute evidence of an 

21 alien’s ineligibility for nonimmigrant status under 

22 section 101(a)(15)(H)(ii)(a). 

23 ‘‘(5) EXTENSION OF STAY.—The Secretary 

24 shall extend the stay of an eligible alien having a 

25 pending or approved classification petition described 


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1 in paragraph (2) in 1-year increments until a final 

2 determination is made on the alien’s eligibility for 

3 adjustment of status to that of an alien lawfully ad4 mitted for permanent residence. 

5 ‘‘(6) CONSTRUCTION.—Nothing in this sub6 section shall be construed to prevent an eligible alien 

7 from seeking adjustment of status in accordance 

8 with any other provision of law. 

9 ‘‘SEC. 218C. WORKER PROTECTIONS AND LABOR STAND10 ARDS ENFORCEMENT. 

11 ‘‘(a) ENFORCEMENT AUTHORITY.— 

12 ‘‘(1) INVESTIGATION OF COMPLAINTS.— 

13 ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY

14 COMPLAINTS.—The Secretary of Labor shall es15 tablish a process for the receipt, investigation, 

16 and disposition of complaints respecting a 

17 petitioner‘s failure to meet a condition specified 

18 in section 218(b), or an employer’s misrepre19 sentation of material facts in an application 

20 under section 218(a). Complaints may be filed 

21 by any aggrieved person or organization (in22 cluding bargaining representatives). No inves23 tigation or hearing shall be conducted on a 

24 complaint concerning such a failure or mis25 representation unless the complaint was filed 


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1 not later than 12 months after the date of the 

2 failure, or misrepresentation, respectively. The 

3 Secretary of Labor shall conduct an investiga4 tion under this subparagraph if there is reason5 able cause to believe that such a failure or mis6 representation has occurred. 

7 ‘‘(B) DETERMINATION ON COMPLAINT.— 

8 Not later than 30 days after the date on which 

9 a complaint is filed under subparagraph (A), 

10 the Secretary of Labor shall determine whether 

11 or not a reasonable basis exists to make a find12 ing described in subparagraph (C), (D), (E), or 

13 (G). If the Secretary of Labor determines that 

14 such a reasonable basis exists, the Secretary of 

15 Labor shall provide for notice of such deter16 mination to the interested parties and an oppor17 tunity for a hearing on the complaint, in ac18 cordance with section 556 of title 5, United 

19 States Code, not later than 60 days after the 

20 date of the determination. If such a hearing is 

21 requested, the Secretary of Labor shall make a 

22 finding concerning the matter not later than 60 

23 days after the date of the hearing. In the case 

24 of similar complaints regarding the same appli25 cant, the Secretary of Labor may consolidate 


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1 the hearings under this subparagraph on such 

2 complaints. 

3 ‘‘(C) FAILURES TO MEET CONDITIONS.—If 

4 the Secretary of Labor finds, after notice and 

5 opportunity for a hearing, a failure to meet a 

6 condition of paragraph (1)(A), (1)(B), (1)(D), 

7 (1)(F), (2)(A), (2)(B), or (2)(G) of section 

8 218(b), a substantial failure to meet a condition 

9 of paragraph (1)(C), (1)(E), (2)(C), (2)(D), 

10 (2)(E), or (2)(H) of section 218(b), or a mate11 rial misrepresentation of fact in an application 

12 under section 218(a)— 

13 ‘‘(i) the Secretary of Labor shall no14 tify the Secretary of such finding and may, 

15 in addition, impose such other administra16 tive remedies (including civil money pen17 alties in an amount not to exceed $1,000 

18 per violation) as the Secretary of Labor 

19 determines to be appropriate; and 

20 ‘‘(ii) the Secretary may disqualify the 

21 employer from the employment of aliens 

22 described in section 101(a)(15)(H)(ii)(a) 

23 for a period of 1 year. 

24 ‘‘(D) WILLFUL FAILURES AND WILLFUL

25 MISREPRESENTATIONS.—If the Secretary of 


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1 Labor finds, after notice and opportunity for 

2 hearing, a willful failure to meet a condition of 

3 section 218(b), a willful misrepresentation of a 

4 material fact in an application under section 

5 218(a), or a violation of subsection (d)(1)— 

6 ‘‘(i) the Secretary of Labor shall no7 tify the Secretary of such finding and may, 

8 in addition, impose such other administra9 tive remedies (including civil money pen10 alties in an amount not to exceed $5,000 

11 per violation) as the Secretary of Labor 

12 determines to be appropriate; 

13 ‘‘(ii) the Secretary of Labor may seek 

14 appropriate legal or equitable relief to ef15 fectuate the purposes of subsection (d)(1); 

16 and 

17 ‘‘(iii) the Secretary may disqualify the 

18 employer from the employment of H–2A 

19 workers for a period of 2 years. 

20 ‘‘(E) DISPLACEMENT OF UNITED STATES

21 WORKERS.—If the Secretary of Labor finds, 

22 after notice and opportunity for a hearing, a 

23 willful failure to meet a condition of section 

24 218(b) or a willful misrepresentation of a mate25 rial fact in an application under section 218(a), 


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1 in the course of which failure or misrepresenta2 tion the employer displaced a United States 

3 worker employed by the employer during the 

4 period of employment on the employer’s appli5 cation under section 218(a) or during the pe6 riod of 30 days preceding such period of em7 ployment— 

8 ‘‘(i) the Secretary of Labor shall no9 tify the Secretary of such finding and may, 

10 in addition, impose such other administra11 tive remedies (including civil money pen12 alties in an amount not to exceed $15,000 

13 per violation) as the Secretary of Labor 

14 determines to be appropriate; and 

15 ‘‘(ii) the Secretary may disqualify the 

16 employer from the employment of H–2A 

17 workers for a period of 3 years. 

18 ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN19 ALTIES.—The Secretary of Labor shall not im20 pose total civil money penalties with respect to 

21 an application under section 218(a) in excess of 

22 $90,000. 

23 ‘‘(G) FAILURES TO PAY WAGES OR RE24 QUIRED BENEFITS.—If the Secretary of Labor 

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1 ing, that the employer has failed to pay the 

2 wages, or provide the housing allowance, trans3 portation, subsistence reimbursement, or guar4 antee of employment, required under section 

5 218A(b), the Secretary of Labor shall assess 

6 payment of back wages, or other required bene7 fits, due any United States worker or H–2A 

8 worker employed by the employer in the specific 

9 employment in question. The back wages or 

10 other required benefits under section 218A(b) 

11 shall be equal to the difference between the 

12 amount that should have been paid and the 

13 amount that actually was paid to such worker. 

14 ‘‘(2) CONSTRUCTION.—Nothing in this section 

15 may be construed as limiting the authority of the 

16 Secretary of Labor to conduct any compliance inves17 tigation under any other labor law, including any 

18 law affecting migrant and seasonal agricultural 

19 workers, or, in the absence of a complaint under this 

20 section, section 218, or section 218A. 

21 ‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE RIGHT OF

22 ACTION.—H–2A workers may enforce, through the private 

23 right of action provided in subsection (c), the following 

24 rights: 


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1 ‘‘(1) The provision of housing or a housing al2 lowance as required under section 218A(b)(1). 

3 ‘‘(2) The reimbursement of transportation as 

4 required under section 218A(b)(2). 

5 ‘‘(3) The payment of wages required under sec6 tion 218A(b)(3) when due. 

7 ‘‘(4) The benefits and material terms and con8 ditions of employment expressly provided in the job 

9 offer described in section 218(a)(2), not including 

10 the assurance to comply with other Federal, State, 

11 and local labor laws described in section 218A(c), 

12 compliance with which shall be governed by the pro13 visions of such laws. 

14 ‘‘(5) The guarantee of employment required 

15 under section 218A(b)(4). 

16 ‘‘(6) The motor vehicle safety requirements 

17 under section 218A(b)(5). 

18 ‘‘(7) The prohibition of discrimination under 

19 subsection (d)(2). 

20 ‘‘(c) PRIVATE RIGHT OF ACTION.— 

21 ‘‘(1) MEDIATION.—Upon the filing of a com22 plaint by an H–2A worker aggrieved by a violation 

23 of rights enforceable under subsection (b), and with24 in 60 days of the filing of proof of service of the 

25 complaint, a party to the action may file a request 


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1 with the Federal Mediation and Conciliation Service 

2 to assist the parties in reaching a satisfactory reso3 lution of all issues involving all parties to the dis4 pute. Upon a filing of such request and giving of no5 tice to the parties, the parties shall attempt medi6 ation within the period specified in subparagraph 

7 (B). 

8 ‘‘(A) MEDIATION SERVICES.—The Federal 

9 Mediation and Conciliation Service shall be 

10 available to assist in resolving disputes arising 

11 under subsection (b) between H–2A workers 

12 and agricultural employers without charge to 

13 the parties. 

14 ‘‘(B) 90-DAY LIMIT.—The Federal Medi15 ation and Conciliation Service may conduct me16 diation or other nonbinding dispute resolution 

17 activities for a period not to exceed 90 days be18 ginning on the date on which the Federal Medi19 ation and Conciliation Service receives the re20 quest for assistance unless the parties agree to 

21 an extension of this period of time. 

22 ‘‘(C) AUTHORIZATION.— 

23 ‘‘(i) IN GENERAL.—Subject to clause 

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1 ciliation Service $500,000 for each fiscal 

2 year to carry out this section. 

3 ‘‘(ii) MEDIATION.—Notwithstanding 

4 any other provision of law, the Director of 

5 the Federal Mediation and Conciliation 

6 Service is authorized to conduct the medi7 ation or other dispute resolution activities 

8 from any other appropriated funds avail9 able to the Director and to reimburse such 

10 appropriated funds when the funds are ap11 propriated pursuant to this authorization, 

12 such reimbursement to be credited to ap13 propriations currently available at the time 

14 of receipt. 

15 ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS16 TRICT COURT BY AGGRIEVED PERSON.—An H–2A 

17 worker aggrieved by a violation of rights enforceable 

18 under subsection (b) by an agricultural employer or 

19 other person may file suit in any district court of the 

20 United States having jurisdiction over the parties, 

21 without regard to the amount in controversy, with22 out regard to the citizenship of the parties, and 

23 without regard to the exhaustion of any alternative 

24 administrative remedies under this Act, not later 

25 than 3 years after the date the violation occurs. 


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1 ‘‘(3) ELECTION.—An H–2A worker who has 

2 filed an administrative complaint with the Secretary 

3 of Labor may not maintain a civil action under 

4 paragraph (2) unless a complaint based on the same 

5 violation filed with the Secretary of Labor under 

6 subsection (a)(1) is withdrawn before the filing of 

7 such action, in which case the rights and remedies 

8 available under this subsection shall be exclusive. 

9 ‘‘(4) PREEMPTION OF STATE CONTRACT

10 RIGHTS.—Nothing in this Act may be construed to 

11 diminish the rights and remedies of an H–2A worker 

12 under any other Federal or State law or regulation 

13 or under any collective bargaining agreement, except 

14 that no court or administrative action shall be avail15 able under any State contract law to enforce the 

16 rights established under this Act. 

17 ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree18 ments by employees purporting to waive or modify 

19 their rights under this Act shall be void as contrary 

20 to public policy, except that a waiver or modification 

21 of the rights or obligations in favor of the Secretary 

22 of Labor shall be valid for purposes of the enforce23 ment of this Act. The preceding sentence may not 

24 be construed to prohibit agreements to settle private 

25 disputes or litigation. 


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1 ‘‘(6) AWARD OF DAMAGES OR OTHER EQUI2 TABLE RELIEF.— 

3 ‘‘(A) If the court finds that the respondent 

4 has intentionally violated any of the rights en5 forceable under subsection (b), it shall award 

6 actual damages, if any, or equitable relief. 

7 ‘‘(B) Any civil action brought under this 

8 section shall be subject to appeal as provided in 

9 chapter 83 of title 28, United States Code. 

10 ‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX11 CLUSIVE REMEDY.— 

12 ‘‘(A) Notwithstanding any other provision 

13 of this section, where a State’s workers’ com14 pensation law is applicable and coverage is pro15 vided for an H–2A worker, the workers’ com16 pensation benefits shall be the exclusive remedy 

17 for the loss of such worker under this section 

18 in the case of bodily injury or death in accord19 ance with such State’s workers’ compensation 

20 law. 

21 ‘‘(B) The exclusive remedy prescribed in 

22 subparagraph (A) precludes the recovery under 

23 paragraph (6) of actual damages for loss from 

24 an injury or death but does not preclude other 

25 equitable relief, except that such relief shall not 


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1 include back or front pay or in any manner, di2 rectly or indirectly, expand or otherwise alter or 

3 affect— 

4 ‘‘(i) a recovery under a State workers’ 

5 compensation law; or 

6 ‘‘(ii) rights conferred under a State 

7 workers’ compensation law. 

8 ‘‘(8) TOLLING OF STATUTE OF LIMITATIONS.— 

9 If it is determined under a State workers’ compensa10 tion law that the workers’ compensation law is not 

11 applicable to a claim for bodily injury or death of an 

12 H–2A worker, the statute of limitations for bringing 

13 an action for actual damages for such injury or 

14 death under subsection (c) shall be tolled for the pe15 riod during which the claim for such injury or death 

16 under such State workers’ compensation law was 

17 pending. The statute of limitations for an action for 

18 actual damages or other equitable relief arising out 

19 of the same transaction or occurrence as the injury 

20 or death of the H–2A worker shall be tolled for the 

21 period during which the claim for such injury or 

22 death was pending under the State workers’ com23 pensation law. 

24 ‘‘(9) PRECLUSIVE EFFECT.—Any settlement by 

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1 son reached through the mediation process required 

2 under subsection (c)(1) shall preclude any right of 

3 action arising out of the same facts between the par4 ties in any Federal or State court or administrative 

5 proceeding, unless specifically provided otherwise in 

6 the settlement agreement. 

7 ‘‘(10) SETTLEMENTS.—Any settlement by the 

8 Secretary of Labor with an H–2A employer on be9 half of an H–2A worker of a complaint filed with the 

10 Secretary of Labor under this section or any finding 

11 by the Secretary of Labor under subsection 

12 (a)(1)(B) shall preclude any right of action arising 

13 out of the same facts between the parties under any 

14 Federal or State court or administrative proceeding, 

15 unless specifically provided otherwise in the settle16 ment agreement. 

17 ‘‘(d) DISCRIMINATION PROHIBITED.— 

18 ‘‘(1) IN GENERAL.—It is a violation of this sub19 section for any person who has filed an application 

20 under section 218(a), to intimidate, threaten, re21 strain, coerce, blacklist, discharge, or in any other 

22 manner discriminate against an employee (which 

23 term, for purposes of this subsection, includes a 

24 former employee and an applicant for employment) 

25 because the employee has disclosed information to 


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1 the employer, or to any other person, that the em2 ployee reasonably believes evidences a violation of 

3 section 218 or 218A or any rule or regulation per4 taining to section 218 or 218A, or because the em5 ployee cooperates or seeks to cooperate in an inves6 tigation or other proceeding concerning the employ7 er’s compliance with the requirements of section 218 

8 or 218A or any rule or regulation pertaining to ei9 ther of such sections. 

10 ‘‘(2) DISCRIMINATION AGAINST H–2A WORK11 ERS.—It is a violation of this subsection for any per12 son who has filed an application under section 

13 218(a), to intimidate, threaten, restrain, coerce, 

14 blacklist, discharge, or in any manner discriminate 

15 against an H–2A employee because such worker has, 

16 with just cause, filed a complaint with the Secretary 

17 of Labor regarding a denial of the rights enumer18 ated and enforceable under subsection (b) or insti19 tuted, or caused to be instituted, a private right of 

20 action under subsection (c) regarding the denial of 

21 the rights enumerated under subsection (b), or has 

22 testified or is about to testify in any court pro23 ceeding brought under subsection (c). 

24 ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO25 PRIATE EMPLOYMENT.—The Secretary of Labor and the 


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1 Secretary shall establish a process under which an H–2A 

2 worker who files a complaint regarding a violation of sub3 section (d) and is otherwise eligible to remain and work 

4 in the United States may be allowed to seek other appro5 priate employment in the United States for a period not 

6 to exceed the maximum period of stay authorized for such 

7 nonimmigrant classification. 

8 ‘‘(f) ROLE OF ASSOCIATIONS.— 

9 ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA10 TION.—An employer on whose behalf an application 

11 is filed by an association acting as its agent is fully 

12 responsible for such application, and for complying 

13 with the terms and conditions of sections 218 and 

14 218A, as though the employer had filed the applica15 tion itself. If such an employer is determined, under 

16 this section, to have committed a violation, the pen17 alty for such violation shall apply only to that mem18 ber of the association unless the Secretary of Labor 

19 determines that the association or other member 

20 participated in, had knowledge, or reason to know, 

21 of the violation, in which case the penalty shall be 

22 invoked against the association or other association 

23 member as well. 

24 ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING

25 AS AN EMPLOYER.—If an association filing an appliVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 cation as a sole or joint employer is determined to 

2 have committed a violation under this section, the 

3 penalty for such violation shall apply only to the as4 sociation unless the Secretary of Labor determines 

5 that an association member or members participated 

6 in or had knowledge, or reason to know of the viola7 tion, in which case the penalty shall be invoked 

8 against the association member or members as well. 

9 ‘‘SEC. 218D. DEFINITIONS. 

10 ‘‘In this section and in sections 218, 218A, 218B, 

11 and 218C: 

12 ‘‘(1) AGRICULTURAL EMPLOYMENT.—The term 

13 ‘agricultural employment’ means any service or ac14 tivity that is considered to be agricultural under sec15 tion 3(f) of the Fair Labor Standards Act of 1938 

16 (29 U.S.C. 203(f)) or agricultural labor under sec17 tion 3121(g) of the Internal Revenue Code of 1986 

18 or the performance of agricultural labor or services 

19 described in section 101(a)(15)(H)(ii)(a). 

20 ‘‘(2) BONA FIDE UNION.—The term ‘bona fide 

21 union’ means any organization in which employees 

22 participate and which exists for the purpose of deal23 ing with employers concerning grievances, labor dis24 putes, wages, rates of pay, hours of employment, or 

25 other terms and conditions of work for agricultural 


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1 employees. Such term does not include an organiza2 tion formed, created, administered, supported, domi3 nated, financed, or controlled by an employer or em4 ployer association or its agents or representatives. 

5 ‘‘(3) DISPLACE.—The term ‘displace’, in the 

6 case of an application with respect to 1 or more H– 

7 2A workers by an employer, means laying off a 

8 United States worker from a job for which H–2A 

9 workers are sought. 

10 ‘‘(4) ELIGIBLE.—The term ‘eligible’, when used 

11 with respect to an individual, means an individual 

12 who is not an unauthorized alien (as defined in sec13 tion 274A). 

14 ‘‘(5) EMPLOYER.—The term ‘employer’ means 

15 any person or entity, including any farm labor con16 tractor and any agricultural association, that em17 ploys workers in agricultural employment. 

18 ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em19 ployer’ means an employer who seeks to hire 1 or 

20 more nonimmigrant aliens described in section 

21 101(a)(15)(H)(ii)(a). 

22 ‘‘(7) H–2A WORKER.—The term ‘H–2A worker’ 

23 means a nonimmigrant described in section 

24 101(a)(15)(H)(ii)(a). 


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1 ‘‘(8) JOB OPPORTUNITY.—The term ‘job oppor2 tunity’ means a job opening for temporary or sea3 sonal full-time employment at a place in the United 

4 States to which United States workers can be re5 ferred. 

6 ‘‘(9) LAYING OFF.— 

7 ‘‘(A) IN GENERAL.—The term ‘laying off’, 

8 with respect to a worker— 

9 ‘‘(i) means to cause the worker’s loss 

10 of employment, other than through a dis11 charge for inadequate performance, viola12 tion of workplace rules, cause, voluntary 

13 departure, voluntary retirement, contract 

14 impossibility (as described in section 

15 218A(b)(4)(D)), or temporary suspension 

16 of employment due to weather, markets, or 

17 other temporary conditions; and 

18 ‘‘(ii) does not include any situation in 

19 which the worker is offered, as an alter20 native to such loss of employment, a simi21 lar employment opportunity with the same 

22 employer (or, in the case of a placement of 

23 a worker with another employer under sec24 tion 218(b)(2)(E), with either employer de25 scribed in such section) at equivalent or 


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1 higher compensation and benefits than the 

2 position from which the employee was dis3 charged, regardless of whether or not the 

4 employee accepts the offer. 

5 ‘‘(B) STATUTORY CONSTRUCTION.—Noth6 ing in this paragraph is intended to limit an 

7 employee’s rights under a collective bargaining 

8 agreement or other employment contract. 

9 ‘‘(10) REGULATORY DROUGHT.—The term ‘reg10 ulatory drought’ means a decision subsequent to the 

11 filing of the application under section 218 by an en12 tity not under the control of the employer making 

13 such filing which restricts the employer’s access to 

14 water for irrigation purposes and reduces or limits 

15 the employer’s ability to produce an agricultural 

16 commodity, thereby reducing the need for labor. 

17 ‘‘(11) SEASONAL.—Labor is performed on a 

18 ‘seasonal’ basis if— 

19 ‘‘(A) ordinarily, it pertains to or is of the 

20 kind exclusively performed at certain seasons or 

21 periods of the year; and 

22 ‘‘(B) from its nature, it may not be contin23 uous or carried on throughout the year. 


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1 ‘‘(12) SECRETARY.—Except as otherwise pro2 vided, the term ‘Secretary’ means the Secretary of 

3 Homeland Security. 

4 ‘‘(13) TEMPORARY.—A worker is employed on a 

5 ‘temporary’ basis where the employment is intended 

6 not to exceed 10 months. 

7 ‘‘(14) UNITED STATES WORKER.—The term 

8 ‘United States worker’ means any worker, whether 

9 a national of the United States, an alien lawfully ad10 mitted for permanent residence, or any other alien, 

11 who is authorized to work in the job opportunity 

12 within the United States, except an alien admitted 

13 or otherwise provided status under section 

14 101(a)(15)(H)(ii)(a).’’. 

15 (b) TABLE OF CONTENTS.—The table of contents of 

16 the Immigration and Nationality Act (8 U.S.C. 1101 et 

17 seq.) is amended by striking the item relating to section 

18 218 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.’’. 

19 PART VI—FAMILY UNITY REFORMS 

20 SEC. 161. PROMOTING FAMILY UNITY. 

21 (a) UNLAWFULLY PRESENT ALIENS.—Section 

22 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended by striking 

23 subparagraphs (B) and (C) and inserting the following: 


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1 ‘‘(B) ALIENS UNLAWFULLY PRESENT.— 

2 ‘‘(i) IN GENERAL.—Subject to clause 

3 (iii), any alien (other than an alien lawfully 

4 admitted for permanent residence) who has 

5 been unlawfully present in the United 

6 States for 1 year or more is inadmissible 

7 until such time as the alien departs or is 

8 removed and remains outside of the United 

9 States for a period of 3 consecutive years. 

10 ‘‘(ii) CONSTRUCTION OF UNLAWFUL

11 PRESENCE.—For purposes of this para12 graph, an alien is deemed to be unlawfully 

13 present in the United States if the alien is 

14 present in the United States after the expi15 ration of the period of stay authorized by 

16 the Secretary or is present in the United 

17 States without being admitted or paroled. 

18 ‘‘(iii) EXCEPTIONS.— 

19 ‘‘(I) MINORS.—No period of time 

20 in which an alien is under 21 years of 

21 age shall be taken into account in de22 termining the period of unlawful pres23 ence in the United States under 

24 clause (i). 


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1 ‘‘(II) ASYLEES.—No period of 

2 time in which an alien has a bona fide 

3 application for asylum pending under 

4 section shall be taken into account in 

5 determining the period of unlawful 

6 presence in the United States under 

7 clause (i) unless the alien during such 

8 period was employed without author9 ization in the United States. 

10 ‘‘(III) FAMILY UNITY.—No pe11 riod of time in which the alien is a 

12 beneficiary of family unity protection 

13 pursuant to section of the Immigra14 tion Act of 1990 shall be taken into 

15 account in determining the period of 

16 unlawful presence in the United 

17 States under clause (I). 

18 ‘‘(IV) BATTERED WOMEN AND

19 CHILDREN.—Clause (i) shall not apply 

20 to an alien who would be described in 

21 paragraph (6)(A)(ii) if ‘violation of 

22 the terms of the alien’s nonimmigrant 

23 visa’ were substituted for ‘unlawful 

24 entry into the United States’ in sub25 clause (III) of that paragraph. 


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1 ‘‘(V) TRAFFICKING VICTIMS.— 

2 Clause (i) shall not apply to an alien 

3 who demonstrates that the severe 

4 form of trafficking (as that term is 

5 defined in section 103 of the Traf6 ficking Victims Protection Act of 

7 2000 (22 U.S.C. 7102)) was at least 

8 1 central reason for the alien’s unlaw9 ful presence in the United States. 

10 ‘‘(VI) IMMIGRANT VISAS.—Clause 

11 (i) shall not apply to an alien for 

12 whom an immigrant visa is available 

13 or was available on or before the date 

14 of the enactment of the Comprehen15 sive Immigration Reform Act of 2011, 

16 and is otherwise admissible to the 

17 United States for permanent resi18 dence. 

19 ‘‘(VII) PRIOR UNLAWFUL PRES20 ENCE.—Any unlawful presence ac21 crued by an alien as of the date of en22 actment of the Comprehensive Immi23 gration Reform Act of 2011 shall not 

24 be considered unlawful presence for 

25 the purpose of the subparagraph if 


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1 such alien was as of the date of enact2 ment of the Comprehensive Immigra3 tion Reform Act of 2011— 

4 ‘‘(aa) the beneficiary of a 

5 pending or approved petition for 

6 classification as an immediate 

7 relative (as described in section 

8 201(b)(2)); 

9 ‘‘(bb) the beneficiary of a 

10 pending or approved petition 

11 under section 203(a) or (b); or 

12 ‘‘(cc) a derivative beneficiary 

13 of a pending or approved petition 

14 for classification as an immediate 

15 relative or under section 203(a) 

16 or (b). 

17 ‘‘(iv) TOLLING FOR GOOD CAUSE.—In 

18 the case of an alien who— 

19 ‘‘(I) has been lawfully admitted 

20 or paroled into the United States; 

21 ‘‘(II) has filed a nonfrivolous ap22 plication for a change or extension of 

23 status before the date of expiration of 

24 the period of stay authorized by the 

25 Secretary; and 


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1 ‘‘(III) has not been employed 

2 without authorization in the United 

3 States before or during the pendency 

4 of such application, the calculation of 

5 the period of time specified in clause 

6 (i)(I) shall be tolled during the pend7 ency of such application, but not to 

8 exceed 120 days. 

9 ‘‘(v) WAIVER.—The Secretary may 

10 waive the applicability of clause (i) for an 

11 immigrant who is the spouse, son, daugh12 ter, or parent of a United States citizen or 

13 of an alien lawfully admitted for perma14 nent residence if the Secretary determines 

15 that— 

16 ‘‘(I) the refusal of admission to 

17 such immigrant alien would result in 

18 hardship to the alien or to the citizen 

19 or lawfully resident spouse, son, 

20 daughter, or parent of such alien; 

21 ‘‘(II) a waiver is necessary for 

22 humanitarian purposes or the public 

23 interest or to ensure family unity in 

24 the case of an alien who is eligible for 


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1 an immigrant visa under section 201 

2 or 203; or 

3 ‘‘(III) the alien should be per4 mitted to depart the United States 

5 voluntarily pursuant to section 

6 240B(a)(1).’’. 

7 (b) FALSE CLAIMS AND MISREPRESENTATIONS.— 

8 Title II (8 U.S.C. 1151 et seq.) is amended— 

9 (1) in section 212 (8 U.S.C. 1182)— 

10 (A) in subsection (a)(6)(C)— 

11 (i) in clause (ii), by inserting ‘‘and 

12 willfully’’ after ‘‘falsely’’ each place such 

13 term appears; and 

14 (ii) in clause (iii), by striking ‘‘of 

15 clause (i)’’; and 

16 (B) in subsection (i), by amending para17 graph (1) to read as follows: 

18 ‘‘(1) The Attorney General or the Secretary of 

19 Homeland Security may, in the discretion of the At20 torney General or the Secretary, waive the applica21 tion of subsection (a)(6)(C) if it is established to the 

22 satisfaction of the Attorney General or the Secretary 

23 that the refusal of admission to the United States 

24 would— 


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1 ‘‘(A) result in extreme hardship to the 

2 alien or, in the case of an immigrant who is the 

3 parent, spouse, son, or daughter of a United 

4 States citizen or of an alien lawfully admitted 

5 for permanent residence, to the citizen or law6 fully resident parent, spouse, son, or daughter; 

7 or 

8 ‘‘(B) in the case of a VAWA self-peti9 tioner, result in significant hardship to the alien 

10 or the alien’s United States citizen, lawful per11 manent resident, or qualified alien parent or 

12 child.’’; and 

13 (2) in section 237(a)(3)(D) (8 U.S.C. 

14 1227(a)(3)(D)), by inserting ‘‘and willfully’’ after 

15 ‘‘falsely’’ each place such term appears. 

16 SEC. 162. EFFECTIVE LEGALIZATION PROGRAM FUNDING. 

17 (a) DEPARTMENT OF HOMELAND SECURITY LEGAL18 IZATION PROGRAM ACCOUNT.— 

19 (1) ESTABLISHMENT.—There is established in 

20 the General Fund of the Treasury a separate ac21 count, which shall be known as the ‘‘Department of 

22 Homeland Security Legalization Program Account’’. 

23 (2) SOURCE OF FUNDS.—The Secretary of the 

24 Treasury shall immediately transfer such sums as 

25 the Secretary of Homeland Security determines to 


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1 be necessary from the General Fund of the Treasury 

2 to the Department of Homeland Security Legaliza3 tion Program Account. 

4 (3) AUTHORIZATION OF APPROPRIATIONS.— 

5 (A) IN GENERAL.—There are authorized to 

6 be appropriated, for the purposes described in 

7 subparagraph (B), such sums as are trans8 ferred pursuant to paragraph (2), which shall 

9 remain available for obligation during the 10- 

10 year period beginning on the date of the enact11 ment of this Act. 

12 (B) USE OF FUNDS.—Amounts appro13 priated pursuant to subparagraph (A) may be 

14 used by the Secretary to implement and operate 

15 the legalization programs and activities de16 scribed in this subtitle, including— 

17 (i) infrastructure, staffing, and adju18 dication activities; 

19 (ii) outreach activities; 

20 (iii) grants to community and faith21 based organizations; and 

22 (iv) anti-fraud programs and actions 

23 relating to such legalization programs. 

24 (4) REPORT.— 


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1 (A) IN GENERAL.—Not later than 90 days 

2 after the date of the enactment of this Act, and 

3 annually thereafter, the Secretary shall provide 

4 a plan to the congressional committees set forth 

5 in subparagraph (B) that describes how funds 

6 made available under paragraph (3) will be ex7 pended, including— 

8 (i) 1-time and on-going costs; 

9 (ii) the level of funding for each pro10 gram, project, and activity, including 

11 whether such funding will supplement a 

12 program, project, or activity receiving Fed13 eral funding otherwise appropriated; and 

14 (iii) the amount of funding to be obli15 gated in each fiscal year, by program, 

16 project, and activity. 

17 (B) CONGRESSIONAL COMMITTEES.—The 

18 congressional committees set forth in the sub19 paragraph are— 

20 (i) the Committee on the Judiciary of 

21 the Senate; 

22 (ii) the Committee on Appropriations 

23 of the Senate; 

24 (iii) the Committee on the Judiciary 

25 of the House of Representatives; and 


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1 (iv) the Committee on Appropriations 

2 of the House of Representatives. 

3 (b) DEPARTMENT OF STATE LEGALIZATION PRO4 GRAM ACCOUNT.— 

5 (1) ESTABLISHMENT.—There is established in 

6 the General Fund of the Treasury a separate ac7 count, which shall be known as the ‘‘Department of 

8 State Legalization Program Account’’. 

9 (2) SOURCE OF FUNDS.—The Secretary of the 

10 Treasury shall immediately transfer such sums as 

11 the Secretary of State determines to be necessary 

12 from the General Fund of the Treasury to the De13 partment of State Legalization Program Account. 

14 (3) AUTHORIZATION OF APPROPRIATIONS.— 

15 (A) IN GENERAL.—There are authorized to 

16 be appropriated, for the purposes described in 

17 subparagraph (B), such sums as are trans18 ferred pursuant to paragraph (2), which shall 

19 remain available for obligation during the 10- 

20 year period beginning on the date of the enact21 ment of this Act. 

22 (B) USE OF FUNDS.—Amounts appro23 priated pursuant to subparagraph (A) may be 

24 used by the Secretary of State to implement 


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1 and operate the legalization programs and ac2 tivities described in this subtitle, including— 

3 (i) infrastructure, staffing, and adju4 dication activities; 

5 (ii) outreach activities; and 

6 (iii) anti-fraud programs and actions 

7 relating to such legalization programs. 

8 (4) REPORT.—Not later than 90 days after the 

9 date of the enactment of this Act, and annually 

10 thereafter, the Secretary of State shall provide a 

11 plan to the congressional committees set forth in 

12 subsection (a)(4)(B) that describes how funds made 

13 available under paragraph (3) will be expended, in14 cluding— 

15 (A) 1-time and on-going costs; 

16 (B) the level of funding for each program, 

17 project, and activity, including whether such 

18 funding will supplement a program, project, or 

19 activity receiving Federal funding otherwise ap20 propriated; and 

21 (C) the amount of funding to be obligated 

22 in each fiscal year, by program, project, and ac23 tivity. 

24 (c) IMMIGRATION REFORM PENALTY ACCOUNT.— 


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1 (1) ESTABLISHMENT.—There is established in 

2 the General Fund of the Treasury a separate ac3 count, which shall be known as the ‘‘Immigration 

4 Reform Penalty Account’’. 

5 (2) SOURCE OF FUNDS.—Notwithstanding any 

6 other provision of this Act, there shall be deposited 

7 into the Immigration Reform Penalty Account all 

8 civil penalties collected under section 274A of the 

9 Immigration and Nationality Act (8 U.S.C. 1324a) 

10 and this subtitle, except as specifically provided oth11 erwise in this subtitle. 

12 (3) USE OF FUNDS.—Amounts deposited into 

13 the Immigration Reform Penalty Account shall re14 main available to the Secretary until expended in the 

15 following priority order: 

16 (A) Any costs incurred in implementing 

17 and operating the immigration services pro18 grams described in this subtitle that are not 

19 otherwise paid for with— 

20 (i) funds from the Department of 

21 Homeland Security Legalization Program 

22 Account; or 

23 (ii) processing fees described in sec24 tion 111(c)(4)(A). 


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1 (B) Any amount remaining in the account 

2 after the costs described in subparagraph (A) 

3 have been paid for shall be deposited into the 

4 General Fund of the Treasury to the extent 

5 necessary to reimburse the General Fund for 

6 funds transferred to the Department of Home7 land Security Legalization Program Account 

8 under subsection (a)(2). 

9 (C) Of the amount, if any, remaining in 

10 the account after the reimbursement described 

11 in subparagraph (B)— 

(i) 1 12 ⁄3 shall be allocated to the Sec13 retary to carry out investigation and pre14 vention of fraud in— 

15 (I) the legalization programs es16 tablished under this subtitle; and 

17 (II) the employment verification 

18 programs established under subtitle 

19 B; 

(ii) 1 20 ⁄3 shall be allocated to the Sec21 retary for immigrant integration programs, 

22 including English-language and United 

23 States civics instruction; 

(iii) 1 24 ⁄6 shall be allocated to the Sec25 retary for immigration services; and 


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(iv) 1 1 ⁄6 shall be allocated to the Sec2 retary for immigration enforcement. 

3 (d) CONSTRUCTION.—Nothing in this section may be 

4 construed to modify or limit any authority to collect and 

5 use immigration fees under this Act, section 286 of the 

6 Immigration and Nationality Act (8 U.S.C. 1356), or any 

7 other law. 

8 Subtitle B—Worksite Enforcement 

9 SEC. 171. UNLAWFUL EMPLOYMENT OF ALIENS. 

10 (a) Section 274A of the Immigration and Nationality 

11 Act (8 U.S.C. 1324a) is amended to read as follows: 

12 ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED 

13 ALIENS. 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) IN GENERAL.—It is unlawful for an em16 ployer— 

17 ‘‘(A) to hire an alien for employment in 

18 the United States knowing or with reckless dis19 regard that the alien is an unauthorized alien 

20 with respect to such employment; or 

21 ‘‘(B) to hire for employment in the United 

22 States an individual without complying with the 

23 requirements under subsections (c) and (d). 

24 ‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw25 ful for an employer, after hiring an alien for employVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 ment, to continue to employ the alien in the United 

2 States knowing or with reckless disregard that the 

3 alien is, or has become, an unauthorized alien with 

4 respect to such employment. Nothing in this section 

5 may be construed to prohibit or to require the em6 ployment of an authorized employee who was pre7 viously unauthorized. 

8 ‘‘(3) USE OF LABOR THROUGH CONTRACT.— 

9 ‘‘(A) IN GENERAL.—Any person or entity 

10 who uses a contract, subcontract, or exchange 

11 to obtain the labor of an alien in the United 

12 States knowing or with reckless disregard that 

13 the alien is an unauthorized alien with respect 

14 to performing such labor, shall be deemed to 

15 have hired the alien for employment in the 

16 United States in violation of subparagraph 

17 (a)(1)(A). 

18 ‘‘(B) CONTRACT REQUIREMENT.—For pur19 poses of ensuring compliance with Federal im20 migration law, the Secretary may require by 

21 regulation that a person or entity include in a 

22 written contract or subcontract an effective and 

23 enforceable requirement that the contractor or 

24 subcontractor adhere to the immigration laws, 

25 including the use of an employment verification 


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1 system (referred to in this section as the ‘Sys2 tem’). 

3 ‘‘(C) CONFIRMATION PROCEDURES.—The 

4 Secretary may establish procedures by which a 

5 person or entity may obtain confirmation from 

6 the Secretary that the contractor or subcon7 tractor has registered with the System and is 

8 utilizing the System to verify its employees. 

9 ‘‘(D) OTHER REQUIREMENTS.—The Sec10 retary may establish such other requirements 

11 for persons or entities using contractors or sub12 contractors, including procedures adapted to 

13 different employment sectors, as the Secretary 

14 deems necessary to prevent knowing violations 

15 of this paragraph. 

16 ‘‘(4) DEFENSE.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graphs (B) and (C), an employer that estab19 lishes that it has complied in good faith with 

20 the requirements under paragraphs (1) through 

21 (4) of subsection (c) (pertaining to document 

22 verification requirements) and subsection (d) 

23 (pertaining to the use of the System) has estab24 lished an affirmative defense that the employer 

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1 spect to such hiring until such time as the Sec2 retary has required an employer to participate 

3 in the System. 

4 ‘‘(B) VOLUNTARY PARTICIPATION.—If an 

5 employer is participating on a voluntary basis 

6 pursuant to subsection (d), a defense may be 

7 established under this paragraph without a 

8 showing of compliance with subsection (d). 

9 ‘‘(C) ADDITIONAL REQUIREMENTS.—To 

10 establish a defense under this paragraph, the 

11 employer shall also be in compliance with any 

12 additional requirements that the Secretary may 

13 promulgate by regulation pursuant to sub14 sections (c) and (d). 

15 ‘‘(5) PRESUMPTION.—An employer is presumed 

16 to have acted with knowledge or reckless disregard 

17 if the employer fails to comply with written stand18 ards, procedures, or instructions issued by the Sec19 retary. 

20 ‘‘(b) DEFINITIONS.—In this section: 

21 ‘‘(1) EMPLOYER.—The term ‘employer’— 

22 ‘‘(A) means any person or entity hiring an 

23 individual for employment in the United States, 

24 including— 


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•S 1258 IS

1 ‘‘(i) any person or entity who is an 

2 agent acting on behalf of an employer; and 

3 ‘‘(ii) entities in any branch of the 

4 Federal Government; and 

5 ‘‘(B) does not include a person or entity 

6 with fewer than 5 full- or part-time employees, 

7 for purposes of any requirement to participate 

8 in the System under subsection (d), except as 

9 it relates to subsection (d)(2)(H). 

10 ‘‘(2) UNAUTHORIZED ALIEN.—The term ‘unau11 thorized alien’ means, with respect to the employ12 ment of an alien at a particular time, that the alien 

13 is not— 

14 ‘‘(A) an alien lawfully admitted for perma15 nent residence; or 

16 ‘‘(B) authorized to be so employed under 

17 this Act or by the Secretary. 

18 ‘‘(c) DOCUMENT VERIFICATION REQUIREMENTS.— 

19 Any employer hiring an individual for employment in the 

20 United States shall take the following steps, and those 

21 provided in subsection (d), to verify that the individual 

22 is authorized to work in the United States: 

23 ‘‘(1) ATTESTATION AFTER EXAMINATION OF

24 DOCUMENTATION.— 


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1 ‘‘(A) IN GENERAL.—The employer shall at2 test, under penalty of perjury and on a form 

3 prescribed by the Secretary, that it has verified 

4 the identity and employment authorization sta5 tus of the individual by examining— 

6 ‘‘(i) a document described in subpara7 graph (B); or 

8 ‘‘(ii) a document described in sub9 paragraph (C) and a document described 

10 in subparagraph (D). 

11 The form prescribed by the Secretary may be 

12 electronic or on paper, and may be integrated 

13 electronically with the requirements under sub14 section (d), if the Secretary determines that 

15 combining the requirements in (c) and (d) 

16 would improve efficiency of the verification re17 quirements. Such attestation may be manifested 

18 by either a handwritten or digital signature. An 

19 employer has complied with the requirements of 

20 this paragraph with respect to examination of 

21 documentation if the employer has followed ap22 plicable regulations and any written procedures 

23 or instructions provided by the Secretary, and 

24 if a reasonable person would conclude that the 

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1 dividual presenting it, taking into account any 

2 information provided to the employer by the 

3 Secretary, including photographs and other bio4 metric information. 

5 ‘‘(B) DOCUMENTS ESTABLISHING BOTH

6 EMPLOYMENT AUTHORIZATION AND IDEN7 TITY.—A document described in this subpara8 graph is an individual’s— 

9 ‘‘(i) United States passport or pass10 port card issued pursuant to the Secretary 

11 of State’s authority under section 211a of 

12 title 22, United States Code; 

13 ‘‘(ii) permanent resident card or other 

14 document issued to aliens authorized to 

15 work in the United States, as designated 

16 by the Secretary, if the document— 

17 ‘‘(I) contains a photograph of the 

18 individual, other biometric data such 

19 as fingerprints, or such other personal 

20 identifying information relating to the 

21 individual as the Secretary finds, by 

22 regulation, sufficient for the purposes 

23 of this subsection; 


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1 ‘‘(II) is evidence of authorization 

2 for employment in the United States; 

3 and 

4 ‘‘(III) contains security features 

5 to make it resistant to tampering, 

6 counterfeiting, and fraudulent use; 

7 ‘‘(iii) enhanced driver’s license, en8 hanced identification card, or enhanced 

9 tribal card issued to a citizen of the United 

10 States, provided that the Secretary has 

11 certified by notice published in the Federal 

12 Register that such enhanced document is 

13 suitable for use under this subparagraph 

14 based upon the accuracy and security of 

15 the issuance process, security features on 

16 the document, and such other factors as 

17 the Secretary may determine; or 

18 ‘‘(iv) a passport issued by the Fed19 erated States of Micronesia (FSM) or the 

20 Republic of the Marshall Islands (RMI) 

21 with evidence of nonimmigrant admission 

22 to the United States under the Compact of 

23 Free Association between the United 

24 States and the FSM or the RMI. 


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1 ‘‘(C) DOCUMENTS ESTABLISHING IDEN2 TITY OF INDIVIDUAL.—A document described in 

3 this subparagraph includes— 

4 ‘‘(i) an individual’s driver’s license or 

5 identity card issued by a State or an out6 lying possession of the United States, a 

7 Federally recognized Indian tribe, or an 

8 agency (including military) of the Federal 

9 government if the driver’s license or iden10 tity card includes, at a minimum,— 

11 ‘‘(I) the individual’s photograph, 

12 name, date of birth, gender, and driv13 er’s license or identification card num14 ber, and 

15 ‘‘(II) security features to make it 

16 resistant to tampering, counterfeiting, 

17 and fraudulent use, or 

18 ‘‘(ii) for individuals under 18 years of 

19 age who are unable to present a document 

20 listed in clause (i), documentation of per21 sonal identity of such other type as the 

22 Secretary finds provides a reliable means 

23 of identification, which may include an at24 testation as to the individual’s identity by 


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1 a person 21 years of age or older under 

2 penalty of perjury. 

3 ‘‘(D) DOCUMENTS EVIDENCING EMPLOY4 MENT AUTHORIZATION.—All documents shall be 

5 unexpired. The following documents may be ac6 cepted as evidence of employment authoriza7 tion— 

8 ‘‘(i) a Social Security account number 

9 card issued by the Commissioner of Social 

10 Security (referred to in this section as the 

11 ‘Commissioner’) other than a card which 

12 specifies on its face that the card is not 

13 valid for employment in the United States 

14 or has other similar words of limitation. 

15 The Secretary, in consultation with the 

16 Commissioner, may require by publication 

17 of a notice in the Federal Register that 

18 only a Social Security account number 

19 card described in section 173 of the CIR 

20 Act of 2011 be accepted for this purpose; 

21 or 

22 ‘‘(ii) any other documentation evidenc23 ing authorization of employment in the 

24 United States which the Secretary deter25 mines, by notice published in the Federal 


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1 Register, to be acceptable for purposes of 

2 this section, provided that the document, 

3 including any electronic security measures 

4 linked to the document, contains security 

5 features to make it resistant to tampering, 

6 counterfeiting, and fraudulent use. 

7 ‘‘(E) AUTHORITY TO PROHIBIT USE OF

8 CERTAIN DOCUMENTS.—If the Secretary finds 

9 that any document or class of documents de10 scribed in subparagraph (B), (C), or (D) does 

11 not reliably establish employment authorization 

12 or identity or is being used fraudulently to an 

13 unacceptable degree, the Secretary may prohibit 

14 or restrict the use of that document or class of 

15 documents for purposes of this subsection. 

16 ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY17 MENT AUTHORIZATION.—The individual shall attest, 

18 under penalty of perjury in the form prescribed by 

19 the Secretary, that the individual is a citizen or na20 tional of the United States, an alien lawfully admit21 ted for permanent residence, or an alien who is au22 thorized under this Act or by the Secretary to be 

23 hired for such employment. Such attestation may be 

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1 curity Account Number issued to the individual on 

2 such form. 

3 ‘‘(3) RETENTION OF VERIFICATION RECORD.— 

4 After completion of such form in accordance with 

5 paragraphs (1) and (2), the employer shall retain a 

6 paper, microfiche, microfilm, or electronic version of 

7 the form, according to such standards as the Sec8 retary may provide, and make it available for inspec9 tion by officers or employees of the Department of 

10 Homeland Security (or persons designated by the 

11 Secretary), the Special Counsel for Immigration-Re12 lated Unfair Employment Practices, or the Depart13 ment of Labor during a period beginning on the date 

14 of the hiring of the individual and ending 7 years 

15 after such date of hiring, or 2 years after the date 

16 the individual’s employment is terminated, whichever 

17 is later. 

18 ‘‘(4) COPYING OF DOCUMENTATION AND REC19 ORDKEEPING REQUIRED.— 

20 ‘‘(A) Notwithstanding any other provision 

21 of law, the employer shall copy all documents 

22 presented by an individual pursuant to this sub23 section and shall retain a paper, microfiche, 

24 microfilm, or electronic copy, but only (except 

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1 poses of complying with the requirements of 

2 this section and section 274B. Such copies may 

3 be required to reflect the signatures of the em4 ployer and the employee, as well as the date of 

5 receipt. The Secretary may authorize or require 

6 an alternative method of storing and authen7 ticating the employee’s documentation informa8 tion if the Secretary determines that such alter9 native method is more secure or efficient. 

10 ‘‘(B) The employer shall maintain records 

11 of all actions and copies of any correspondence 

12 or action taken by the employer to clarify or re13 solve any issue as to the validity of the individ14 ual’s identity or employment authorization. 

15 ‘‘(C) The employer shall maintain the 

16 records described in this paragraph for any em17 ployee for the period of time required by para18 graph (3) for retention of that employee’s 

19 verification form. The Secretary may prescribe 

20 the manner of recordkeeping and may require 

21 that additional records be kept or that addi22 tional documents be copied and maintained. 

23 The Secretary in furtherance of an investigation 

24 based on reasonable suspicion of a violation of 

25 this act, may require that these documents be 


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1 transmitted electronically for purposes of au2 thorized inspections or other enforcement ac3 tions, and may develop automated capabilities 

4 to request such documents. 

5 ‘‘(D) An employer shall safeguard any in6 formation retained under this paragraph and 

7 paragraph (3) and protect any means of access 

8 to such information to ensure that such infor9 mation is not used for any purpose other than 

10 as authorized in this paragraph or paragraph 

11 (3) or to determine the identity and employ12 ment eligibility of the individual, and to protect 

13 the confidentiality of such information, includ14 ing ensuring that such information is not pro15 vided to any person other than a person who 

16 carries out the employer’s responsibilities under 

17 this subsection, except as provided in paragraph 

18 (3). 

19 ‘‘(5) PENALTIES.—An employer that fails to 

20 comply with any requirement of this subsection shall 

21 be penalized under subsection (e)(4)(B). 

22 ‘‘(6) PROTECTION OF CIVIL RIGHTS.— 

23 ‘‘(A) Nothing in this section shall be con24 strued to prohibit any reasonable accommoda25 tion necessary to protect the religious freedom 


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1 of any individual, or to ensure access to employ2 ment opportunities of any disabled individual. 

3 ‘‘(B) The employer shall use the proce4 dures for document verification set forth in this 

5 paragraph for all employees without regard to 

6 race, sex, national origin, or, unless specifically 

7 permitted in this section, to citizenship status. 

8 ‘‘(7) RECEIPTS.—The Secretary shall provide 

9 for the use of receipts for replacement documents, 

10 and temporary evidence of employment authorization 

11 by an individual to meet a documentation require12 ment of this subsection on a temporary basis not to 

13 exceed 1 year, pending satisfaction by the individual 

14 of such requirement. 

15 ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.— 

16 ‘‘(1) IN GENERAL.— 

17 ‘‘(A) The Secretary, in consultation with 

18 the Commissioner, shall implement and specify 

19 the procedures for the System. The partici20 pating employers shall timely register with the 

21 System and shall use the System as described 

22 in subsection (d)(5). 

23 ‘‘(B) The Secretary shall create the nec24 essary processes to monitor the functioning of 

25 the System, including the volume of the 


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1 workflow, the speed of processing of queries, 

2 the speed and accuracy of responses, misuse of 

3 the System, fraud or identity theft, whether use 

4 of the System results in wrongful adverse ac5 tions or discrimination based upon a prohibited 

6 factor against U.S. citizens or employment au7 thorized aliens, and the security, integrity and 

8 privacy of the program. 

9 ‘‘(2) IMPLEMENTATION SCHEDULE.— 

10 ‘‘(A) FEDERAL GOVERNMENT.—All em11 ployers within the Executive, Legislative, or Ju12 dicial Branches of the Federal Government 

13 shall participate in the System on or after the 

14 date of enactment of this subsection as fol15 lows— 

16 ‘‘(i) as of the date of enactment, to 

17 the extent required by section 402(e)(1) of 

18 the Illegal Immigration Reform and Immi19 grant Responsibility Act of 1996 as al20 ready implemented by each Branch; or 

21 ‘‘(ii) on or after the date that is 60 

22 days after the date of enactment of this 

23 subsection, 


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1 whichever is earlier, with respect to all newly 

2 hired employees and employees with expiring 

3 employment authorization. 

4 ‘‘(B) FEDERAL CONTRACTORS.—Federal 

5 contractors shall participate in the System as 

6 provided in the final rule published at 73 Fed7 eral Register 67,651 (Nov. 14, 2008), or any 

8 subsequent amendments to such rule, for which 

9 purpose references to E–Verify in the final rule 

10 shall be construed to apply to the System. 

11 ‘‘(C) CRITICAL INFRASTRUCTURE.—As of 

12 the date that is 1 year after the end of the ap13 plication period for lawful protective status 

14 under section 111(c)(1)(B) of the Comprehen15 sive Immigration Reform Act of 2011, the Sec16 retary, in the Secretary’s discretion, with notice 

17 to the public provided in the Federal Register, 

18 may require any employer or industry which the 

19 Secretary determines to be part of the critical 

20 infrastructure or directly related to the national 

21 security or homeland security of the United 

22 States to participate in the System with respect 

23 to all newly hired employees and employees with 

24 expiring employment authorization. The Sec25 retary shall notify employers subject to this 


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1 subparagraph no less than 60 days prior to 

2 such required participation. 

3 ‘‘(D) EMPLOYERS WITH MORE THAN 1,000

4 EMPLOYEES.—Not later than 2 years after the 

5 end of the application period for lawful protec6 tive status under section 111(c)(1)(B), all em7 ployers with more than 1,000 employees shall 

8 participate in the System with respect to all 

9 newly hired employees and employees with ex10 piring employment authorization. 

11 ‘‘(E) EMPLOYERS WITH MORE THAN 500

12 EMPLOYEES.—Not later than 3 years after the 

13 end of the application period for lawful protec14 tive status under section 111(c)(1)(B), all em15 ployers with more than 500 employees shall 

16 participate in the System with respect to all 

17 newly hired employees and employees with ex18 piring employment authorization. 

19 ‘‘(F) EMPLOYERS WITH MORE THAN 100

20 EMPLOYEES.—Not later than 4 years after the 

21 end of the application period for lawful protec22 tive status under section 111(c)(1)(B), all em23 ployers with more than 100 employees shall 

24 participate in the System with respect to all 


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1 newly hired employees and employees with ex2 piring employment authorization. 

3 ‘‘(G) ALL EMPLOYERS.—Not later than 5 

4 years after the end of the application period for 

5 lawful protective status under section 

6 111(c)(1)(B), all employers shall participate in 

7 the System with respect to all newly hired em8 ployees and employees with expiring employ9 ment authorization. 

10 ‘‘(H) WAIVER.— 

11 ‘‘(i) AUTHORIZATION.—The Secretary 

12 of Homeland Security may waive or delay 

13 the participation requirements under this 

14 paragraph with respect to any employer or 

15 class of employers if the Secretary provides 

16 notice to Congress of such waiver before 

17 the date on which such waiver is granted. 

18 ‘‘(ii) REQUIREMENT.—The Secretary 

19 of Homeland Security shall waive or delay 

20 the participation requirements under this 

21 paragraph with respect to any employer or 

22 class of employers— 

23 ‘‘(I) until the date on which the 

24 Comptroller General of the United 


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1 States submits the initial certification 

2 under paragraph (10)(E); and 

3 ‘‘(II) during any year in which 

4 the Comptroller General fails to sub5 mit a certification under such para6 graph. 

7 ‘‘(I) IMMIGRATION LAW VIOLATORS.—An 

8 order finding any employer to have violated sec9 tion 274A, 274B, or 274C shall require the em10 ployer to participate in the System with respect 

11 to newly hired employees and employees with 

12 expiring employment authorization, if such em13 ployer is not otherwise required to participate 

14 in the System by this section. The Secretary 

15 shall monitor such employer’s compliance with 

16 System procedures. 

17 ‘‘(3) PARTICIPATION IN THE SYSTEM.—The 

18 Secretary may— 

19 ‘‘(A) permit any employer that is not re20 quired under this section to participate in the 

21 System to do so on a voluntary basis; and 

22 ‘‘(B) require any employer that is required 

23 to participate in the System with respect to its 

24 newly hired employees also to do so with respect 

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1 termined by the Secretary or other appropriate 

2 authority to have engaged in any violation of 

3 the immigration laws. 

4 ‘‘(4) CONSEQUENCE OF FAILURE TO PARTICI5 PATE.—If an employer is required under this sub6 section to participate in the System and fails to 

7 comply with the requirements of such program with 

8 respect to an individual— 

9 ‘‘(A) such failure shall be treated as a vio10 lation of subsection (a)(1)(B) with respect to 

11 that individual, and 

12 ‘‘(B) a rebuttable presumption is created 

13 that the employer has violated paragraph 

14 (1)(A) or (2) of subsection (a), except in the 

15 case of any criminal prosecution. 

16 ‘‘(5) PROCEDURES FOR PARTICIPANTS IN THE

17 SYSTEM.— 

18 ‘‘(A) IN GENERAL.—An employer partici19 pating in the System shall register such partici20 pation with the Secretary and conform to the 

21 following procedures in the event of hiring any 

22 individual for employment in the United 

23 States— 

24 ‘‘(i) REGISTRATION OF EMPLOYERS.— 

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1 eral Register, shall prescribe procedures 

2 that employers shall follow to register with 

3 the System. In prescribing these proce4 dures, the Secretary shall have authority to 

5 require employers to provide— 

6 ‘‘(I) employer’s name; 

7 ‘‘(II) employer’s Employment 

8 Identification Number (EIN) and 

9 such other employer identification in10 formation as the Secretary may des11 ignate; 

12 ‘‘(III) company address; 

13 ‘‘(IV) name, date of birth, and 

14 position of the employer’s employees 

15 accessing the System; 

16 ‘‘(V) the information described in 

17 subclauses (I) through (IV) of this 

18 clause with respect to any agent, con19 tractor, or other service provider ac20 cessing the System on the employer’s 

21 behalf; and 

22 ‘‘(VI) such other information as 

23 the Secretary deems necessary to en24 sure proper use and security of the 

25 System. 


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1 ‘‘(ii) UPDATING INFORMATION.—The 

2 employer is responsible for providing notice 

3 of any change to the information required 

4 under subclauses (I) through (V) of clause 

5 (i) before conducting any further inquiries 

6 within the System, or on such other sched7 ule as the Secretary may provide. 

8 ‘‘(iii) TRAINING.—The Secretary shall 

9 require employers to undergo such training 

10 to ensure proper use, protection of civil 

11 rights and civil liberties, privacy, integrity 

12 and security of the System. To the extent 

13 practicable, such training shall be made 

14 available electronically. 

15 ‘‘(iv) NOTIFICATION TO EMPLOY16 EES.—The employer shall post notice or 

17 otherwise inform individuals hired for em18 ployment of the use of the System, that 

19 the System may be used for immigration 

20 enforcement purposes, and that the System 

21 cannot be used to discriminate or to take 

22 adverse action against U.S. citizens or em23 ployment authorized aliens. 

24 ‘‘(v) PROVISION OF ADDITIONAL IN25 FORMATION.—The employer shall obtain 


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1 from the individual (and the individual 

2 shall provide) and shall record in such 

3 manner as the Secretary may specify— 

4 ‘‘(I) the individual’s Social Secu5 rity account number, or any other in6 formation relevant to determining citi7 zenship as the Secretary of Homeland 

8 Security may specify, 

9 ‘‘(II) if the individual does not 

10 attest to United States nationality 

11 under subsection (c)(2), such identi12 fication or authorization number es13 tablished by the Department of 

14 Homeland Security as the Secretary 

15 of Homeland Security shall specify, 

16 and 

17 ‘‘(III) such other information as 

18 the Secretary may require to deter19 mine the identity and employment au20 thorization of an employee. 

21 ‘‘(vi) PRESENTATION OF DOCUMENTA22 TION.—The employer, and the individual 

23 whose identity and employment eligibility 

24 are being confirmed, shall fulfill the re25 quirements of subsection (c). 


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1 ‘‘(B) SEEKING CONFIRMATION.— 

2 ‘‘(i) The employer shall use the Sys3 tem to provide to the Secretary all required 

4 information in order to initiate confirma5 tion of the identity and employment eligi6 bility of any individual no earlier than the 

7 date upon which the individual has accept8 ed an offer of employment, and no later 

9 than 3 business days, or such other rea10 sonable period as the Secretary may pro11 vide, after the date when employment be12 gins. An employer may not, however, make 

13 the starting date of an individual’s employ14 ment or training or any other term and 

15 condition of employment dependent on the 

16 receipt of a confirmation of identity and 

17 employment eligibility. 

18 ‘‘(ii) For reverification of an indi19 vidual with a limited period of employment 

20 authorization, all required System proce21 dures shall be initiated no later than 3 

22 business days after the date the individ23 ual’s employment authorization expires. 

24 ‘‘(iii) For those employers required by 

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1 force, the System can be used for initial 

2 verification of an individual hired before 

3 the employer is subject to the System, and 

4 the employer shall initiate all required pro5 cedures on or before such date as the Sec6 retary shall specify. 

7 ‘‘(iv) The Secretary shall provide, and 

8 the employer shall utilize, as part of the 

9 System, a method of notifying employers of 

10 a confirmation or nonconfirmation of an 

11 individual’s identity and employment eligi12 bility, or a notice that further action is re13 quired to verify such identity or employ14 ment eligibility (‘further action notice’). 

15 The Secretary and the Commissioner shall 

16 establish procedures to directly notify the 

17 individual, as well as the employer, of a 

18 confirmation, nonconfirmation, or further 

19 action notice, and provide information 

20 about filing an administrative appeal pur21 suant to paragraph (7). The Secretary and 

22 the Commissioner may provide for a 

23 phased-in implementation of the notifica24 tion requirements of this clause as appro25 priate, but the notification system shall 


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1 cover all inquiries not later than 5 years 

2 after the date of the enactment of the CIR 

3 Act of 2011. 

4 ‘‘(C) CONFIRMATION OR NONCONFIRMA5 TION.— 

6 ‘‘(i) INITIAL RESPONSE.—The System 

7 shall provide a confirmation of an individ8 ual’s identity and employment eligibility or 

9 a further action notice at the time of the 

10 inquiry, unless for technological reasons or 

11 due to unforeseen circumstances, the Sys12 tem is unable to provide such confirmation 

13 or further action notice. In such situations, 

14 the System shall provide a confirmation or 

15 further action notice within 3 business 

16 days of the initial inquiry. If providing a 

17 confirmation or further action notice, the 

18 System shall provide an appropriate code 

19 indicating such confirmation or such fur20 ther action notice. 

21 ‘‘(ii) CONFIRMATION UPON INITIAL

22 INQUIRY.—When the employer receives an 

23 appropriate confirmation of an individual’s 

24 identity and employment eligibility under 

25 the System, the employer shall record the 


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1 confirmation in such manner as the Sec2 retary may specify. 

3 ‘‘(iii) FURTHER ACTION NOTICE AND

4 LATER CONFIRMATION OR NONCONFIRMA5 TION.— 

6 ‘‘(I) NOTIFICATION AND AC7 KNOWLEDGMENT THAT FURTHER AC8 TION IS REQUIRED.—Not later than 3 

9 business days after an employer’s re10 ceipt of a further action notice of an 

11 individual’s identity or employment 

12 eligibility under the System, the em13 ployer shall notify the individual for 

14 whom the confirmation is sought of 

15 the further action notice and any pro16 cedures specified by the Secretary for 

17 addressing such notice. The further 

18 action notice shall be given to the in19 dividual in writing. The individual 

20 shall affirmatively acknowledge in 

21 writing, or in such other manner as 

22 the Secretary may specify, the receipt 

23 of the further action notice from the 

24 employer. If the individual refuses to 

25 acknowledge the receipt of the further 


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1 action notice, or acknowledges in writ2 ing that he or she will not contest the 

3 further action notice under subclause 

4 (II), the employer shall notify the Sec5 retary in such manner as the Sec6 retary may specify. 

7 ‘‘(II) CONTEST.—Not later than 

8 15 business days after receiving noti9 fication of a further action notice 

10 under subclause (I), the individual 

11 shall contact the appropriate Federal 

12 agency and, if the Secretary so re13 quires, appear in person for purposes 

14 of verifying the individual’s identity 

15 and employment eligibility. The em16 ployer shall provide the individual 

17 with time as needed during daytime 

18 hours to contest the further action no19 tice. The Secretary, in consultation 

20 with the Commissioner and other ap21 propriate Federal agencies, shall 

22 specify an available secondary 

23 verification procedure to confirm the 

24 validity of information provided and 


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1 to provide a confirmation or noncon2 firmation. 

3 ‘‘(III) NO CONTEST.—If the indi4 vidual refuses to acknowledge receipt 

5 of the further action notice, acknowl6 edges that he or she will not contest 

7 the further action notice as provided 

8 in subclause (I), or does not contact 

9 the appropriate Federal agency within 

10 the period specified in subclause (II), 

11 a nonconfirmation shall issue. The 

12 employer shall record the noncon13 firmation in such manner as the Sec14 retary may specify and terminate the 

15 individual’s employment. An individ16 ual’s failure to contest a further ac17 tion notice shall not be considered an 

18 admission of guilt with respect to any 

19 violation of this section or any provi20 sion of law. 

21 ‘‘(IV) CONFIRMATION OR NON22 CONFIRMATION.—Unless the period is 

23 extended in accordance with this sub24 clause, the System shall provide a 

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1 in 15 business days from the date 

2 that the individual contests the fur3 ther action notice under subclause 

4 (II). If the Secretary determines that 

5 good cause exists, including to permit 

6 the individual to obtain and provide 

7 needed evidence of identity or employ8 ment eligibility, the Secretary shall ex9 tend the period for providing con10 firmation or nonconfirmation for stat11 ed periods beyond 15 business days. 

12 When confirmation or nonconfirma13 tion is provided, the confirmation sys14 tem shall provide an appropriate code 

15 indicating such confirmation or non16 confirmation. 

17 ‘‘(V) RE-EXAMINATION.—Noth18 ing in this section shall prevent the 

19 Secretary from establishing proce20 dures to reexamine a case where a 

21 confirmation or nonconfirmation has 

22 been provided if subsequently received 

23 information indicates that the con24 firmation or nonconfirmation may not 

25 have been correct. 


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1 ‘‘(VI) EMPLOYEE PROTEC2 TIONS.—In no case shall an employer 

3 terminate employment or take any 

4 other adverse action against an indi5 vidual solely because of a failure of 

6 the individual to have identity and 

7 employment eligibility confirmed 

8 under this subsection until a noncon9 firmation has been issued, and if the 

10 further action notice was contested, 

11 the period to timely file an adminis12 trative appeal has expired without an 

13 appeal, or in the case where an ad14 ministrative appeal or an action for 

15 judicial review has been filed, or the 

16 stay of the nonconfirmation has been 

17 terminated. 

18 ‘‘(iv) NOTICE OF NONCONFIRMA19 TION.—Not later than 3 business days 

20 after an employer’s receipt of a noncon21 firmation, the employer shall notify the in22 dividual who is the subject of the noncon23 firmation, and provide information about 

24 filing an administrative appeal pursuant to 

25 paragraph (7). The nonconfirmation notice 


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1 shall be given to the individual in writing. 

2 The individual shall affirmatively acknowl3 edge in writing, or in such other manner 

4 as the Secretary may specify, the receipt of 

5 the nonconfirmation notice from the em6 ployer. If the individual refuses or fails to 

7 acknowledge the receipt of the noncon8 firmation notice, the employer shall notify 

9 the Secretary in such manner as the Sec10 retary may specify. 

11 ‘‘(D) CONSEQUENCES OF NONCONFIRMA12 TION.— 

13 ‘‘(i) TERMINATION OF CONTINUED

14 EMPLOYMENT.—Except as provided in 

15 clause (iii), if the employer has received a 

16 nonconfirmation regarding an individual 

17 and has notified the individual as required 

18 by subparagraph (C)(iv), the employer 

19 shall terminate employment of the indi20 vidual upon the expiration of the time pe21 riod as specified in paragraph (7)(A) for 

22 filing an administrative appeal, or imme23 diately if the further action notice was not 

24 contested. 


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1 ‘‘(ii) CONTINUED EMPLOYMENT

2 AFTER NONCONFIRMATION.—If the em3 ployer, in violation of clause (i), continues 

4 to employ an individual after receiving 

5 nonconfirmation, a rebuttable presumption 

6 is created that the employer has violated 

7 subsections (a)(1)(A) and (a)(2) of this 

8 section. The previous sentence shall not 

9 apply in any prosecution under subsection 

10 (l)(1) of this section. 

11 ‘‘(iii) EFFECT OF ADMINISTRATIVE

12 APPEAL AND JUDICIAL REVIEW.—If an in13 dividual files an administrative appeal of 

14 the nonconfirmation within the time period 

15 specified in paragraph (7)(A) and provides 

16 a copy of such appeal to the employer, the 

17 employer shall not terminate the individ18 ual’s employment under this subparagraph 

19 prior to the resolution of the administra20 tive appeal or an action for judicial review 

21 under paragraph (8)(A) unless the Sec22 retary or Commissioner terminates the 

23 stay under paragraph (7)(B). 

24 ‘‘(E) OBLIGATION TO RESPOND TO QUE25 RIES AND ADDITIONAL INFORMATION.— 


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1 ‘‘(i) Employers are required to comply 

2 with requests for information from the 

3 Secretary, including queries concerning 

4 current and former employees (within the 

5 time frame during which records are re6 quired to be maintained under this section 

7 regarding such former employees) that re8 late to the functioning of the System, the 

9 accuracy of the responses provided by the 

10 System, and any suspected misuse, dis11 crimination, fraud, or identity theft in the 

12 use of the System. Failure to comply with 

13 such a request is a violation of section 

14 (a)(1)(B). 

15 ‘‘(ii) Individuals being verified 

16 through the System may be required to 

17 take further action to address irregularities 

18 identified by the Secretary or the Commis19 sioner in the documents relied upon for 

20 purposes of subsection (c). The employer 

21 shall communicate to the individual within 

22 3 business days any such requirement for 

23 further actions and shall record the date 

24 and manner of such communication. The 

25 individual shall acknowledge in writing, or 


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1 in such other manner as the Secretary may 

2 specify, the receipt of this communication 

3 from the employer. Failure to communicate 

4 such a requirement is a violation of section 

5 (a)(1)(B). 

6 ‘‘(iii) The Secretary is authorized, 

7 with notice to the public provided in the 

8 Federal Register, to implement, clarify, 

9 and supplement the requirements of this 

10 paragraph in order to facilitate the func11 tioning, accuracy, and fairness of the Sys12 tem or to prevent misuse, discrimination, 

13 fraud, or identity theft in the use of the 

14 System. 

15 ‘‘(F) The Secretary may establish a proc16 ess to certify, on an annual basis or such other 

17 time frame as the Secretary may provide, des18 ignated agents and other System service pro19 viders seeking access to the System to perform 

20 verification queries on behalf of employers, 

21 based upon training, usage, and security stand22 ards designated by the Secretary. 

23 ‘‘(G) No later than 3 months after the 

24 date of the enactment of this section, the Sec25 retary of Homeland Security, in consultation 


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1 with the Secretary of Labor, the Secretary of 

2 Agriculture, the Commissioner of Social Secu3 rity, the Attorney General, the Equal Employ4 ment Opportunity Commission, Office of Spe5 cial Counsel for Unfair Immigration Related 

6 Employment Practices, and the Administrator 

7 of the Small Business Administration, shall 

8 commence a campaign to disseminate informa9 tion respecting the procedures, rights, and rem10 edies prescribed under this section. Such cam11 paign shall be aimed at increasing the knowl12 edge of employers, employees, and the general 

13 public concerning employer and employee 

14 rights, responsibilities, and remedies under this 

15 section. The Secretary shall assess the success 

16 of the campaign in achieving its goals. 

17 ‘‘(i) In order to carry out and assess 

18 the campaign under this paragraph, the 

19 Secretary of Homeland Security may, to 

20 the extent deemed appropriate and subject 

21 to the availability of appropriations, con22 tract with public and private organizations 

23 for outreach and assessment activities 

24 under the campaign. 


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1 ‘‘(ii) There are authorized to be ap2 propriated to carry out this paragraph 

3 $40,000,000 for each fiscal year 2012 

4 through 2014. 

5 ‘‘(H) Based on a regular review of the Sys6 tem and the document verification procedures 

7 to identify misuse or fraudulent use and to as8 sess the security of the documents and proc9 esses being used to establish identity or employ10 ment authorization, the Secretary, in consulta11 tion with the Commissioner, may modify the 

12 documents or information that shall be pre13 sented to the employer, the information that 

14 shall be provided to the System by the em15 ployer, and the procedures that shall be fol16 lowed by employers with respect to any aspect 

17 of the System if the Secretary, in the Sec18 retary’s discretion, concludes that the modifica19 tion is necessary to ensure that the System ac20 curately and reliably determines the identity 

21 and employment authorization of employees 

22 while providing protection against misuse, dis23 crimination, fraud, and identity theft. 

24 ‘‘(I) Subject to appropriate safeguards to 

25 prevent misuse of the system, the Secretary, in 


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1 consultation with the Commissioner, shall es2 tablish a secure self-verification procedure to 

3 permit an individual who seeks to verify the in4 dividual’s own employment eligibility prior to 

5 obtaining or changing employment to contact 

6 the appropriate agency and, in a timely man7 ner, correct or update the information used by 

8 the System. 

9 ‘‘(J) The Secretary may, upon notice pro10 vided in the Federal Register, adjust the time 

11 periods described in this paragraph. 

12 ‘‘(6) PROTECTION FROM LIABILITY FOR AC13 TIONS TAKEN ON THE BASIS OF INFORMATION PRO14 VIDED BY THE SYSTEM.—No employer participating 

15 in the System who complies with all System proce16 dures as required in this Act shall be liable under 

17 this Act for any employment-related action taken 

18 with respect to the employee in good faith reliance 

19 on information provided through the confirmation 

20 system. 

21 ‘‘(7) ADMINISTRATIVE REVIEW.— 

22 ‘‘(A) IN GENERAL.—An individual who is 

23 notified pursuant to paragraph (5)(C)(iv) of a 

24 nonconfirmation by the employer may, not later 

25 than 15 business days after the date that such 


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1 notice is received, file an administrative appeal 

2 of such nonconfirmation. An individual subject 

3 to a nonconfirmation may file an appeal thereof 

4 after the 15-day period if the appeal is accom5 panied by evidence that the individual did not 

6 receive timely notice of a nonconfirmation, or 

7 that there was good cause for the failure to file 

8 an appeal within the 15-day period. All admin9 istrative appeals shall be filed as follows: 

10 ‘‘(i) CITIZENS OR NATIONALS OF THE

11 UNITED STATES.—An individual claiming 

12 to be a citizen or national of the United 

13 States shall file the administrative appeal 

14 with the Commissioner. 

15 ‘‘(ii) ALIENS.—An individual claiming 

16 to be an alien authorized to work in the 

17 United States shall file the administrative 

18 appeal with the Secretary. 

19 ‘‘(B) ADMINISTRATIVE STAY OF NONCON20 FIRMATION.—The nonconfirmation shall be 

21 automatically stayed upon the timely filing of 

22 an administrative appeal, and the stay shall re23 main in effect until the resolution of the appeal, 

24 unless the Secretary or the Commissioner ter25 minates the stay based on a determination that 


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1 the administrative appeal is frivolous or filed 

2 for purposes of delay. 

3 ‘‘(C) REVIEW FOR ERROR.—The Secretary 

4 and the Commissioner shall develop procedures 

5 for resolving administrative appeals regarding 

6 nonconfirmations based upon the information 

7 that the individual has provided, including any 

8 additional evidence or argument that was not 

9 previously considered. Any such additional evi10 dence or argument shall be filed within 15 days 

11 of the date the appeal was originally filed. Ap12 peals shall be resolved within 30 days after the 

13 individual has submitted all evidence and argu14 ments he or she wishes to submit, or has stated 

15 in writing that there is no additional evidence 

16 that he or she wishes to submit. The Secretary 

17 and the Commissioner may, on a case by case 

18 basis for good cause, extend the filing and sub19 mission period in order to ensure accurate reso20 lution of an appeal before him or her. Adminis21 trative review under this paragraph shall be 

22 limited to whether the nonconfirmation notice is 

23 supported by the weight of the evidence. 

24 ‘‘(D) COMPENSATION FOR ERROR.—If the 

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1 graph (B) and the Secretary makes a deter2 mination that the nonconfirmation issued for an 

3 individual was not caused by an act or omission 

4 of the individual or the employer, the Secretary 

5 shall compensate the individual for lost wages 

6 in an amount not exceeding $75,000 and rea7 sonable costs and attorneys’ fees incurred dur8 ing administrative and judicial review which 

9 shall not exceed $50,000. Amounts under this 

10 clause may be adjusted to account for inflation 

11 pursuant to the US Consumer Price Index—All 

12 Urban Consumers (CPI–U) compiled by the 

13 Bureau of Labor Statistics. 

14 ‘‘(i) CALCULATION OF LOST WAGES.— 

15 Lost wages shall be calculated based on 

16 the wage rate and work schedule that pre17 vailed prior to termination. The individual 

18 shall be compensated for wages lost begin19 ning on the first scheduled work day after 

20 employment was terminated and ending 

21 180 days after completion of the adminis22 trative review process described in this 

23 paragraph, or judicial review if any, or the 

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1 curs first. If the individual obtains employ2 ment elsewhere at a lower wage rate, the 

3 individual shall be compensated for the dif4 ference in wages for the period ending 180 

5 days after completion of the administrative 

6 review process or judicial review, if any. 

7 ‘‘(ii) LIMITATION ON COMPENSA8 TION.—For purposes of determining an in9 dividual’s compensation for the loss of em10 ployment, such compensation shall not in11 clude any period in which the individual 

12 was ineligible for employment in the 

13 United States. 

14 ‘‘(iii) SOURCE OF FUNDS.—Com15 pensation or reimbursement provided 

16 under this paragraph shall not be provided 

17 from funds appropriated in annual appro18 priations Acts to the Secretary for the De19 partment of Homeland Security. 

20 ‘‘(E) TEMPORARY STAY OF FINAL ADMIN21 ISTRATIVE DECISION DENYING APPEAL.—If the 

22 appeal is denied, the Secretary shall stay the 

23 decision for a period of 30 days to permit the 

24 individual to seek judicial review of the decision 

25 under paragraph (8)(A). If a judicial action is 


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1 brought within this period, the stay shall re2 main in effect until the resolution of the case, 

3 unless the Court terminates the stay based on 

4 a determination that the action for judicial re5 view is frivolous or filed for purposes of delay. 

6 ‘‘(8) JUDICIAL REVIEW.— 

7 ‘‘(A) IN GENERAL.—After the Secretary or 

8 the Commissioner makes a final determination 

9 on an appeal filed by an individual under para10 graph (7), the individual may obtain judicial re11 view of such determination in a civil action 

12 commenced not later than 30 days after notice 

13 of such decision. 

14 ‘‘(B) JURISDICTION.—A civil action for 

15 such judicial review shall be brought in the dis16 trict court of the United States for the judicial 

17 district in which the plaintiff resides or, if the 

18 plaintiff does not reside within any such judicial 

19 district, in the District Court of the United 

20 States for the District of Columbia. 

21 ‘‘(C) SERVICE.—The defendant is either 

22 the Secretary or the Commissioner, but not 

23 both, depending upon who issued the adminis24 trative order under paragraph (7). In addition 


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1 to serving the defendant, the plaintiff shall also 

2 serve the Attorney General. 

3 ‘‘(D) ANSWER.—As part of the Secretary’s 

4 or the Commissioner’s answer to a complaint 

5 for such judicial review, the Secretary or the 

6 Commissioner shall file a certified copy of the 

7 administrative record compiled during the ad8 ministrative review under paragraph (7), includ9 ing the evidence upon which the findings and 

10 decision complained of are based. The court 

11 shall have power to enter, upon the pleadings 

12 and the administrative record, a judgment af13 firming or reversing the result of that adminis14 trative review, with or without remanding the 

15 cause for a rehearing. 

16 ‘‘(E) STANDARD OF REVIEW.— 

17 ‘‘(i) The burden shall be on the plain18 tiff to show that the administrative order 

19 was erroneous. Administrative findings of 

20 fact are conclusive unless any reasonable 

21 adjudicator would be compelled to conclude 

22 to the contrary. The court, upon good 

23 cause shown, may in its discretion remand 

24 to the Secretary or the Commissioner for 


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1 additional fact-finding or other pro2 ceedings. 

3 ‘‘(ii) If the plaintiff meets his or her 

4 burden to show that the administrative 

5 order was erroneous, the court shall, upon 

6 request of the plaintiff, determine whether 

7 the plaintiff can establish by the prepon8 derance of the evidence that the error was 

9 caused by the decision rules, processes, or 

10 procedures utilized by the System or erro11 neous system information that was not the 

12 result of acts or omissions of the indi13 vidual. 

14 ‘‘(F) COMPENSATION FOR ERROR.— 

15 ‘‘(i) IN GENERAL.—In cases in which 

16 the judicial review reverses the final deter17 mination of the Secretary or the Commis18 sioner made under paragraph (7), the indi19 vidual was denied a stay under subpara20 graph (B), and the court finds that the 

21 final determination was erroneous by rea22 son of the decision rules, processes, or pro23 cedures utilized by the System or erro24 neous system information that was not the 

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1 vidual, the court may award to the indi2 vidual lost wages not exceeding $75,000, 

3 reasonable costs and attorneys’ fees in4 curred during administrative and judicial 

5 review which shall not exceed $50,000, and 

6 compensatory damages in an amount 

7 deemed necessary by the court. Amounts 

8 under this clause may be adjusted to ac9 count for inflation pursuant to the US 

10 Consumer Price Index—All Urban Con11 sumers (CPI–U) compiled by the Bureau 

12 of Labor Statistics. 

13 ‘‘(ii) CALCULATION OF LOST

14 WAGES.—Lost wages shall be calculated 

15 based on the wage rate and work schedule 

16 that prevailed prior to termination. The in17 dividual shall be compensated for wages 

18 lost beginning on the first scheduled work 

19 day after employment was terminated and 

20 ending 180 days after completion of the ju21 dicial review described in this paragraph or 

22 the day after the individual is reinstated or 

23 obtains employment elsewhere, whichever 

24 occurs first. If the individual obtains em25 ployment elsewhere at a lower wage rate, 


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1 the individual shall be compensated for the 

2 difference in wages for the period ending 

3 180 days after completion of the judicial 

4 review process. No lost wages shall be 

5 awarded for any period of time during 

6 which the individual was not authorized to 

7 be employed in the United States. 

8 ‘‘(iii) PAYMENT OF COMPENSATION.— 

9 Notwithstanding any other law, payment of 

10 compensation for lost wages, costs and at11 torneys’ fees under this paragraph, or com12 promise settlements of the same, shall be 

13 made as provided by section 1304 of title 

14 31, United States Code. Appropriations 

15 made available to the Secretary or the 

16 Commissioner, accounts provided for under 

17 section 286 of the Immigration and Na18 tionality Act (8 U.S.C. 1356), and funds 

19 from the Federal Old-Age and Survivors 

20 Insurance Trust Fund or the Federal Dis21 ability Insurance Trust Fund shall not be 

22 available to pay such compensation. 

23 ‘‘(iv) EXCLUSIVE REMEDY.—Awards 

24 of compensation for lost wages, costs, and 

25 attorneys’ fees under this paragraph shall 


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1 be the exclusive remedy for a finding under 

2 clause (i) that a final determination of the 

3 Secretary or the Commissioner made under 

4 paragraph (7) was erroneous by reason of 

5 the negligence or recklessness of the Sec6 retary or the Commissioner. 

7 ‘‘(9) PRIVATE RIGHT OF ACTION.—If the non8 confirmation issued for an individual was caused by 

9 negligence or other misconduct on the part of the 

10 employer, the individual may seek recovery of dam11 ages, reinstatement, back pay, and other appropriate 

12 remedies in a civil action against the employer. Such 

13 action shall be commenced not later than 90 days 

14 after notice of the Secretary’s or the Commissioner’s 

15 decision on an administrative appeal under para16 graph (7) or the Court’s decision in an action for ju17 dicial review under paragraph (8), or 90 days after 

18 termination of the individual as a result of the final 

19 nonconfirmation if no such administrative appeal or 

20 action for judicial review is taken. The action shall 

21 be brought in the district court of the United States 

22 for the judicial district in which the plaintiff resides 

23 or, if the plaintiff does not reside within any such 

24 judicial district, in the District Court of the United 

25 States for the District of Columbia. In such action, 


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1 no prior administrative or judicial finding relating to 

2 the employer in any proceeding to which the em3 ployer was not a party may be given any res judicata 

4 or collateral estoppel effect against the employer. 

5 ‘‘(10) ANNUAL STUDY AND REPORT.— 

6 ‘‘(A) REQUIREMENT FOR STUDY.—The 

7 Comptroller General of the United States shall 

8 conduct an annual study of the System as de9 scribed in this paragraph. 

10 ‘‘(B) PURPOSE OF THE STUDY.—The 

11 Comptroller General shall, for each year, under12 take a study to determine whether the System 

13 meets the following requirements: 

14 ‘‘(i) DEMONSTRATED ACCURACY OF

15 THE DATABASES.—New information and 

16 information changes submitted by an indi17 vidual to the System is updated in all of 

18 the relevant databases not later than 3 

19 working days after submission in at least 

20 99 percent of all cases. 

21 ‘‘(ii) LOW ERROR RATES AND COMPLI22 ANCE WITH SYSTEM RULES.— 

23 ‘‘(I) RATES OF INCORRECT NON24 CONFIRMATION AND CONFIRMATION

25 NOTICES.—That, during a year, the 


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1 number of incorrect tentative noncon2 firmations provided through the Sys3 tem is not more than 1 percent. 

4 ‘‘(II) STABILITY OR IMPROVE5 MENT IN ERROR RATES.—That, dur6 ing a year— 

7 ‘‘(aa) the rate of incorrect 

8 tentative nonconfirmations shall 

9 not have increased by more than 

10 3 percent compared to the pre11 vious year. 

12 ‘‘(bb) the rate at which un13 authorized immigrants receive in14 correct confirmations shall not 

15 have increased by more than 3 

16 percent compared to the previous 

17 year. 

18 ‘‘(III) EMPLOYER COMPLI19 ANCE.—That, during the year, not 

20 more than 10 percent of employers 

21 are found in violation of section 

22 171(a)(4). 

23 ‘‘(iii) PROTECTIONS FOR AMERICAN

24 WORKERS.— 


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1 ‘‘(I) NO DISCRIMINATION BASED

2 ON SYSTEM OPERATIONS.—The Sys3 tem has not resulted in increased dis4 crimination or cause reasonable em5 ployers to conclude that individuals of 

6 certain races or ethnicities are more 

7 likely to have difficulties when offered 

8 employment caused by the operation 

9 of the System. 

10 ‘‘(II) NO INCREASE IN EM11 PLOYER NONCOMPLIANCE.—The Sys12 tem has not resulted in increased em13 ployer noncompliance with system 

14 rules, including not notifying workers 

15 of tentative nonconfirmations, adverse 

16 employment consequences due to ten17 tative nonconfirmations, prescreening, 

18 and reverification of workers against 

19 System rules. 

20 ‘‘(III) NO INCREASE IN IDENTITY

21 FRAUD AND THEFT.—The System has 

22 not and will not result in increased 

23 identity fraud or theft. 

24 ‘‘(iv) PROTECTION OF WORKERS’ PRI25 VATE INFORMATION.—At least 97 percent 


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1 of employers who participate in the System 

2 are in full compliance with the privacy re3 quirements described in this subsection. 

4 ‘‘(v) PROTECTING SMALL BUSI5 NESSES.—The System will not result in 

6 lost productivity or replacement and re7 training costs due to United States citizen 

8 and work-authorized immigrants being ter9 minated due to database errors. 

10 ‘‘(vi) PROTECTING AMERICANS ACCESS

11 TO PRODUCE AND SMALL FAMILY

12 FARMS.— 

13 ‘‘(I) NO INCREASE IN FOOD

14 PRICES.—The System has not and 

15 will not increase the cost of agricul16 tural products by more than 5 per17 cent. 

18 ‘‘(II) PROTECTING SMALL FARM19 ERS.—Use of the System will not put 

20 small family farms out of business. 

21 ‘‘(III) PROTECTING JOBS.—Use 

22 of the System will not cause Ameri23 cans to lose jobs related to the agri24 culture industry. 


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1 ‘‘(vii) ADEQUATE AGENCY STAFFING

2 AND FUNDING.—The Secretary and Com3 missioner of Social Security have sufficient 

4 funding to meet all of the deadlines and re5 quirements of this subsection. 

6 ‘‘(C) REQUIREMENT FOR INDEPENDENT

7 STUDY.—The determinations described in 

8 clauses (i) through (vi) of subparagraph (B) 

9 shall be based on an independent study commis10 sioned by the Comptroller General in each 

11 phase of expansion of the System. 

12 ‘‘(D) CONSULTATION.—In conducting a 

13 study under this paragraph, the Comptroller 

14 General shall consult with representatives of 

15 business, labor, immigrant communities, State 

16 governments, privacy advocates, and appro17 priate departments of the United States. 

18 ‘‘(E) REPORTS.—Not later than 21 

19 months after the date of the enactment of the 

20 Act, and annually thereafter, the Comptroller 

21 General shall submit to the Secretary and to 

22 Congress a report containing the findings of the 

23 study carried out under this paragraph and 

24 shall include the following: 


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1 ‘‘(i) An assessment of the accuracy of 

2 the databases utilized by the System and 

3 of the timeliness and accuracy of the re4 sponses provided through the System to 

5 employers. 

6 ‘‘(ii) An assessment of the privacy and 

7 confidentiality of the System and of the 

8 overall security of the System with respect 

9 to cybertheft and theft or misuse of private 

10 data. 

11 ‘‘(iii) An assessment of whether the 

12 System is being implemented in a non13 discriminatory and nonretaliatory manner. 

14 ‘‘(iv) An assessment of the most com15 mon causes for the erroneous issuance of 

16 nonconfirmations by the System and rec17 ommendations to correct such causes. 

18 ‘‘(v) The recommendations of the 

19 Comptroller General regarding whether or 

20 not the System should be modified prior to 

21 further expansion. 

22 ‘‘(F) CERTIFICATION.—If the Comptroller 

23 General determines that the System meets the 

24 requirements set out in clauses (i) through (vii) 

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1 troller shall certify such determination and sub2 mit such certification to Congress with the re3 port required by subparagraph (E). 

4 ‘‘(11) ANNUAL AUDIT AND REPORT.— 

5 ‘‘(A) PURPOSE OF THE AUDIT AND RE6 PORT.—The Office for Civil Rights and Civil 

7 Liberties shall conduct annual audits of E– 

8 Verify described in section 403(a) of the Illegal 

9 Immigration Reform and Responsibility Act of 

10 1996, Public Law No. 104–208, Div. C, 110 

11 Stat. 3009–546, to assess employer compliance 

12 with System requirements, including civil rights 

13 and civil liberties protections, and compliance 

14 with the System rules and procedures set forth 

15 in the Memorandum of Understanding between 

16 employers and the Social Security Administra17 tion and the Department of Homeland Security. 

18 ‘‘(B) REQUIREMENTS OF AUDIT.—Annual 

19 audits shall include, but are not limited to, the 

20 following activities: 

21 ‘‘(i) Use of testers to check if employ22 ers’ are using E–Verify as outlined in the 

23 Memorandum of Understanding between 

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1 ministration, including if employers are 

2 misusing of the system to prescreen job 

3 applicants, if employers are giving proper 

4 notification to employees’ regarding non5 confirmations, and if employers are taking 

6 adverse actions against workers based 

7 upon nonconfirmations. 

8 ‘‘(ii) Random audits of employers to 

9 confirm that employers are using the sys10 tem as outlined in the Memorandum of 

11 Understanding and in a manner consistent 

12 with civil rights and civil liberties protec13 tions; and 

14 ‘‘(iii) Periodic audits of employers for 

15 which the Special Counsel has received in16 formation or complaints and/or actual 

17 charges of citizenship/national origin dis18 crimination or document abuse. 

19 ‘‘(C) AUTHORITY OF OFFICE FOR CIVIL

20 RIGHTS AND CIVIL LIBERTIES.—The Office 

21 shall have the authority to obtain from users of 

22 E–Verify relevant documents and testimony and 

23 answers to written interrogatories. The Office 

24 shall also have the authority to conduct site vis25 its, and interview employees. 


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1 ‘‘(D) FAILURE OF EMPLOYERS TO CO2 OPERATE.—Employers that fail to cooperate 

3 with the Office for Civil Rights and Civil Lib4 erties shall be noted in the annual report set 

5 forth below in this subsection. 

6 ‘‘(E) REQUIREMENT FOR REPORTS.—Not 

7 later than 18 months after the date of the en8 actment of the Act, and annually thereafter, the 

9 Office for Civil Rights and Civil Liberties shall 

10 submit a report to the President of the Senate, 

11 the Speaker of the House of Representatives, 

12 and the appropriate committees and sub13 committees of Congress that contains the find14 ings of the audit carried out under this para15 graph. 

16 ‘‘(12) MANAGEMENT OF THE SYSTEM.— 

17 ‘‘(A) IN GENERAL.—The Secretary is au18 thorized to establish, manage, and modify the 

19 System, which shall— 

20 ‘‘(i) respond to inquiries made by par21 ticipating employers at any time through 

22 the internet, or such other means as the 

23 Secretary may designate, concerning an in24 dividual’s identity and whether the indi25 vidual is authorized to be employed; 


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1 ‘‘(ii) maintain records of the inquiries 

2 that were made, of confirmations provided 

3 (or not provided), and of the codes pro4 vided to employers as evidence of their 

5 compliance with their obligations under the 

6 System; and 

7 ‘‘(iii) provide information to, and re8 quire action by, employers and individuals 

9 using the System. 

10 ‘‘(B) DESIGN AND OPERATION OF SYS11 TEM.—The System shall be designed and oper12 ated— 

13 ‘‘(i) to maximize its reliability and 

14 ease of use by employers consistent with 

15 protecting the privacy and security of the 

16 underlying information, and ensuring full 

17 notice of such use to employees; 

18 ‘‘(ii) to maximize its ease of use by 

19 employees, including notification of its use, 

20 of results, and ability to challenge results; 

21 ‘‘(iii) to respond accurately to all in22 quiries made by employers on whether in23 dividuals are authorized to be employed 

24 and to register any times when the system 

25 is unable to receive inquiries; 


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1 ‘‘(iv) to maintain appropriate adminis2 trative, technical, and physical safeguards 

3 to prevent unauthorized disclosure of per4 sonal information, misuse by employers 

5 and employees, and discrimination; 

6 ‘‘(v) to allow for auditing of the use of 

7 the System to detect misuse, discrimina8 tion, fraud, and identity theft, and to pre9 serve the integrity and security of the in10 formation in all of the System, including 

11 but not limited to the following— 

12 ‘‘(I) to develop and use tools and 

13 processes to detect or prevent fraud 

14 and identity theft, such as multiple 

15 uses of the same identifying informa16 tion or documents to fraudulently gain 

17 employment; 

18 ‘‘(II) to develop and use tools 

19 and processes to detect and prevent 

20 misuse of the system by employers 

21 and employees; 

22 ‘‘(III) to develop tools and proc23 esses to detect anomalies in the use of 

24 the system that may indicate potential 

25 fraud or misuse of the system; and 


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1 ‘‘(IV) to audit documents and in2 formation submitted by employees to 

3 employers, including authority to con4 duct interviews with employers and 

5 employees, and obtain information 

6 concerning employment from the em7 ployer; 

8 ‘‘(vi) to confirm identity and employ9 ment authorization through verification 

10 and comparison of records maintained by 

11 the Secretary, other Federal departments, 

12 states, or outlying possessions of the 

13 United States, or other available informa14 tion, as determined necessary by the Sec15 retary, including— 

16 ‘‘(I) records maintained by the 

17 Social Security Administration; 

18 ‘‘(II) birth and death records 

19 maintained by vital statistics agencies 

20 of any state or other United States 

21 jurisdiction; 

22 ‘‘(III) passport and visa records 

23 (including photographs) maintained 

24 by the Department of State; and 


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1 ‘‘(IV) state driver’s license or 

2 identity card information (including 

3 photographs) maintained by State de4 partments of motor vehicles; 

5 ‘‘(vii) to confirm electronically the 

6 issuance of the employment authorization 

7 or identity document and to display the 

8 digital photograph that the issuer placed 

9 on the document so that the employer can 

10 compare the photograph displayed to the 

11 photograph on the document presented by 

12 the employee. If a photograph is not avail13 able from the issuer, the Secretary shall 

14 specify alternative procedures for con15 firming the authenticity of the document; 

16 and 

17 ‘‘(viii) to include, notwithstanding sec18 tion 6103 of title 26, U.S. Code, proce19 dures for verification by the Secretary of 

20 the Treasury of the validity of any em21 ployer identification number and related 

22 information provided by an employer to the 

23 Secretary for the purpose of participating 

24 in the System. 

25 ‘‘(C) ACCESS TO INFORMATION.— 


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1 ‘‘(i) Notwithstanding any other provi2 sion of law, the Secretary of Homeland Se3 curity shall have access to relevant records 

4 described in subparagraphs (B)(vi) and 

5 (viii), for the purposes of preventing iden6 tity theft, fraud and misuse in the use of 

7 the System and administering and enforc8 ing the provisions of this section governing 

9 employment verification. Any governmental 

10 agency or entity possessing such relevant 

11 records shall provide such assistance and 

12 cooperation in resolving further action no13 tices and nonconfirmations relating to such 

14 records, or otherwise to improve the accu15 racy of the System, as the Secretary may 

16 request. A state or other non-Federal juris17 diction that does not provide such access, 

18 assistance, and cooperation shall not be eli19 gible for any grant or other program of fi20 nancial assistance administered by the Sec21 retary or by the Commissioner. 

22 ‘‘(ii) The Secretary, in consultation 

23 with the Commissioner and other appro24 priate Federal and State agencies, shall 

25 develop policies and procedures to ensure 


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1 protection of the privacy and security of 

2 personally identifiable information and 

3 identifiers contained in the records 

4 accessed or maintained by the System. The 

5 Secretary, in consultation with the Com6 missioner and other appropriate Federal 

7 and State agencies, shall develop and de8 ploy appropriate privacy and security 

9 training for the Federal and State employ10 ees accessing the records under the Sys11 tem. 

12 ‘‘(iii) The Secretary, acting through 

13 the Chief Privacy Officer of the Depart14 ment of Homeland Security, shall conduct 

15 regular privacy audits of the policies and 

16 procedures established under clause (ii), 

17 including any collection, use, dissemina18 tion, and maintenance of personally identi19 fiable information and any associated in20 formation technology systems, as well as 

21 scope of requests for this information. The 

22 Chief Privacy Officer shall review the re23 sults of the audits and recommend to the 

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1 prove the privacy protections of the pro2 gram. 

3 ‘‘(D) RESPONSIBILITIES OF THE SEC4 RETARY OF HOMELAND SECURITY.— 

5 ‘‘(i) As part of the System, the Sec6 retary shall maintain a reliable, secure 

7 method, which, operating through the Sys8 tem and within the time periods specified, 

9 compares the name, alien identification or 

10 authorization number, or other information 

11 as determined relevant by the Secretary, 

12 provided in an inquiry against such infor13 mation maintained or accessed by the Sec14 retary in order to confirm (or not confirm) 

15 the validity of the information provided, 

16 the correspondence of the name and num17 ber, whether the alien is authorized to be 

18 employed in the United States (or, to the 

19 extent that the Secretary determines to be 

20 feasible and appropriate, whether the 

21 records available to the Secretary verify 

22 the identity or status of a national of the 

23 United States), and such other information 

24 as the Secretary may prescribe. 


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1 ‘‘(ii) As part of the System, the Sec2 retary shall establish a reliable, secure 

3 method, which, operating through the Sys4 tem, displays the digital photograph de5 scribed in subparagraph (B)(vii). 

6 ‘‘(iii) The Secretary shall have author7 ity to prescribe when a confirmation, non8 confirmation, or further action notice shall 

9 be issued. 

10 ‘‘(iv) The Secretary shall perform reg11 ular audits under the System, as described 

12 in subparagraph (B)(v) and shall utilize 

13 the information obtained from such audits, 

14 as well as any information obtained from 

15 the Commissioner pursuant to section 174 

16 of the Comprehensive Immigration Reform 

17 Act of 2011, for the purposes of this sec18 tion, to administer and enforce the immi19 gration laws, and to ensure employee 

20 rights are protected under the System. 

21 ‘‘(v) The Secretary may make appro22 priate arrangements to allow employers or 

23 employees who are otherwise unable to ac24 cess the System to use Federal Govern25 ment facilities or public facilities or other 


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1 available locations in order to utilize the 

2 program. 

3 ‘‘(vi) The Secretary shall, in consulta4 tion with the Commissioner, establish a 

5 program which shall provide a reliable, se6 cure method by which victims of identity 

7 fraud and other individuals may suspend 

8 or limit the use of their Social Security ac9 count number or other identifying informa10 tion for System purposes. The Secretary 

11 may implement the program on a limited 

12 pilot program basis before making it fully 

13 available to all individuals. 

14 ‘‘(vii) The Secretary, in consultation 

15 with the Commissioner of Social Security, 

16 shall establish procedures for an Enhanced 

17 Verification System under section 178 of 

18 the Comprehensive Immigration Reform 

19 Act of 2011. 

20 ‘‘(viii) The Secretary and the Commis21 sioner shall establish a program in which 

22 Social Security account numbers that have 

23 been identified to be subject to unusual 

24 multiple use in the System, or that are 

25 otherwise suspected or determined to have 


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1 been compromised by identity fraud or 

2 other misuse, shall be blocked from use for 

3 System purposes unless the individual 

4 using such number is able to establish, 

5 through secure and fair additional security 

6 procedures, that he or she is the legitimate 

7 holder of the number. 

8 ‘‘(ix) The Secretary shall establish a 

9 monitoring and compliance unit to detect 

10 and reduce identity fraud and other misuse 

11 of the program. 

12 ‘‘(x) The Secretary, acting through 

13 the Officer for Civil Rights and Civil Lib14 erties of the Department of Homeland Se15 curity, shall conduct regular civil rights 

16 and civil liberties assessments of the Sys17 tem, including participation by employers, 

18 other private entities, other Federal agen19 cies, and state and local government. The 

20 Officer shall review the results of the as21 sessment and recommend to the Secretary 

22 any changes necessary to improve the civil 

23 rights and civil liberties protections of the 

24 program. 


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1 ‘‘(E) RESPONSIBILITIES OF THE SEC2 RETARY OF STATE.—As part of the System, the 

3 Secretary of State shall provide to the Sec4 retary access to passport and visa information 

5 as needed to confirm that a passport or pass6 port card presented under subsection (c)(1)(B) 

7 confirms the identity of the subject of the Sys8 tem check, or that a passport, passport card or 

9 visa photograph matches the Secretary of 

10 State’s records, and shall provide such assist11 ance as the Secretary may request in order to 

12 resolve further action notices or nonconfirma13 tions relating to such information. 

14 ‘‘(F) UPDATING INFORMATION.—The 

15 Commissioner and the Secretaries of Homeland 

16 Security and State shall update their informa17 tion in a manner that promotes maximum accu18 racy and shall provide a process for the prompt 

19 correction of erroneous information. 

20 ‘‘(13) LIMITATION ON USE OF THE SYSTEM.— 

21 Notwithstanding any other provision of law, nothing 

22 in this subsection shall be construed to permit or 

23 allow any department, bureau, or other agency of 

24 the United States Government to utilize any infor25 mation, database, or other records assembled under 


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1 this subsection for any purpose other than for 

2 verification as provided by this subsection the en3 forcement and administration of the immigration 

4 laws, or the enforcement of Federal laws for viola5 tions relating to use of the System. 

6 ‘‘(14) CONFORMING AMENDMENT.—Sections 

7 401 to 405 of the Illegal Immigration Reform and 

8 Immigrant Responsibility Act of 1996 (division C of 

9 Public Law 104–208; 8 U.S.C. 1234a note) are re10 pealed. Nothing in this subsection may be construed 

11 to limit the authority of the Secretary to allow or 

12 continue to allow the participation in the System of 

13 employers who have participated in the E–Verify 

14 program established by such sections. 

15 ‘‘(15) NONDISCRIMINATION.—The employer 

16 shall use the procedures for the System specified in 

17 this section for all employees without regard to race, 

18 sex, national origin, or, unless specifically permitted 

19 in this section, to citizenship status. 

20 ‘‘(e) COMPLIANCE.— 

21 ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 

22 Secretary of Homeland Security shall establish pro23 cedures— 


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1 ‘‘(A) for individuals and entities to file 

2 complaints respecting potential violations of 

3 subsections (a) or (f)(1); 

4 ‘‘(B) for the investigation of those com5 plaints which the Secretary deems appropriate 

6 to investigate; and 

7 ‘‘(C) for such other investigations of viola8 tions of subsections (a) or (f)(1) as the Sec9 retary determines to be appropriate. 

10 ‘‘(2) AUTHORITY IN INVESTIGATIONS.—In con11 ducting investigations and hearings under this sub12 section, immigration officers shall have reasonable 

13 access to examine evidence of any employer being in14 vestigated. 

15 ‘‘(3) JOINT EMPLOYMENT FRAUD TASK

16 FORCE.—The Secretary, in cooperation with the 

17 Commissioner and Attorney General, and in con18 sultation with other relevant agencies, shall establish 

19 a Joint Employment Fraud Task Force consisting 

20 of, at a minimum, the System’s compliance per21 sonnel, immigration law enforcement officers, Spe22 cial Counsel for Unfair Immigration-Related Em23 ployment Practices personnel, Department of Home24 land Security Office for Civil Rights and Civil LibVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 erties personnel, and Social Security Administration 

2 fraud division personnel. 

3 ‘‘(4) COMPLIANCE PROCEDURES.— 

4 ‘‘(A) PRE-PENALTY NOTICE.—If the Sec5 retary has reasonable cause to believe that 

6 there has been a civil violation of this section, 

7 the Secretary shall issue to the employer con8 cerned a written notice of the Department’s in9 tention to issue a claim for a monetary or other 

10 penalty. Such pre-penalty notice shall— 

11 ‘‘(i) describe the violation; 

12 ‘‘(ii) specify the laws and regulations 

13 allegedly violated; 

14 ‘‘(iii) disclose the material facts which 

15 establish the alleged violation; 

16 ‘‘(iv) describe the penalty sought to be 

17 imposed; and 

18 ‘‘(v) inform such employer that he or 

19 she shall have a reasonable opportunity to 

20 make representations as to why a mone21 tary or other penalty should not be im22 posed. 

23 ‘‘(B) EMPLOYER’S RESPONSE.—Whenever 

24 any employer receives written pre-penalty notice 

25 of a fine or other penalty in accordance with 


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1 subparagraph (A), the employer may, within 30 

2 days from receipt of such notice, file with the 

3 Secretary its written response to the notice. 

4 The response may include any relevant evidence 

5 or proffer of evidence that the employer wishes 

6 to present with respect to whether the employer 

7 violated this section and whether, if so, the pen8 alty should be mitigated, and shall be filed and 

9 considered in accordance with procedures to be 

10 established by the Secretary. 

11 ‘‘(C) PENALTY CLAIM.—After considering 

12 the employer’s response under subparagraph 

13 (B), the Secretary shall determine whether 

14 there was a violation and promptly issue a writ15 ten final determination setting forth the find16 ings of fact and conclusions of law on which the 

17 determination is based. If the Secretary deter18 mines that there was a violation, the Secretary 

19 shall issue the final determination with a writ20 ten penalty claim. The penalty claim shall speci21 fy all charges in the information provided under 

22 clauses (i) through (iii) of subparagraph (A) 

23 and any mitigation of the penalty that the Sec24 retary deems appropriate under paragraph 

25 (5)(D). 


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1 ‘‘(5) CIVIL PENALTIES.— 

2 ‘‘(A) HIRING OR CONTINUING TO EMPLOY

3 UNAUTHORIZED ALIENS.—Any employer that 

4 violates any provision of subsection (a)(1)(A) or 

5 (a)(2) shall: 

6 ‘‘(i) pay a civil penalty of not less 

7 than $2,000 and not more than $5,000 for 

8 each unauthorized alien with respect to 

9 which each violation of either subsection 

10 (a)(1)(A) or (a)(2) occurred; 

11 ‘‘(ii) if the employer has previously 

12 been fined under this paragraph, pay a 

13 civil penalty of not less than $4,000 and 

14 not more than $10,000 for each unauthor15 ized alien with respect to which a violation 

16 of either subsection (a)(1)(A) or (a)(2) oc17 curred; and 

18 ‘‘(iii) if the employer has previously 

19 been fined more than once under this para20 graph, pay a civil penalty of not less than 

21 $8,000 and not more than $25,000 for 

22 each unauthorized alien with respect to 

23 which a violation of either subsection 

24 (a)(1)(A) or (a)(2) occurred. 


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1 ‘‘(B) ENHANCED PENALTY.—If an em2 ployer is determined to have committed within 

3 the 5 years immediately preceding the date of 

4 any violation of subsection (a)(1)(A) or (a)(2) a 

5 civil or criminal violation of a Federal or State 

6 law relating to wage and hour or other employ7 ment standards, workplace safety, collective 

8 bargaining, civil rights, or immigration, by a 

9 court or an administrative agency with jurisdic10 tion over such violation, for which a monetary 

11 penalty of at least $500, a judicial injunction, 

12 or other equitable relief, or any term of impris13 onment has been imposed, any civil money pen14 alty or criminal fine otherwise applicable under 

15 this section shall be trebled. In any proceeding 

16 under this section, the Secretary of Homeland 

17 Security, administrative law judge, or court, as 

18 appropriate, shall determine whether a court or 

19 administrative agency has imposed such penalty 

20 for such previous violation of other law, but the 

21 validity and appropriateness of such prior ac22 tion shall not be subject to review. 

23 ‘‘(C) RECORDKEEPING OR VERIFICATION

24 PRACTICES.—Any employer that violates or fails 


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1 to comply with any requirement of subsection 

2 (a)(1)(B), shall pay a civil penalty as follows: 

3 ‘‘(i) not less than $500 and not more 

4 than $2,000 for each violation; 

5 ‘‘(ii) if an employer has previously 

6 been fined under this paragraph, not less 

7 than $1,000 and not more than $4,000 for 

8 each violation; and 

9 ‘‘(iii) if an employer has previously 

10 been fined more than once under this para11 graph, not less than $2,000 and not more 

12 than $8,000 for each violation. 

13 ‘‘(D) OTHER PENALTIES.—The Secretary 

14 may impose additional penalties for violations, 

15 including cease and desist orders, specially de16 signed compliance plans to prevent further vio17 lations, suspended fines to take effect in the 

18 event of a further violation, and in appropriate 

19 cases, the remedy provided by paragraph (f)(2). 

20 ‘‘(E) MITIGATION.—The Secretary is au21 thorized, upon such terms and conditions as the 

22 Secretary deems reasonable and just and in ac23 cordance with such procedures as the Secretary 

24 may establish, to reduce or mitigate penalties 

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1 cluding, but not limited to, the employer’s hir2 ing volume, compliance history, good-faith im3 plementation of a compliance program, and vol4 untary disclosure of violations of this subsection 

5 to the Secretary. The Secretary shall not miti6 gate a penalty below the minimum penalty pro7 vided by this section, except that the Secretary 

8 may, in the case of an employer subject to pen9 alty for record-keeping or verification violations 

10 only who has not previously been penalized 

11 under this section, in the Secretary’s discretion, 

12 mitigate the penalty below the statutory min13 imum or remit it entirely. 

14 ‘‘(F) INFLATION ADJUSTMENTS.—All pen15 alties authorized in this paragraph may be ad16 justed periodically to account for inflation as 

17 provided by law. 

18 ‘‘(6) ORDER OF INTERNAL REVIEW AND CER19 TIFICATION OF COMPLIANCE.—If the Secretary has 

20 reasonable cause to believe that an employer has 

21 failed to comply with this section, the Secretary is 

22 authorized, at any time, to require that the employer 

23 certify that it is in compliance with this section, or 

24 has instituted a program to come into compliance. 

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1 retary requiring such a certification, the employer’s 

2 chief executive officer or similar official with respon3 sibility for, and authority to bind the company on, 

4 all hiring and immigration compliance notices shall 

5 certify under penalty of perjury that the employer is 

6 in conformance with the requirements under para7 graphs (1) through (4) of subsection (c), pertaining 

8 to document verification requirements, and with sub9 section (d), pertaining to the System (once that sys10 tem is implemented with respect to that employer 

11 according to the requirements of subsection (d)(1)), 

12 and with any additional requirements that the Sec13 retary may promulgate by regulation pursuant to 

14 subsections (c) or (d) or that the employer has insti15 tuted a program to come into compliance with these 

16 requirements. At the request of the employer, the 

17 Secretary may extend the 60-day deadline for good 

18 cause. The Secretary is authorized to publish in the 

19 Federal Register standards or methods for such cer20 tification, require specific recordkeeping practices 

21 with respect to such certifications, and audit the 

22 records thereof at any time. This authority shall not 

23 be construed to diminish or qualify any other pen24 alty provided by this section. 

25 ‘‘(7) JUDICIAL REVIEW.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of law, including sections 1361 

3 and 1651 of title 28, United States Code, no 

4 court shall have jurisdiction to consider a final 

5 determination or penalty claim issued under 

6 paragraph (4)(C), except as specifically pro7 vided by this paragraph. Judicial review of a 

8 final determination under paragraph (5) is gov9 erned only by chapter 158 of such title 28, ex10 cept as specifically provided below. The Sec11 retary is authorized to require that the peti12 tioner provide, prior to filing for review, secu13 rity for payment of fines and penalties through 

14 bond or other guarantee of payment acceptable 

15 to the Secretary. 

16 ‘‘(B) REQUIREMENTS FOR REVIEW OF A

17 FINAL DETERMINATION.—With respect to judi18 cial review of a final determination or penalty 

19 claim issued under paragraph (4)(C), the fol20 lowing requirements apply: 

21 ‘‘(i) DEADLINE.—The petition for re22 view shall be filed no later than 30 days 

23 after the date of the final determination or 

24 penalty claim issued under paragraph 

25 (4)(C). 


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1 ‘‘(ii) VENUE AND FORMS.—The peti2 tion for review shall be filed with the court 

3 of appeals for the judicial circuit where the 

4 employer’s principal place of business was 

5 located when the final determination or 

6 penalty claim was issued. The record and 

7 briefs do not have to be printed. The court 

8 of appeals shall review the proceeding on a 

9 typewritten or electronically filed record 

10 and briefs. 

11 ‘‘(iii) SERVICE.—The respondent is 

12 the Secretary of Homeland Security. In ad13 dition to serving the respondent, the peti14 tioner shall also serve the Attorney Gen15 eral. 

16 ‘‘(iv) PETITIONER’S BRIEF.—The pe17 titioner shall serve and file a brief in con18 nection with a petition for judicial review 

19 not later than 40 days after the date on 

20 which the administrative record is avail21 able, and may serve and file a reply brief 

22 not later than 14 days after service of the 

23 brief of the respondent, and the court may 

24 not extend these deadlines, except for good 

25 cause shown. If a petitioner fails to file a 


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1 brief within the time provided in this para2 graph, the court shall dismiss the appeal 

3 unless a manifest injustice would result. 

4 ‘‘(v) SCOPE AND STANDARD FOR RE5 VIEW.—The court of appeals shall decide 

6 the petition only on the administrative 

7 record on which the final determination is 

8 based. The burden shall be on the peti9 tioner to show that the final determination 

10 was arbitrary, capricious, an abuse of dis11 cretion, not supported by substantial evi12 dence, or otherwise not in accordance with 

13 law. 

14 ‘‘(C) EXHAUSTION OF ADMINISTRATIVE

15 REMEDIES.—A court may review a final deter16 mination under paragraph (4)(C) only if— 

17 ‘‘(i) the petitioner has exhausted all 

18 administrative remedies available to the pe19 titioner as of right; and 

20 ‘‘(ii) another court has not decided 

21 the validity of the order, unless the review22 ing court finds that the petition presents 

23 grounds that could not have been pre24 sented in the prior judicial proceeding or 

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1 ceeding was inadequate or ineffective to 

2 test the validity of the order. 

3 ‘‘(D) LIMIT ON INJUNCTIVE RELIEF.—Re4 gardless of the nature of the action or claim or 

5 of the identity of the party or parties bringing 

6 the action, no court (other than the Supreme 

7 Court) shall have jurisdiction or authority to 

8 enjoin or restrain the operation of the provi9 sions in this section, other than with respect to 

10 the application of such provisions to an indi11 vidual petitioner. 

12 ‘‘(8) ENFORCEMENT OF ORDERS.—If the final 

13 determination issued against the employer under 

14 this subsection is not subject to review under para15 graph (7), the Attorney General, upon request by 

16 the Secretary, may bring a civil action to enforce 

17 compliance with the final determination in any ap18 propriate district court of the United States. The 

19 court, on a proper showing, shall issue a temporary 

20 restraining order or a preliminary or permanent in21 junction requiring that the employer comply with the 

22 final determination issued against that employer 

23 under this subsection. In any such civil action, the 

24 validity and appropriateness of the final determina25 tion shall not be subject to review. 


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1 ‘‘(9) LIENS.— 

2 ‘‘(A) CREATION OF LIEN.—If any employer 

3 liable for a fee or penalty under this section ne4 glects or refuses to pay such liability and fails 

5 to file a petition for review (if applicable) under 

6 paragraph (7), such liability is a lien in favor 

7 of the United States on all property and rights 

8 to property of such person as if the liability of 

9 such person were a liability for a tax assessed 

10 under the Internal Revenue Code of 1986. If a 

11 petition for review is filed as provided in para12 graph (7), the lien (if any) shall arise upon the 

13 entry of a final judgment by the court. The lien 

14 continues for 20 years or until the liability is 

15 satisfied, remitted, set aside, or terminated. 

16 ‘‘(B) EFFECT OF FILING NOTICE OF

17 LIEN.—Upon filing of a notice of lien in the 

18 manner in which a notice of tax lien would be 

19 filed under paragraphs (1) and (2) of section 

20 6323(f) of the Internal Revenue Code of 1986, 

21 the lien shall be valid against any purchaser, 

22 holder of a security interest, mechanic’s lien or 

23 judgment lien creditor, except with respect to 

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1 ternal Revenue Code of 1986 for which a notice 

2 of tax lien properly filed on the same date 

3 would not be valid. The notice of lien shall be 

4 considered a notice of lien for taxes payable to 

5 the United States for the purpose of any State 

6 or local law providing for the filing of a notice 

7 of a tax lien. A notice of lien that is registered, 

8 recorded, docketed, or indexed in accordance 

9 with the rules and requirements relating to 

10 judgments of the courts of the State where the 

11 notice of lien is registered, recorded, docketed, 

12 or indexed shall be considered for all purposes 

13 as the filing prescribed by this section. The pro14 visions of section 3201(e) of chapter 176 of title 

15 28, United States Code, shall apply to liens 

16 filed as prescribed under this section. 

17 ‘‘(C) ENFORCEMENT OF A LIEN.—A lien 

18 obtained through this process shall be consid19 ered a debt (as defined in section 3002 of title 

20 28, United States Code) and enforceable pursu21 ant to the Federal Debt Collection Procedures 

22 Act (28 U.S.C. 3201 et seq.). 

23 ‘‘(10) TRANSITION PROVISION.—The Attorney 

24 General shall have jurisdiction to adjudicate admin25 istrative proceedings under this subsection, pursuant 


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1 to procedures for hearings before administrative law 

2 judges as in effect under section 274A(e) of this Act 

3 and its implementing regulations on the day imme4 diately before the date of the enactment of the CIR 

5 Act of 2011, until the date that regulations promul6 gated by the Secretary, in consultation with the At7 torney General, for the adjudication of cases under 

8 this subsection are in effect. Such regulations may 

9 provide for the continuing jurisdiction of the Attor10 ney General over cases pending before the Attorney 

11 General on such date that the regulations are pro12 mulgated. Sections 1512 and 1517 of the Homeland 

13 Security Act (6 U.S.C. 552 and 557) shall apply to 

14 any transfer of jurisdiction to adjudicate cases under 

15 this subsection from the Attorney General to the 

16 Secretary as if such transfer is a transfer under the 

17 Homeland Security Act; provided that, nothing in 

18 this sentence shall be construed to require any 

19 transfer of personnel from the Department of Jus20 tice to the Department of Homeland Security. 

21 ‘‘(f) PROHIBITION OF INDEMNITY BONDS.— 

22 ‘‘(1) PROHIBITION.—It is unlawful for an em23 ployer, in the hiring of any individual, to require the 

24 individual to post a bond or security, to pay or agree 

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1 cial guarantee or indemnity, against any potential li2 ability arising under this section relating to such hir3 ing of the individual. 

4 ‘‘(2) CIVIL PENALTY.—Any employer who is de5 termined, after notice and opportunity for mitigation 

6 of the monetary penalty under subsection (e), to 

7 have violated paragraph (1) shall be subject to a 

8 civil penalty of $10,000 for each violation and to an 

9 administrative order requiring the return of any 

10 amounts received in violation of such paragraph to 

11 the employee or, if the employee cannot be located, 

12 to the general fund of the Treasury. 

13 ‘‘(g) GOVERNMENT CONTRACTS.— 

14 ‘‘(1) CONTRACTORS AND RECIPIENTS.—When15 ever an employer who holds Federal contracts, 

16 grants, or cooperative agreements, or reasonably 

17 may be expected to submit offers for or be awarded 

18 a government contract, is determined by the Sec19 retary to be a repeat violator of this section or is 

20 convicted of a crime under this section, the employer 

21 shall be subject to debarment from the receipt of 

22 Federal contracts, grants, or cooperative agreements 

23 for a period of up to 5 years in accordance with the 

24 procedures and standards prescribed by the Federal 

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1 ployer, the Secretary, in cooperation with the Ad2 ministrator of General Services, shall advise all 

3 agencies holding contracts, grants, or cooperative 

4 agreements with the employer of the proceedings to 

5 debar the employer from the receipt of new Federal 

6 contracts, grants, or cooperative agreements for a 

7 period of up to 5 years. After consideration of the 

8 views of agencies holding contracts, grants or coop9 erative agreements with the employer, the Secretary 

10 may, in lieu of proceedings to debar the employer 

11 from the receipt of new Federal contracts, grants, or 

12 cooperative agreements for a period of up to 5 years, 

13 waive operation of this subsection, limit the duration 

14 or scope of the proposed debarment, or may refer to 

15 an appropriate lead agency the decision of whether 

16 to seek debarment of the employer, for what dura17 tion, and under what scope in accordance with the 

18 procedures and standards prescribed by the Federal 

19 Acquisition Regulation. However, any administrative 

20 determination of liability for civil penalty by the Sec21 retary or the Attorney General shall not be review22 able in any debarment proceeding. 

23 ‘‘(2) EFFECT OF INDICTMENTS OR OTHER AC24 TIONS.—Indictments for violations of this section or 

25 adequate evidence of actions that could form the 


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1 basis for debarment under this subsection shall be 

2 considered a cause for suspension under the proce3 dures and standards for suspension prescribed by 

4 the Federal Acquisition Regulation. 

5 ‘‘(3) INADVERTENT VIOLATIONS.—Inadvertent 

6 violations of recordkeeping or verification require7 ments, in the absence of any other violations of this 

8 section, shall not be a basis for determining that an 

9 employer is a repeat violator for purposes of this 

10 subsection. 

11 ‘‘(4) OTHER REMEDIES AVAILABLE.—Nothing 

12 in this subsection shall be construed to modify or 

13 limit any remedy available to any agency or official 

14 of the Federal Government for violation of any con15 tractual requirement to participate in the System, as 

16 provided in the final rule published at 73 Federal 

17 Register 67,651 (Nov. 14, 2008), or any subsequent 

18 amendments to such rule. 

19 ‘‘(h) PREEMPTION.—The provisions of this section 

20 preempt any State or local law, contract license, or other 

21 standard, requirement, action or instrument from— 

22 ‘‘(1) imposing sanctions or liabilities for em23 ploying, or recruiting or referring for employment, 

24 unauthorized aliens, or for working without employ25 ment authorization; 


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1 ‘‘(2) requiring those hiring, recruiting, or refer2 ring individuals for employment to ascertain or 

3 verify the individuals’ employment authorization or 

4 to participate in an employment authorization 

5 verification system, or requiring individuals to dem6 onstrate employment authorization; and 

7 ‘‘(3) requiring, authorizing or permitting the 

8 use of an employment verification system, unless 

9 otherwise mandated by Federal law, for any other 

10 purpose, including verifying the status of renters, 

11 determining eligibility for receipt of benefits, enroll12 ment in school, obtaining or retaining a business li13 cense or other license, or conducting a background 

14 check. 

15 ‘‘(i) BACKPAY REMEDIES.—Neither backpay nor any 

16 other monetary remedy for unlawful employment prac17 tices, workplace injuries or other causes of action giving 

18 rise to liability shall be denied to a present or former em19 ployee on account of— 

20 ‘‘(1) the employer’s or the employee’s failure to 

21 comply with the requirements of this section in es22 tablishing or maintaining the employment relation23 ship; the employee‘s violation of the provisions of 

24 federal law related to the employment verification 

25 system set forth in subsection (a); or’ 


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1 ‘‘(2) the employee’s continuing status as an un2 authorized alien both during and after termination 

3 of employment. 

4 ‘‘(j) DEPOSIT OF AMOUNTS RECEIVED.—Except as 

5 otherwise specified, civil penalties collected under this sec6 tion shall be deposited by the Secretary into the Immigra7 tion Reform Penalty Account. 

8 ‘‘(k) CHALLENGES TO VALIDITY OF THE SYSTEM.— 

9 ‘‘(1) IN GENERAL.—Any right, benefit, or claim 

10 not otherwise waived or limited pursuant to this sec11 tion is available in an action instituted in the United 

12 States District Court for the District of Columbia, 

13 but shall be limited to determinations of— 

14 ‘‘(A) whether this section, or any regula15 tion issued to implement this section, violates 

16 the Constitution of the United States; or 

17 ‘‘(B) whether such a regulation issued by 

18 or under the authority of the Secretary to im19 plement this section, is contrary to applicable 

20 provisions of this section or was issued in viola21 tion of title 5, chapter 5, United States Code. 

22 ‘‘(2) DEADLINES FOR BRINGING ACTIONS.— 

23 Any action instituted under this subsection shall be 

24 filed not later than 180 days after the date of the 

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1 tion described in subparagraph (A) or (B) of para2 graph (1). 

3 ‘‘(3) CONSTRUCTION.—In determining whether 

4 the Secretary’s interpretation regarding any provi5 sion of this section is contrary to law, a court shall 

6 accord to such interpretation the maximum def7 erence permissible under the Constitution. 

8 ‘‘(l) PRIVATE RIGHT OF ACTION.—Any person or en9 tity who is injured in his business or property by reason 

10 of the employment of an unauthorized alien by any other 

11 person or entity may sue such other person or entity in 

12 any district court of the United States in the district in 

13 which the defendant resides or is found or has an agent, 

14 without respect to the amount in controversy, and shall 

15 recover threefold the damages sustained, and the cost of 

16 suit, including reasonable attorney’s fees. The award of 

17 interest, and the amount of damages payable to foreign 

18 states and instrumentalities of foreign states, shall be de19 termined in the manner provided by section 15 of title 15, 

20 United States Code. The provision shall become effective 

21 3 years after the date of the enactment of the CIR Act 

22 of 2011 and shall apply only to injury occurring after the 

23 effective date. 

24 ‘‘(m) CRIMINAL PENALTIES AND INJUNCTIONS FOR

25 PATTERN OR PRACTICE VIOLATIONS.— 


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1 ‘‘(1) PATTERN AND PRACTICE.—Any employer 

2 who engages in a pattern or practice of knowing vio3 lations of paragraph (1)(A) or (2) of subsection (a) 

4 shall be fined under title 18, United States Code, 

5 imprisoned for not more than 3 years for the entire 

6 pattern or practice, or both. 

7 ‘‘(2) ENJOINING OF PATTERN OR PRACTICE

8 VIOLATIONS.—Whenever the Secretary or the Attor9 ney General has reasonable cause to believe that an 

10 employer is engaged in a pattern or practice of em11 ployment in violation of paragraph (1)(A) or (2) of 

12 subsection (a), the Attorney General may bring a 

13 civil action in the appropriate district court of the 

14 United States requesting such relief, including a per15 manent or temporary injunction, restraining order, 

16 or other order against the employer, as the Sec17 retary or Attorney General determines to be nec18 essary. 

19 ‘‘(n) CRIMINAL PENALTIES FOR UNLAWFUL EM20 PLOYMENT.— 

21 ‘‘(1) UNAUTHORIZED ALIENS.—Any person 

22 who, during any 12-month period, knowingly em23 ploys or hires for employment 10 or more individuals 

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1 section (b)(1) of this section) shall be fined under 

2 title 18, United States Code, imprisoned for not 

3 more than 5 years, or both. 

4 ‘‘(2) ABUSIVE EMPLOYMENT.—Any person who, 

5 during any 12-month period, knowingly employs or 

6 hires for employment 10 or more individuals within 

7 the United States— 

8 ‘‘(A) knowing that the individuals are un9 authorized aliens; and 

10 ‘‘(B) under conditions that violate section 

11 206 or 207 of title 29, United States Code (re12 lating to minimum wages and maximum hours 

13 of employment), 

14 shall be fined under title 18, United States Code, or 

15 imprisoned for not more than 10 years, or both. 

16 ‘‘(3) ATTEMPT AND CONSPIRACY.—Any person 

17 who attempts or conspires to commit any offense 

18 under this subsection shall be punished in the same 

19 manner as a person who completes the offense.’’. 

20 (b) CONFORMING AMENDMENT.—Section 274(a)(3) 

21 of the Immigration and Nationality Act (8 U.S.C. 

22 1324(a)(3)) is repealed. 


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1 SEC. 172. COMPLIANCE BY DEPARTMENT OF HOMELAND 

2 SECURITY CONTRACTORS WITH CONFIDEN3 TIALITY SAFEGUARDS. 

4 (a) IN GENERAL.—Section 6103(p) of the Internal 

5 Revenue Code is amended by adding at the end the fol6 lowing new paragraph: 

7 ‘‘(9) DISCLOSURE TO DEPARTMENT OF HOME8 LAND SECURITY.—Notwithstanding any other provi9 sion of this section, no return or return information 

10 shall be disclosed to any contractor of the Depart11 ment of Homeland Security unless such Department, 

12 to the satisfaction of the Secretary of the Treas13 ury— 

14 ‘‘(A) has requirements in effect that re15 quire each such contractor that would have ac16 cess to returns or return information to provide 

17 safeguards (within the meaning of paragraph 

18 (4)) to protect the confidentiality of such re19 turns or return information; 

20 ‘‘(B) agrees to conduct an on-site review 

21 every 3 years (mid-point review in the case of 

22 contracts or agreements of less than 3 years in 

23 duration) of each contractor to determine com24 pliance with such requirements; 

25 ‘‘(C) submits the findings of the most re26 cent review conducted under subparagraph (B) 


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1 to the Secretary as part of the report required 

2 by paragraph (4)(E); and 

3 ‘‘(D) certifies to the Secretary for the most 

4 recent annual period that such contractor is in 

5 compliance with all such requirements, which 

6 shall include the name and address of each con7 tractor, a description of the contract or agree8 ment with such contractor, and the duration of 

9 such contract or agreement.’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) Section 6103(p)(8)(B) of such Code is 

12 amended by inserting ‘‘or paragraph (9)’’ after 

13 ‘‘subparagraph (A)’’. 

14 (2) Section 7213(a)(2) of such Code is amended 

15 by striking ‘‘or (20)’’ and inserting ‘‘(20), or (21)’’. 

16 (c) REPEAL OF REPORTING REQUIREMENTS.— 

17 (1) REPORT ON EARNINGS OF ALIENS NOT AU18 THORIZED TO WORK.—Subsection (c) of section 290 

19 of the Immigration and Nationality Act (8 U.S.C. 

20 1360) is repealed. 

21 (2) REPORT ON FRAUDULENT USE OF SOCIAL

22 SECURITY ACCOUNT NUMBERS.—Subsection (b) of 

23 section 414 of the Illegal Immigration Reform and 

24 Immigrant Responsibility Act of 1996 (division C of 


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1 Public Law 104–208; 8 U.S.C. 1360 note) is re2 pealed. 

3 SEC. 173. INCREASING SECURITY AND INTEGRITY OF SO4 CIAL SECURITY CARDS. 

5 (a) FRAUD RESISTANT, TAMPER-RESISTANT, AND

6 WEAR-RESISTANT SOCIAL SECURITY CARDS.— 

7 (1) ISSUANCE.— 

8 (A) PRELIMINARY WORK.—Not later than 

9 180 days after the date of the enactment of this 

10 Act, the Commissioner of Social Security shall 

11 begin work to administer and issue fraud-resist12 ant, tamper-resistant, and wear-resistant Social 

13 Security cards. 

14 (B) COMPLETION.—Not later than 2 years 

15 after the date of the enactment of this Act, the 

16 Commissioner of Social Security shall issue only 

17 fraud-resistant, tamper-resistant and wear-re18 sistant Social Security cards. 

19 (2) AMENDMENT.—Section 205(c)(2)(G) of the 

20 Social Security Act (42 U.S.C. 405(c)(2)(G)) is 

21 amended to read— 

22 ‘‘(i) The Commissioner of Social Secu23 rity shall issue a Social Security card to 

24 each individual at the time of the issuance 

25 of a Social Security account number to 


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1 such individual. The Social Security card 

2 shall be fraud-resistant, tamper-resistant 

3 and wear-resistant.’’. 

4 (3) AUTHORIZATION OF APPROPRIATIONS.— 

5 There are authorized to be appropriated such sums 

6 as may be necessary to carry out this subsection and 

7 the amendments made by this subsection. 

8 (b) MULTIPLE CARDS.—Section 205(c)(2)(G) of the 

9 Social Security Act (42 U.S.C. 405(c)(2)(G)) is further 

10 amended by adding at the end the following: 

11 ‘‘(ii) The Commissioner of Social Se12 curity shall not issue a replacement Social 

13 Security card to any individual unless the 

14 Commissioner determines that the purpose 

15 for requiring the issuance of the replace16 ment document is legitimate.’’. 

17 (c) CRIMINAL PENALTIES.—Section 208(a) of the 

18 Social Security Act (42 U.S.C. 408(a)) is amended— 

19 (1) by amending paragraph (7) to read as fol20 lows: 

21 ‘‘(7) for any purpose— 

22 ‘‘(A) knowingly uses a Social Security ac23 count number or social security card knowing 

24 that the number or card was obtained from the 

25 Commissioner of Social Security by means of 


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1 fraud or false statement with the intent to de2 fraud the actual holder of the number or card; 

3 ‘‘(B) knowingly and falsely represents a 

4 number to be the Social Security account num5 ber assigned by the Commissioner of Social Se6 curity to him or to another person, when in fact 

7 such number is not the Social Security account 

8 number assigned by the Commissioner of Social 

9 Security to him or to such other person with 

10 the intent to defraud the actual holder of the 

11 number or card; 

12 ‘‘(C) knowingly sells, or possesses with in13 tent sell a Social Security account number or a 

14 Social Security card that is or purports to be a 

15 number or card issued by the Commissioner of 

16 Social Security; or 

17 ‘‘(D) knowingly alters, counterfeits, forges, 

18 or falsely makes a Social Security account num19 ber or a Social Security card; 

20 ‘‘(E) knowingly distributes a social security 

21 account number or a Social Security card know22 ing the number or card to be altered, counter23 feited, forged, falsely made, or stolen; or;’’; 

24 (2) in paragraph (8)— 


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1 (A) by inserting the word ‘‘knowingly’’ im2 mediately before the word ‘‘discloses’’; 

3 (B) by inserting the word ‘‘account’’ imme4 diately after the word ‘‘security’’; and 

5 (C) by adding ‘‘or’’ at the end of the para6 graph; 

7 (3) by inserting immediately after paragraph 

8 (8) the following: 

9 ‘‘(9) without lawful authority, knowingly pro10 duces or acquires for any person a Social Security 

11 account number, a Social Security card, or a number 

12 or card that purports to be a Social Security account 

13 number or Social Security card;’’; 

14 (4) in the undesignated penalty language at the 

15 end of subsection (a), by striking the word ‘‘five’’ 

16 and inserting the word ‘‘ten’’. 

17 (d) CONSPIRACY AND DISCLOSURE.—Section 208 of 

18 the Social Security Act (42 U.S.C. 408) is amended by 

19 adding at the end the following: 

20 ‘‘(f) Whoever attempts or conspires to violate any 

21 criminal provision within this section shall be punished in 

22 the same manner as a person who completes a violation 

23 of that provision.’’. 


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1 SEC. 174. INCREASING SECURITY AND INTEGRITY OF IMMI2 GRATION DOCUMENTS. 

3 Not later than 1 year after the date of the enactment 

4 of this Act, the Secretary shall— 

5 (1) issue only machine-readable, tamper-resist6 ant employment authorization documents that use 

7 biometric identifiers; and 

8 (2) submit a report to Congress that describes 

9 the feasibility, advantages, and disadvantages of 

10 issuing a document described in paragraph (1) to 

11 any nonimmigrant alien authorized for employment 

12 with a specific employer. 

13 SEC. 175. RESPONSIBILITIES OF THE SOCIAL SECURITY AD14 MINISTRATION. 

15 Section 205(c)(12) of the Social Security Act, 42 

16 U.S.C. 405(c)(2), is amended by adding at the end the 

17 following new subparagraph: 

18 ‘‘(A) RESPONSIBILITIES OF THE COMMIS19 SIONER OF SOCIAL SECURITY.— 

20 ‘‘(i) As part of the verification system, 

21 the Commissioner of Social Security shall, 

22 subject to the provisions of section 

23 274A(d) of the Immigration and Nation24 ality Act, establish a reliable, secure meth25 od that, operating through the System and 

26 within the time periods specified in section 


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1 274A(d) of the Immigration and Nation2 ality Act: 

3 ‘‘(I) Compares the name, date of 

4 birth, Social Security account number 

5 and available citizenship information 

6 provided in an inquiry against such 

7 information maintained by the Com8 missioner in order to confirm (or not 

9 confirm) the validity of the informa10 tion provided regarding an individual 

11 whose identity and employment eligi12 bility shall be confirmed. 

13 ‘‘(II) Determines the correspond14 ence of the name, number, and any 

15 other identifying information. 

16 ‘‘(III) Determines whether the 

17 name and number belong to an indi18 vidual who is deceased. 

19 ‘‘(IV) Determines whether an in20 dividual is a national of the United 

21 States (when available). 

22 ‘‘(V) Determines whether the in23 dividual has presented a Social Secu24 rity account number that is not valid 

25 for employment. 


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1 The System shall not disclose or release 

2 Social Security information to employers 

3 through the confirmation system (other 

4 than such confirmation or nonconfirma5 tion, information provided by the employer 

6 to the System, or the reason for the 

7 issuance of a further action notice). 

8 ‘‘(ii) SOCIAL SECURITY ADMINISTRA9 TION DATABASE IMPROVEMENTS.—For 

10 purposes of preventing identity theft, pro11 tecting employees, and reducing burden on 

12 employers, and notwithstanding section 

13 6103 of the Internal Revenue Code of 

14 1986, the Commissioner of Social Security, 

15 in consultation with the Secretary of 

16 Homeland Security, shall review the Social 

17 Security Administration databases and in18 formation technology to identify any defi19 ciencies and discrepancies related to name, 

20 birth date, citizenship status, or death 

21 records of the Social Security accounts and 

22 Social Security account holders likely to 

23 contribute to fraudulent use of documents, 

24 or identity theft, or to affect the proper 

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1 rect any identified errors. The Commis2 sioner shall ensure that a system for iden3 tifying and correcting such deficiencies and 

4 discrepancies is adopted to ensure the ac5 curacy of the Social Security Administra6 tion’s databases. 

7 ‘‘(iii) NOTIFICATION TO SUSPEND USE

8 OF SOCIAL SECURITY NUMBER.—The Com9 missioner of Social Security, in consulta10 tion with the Secretary of Homeland Secu11 rity, may establish a secure process where12 by an individual can request that the Com13 missioner preclude any confirmation under 

14 the System based on that individual’s So15 cial Security number until it is reactivated 

16 by that individual.’’. 

17 SEC. 176. ANTIDISCRIMINATION PROTECTIONS. 

18 (a) AMENDMENTS.—Section 274B (8 U.S.C. 1324b) 

19 is amended— 

20 (1) by amending subsection (a) to read as fol21 lows: 

22 ‘‘(a) PROHIBITION OF DISCRIMINATION BASED ON

23 NATIONAL ORIGIN OR CITIZENSHIP STATUS.— 

24 ‘‘(1) IN GENERAL.—It is an unfair immigra25 tion-related employment practice for a person or 


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1 other entity to discriminate against any individual, 

2 because of such individual’s national origin or citi3 zenship status, with respect to the hiring of the indi4 vidual for employment, the verification of the indi5 vidual’s eligibility for employment through the Sys6 tem described in section 274A(d), the compensation, 

7 terms, conditions, or privileges of the employment of 

8 the individual, or the discharging of the individual 

9 from employment. 

10 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

11 apply to— 

12 ‘‘(A) a person or other entity that employs 

13 3 or fewer employees, except for an employment 

14 agency, as defined in paragraph (9); 

15 ‘‘(B) a person’s or entity’s discrimination 

16 because of an individual’s national origin if the 

17 discrimination with respect to that person or 

18 entity and that individual is covered under sec19 tion 703 of the Civil Rights Act of 1964 (42 

20 U.S.C. 2000e–2); 

21 ‘‘(C) discrimination because of citizenship 

22 status which is otherwise required in order to 

23 comply with law, regulation, or executive order, 

24 or required by Federal, State, or local govern25 ment contract, or which the Attorney General 


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1 determines to be essential for an employer to do 

2 business with an agency or department of the 

3 Federal, State, or local government. 

4 ‘‘(3) ADDITIONAL EXCEPTION PROVIDING

5 RIGHT TO PREFER EQUALLY QUALIFIED CITIZENS.— 

6 Notwithstanding any other provision of this section, 

7 it is not an unfair immigration-related employment 

8 practice for a person or other entity to prefer to 

9 hire, recruit, or refer an individual who is a citizen 

10 or national of the United States over another indi11 vidual who is an alien if the two individuals are 

12 equally qualified. 

13 ‘‘(4) UNFAIR IMMIGRATION-RELATED EMPLOY14 MENT PRACTICES AND THE SYSTEM.—It is also an 

15 unfair immigration-related employment practice for 

16 a person or other entity— 

17 ‘‘(A) to terminate the employment of an 

18 individual or take any adverse employment ac19 tion with respect to that individual (including 

20 any change in the terms and conditions of em21 ployment of the individual) due to a further ac22 tion notice issued by the System, or the individ23 ual’s decision to challenge or appeal any System 

24 determination; 


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1 ‘‘(B) to use the System with regard to any 

2 person who is not an employee; 

3 ‘‘(C) to use the System to reverify the em4 ployment authorization of a current employee, 

5 other than reverification upon expiration of em6 ployment authorization, or as otherwise author7 ized under section 274A(d) or by Executive 

8 Order; 

9 ‘‘(D) to use the System selectively to ex10 clude certain individuals from consideration for 

11 employment as a result of a perceived likelihood 

12 that additional verification will be required, be13 yond what is required for most newly hired in14 dividuals; 

15 ‘‘(E) to fail to provide any required notice 

16 to a current employee within the relevant time 

17 period; 

18 ‘‘(F) to use the System to deny workers’ 

19 employment benefits or otherwise interfere with 

20 their labor rights; 

21 ‘‘(G) to use the System for any discrimina22 tory or retaliatory purpose; 

23 ‘‘(H) to use the System to prescreen an in24 dividual for employment; and 


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1 ‘‘(I) to use an immigration status 

2 verification system or service other than those 

3 described in section 274A for purposes of 

4 verifying employment eligibility under that sec5 tion. 

6 ‘‘(5) PROHIBITION OF INTIMIDATION OR RETAL7 IATION.—It is also an unfair immigration-related 

8 employment practice for a person or other entity to 

9 intimidate, threaten, coerce, or retaliate against any 

10 individual for the purpose of interfering with any 

11 right or privilege secured under this section or be12 cause the individual intends to file or has filed a 

13 charge or a complaint, testified, assisted, or partici14 pated in any manner in an investigation, proceeding, 

15 or hearing under this section. 

16 ‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY

17 PRACTICES AS EMPLOYMENT PRACTICES.—A per18 son’s or other entity’s request, for purposes of satis19 fying the requirements of section 274A(b), for more 

20 or different documents than are required under such 

21 section or refusing to honor documents tendered 

22 that reasonably appear to be genuine shall be treat23 ed as an unfair immigration-related employment 

24 practice in violation of paragraph (1). 


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1 ‘‘(7) BURDEN OF PROOF IN DISPARATE IMPACT

2 CASES.— 

3 ‘‘(A) An unlawful immigration-related em4 ployment practice or unfair employment prac5 tice case based on disparate impact is estab6 lished only if: 

7 ‘‘(i) A complaining party dem8 onstrates that a respondent uses a par9 ticular employment practice that causes a 

10 disparate impact on the basis of national 

11 origin or citizenship status and the re12 spondent fails to demonstrate that the 

13 challenged practice is job related for the 

14 position in question and consistent with 

15 business necessity. 

16 ‘‘(ii) The complaining party dem17 onstrates that an alternative employment 

18 practice is available and the respondent re19 fuses to adopt such an alternative employ20 ment practice. An alternative employment 

21 practice is defined as a policy that would 

22 satisfy the employer’s legitimate interests 

23 without having a disparate impact on a 

24 protected class. 


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1 ‘‘(B) With respect to demonstrating that a 

2 particular employment practice causes a dis3 parate impact as described in subparagraph 

4 (A), the complaining party shall demonstrate 

5 that each particular challenged employment 

6 practice causes a disparate impact, except that 

7 if the complaining party can demonstrate to the 

8 court that the elements of a respondent’s deci9 sion-making process are not capable of separa10 tion for analysis, the decision-making process 

11 may be analyzed as one employment practice. 

12 ‘‘(C) If the respondent demonstrates that a 

13 specific employment practice does not cause the 

14 disparate impact, the respondent shall not be 

15 required to demonstrate that such practice is 

16 required by business necessity. 

17 ‘‘(D) A demonstration that an employment 

18 practice is required by business necessity may 

19 not be used as a defense against a claim of in20 tentional discrimination under this statute. 

21 ‘‘(8) MOTIVATING FACTOR.—Except as other22 wise provided in this Act, an unlawful immigration23 related unfair employment practice is established 

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1 tor for any employment practice, even though other 

2 factors also motivated the practice. 

3 ‘‘(9) EMPLOYMENT AGENCY DEFINED.—As 

4 used in this section, the term ‘employment agency’ 

5 means any person or entity regularly undertaking 

6 with or without compensation to procure employees 

7 for an employer or to procure for employees oppor8 tunities to work for an employer and includes an 

9 agent of such person or entity.’’; 

10 (2) in subsection (d), by amending paragraphs 

11 (1) and (2) to read as follows: 

12 ‘‘(1) The Special Counsel shall investigate each 

13 charge received and determine whether or not there 

14 is reasonable cause to believe that the charge is true 

15 and whether or not to bring a complaint with respect 

16 to the charge before an administrative law judge. 

17 The Special Counsel may, on his or her own initia18 tive, conduct investigations respecting unfair immi19 gration-related employment practices or unfair em20 ployment practices and, based on such an investiga21 tion, file a complaint before such judge. 

22 ‘‘(2) If the Special Counsel, after receiving such 

23 a charge respecting an unfair immigration-related 

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1 tern or practice of discriminatory activity, has not 

2 filed a complaint before an administrative law judge 

3 with respect to such charge within 120 days, the 

4 Special Counsel shall notify the person making the 

5 charge of the determination not to file such a com6 plaint during such period and the person making the 

7 charge may file a complaint directly before such 

8 judge within 90 days after the date of receipt of the 

9 notice.’’; 

10 (3) in subsection (g)(2)— 

11 (A) in subparagraph (A), by inserting be12 fore the period ‘‘and which requires such af13 firmative action as may be appropriate, or any 

14 other individual equitable relief as the adminis15 trative law judge determines appropriate.’’; 

16 (B) in subparagraph (B)— 

17 (i) in clause (iii), by inserting before 

18 the semicolon ‘‘, and to provide such other 

19 relief as the administrative law judge de20 termines appropriate to make the indi21 vidual whole’’; and 

22 (ii) by amending clause (iv) to read as 

23 follows— 

24 ‘‘(iv) to pay any applicable civil pen25 alties proscribed below, the amounts of 


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1 which may be adjusted periodically to ac2 count for inflation as provided by law— 

3 ‘‘(I) except as provided in sub4 clauses (II) through (IV), to pay a 

5 civil penalty of not less than $2,000 

6 and not more than $5,000 for each in7 dividual subjected to an unfair immi8 gration related employment practice; 

9 ‘‘(II) except as provided in sub10 clauses (III) and (IV), in the case of 

11 a person or entity previously subject 

12 to a single order under this para13 graph, to pay a civil penalty of not 

14 less than $4,000 and not more than 

15 $10,000 for each individual subjected 

16 to an unfair immigration related em17 ployment practice; 

18 ‘‘(III) except as provided in sub19 clause (IV), in the case of a person or 

20 entity previously subject to more than 

21 one order under this paragraph, to 

22 pay a civil penalty of not less than 

23 $8,000 and not more than $25,000 

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1 fair immigration related employment 

2 practice; and 

3 ‘‘(IV) in the case of an unfair im4 migration-related employment practice 

5 described in subsection (a)(6) of this 

6 section, to pay a civil penalty of not 

7 less than $500 and not more than 

8 $5,000 for each individual subjected 

9 to an unfair immigration related em10 ployment practice.’’; 

11 (C) in clause (vii) by striking ‘‘and’’ at the 

12 end; 

13 (D) in clause (viii), by striking the period 

14 at the end and inserting ‘‘; and’’; and 

15 (E) by adding at the end the following: 

16 ‘‘(ix)(I) An order of the administrative 

17 law judge may not require the admission 

18 or reinstatement of an individual as a 

19 member of a union, or the hiring, rein20 statement, or promotion of an individual as 

21 an employee, if such individual was refused 

22 admission, suspended, or expelled, or was 

23 refused employment or advancement or 

24 was suspended or discharged more likely 

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1 crimination on account of citizenship sta2 tus or national origin or in violation of this 

3 section. 

4 ‘‘(II) On a claim in which an indi5 vidual proves a violation under paragraph 

6 (a)(9) and a respondent demonstrates that 

7 the respondent would have taken the same 

8 action in the absence of the impermissible 

9 motivating factor, the administrative law 

10 judge may grant declaratory relief, injunc11 tive relief (except as provided in clause 

12 (b)(2)), and attorney’s fees and costs dem13 onstrated to be directly attributable only to 

14 the pursuit of a claim under paragraph 

15 (a)(9); and shall not award damages or 

16 issue an order requiring any admission, re17 instatement, hiring, promotion, or pay18 ment, described in subparagraph (I).’’; 

19 (4) in subsection (l)(3), by inserting ‘‘and an 

20 additional $40,000,000 for each of fiscal years 2012 

21 through 2014’’ before the period at the end; and 

22 (5) by adding at the end the following: 

23 ‘‘(m) REPORTS.—The Secretary of Homeland Secu24 rity shall make transactional data and citizenship status 


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1 data related to the System available upon request by the 

2 Special Counsel. 

3 ‘‘(n) RECORDS.— 

4 ‘‘(1) IN GENERAL.—Every employer, employ5 ment agency, and labor organization subject to this 

6 section shall— 

7 ‘‘(A) make and keep such records relevant 

8 to the determinations of whether unlawful em9 ployment practices have been or are being com10 mitted; 

11 ‘‘(B) preserve such records for such peri12 ods; and 

13 ‘‘(C) make reports from such records as 

14 prescribed by the Special Counsel, by regulation 

15 or order, after public hearing, as reasonable, 

16 necessary, or appropriate for the enforcement of 

17 this section. 

18 ‘‘(2) COOPERATION.—The Special Counsel 

19 may— 

20 ‘‘(A) cooperate with State and local agen21 cies charged with the administration of State 

22 fair employment practices laws; 

23 ‘‘(B) with the consent of the agencies re24 ferred to in subparagraph (A), for the purpose 

25 of carrying out its functions and duties under 


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1 this section, and within the limitation of funds 

2 appropriated specifically for such purpose— 

3 ‘‘(i) engage in and contribute to the 

4 cost of research and other projects of mu5 tual interest undertaken by such agencies; 

6 ‘‘(ii) utilize the services of such agen7 cies and their employees; and 

8 ‘‘(iii) notwithstanding any other provi9 sion of law, pay by advance or reimburse10 ment such agencies and their employees 

11 for services rendered to assist the Special 

12 Counsel in carrying out this section. 

13 ‘‘(C) in furtherance of the cooperative ef14 forts under this paragraph, enter into written 

15 agreements with such State or local agencies, 

16 which— 

17 ‘‘(i) may include provisions under 

18 which the Special Counsel shall refrain 

19 from processing a charge in any cases or 

20 class of cases specified in such agreements 

21 or under which the Special Counsel shall 

22 relieve any person or class of persons in 

23 such State or locality from requirements 

24 imposed under this section; and 


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1 ‘‘(ii) shall be rescinded if the Special 

2 Counsel determines that the agreement no 

3 longer serves the interest of effective en4 forcement of this section.’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect on the date of the enactment 

7 of this Act and shall apply to violations occurring on or 

8 after such date. 

9 SEC. 177. IMMIGRATION ENFORCEMENT SUPPORT BY THE 

10 INTERNAL REVENUE SERVICE AND THE SO11 CIAL SECURITY ADMINISTRATION. 

12 (a) INCREASE IN PENALTY ON EMPLOYER FAILING

13 TO FILE CORRECT INFORMATION RETURNS.—Section 

14 6721 of the Internal Revenue Code of 1986 (relating to 

15 failure to file correct information returns) is amended— 

16 (1) in subsection (a)(1)— 

17 (A) by striking ‘‘$100’’ and inserting 

18 ‘‘$200’’; and 

19 (B) by striking ‘‘$1,500,000’’ and insert20 ing ‘‘$2,000,000’’; 

21 (2) in subsection (b)(1)— 

22 (A) in subparagraph (A), by striking ‘‘$30 

23 in lieu of $100’’ and inserting ‘‘$60 in lieu of 

24 $200’’; and 


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1 (B) in subparagraph (B), by striking 

2 ‘‘$250,000’’ and inserting ‘‘$300,000’’; 

3 (3) in subsection (b)(2)— 

4 (A) in subparagraph (A), by striking ‘‘$60 

5 in lieu of $100’’ and inserting ‘‘$120 in lieu of 

6 $200’’; and 

7 (B) in subparagraph (B), by striking 

8 ‘‘$500,000’’ and inserting ‘‘$600,000’’; 

9 (4) in subsection (d)— 

10 (A) in the subsection heading, by striking 

11 ‘‘$5,000,000’’ and inserting ‘‘$2,000,000’’; 

12 (B) in paragraph (1)(B), by striking 

13 ‘‘ ‘$75,000’ for ‘$250,000’ ’’ and inserting 

14 ‘‘ ‘$100,000’ for ‘$300,000’ ’’; 

15 (C) in paragraph (1)(C), by striking 

16 ‘‘ ‘$200,000’ for ‘$500,000’ ’’ and inserting 

17 ‘‘ ‘$200,000’ for ‘$600,000’ ’’; and 

18 (D) in paragraph (2)(A), by striking 

19 ‘‘$5,000,000’’ and inserting ‘‘$2,000,000’’; and 

20 (5) in subsection (e)— 

21 (A) in paragraph (2)— 

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘$250’’ and insert24 ing ‘‘$400’’; 


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1 (ii) in subparagraph (C)(i), by strik2 ing ‘‘$25,000’’ and inserting ‘‘$100,000’’; 

3 and 

4 (iii) in subparagraph (C)(ii), by strik5 ing ‘‘$100,000’’ and inserting ‘‘$400,000’’; 

6 and 

7 (B) in paragraph (3)(A), by striking 

8 ‘‘$1,500,000’’ and inserting ‘‘$2,000,000’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall apply to failures occurring after the 

11 date of the enactment of this Act. 

12 SEC. 178. ENHANCED VERIFICATION SYSTEM. 

13 (a) RIGHT TO REVIEW AND CORRECT SYSTEM IN14 FORMATION.—The Secretary, in consultation with the 

15 Commissioner of Social Security, shall establish— 

16 (1) procedures to permit an individual— 

17 (A) to verify the individual’s eligibility for 

18 employment in the United States before obtain19 ing or changing employment; 

20 (B) to view the individual’s own records in 

21 the Enhanced Verification System in order to 

22 ensure the accuracy of such records; and 

23 (C) to correct or update the information 

24 used by the System regarding the individual by 


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1 electronic means, to the greatest extent prac2 ticable; and 

3 (2) procedures for establishing an Enhanced 

4 Verification System under subsection (b) through 

5 which an individual who has viewed the individual’s 

6 own record may electronically— 

7 (A) block the use of the individual’s Social 

8 Security number under the System; and 

9 (B) remove such block in order to— 

10 (i) prevent the fraudulent or other 

11 misuse of a Social Security account num12 ber; 

13 (ii) prevent employer misuse of the 

14 system; 

15 (iii) protect privacy; and 

16 (iv) limit erroneous nonconfirmations 

17 during employment verification. 

18 (b) ENHANCED VERIFICATION SYSTEM.— 

19 (1) IN GENERAL.—The Secretary, in consulta20 tion with the Commissioner of Social Security, shall 

21 establish a voluntary self-verification system to allow 

22 an individual to submit biometric information, verify 

23 the individual’s own record, and to block and 

24 unblock the use of the individual’s Social Security 

25 number in order to prevent the fraudulent or other 


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1 misuse of the individual’s Social Security number 

2 during employment verification, to prevent employer 

3 misuse of the system, to protect privacy, and to limit 

4 erroneous non-confirmations during employment 

5 verification. 

6 (2) VOLUNTARY ENROLLMENT.—An individual 

7 may enroll in the Enhanced Verification System on 

8 a voluntary basis. 

9 (3) ELECTRONIC ACCESS.—The Secretary shall 

10 establish procedures allowing individuals to use a 

11 Personal Identification Number (PIN) or other bio12 graphic information to authenticate the individual’s 

13 identity and to block and unblock the individual’s 

14 Social Security number electronically. 

15 (4) USE OF ENHANCED VERIFICATION SYSTEM

16 RECEIPT FOR PURPOSE OF EMPLOYMENT

17 VERIFICATION.—The Secretary shall establish proce18 dures to allow an individual who has authenticated 

19 the individual’s identity and unblocked the individ20 ual’s Social Security number to receive a single –use 

21 code as a receipt indicating that the individual is 

22 work authorized and has self-verified, and proce23 dures to allow the individual to use the single-use 

24 code in place of the identity and eligibility docu25 ments described in this section. 


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1 (5) EXPEDITED REVIEW PROCESS.—The Sec2 retary shall establish an expedited review process to 

3 allow an individual who has authenticated the indi4 vidual’s identity and unblocked the individual’s So5 cial Security number immediately to correct user or 

6 system errors which result in an erroneous non-con7 firmation of work eligibility. 

8 (6) REPORTS.— 

9 (A) SYSTEM ASSESSMENT.—Not later than 

10 3 months after the end of the third and fourth 

11 years in which the programs are in effect, the 

12 Secretary shall submit reports to the Committee 

13 on the Judiciary of the Senate and the Com14 mittee on the Judiciary of the House of Rep15 resentatives on the Enhanced Verification Sys16 tem that— 

17 (i) assesses the degree of fraudulent 

18 attesting of United States citizenship; 

19 (ii) assesses the benefits of the En20 hanced Verification System to employers 

21 and the degree to which it assists in the 

22 enforcement of section 274A of the Immi23 gration and Nationality Act; 

24 (iii) assesses the benefits of the En25 hanced Verification System to individuals 


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1 and the degree to which they prevent mis2 use of the System and erroneous non-con3 firmations during employment verification; 

4 (iv) determines whether the Enhanced 

5 Verification System reduces discrimination 

6 during the employment verification proc7 ess; 

8 (v) assesses the degree to which the 

9 Enhanced Verification System protects em10 ployee civil liberties and privacy; and 

11 (vi) includes recommendations on 

12 whether the Enhanced Verification System 

13 should be continued or modified. 

14 (B) REPORT ON EXPANSION.—Not later 

15 than July 1, 2016, the Secretary shall submit 

16 a report shall to the committees referred to in 

17 subparagraph (A) that— 

18 (i) evaluates whether the problems 

19 identified by the reports submitted under 

20 subparagraph (A) have been substantially 

21 resolved; and 

22 (ii) describes the actions to be taken 

23 by the Secretary before requiring any indi24 vidual to participate in the Enhanced 

25 Verification System. 


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1 (7) LIMITATION ON USE OF THE CONFIRMA2 TION SYSTEM AND ANY RELATED SYSTEMS.—Not3 withstanding any other provision of law, nothing in 

4 this section may be construed to permit any depart5 ment, bureau, or other agency of the United States 

6 Government to utilize any information, database, or 

7 other records assembled under this section for any 

8 other purpose other than as provided for under the 

9 Enhanced Verification System. 

10 SEC. 179. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) DEPARTMENT OF HOMELAND SECURITY.—There 

12 are authorized to be appropriated to the Department such 

13 sums as may be necessary to carry out this subtitle, and 

14 the amendments made by this subtitle, including the fol15 lowing: 

16 (1) In each of the 5 years beginning on the date 

17 of the enactment of this Act, the appropriations nec18 essary to increase to a level not less than 4500, by 

19 the end of such five-year period, the total number of 

20 personnel of the Department of Homeland Security 

21 assigned exclusively or principally to an office or of22 fices in U.S. Citizenship and Immigration Services 

23 and U.S. Immigration and Customs Enforcement 

24 (and consistent with the missions of such agencies), 

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1 toring and enforcing compliance with sections 274A, 

2 274B, and 274C of the Immigration and Nationality 

3 Act (8 U.S.C. 1324a, 1324b, and 1324c), including 

4 compliance with the requirements of the System. 

5 These personnel shall perform compliance and moni6 toring functions, including the following: 

7 (A) Verify Employment Identification 

8 Numbers of employers participating in the Sys9 tem. 

10 (B) Verify compliance of employers partici11 pating in the System with the requirements for 

12 participation that are prescribed by the Sec13 retary. 

14 (C) Monitor the System for multiple uses 

15 of Social Security numbers and immigration 

16 identification numbers that could indicate iden17 tity theft or fraud. 

18 (D) Monitor the System to identify dis19 criminatory or unfair practices. 

20 (E) Monitor the System to identify employ21 ers who are not using the system properly, in22 cluding employers who fail to make available 

23 appropriate records with respect to their queries 

24 and any notices of confirmation, nonconfirma25 tion, or further action. 


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1 (F) Identify instances where employees al2 lege that an employer violated their privacy, 

3 civil or labor rights, or misused the System, and 

4 create procedures for employees to report such 

5 allegations. 

6 (G) Analyze and audit the use of the Sys7 tem and the data obtained through the System 

8 to identify fraud trends, including fraud trends 

9 across industries, geographical areas, or em10 ployer size. 

11 (H) Analyze and audit the use of the Sys12 tem and the data obtained through the System 

13 to develop compliance tools as necessary to re14 spond to changing patterns of fraud. 

15 (I) Provide employers with additional 

16 training and other information on the proper 

17 use of the System, including but not limited to 

18 privacy training and employee rights. 

19 (J) Perform threshold evaluation of cases 

20 for referral to the Special Counsel for Unfair 

21 Immigration-Related Employment Practices or 

22 the Equal Employment Opportunity Commis23 sion, and other officials or agencies with re24 sponsibility for enforcing anti-discrimination, 


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1 civil rights, privacy or worker protection laws, 

2 as may be appropriate. 

3 (K) Any other compliance and monitoring 

4 activities that, in the Secretary’s judgment, are 

5 necessary to ensure the functioning of the Sys6 tem. 

7 (L) Investigate identity theft and fraud de8 tected through the System and undertake the 

9 necessary enforcement or referral actions. 

10 (M) Investigate use of or access to fraudu11 lent documents and undertake the necessary en12 forcement actions. 

13 (N) Perform any other investigations that, 

14 in the Secretary’s judgment, are necessary to 

15 ensure the lawful functioning of the System, 

16 and undertake any enforcement actions nec17 essary as a result of these investigations. 

18 (2) The appropriations necessary to acquire, in19 stall and maintain technological equipment necessary 

20 to support the functioning of the System and the 

21 connectivity between U.S. Citizenship and Immigra22 tion Services and U.S. Immigration and Customs 

23 Enforcement, Department of Justice, and other 

24 agencies or officials with respect to the sharing of 


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1 information to support the System and related immi2 gration enforcement actions. 

3 (3) The appropriations necessary to establish a 

4 robust redress process for employees who wish to ap5 peal contested nonconfirmations to ensure the accu6 racy and fairness of the System. 

7 (4) The appropriations necessary to provide a 

8 means by which individuals may access their own 

9 employment authorization data to ensure its accu10 racy independent of their employer. 

11 (5) The appropriations necessary to establish a 

12 Joint Employment Fraud Task Force to promote 

13 employer compliance with the system and ensure a 

14 coordinated response to noncompliance. 

15 (6) The appropriations necessary for the Office 

16 for Civil Rights and Civil Liberties and the Office of 

17 Privacy to perform their responsibilities as they re18 late to the System. 

19 (7) The appropriations necessary to make 

20 grants to states to support them in assisting the fed21 eral government in carrying out the provisions of 

22 this subtitle. 

23 (b) SOCIAL SECURITY ADMINISTRATION.—There are 

24 authorized to be appropriated to the Social Security Ad25 ministration such sums as may be necessary to carry out 


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1 its responsibilities under this subtitle, including section 

2 177. 

3 (c) DEPARTMENT OF JUSTICE.—There are author4 ized to be appropriated to the Department of Justice such 

5 sums as may be necessary to carry out its responsibilities 

6 under this subtitle, including enforcing compliance with 

7 section 274B of the Act, as amended by section 176 of 

8 this Act. 

9 (d) DEPARTMENT OF STATE.—There are authorized 

10 to be appropriated to the Department of State such sums 

11 as may be necessary to carry out its responsibilities under 

12 this subtitle. 

13 TITLE II—IMMIGRATION 

14 ENFORCEMENT AND REFORM 

15 Subtitle A—Border Enforcement 

16 PART I—ADDITIONAL ASSETS AND RESOURCES 

17 SEC. 201. EFFECTIVE DATE TRIGGERS. 

18 (a) IN GENERAL.—Notwithstanding any effective 

19 date provision or any other law, the status of an alien in 

20 lawful prospective immigrant status may not be adjusted 

21 to the status of an alien lawfully admitted for permanent 

22 residence under section 112 unless— 

23 (1) the Secretary has submitted a written cer24 tification to the President and Congress that the 


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1 measures described in subsection (b) are established, 

2 funded, and operational; and 

3 (2) the Attorney General has submitted a writ4 ten certification to the President and Congress that 

5 each of the measures described in subsection (c) are 

6 established, funded, and operational. 

7 (b) MEASURES BY DEPARTMENT OF HOMELAND SE8 CURITY.—The measures described in this subsection are 

9 established, funded, and operational if— 

10 (1) U.S. Immigration and Customs Enforce11 ment has— 

12 (A) employed not fewer than 6,410 agents 

13 to investigate violations of criminal law, includ14 ing— 

15 (i) document and benefit fraud; and 

16 (ii) the cross-border smuggling of 

17 aliens, firearms, narcotics, and other con18 traband; 

19 (B) employed not fewer than 185 worksite 

20 enforcement auditors to support a worksite en21 forcement strategy that prioritizes developing 

22 cases against employers committing serious vio23 lations; 

24 (C) created and staffed an Immigration 

25 Benefit and Document Fraud Task Force in 


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1 each field office headed by a Special Agent in 

2 Charge; 

3 (D) established a nationwide plan, with 

4 benchmarks, to dramatically increase the na5 tionwide enrollment in an alternatives to deten6 tion program that utilizes community-based 

7 nonprofit organizations; and 

8 (E) implemented civil detention standards 

9 with which each facility detaining immigrants is 

10 required to comply; 

11 (2) U.S. Customs and Border Protection has— 

12 (A) employed not fewer than 21,000 

13 United States Border Patrol agents who have 

14 been trained and have reported for duty, includ15 ing additional agents who conduct inspections 

16 for drugs, contraband, and immigrants who are 

17 unlawfully present at ports of entry in the 

18 United States; 

19 (B) employed not fewer than 21,500 offi20 cers who have been trained and have reported 

21 for duty at the Office of Field Operations; 

22 (C) deployed 7 unmanned aircraft systems; 

23 (D) deployed remote video surveillance sys24 tems at 300 sites; 

25 (E) acquired 200 scope trucks; and 


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1 (F) acquired 56 mobile surveillance sys2 tems; and 

3 (3) the Secretary has received and is processing 

4 and adjudicating applications under title I in a time5 ly manner, including conducting all necessary back6 ground and security checks required under such 

7 title. 

8 (c) MEASURES BY DEPARTMENT OF JUSTICE.—The 

9 measures described in this subsection are established, 

10 funded, and operational if the Department of Justice 

11 has— 

12 (1) employed not fewer than 150 Assistant 

13 United States Attorneys who prosecute criminal vio14 lations at the border; and 

15 (2) employed not fewer than 275 immigration 

16 judges and appropriate support staff. 

17 SEC. 202. CUSTOMS AND BORDER PROTECTION PER18 SONNEL. 

19 (a) STAFF ENHANCEMENTS.— 

20 (1) REVISIONS TO FISCAL YEAR ALLOCATIONS

21 AND FUNDING.—Title II of the Department of 

22 Homeland Security Appropriations Act, 2010 (Pub23 lic Law 111–83), is amended by inserting ‘‘Provided 

24 further, That of the total amount provided, 

25 $40,000,000 shall be used to pay the salaries and 


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1 related compensation for 250 additional Customs 

2 and Border Protection officers and 25 associated 

3 support staff personnel, who shall be devoted to new 

4 inspection lanes at new land ports of entry on the 

5 Southwest border’’ before the period at the end of 

6 the first paragraph. 

7 (2) NEW PERSONNEL.—In addition to positions 

8 authorized before the date of the enactment of this 

9 Act and any officer vacancies within U.S. Customs 

10 and Border Protection on such date, the Secretary 

11 shall hire, train, and assign to duty, not later than 

12 September 30, 2013— 

13 (A) 2,500 full-time Customs and Border 

14 Protection officers to serve on all primary, sec15 ondary, incoming, and outgoing inspection lanes 

16 and enforcement teams at United States land 

17 ports of entry on the Northern border; 

18 (B) 2,500 full-time Customs and Border 

19 Protection officers to serve on all primary, sec20 ondary, incoming, and outgoing inspection lanes 

21 and enforcement teams at United States land 

22 ports of entry on the Southern border; and 

23 (C) 350 full-time support staff for all 

24 United States ports of entry. 


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1 (b) WAIVER OF FTE LIMITATION.—The Secretary 

2 may waive any limitation on the number of full-time equiv3 alent personnel assigned to the Department to comply 

4 with subsection (a). 

5 (c) REPORT TO CONGRESS.— 

6 (1) OUTBOUND INSPECTIONS.—Not later than 

7 90 days after the date of the enactment of this Act, 

8 the Secretary shall submit a report that describes 

9 the Department’s plans for ensuring the placement 

10 of sufficient U.S. Customs and Border Protection of11 ficers on outbound inspections at all Southern bor12 der and Northern border land ports of entry to— 

13 (A) the Committee on the Judiciary of the 

14 Senate; 

15 (B) the Committee on Homeland Security 

16 and Governmental Affairs of the Senate; 

17 (C) the Committee on the Judiciary of the 

18 House of Representatives; and 

19 (D) the Committee on Homeland Security 

20 of the House of Representatives. 

21 (2) AGRICULTURAL SPECIALISTS.—Not later 

22 than 90 days after the date of the enactment of this 

23 Act, the Secretary, in consultation with the Sec24 retary of Agriculture, shall submit a report to the 

25 committees set forth in paragraph (1) that contains 


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1 plans for ensuring the placement of sufficient agri2 culture specialists at all Southern border and North3 ern border land ports of entry. 

4 (d) RETENTION INCENTIVE PAYMENTS.— 

5 (1) PAYMENTS AUTHORIZED.—Subject to para6 graph (2), during the 6-year period beginning on 

7 July 1, 2011, the Secretary may make incentive pay8 ments to qualified U.S. Customs and Border Protec9 tion port of entry officers, to the extent necessary to 

10 retain such officers. 

11 (2) SPECIAL RULES FOR INCENTIVE PAY12 MENTS.— 

13 (A) IN GENERAL.—Each payment made 

14 under paragraph (1)— 

15 (i) shall be paid to each qualified em16 ployee, in a lump sum that does not exceed 

17 $10,000, at the end of the fiscal year in 

18 which the employee is selected by the Sec19 retary, or a delegate of the Secretary, to 

20 receive such payment; 

21 (ii) may not be limited solely to work 

22 performance, but may be based on criteria 

23 such as— 


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1 (I) comparative salaries for law 

2 enforcement officers in other Federal 

3 agencies; 

4 (II) costs for replacement and 

5 training of a new employee; and 

6 (III) volume of work at the port 

7 of entry; 

8 (iii) shall be contingent upon the se9 lected employee signing an agreement, 

10 under penalty of perjury, to continue serv11 ing as a United States Customs and Bor12 der Protection officer at a land port of 

13 entry for at least 3 additional years; and 

14 (iv) shall be subject to reimbursement 

15 if the employee fails to complete the 3-year 

16 service requirement described in clause (iii) 

17 due to voluntary or involuntary separation 

18 from service. 

19 (B) LIMITATIONS.— 

20 (i) TOTAL PAYMENTS.—The total pay21 ments under subparagraph (A) may not 

22 exceed $55,000,000. 

23 (ii) FISCAL YEARS 2012 THROUGH

24 2016.—In each of the fiscal years 2012 

25 through 2016, the Secretary may not make 


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1 more than 500 incentive payments under 

2 this subsection. 

3 (iii) ELIGIBILITY.—Any employee who 

4 receives a retention incentive payment 

5 under this subsection in a fiscal year shall 

6 not be eligible to receive another such pay7 ment until the employee completes at least 

8 2 years of service with the Department 

9 after receiving such payment. 

10 SEC. 203. SECURE COMMUNICATION; EQUIPMENT; AND 

11 GRANTS FOR BORDER PERSONNEL. 

12 (a) SECURE COMMUNICATION.—The Secretary shall 

13 ensure that each U.S. Customs and Border Protection of14 ficer is equipped with a secure 2-way communication and 

15 satellite-enabled device, supported by system interoper16 ability, which allows such officers to communicate— 

17 (1) between ports of entry and inspection sta18 tions; and 

19 (2) with other Federal, State, local, and tribal 

20 law enforcement entities. 

21 (b) BORDER AREA SECURITY INITIATIVE GRANT

22 PROGRAM.— 

23 (1) IN GENERAL.—The Secretary shall establish 

24 a grant program for the purchase of detection equip25 ment at land ports of entry and mobile, hand-held, 


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1 2-way communication devices for State and local law 

2 enforcement officers serving on the Southern border 

3 or the Northern border. 

4 (2) AUTHORIZATION OF APPROPRIATIONS.— 

5 There is authorized to be appropriated, for the 6- 

6 year period beginning on October 1, 2011, 

7 $30,000,000, which shall be used for grants author8 ized under paragraph (1). 

9 SEC. 204. INFRASTRUCTURE IMPROVEMENTS AND EXPAN10 SION OF LAND PORTS OF ENTRY. 

11 (a) AMENDMENTS TO AMERICAN RECOVERY AND RE12 INVESTMENT ACT OF 2009.—Title VI of the American 

13 Recovery and Reinvestment Act of 2009 (Public Law 111– 

14 5) is amended, under the heading entitled ‘‘Construc15 tion’’— 

16 (1) by striking ‘‘U.S. Customs and Border Pro17 tection owned’’; and 

18 (2) by inserting ‘‘Provided further, That 

19 $300,000,000 shall be used for infrastructure im20 provements, expansion, and new construction (or re21 imbursement for new construction costs incurred 

22 during fiscal years 2007 through 2012) of high-vol23 ume ports of entry along the Northern border and 

24 the Southern border, regardless of port ownership’’ 

25 before the period at the end. 


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1 (b) EFFECTIVE DATE.—The amendments made 

2 under subsection (a) shall take effect as if included in the 

3 American Recovery and Reinvestment Act of 2009, as of 

4 the date of the enactment of such Act. 

5 SEC. 205. ADDITIONAL AUTHORITIES FOR PORT OF ENTRY 

6 CONSTRUCTION. 

7 (a) IN GENERAL.—In order to aid in the enforcement 

8 of Federal customs, immigration, and agriculture laws, the 

9 Commissioner of U.S. Customs and Border Protection 

10 may— 

11 (1) design, construct, and modify land ports of 

12 entry and other structures and facilities, including 

13 living quarters for officers, agents, and personnel; 

14 (2) acquire, by purchase, donation, exchange, or 

15 otherwise, land or any interest in land determined to 

16 be necessary to carry out the Commissioner’s duties 

17 under this section; and 

18 (3) construct additional ports of entry along the 

19 Southern border and the Northern border. 

20 (b) CONSULTATION.— 

21 (1) LOCATIONS FOR NEW PORTS OF ENTRY.— 

22 The Secretary shall consult with the Secretary of the 

23 Interior, the Secretary of Agriculture, the Secretary 

24 of State, the International Boundary and Water 

25 Commission, the International Joint Commission, 


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1 and appropriate representatives of States, local gov2 ernments, Indian tribes (as defined in section 4 of 

3 the Indian Self-Determination and Education Assist4 ance Act (25 U.S.C. 450b)), and property owners 

5 to— 

6 (A) determine locations for new ports of 

7 entry; and 

8 (B) minimize adverse impacts from such 

9 ports on the environment, historic and cultural 

10 resources, commerce, and quality of life for the 

11 communities and residents located near such 

12 ports. 

13 (2) SAVINGS PROVISION.—Nothing in this sub14 section may be construed— 

15 (A) to create any right or liability of the 

16 parties described in paragraph (1); 

17 (B) to affect the legality and validity of 

18 any determination under this Act by the Sec19 retary; or 

20 (C) to affect any consultation requirement 

21 under any other law. 

22 SEC. 206. ADDITIONAL INCREASES IN IMMIGRATION EN23 FORCEMENT PERSONNEL. 

24 (a) IMMIGRATION AND CUSTOMS ENFORCEMENT IN25 VESTIGATORS.—Section 5203 of the Intelligence Reform 


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1 and Terrorism Prevention Act of 2004 (Public Law 108– 

2 458; 118 Stat. 3734) is amended by striking ‘‘800’’ and 

3 inserting ‘‘1000’’. 

4 (b) ADDITIONAL PERSONNEL.—In addition to the po5 sitions authorized under section 5203 of the Intelligence 

6 Reform and Terrorism Prevention Act of 2004, as amend7 ed by subsection (a), during each of the fiscal years 2012 

8 through 2016, the Secretary shall, subject to the avail9 ability of appropriations, increase by not less than 50 the 

10 number of positions for personnel within the Department 

11 assigned to investigate alien smuggling. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary such 

14 sums as may be necessary for each of the fiscal years 2012 

15 through 2016 to carry out this section. 

16 SEC. 207. ADDITIONAL IMMIGRATION COURT PERSONNEL. 

17 (a) DEPARTMENT OF JUSTICE.— 

18 (1) LITIGATION ATTORNEYS.—In each of the 

19 fiscal years 2012 through 2016, the Attorney Gen20 eral, subject to the availability of appropriations for 

21 such purpose, shall increase the number of positions 

22 for attorneys in the Office of Immigration Litigation 

23 of the Department of Justice by not fewer than 50. 

24 (2) IMMIGRATION JUDGES.—In each of the fis25 cal years 2012 through 2016, the Attorney General, 


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1 subject to the availability of appropriations for such 

2 purpose, shall— 

3 (A) increase the number of full-time immi4 gration judges by not fewer than 20, compared 

5 to the number of such positions for which funds 

6 were made available during the preceding fiscal 

7 year; and 

8 (B) increase the number of personnel to 

9 support the immigration judges described in 

10 subparagraph (A) by not fewer than 80, com11 pared to the number of such positions for which 

12 funds were made available during the preceding 

13 fiscal year. 

14 (3) STAFF ATTORNEYS.—In each of fiscal years 

15 2012 through 2016, the Attorney General, subject to 

16 the availability of appropriations for such purpose, 

17 shall increase by not fewer than 10— 

18 (A) the number of positions for full-time 

19 staff attorneys in the Board of Immigration Ap20 peals, compared to the number of such posi21 tions for which funds were made available dur22 ing the preceding fiscal year; and 

23 (B) the number of positions for personnel 

24 to support the staff attorneys described in sub25 paragraph (A), compared to the number of such 


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1 positions for which funds were made available 

2 during the preceding fiscal year. 

3 (4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated to the At5 torney General for each of the fiscal years 2012 

6 through 2016 such sums as may be necessary to 

7 carry out this subsection, including hiring necessary 

8 support staff. 

9 SEC. 208. IMPROVED TRAINING FOR BORDER SECURITY 

10 AND IMMIGRATION ENFORCEMENT OFFI11 CERS. 

12 The Secretary shall ensure that U.S. Customs and 

13 Border Protection agents, U.S. Border Patrol agents, U.S. 

14 Immigration and Customs Enforcement agents, and Agri15 cultural Inspectors stationed within 100 miles of any land 

16 or marine border of the United States or at any United 

17 States port of entry receive appropriate training, which 

18 shall be prepared in collaboration with the Office for Civil 

19 Rights and Civil Liberties, in— 

20 (1) identifying and detecting fraudulent travel 

21 documents; 

22 (2) protecting the civil, constitutional, and pri23 vacy rights of individuals, including the rights of de24 tained persons; 


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1 (3) limitations on the use of force, including le2 thal force, against individuals apprehended or en3 countered while on duty; and 

4 (4) screening, identifying, and addressing vul5 nerable populations, including children, victims of 

6 crime and human trafficking, and individuals fleeing 

7 persecution or torture. 

8 SEC. 209. INVENTORY OF ASSETS AND PERSONNEL. 

9 (a) INVENTORY.—The Secretary shall compile an in10 ventory of— 

11 (1) the assets, equipment, supplies, and other 

12 physical resources dedicated to border security and 

13 enforcement as of the date of the enactment of this 

14 Act; and 

15 (2) the personnel and other human resources 

16 dedicated to border security and enforcement as of 

17 the date of the enactment of this Act. 

18 (b) REPORT.—Not later than 90 days after the date 

19 of the enactment of this Act, the Secretary shall submit 

20 the inventory required under subsection (a) to— 

21 (1) the Committee on the Judiciary of the Sen22 ate; 

23 (2) the Committee on Homeland Security and 

24 Governmental Affairs of the Senate; 


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1 (3) the Committee on the Judiciary of the 

2 House of Representatives; 

3 (4) the Committee on Homeland Security of the 

4 House of Representatives; and 

5 (5) the Committee on Oversight and Govern6 ment Reform of the House of Representatives. 

7 SEC. 210. U.S. CUSTOMS AND BORDER PROTECTION ASSETS. 

8 (a) PERSONAL EQUIPMENT.— 

9 (1) BODY ARMOR.—The Secretary shall ensure 

10 that each border patrol agent— 

11 (A) is issued high-quality body armor that 

12 is appropriate for the climate and risks faced by 

13 the agent; 

14 (B) is permitted to select body armor from 

15 among a variety of approved brands and styles; 

16 (C) is strongly encouraged to wear such 

17 body armor whenever practicable; and 

18 (D) is issued replacement body armor not 

19 less frequently than once every 5 years. 

20 (2) WEAPONS.—The Secretary shall ensure 

21 that— 

22 (A) border patrol agents are equipped with 

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1 cent third parties from the threats posed by 

2 armed criminals; and 

3 (B) all agents are authorized to carry 

4 weapons that are suited to the potential threats 

5 that they face. 

6 (3) UNIFORMS.—The Secretary shall ensure 

7 that all agents are provided, at no cost to such 

8 agents— 

9 (A) all necessary uniform items, including 

10 outerwear suited to the climate, footwear, belts, 

11 holsters, and personal protective equipment; 

12 and 

13 (B) replacement uniform items when such 

14 items become worn or unserviceable or no 

15 longer fit properly. 

16 (b) HELICOPTERS AND POWER BOATS.— 

17 (1) HELICOPTERS.—The Secretary shall— 

18 (A) conduct a review of the helicopters 

19 needed by the Border Patrol; 

20 (B) acquire additional helicopters for the 

21 Border Patrol if the Secretary determines that 

22 the existing number of helicopters is insuffi23 cient; and 


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1 (C) ensure that appropriate types of heli2 copters are procured for the various missions 

3 being performed. 

4 (2) POWER BOATS.—The Secretary shall— 

5 (A) conduct a review of the power boats 

6 needed by the Border Patrol; 

7 (B) acquire additional power boats for the 

8 Border Patrol if the Secretary determines that 

9 the existing number of power boats is insuffi10 cient; and 

11 (C) ensure that appropriate types of power 

12 boats are procured for the waterways in which 

13 they are used and the mission requirements. 

14 (3) USE AND TRAINING.—The Secretary shall— 

15 (A) establish a standard policy on the use 

16 of the helicopters and power boats procured 

17 under this subsection; and 

18 (B) implement training programs for the 

19 Border Patrol agents who use such assets, in20 cluding safe operating procedures and rescue 

21 operations. 

22 (c) MOTOR VEHICLES.— 

23 (1) QUANTITY.—The Secretary shall— 

24 (A) conduct a review of the motor vehicles 

25 needed by the Border Patrol; 


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1 (B) acquire additional, appropriate motor 

2 vehicles for the Border Patrol if the Secretary 

3 determines that the existing number of motor 

4 vehicles is insufficient; and 

5 (C) ensure that there are sufficient num6 bers and types of other motor vehicles to sup7 port the mission of the Border Patrol. 

8 (2) FEATURES.—All motor vehicles purchased 

9 for the Border Patrol shall— 

10 (A) be appropriate for the mission of the 

11 Border Patrol; and 

12 (B) have a panic button and a global posi13 tioning system device that is activated solely in 

14 emergency situations to track the location of 

15 agents in distress. 

16 (d) ELECTRONIC EQUIPMENT.— 

17 (1) PORTABLE COMPUTERS.—The Secretary 

18 shall ensure that each police-type motor vehicle in 

19 the fleet of the Border Patrol— 

20 (A) is equipped with a portable computer 

21 with access to all necessary law enforcement 

22 databases; and 

23 (B) is otherwise suited to the unique oper24 ational requirements of the Border Patrol. 


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1 (2) RADIO EQUIPMENT.—The Secretary shall 

2 augment the radio communications system of the 

3 Border Patrol so that— 

4 (A) all law enforcement personnel working 

5 in each area where Border Patrol operations 

6 are conducted have clear and encrypted 2-way 

7 radio communication capabilities at all times; 

8 and 

9 (B) each portable communications device is 

10 equipped with a panic button and a global posi11 tioning system device that is activated solely in 

12 emergency situations to track the location of 

13 agents in distress. 

14 (3) HANDHELD GLOBAL POSITIONING SYSTEM

15 DEVICES.—If the Secretary determines that each 

16 member of a class of Border Patrol agents need a 

17 handheld global positioning system device to effec18 tively and safely carry out his or her duties, the Sec19 retary shall ensure that each such agent is issued 

20 such device for navigational purposes. 

21 (4) NIGHT VISION EQUIPMENT.—The Secretary 

22 shall ensure that sufficient quantities of state-of-the23 art night vision equipment are procured and main24 tained to enable each Border Patrol agent working 


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1 during the hours of darkness to be equipped with a 

2 portable night vision device. 

3 (e) APPROPRIATIONS.—There are authorized to be 

4 appropriated to the Secretary such sums as may be nec5 essary for each of fiscal years 2012 through 2016 to carry 

6 out this section. 

7 SEC. 211. TECHNOLOGICAL ASSETS AND PROGRAMS. 

8 (a) ACQUISITION.—Subject to the availability of ap9 propriations for such purpose, the Secretary shall procure 

10 additional unmanned aerial systems, aircrafts, cameras, 

11 poles, ground sensors, and other technologies necessary to 

12 achieve effective control of the land and maritime borders 

13 of the United States. 

14 (b) UNMANNED AIRCRAFT AND ASSOCIATED INFRA15 STRUCTURE.—The Secretary shall acquire and maintain 

16 unmanned aerial systems for use on the border, including 

17 related equipment such as— 

18 (1) additional sensors; 

19 (2) critical spares; 

20 (3) satellite command and control; and 

21 (4) other necessary equipment for operational 

22 support. 

23 (c) PRIVACY AND CIVIL LIBERTIES ASSESSMENTS.— 

24 The Secretary, in consultation with the Attorney General, 

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1 erties impact assessment before deploying new tech2 nologies acquired under this subsections (a) and (b). 

3 (d) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There are authorized to be 

5 appropriated to the Secretary such sums as may be 

6 necessary for each of the fiscal years 2012 through 

7 2016 to carry out subsections (a) and (b). 

8 (2) AVAILABILITY OF FUNDS.—Amounts appro9 priated pursuant to paragraph (1) shall remain 

10 available until expended. 

11 (e) SURVEILLANCE TECHNOLOGIES PROGRAMS.— 

12 (1) AERIAL SURVEILLANCE PROGRAM.— 

13 (A) IN GENERAL.—In conjunction with the 

14 border surveillance plan developed under section 

15 5201 of the Intelligence Reform and Terrorism 

16 Prevention Act of 2004 (8 U.S.C. 1701 note) 

17 and subject to the availability of appropriations 

18 for such purpose, the Secretary shall fully inte19 grate and utilize aerial surveillance tech20 nologies, including unmanned aerial systems, 

21 that the Secretary determines to be necessary 

22 to enhance the security of the Northern border 

23 and the Southern border. 

24 (B) ASSESSMENT AND CONSULTATION RE25 QUIREMENTS.—The Secretary shall— 


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1 (i) consider current and proposed aer2 ial surveillance technologies; 

3 (ii) assess the feasibility and advis4 ability of utilizing such technologies to ad5 dress border threats, including an assess6 ment of the technologies considered best 

7 suited to address respective threats; 

8 (iii) consult with the Secretary of De9 fense regarding any technologies or equip10 ment which the Secretary may deploy 

11 along a border of the United States; 

12 (iv) consult with the Administrator of 

13 the Federal Aviation Administration re14 garding safety, airspace coordination and 

15 regulation, and any other issues necessary 

16 for implementation of the program; 

17 (v) consult with the Secretary of State 

18 with respect to any foreign policy or inter19 national law implications relating to the 

20 implementation or conduct of the program; 

21 and 

22 (vi) conduct a privacy impact assess23 ment and civil liberties impact assessment 

24 before the deployment of the new tech25 nologies acquired under this paragraph. 


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1 (C) EVALUATION OF TECHNOLOGIES.— 

2 The aerial surveillance program authorized 

3 under this paragraph shall include the use of a 

4 variety of aerial surveillance technologies in a 

5 variety of topographies and areas, including 

6 populated and unpopulated areas located on or 

7 near the international border of the United 

8 States, to evaluate, for a range of cir9 cumstances— 

10 (i) the significance of previous experi11 ences with such technologies in border se12 curity or critical infrastructure protection; 

13 (ii) the cost and effectiveness of var14 ious technologies for border security, in15 cluding varying levels of technical com16 plexity; and 

17 (iii) liability, safety, civil liberties, and 

18 privacy concerns relating to the utilization 

19 of such technologies for border security. 

20 (D) ADDITIONAL REVIEWS.—In accordance 

21 with sections 222 and 705 of the Homeland Se22 curity Act of 2002 (6 U.S.C. 142 and 345), the 

23 Chief Privacy Officer and the Officer for Civil 

24 Rights and Civil Liberties shall conduct addi25 tional reviews, as necessary. 


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1 (E) CONTINUED USE OF AERIAL SURVEIL2 LANCE TECHNOLOGIES.—The Secretary may 

3 continue the operation of aerial surveillance 

4 technologies in use on the date of the enact5 ment of this Act while assessing the effective6 ness of the utilization of such technologies. 

7 (F) AUTHORIZATION OF APPROPRIA8 TIONS.—There are authorized to be appro9 priated such sums as may be necessary for each 

10 of the fiscal years 2012 through 2016 to carry 

11 out this paragraph. 

12 (2) INTEGRATED AND AUTOMATED SURVEIL13 LANCE PROGRAM.— 

14 (A) REQUIREMENT FOR PROGRAM.—Sub15 ject to the availability of appropriations, the 

16 Secretary shall establish a program to procure 

17 additional unmanned aerial systems, cameras, 

18 poles, sensors, satellites, radar coverage, and 

19 other technologies necessary— 

20 (i) to achieve effective control of the 

21 Northern border and the Southern border; 

22 and 

23 (ii) to establish a security perimeter 

24 (to be known as a ‘‘virtual fence’’) along 

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1 der to provide a barrier to unauthorized 

2 immigration. 

3 (B) PROGRAM COMPONENTS.—In carrying 

4 out the program authorized under this para5 graph, the Secretary, to the maximum extent 

6 feasible, shall— 

7 (i) utilize integrated technologies that 

8 function cohesively in an automated fash9 ion; 

10 (ii) use a standard process to collect, 

11 catalog, and report intrusion and response 

12 data collected under the program; 

13 (iii) ensure that future surveillance 

14 technology investments and upgrades for 

15 the program can be integrated with exist16 ing systems; 

17 (iv) develop and apply performance 

18 measures to evaluate whether the program 

19 is providing desired results by increasing 

20 response effectiveness in monitoring and 

21 detecting unauthorized intrusions along the 

22 Northern border and the Southern border; 

23 (v) develop plans, in accordance with 

24 relevant environmental laws, to streamline 

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1 mental assessment processes to minimize 

2 delays of installing surveillance technology 

3 infrastructure; 

4 (vi) develop standards to expand the 

5 shared use of existing private and govern6 mental structures to install remote surveil7 lance technology infrastructure to the ex8 tent possible; and 

9 (vii) develop standards to identify and 

10 deploy the use of nonpermanent or mobile 

11 surveillance platforms that will increase 

12 the Secretary’s mobility and ability to iden13 tify unauthorized border intrusions. 

14 (C) AUTHORIZATION OF APPROPRIA15 TIONS.—There are authorized to be appro16 priated such sums as may be necessary for each 

17 of the fiscal years 2012 through 2016 to carry 

18 out this paragraph. 

19 PART II—ENHANCED COORDINATION AND 

20 PLANNING FOR BORDER SECURITY 

21 SEC. 216. ANNUAL REPORT ON IMPROVING NORTH AMER22 ICAN SECURITY INFORMATION EXCHANGE. 

23 (a) REQUIREMENT FOR REPORTS.—Not later than 1 

24 year after the date of the enactment of this Act, and annu25 ally thereafter, the Secretary of State, in coordination with 


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1 the Secretary and the heads of other appropriate Federal 

2 agencies, shall submit a report to Congress that describes 

3 the progress made during the most recent 12-month pe4 riod in improving the effectiveness with which information 

5 relating to North American security is exchanged between 

6 the Governments of the United States, of Canada, and of 

7 Mexico. 

8 (b) CONTENTS.— 

9 (1) SECURITY CLEARANCES AND DOCUMENT IN10 TEGRITY.—Each report submitted under subsection 

11 (a) shall describe the development of common enroll12 ment, security, technical, and biometric standards 

13 for the issuance, authentication, validation, and re14 pudiation of secure documents, including— 

15 (A) technical and biometric standards 

16 based on best practices and consistent with 

17 international standards for the issuance, au18 thentication, validation, and repudiation of trav19 el documents, including— 

20 (i) passports; 

21 (ii) visas; and 

22 (iii) permanent resident cards; 

23 (B) the joint efforts of the United States, 

24 Canada, and Mexico to encourage foreign gov25 ernments to enact laws that— 


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1 (i) combat alien smuggling and traf2 ficking; and 

3 (ii) forbid the use and manufacture of 

4 fraudulent travel documents; and 

5 (C) efforts made to ensure that other 

6 countries meet proper travel document stand7 ards and are committed to travel document 

8 verification before the nationals of such coun9 tries travel internationally, including travel to 

10 the United States. 

11 (2) IMMIGRATION AND VISA MANAGEMENT.— 

12 Each report submitted under subsection (a) shall de13 scribe the progress made in sharing information re14 garding high-risk individuals who attempt to enter 

15 the United States, Canada, or Mexico, including— 

16 (A) implementing the Statement of Mutual 

17 Understanding on Information Sharing, signed 

18 by Canada and the United States in February 

19 2003; and 

20 (B) identifying and analyzing trends re21 lated to immigration fraud, including asylum 

22 and document fraud. 

23 (3) VISA POLICY COORDINATION AND IMMIGRA24 TION SECURITY.—Each report submitted under sub25 section (a) shall describe the progress made by the 


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1 United States, Canada, and Mexico to enhance 

2 North American security by cooperating on visa pol3 icy and identifying best practices regarding immigra4 tion security, including— 

5 (A) enhancing consultation among officials 

6 who issue visas at the consulates or embassies 

7 of the United States, of Canada, or of Mexico, 

8 or throughout the world to share information, 

9 trends, and best practices on visa flows; 

10 (B) comparing the procedures and policies 

11 of the United States and Canada related to vis12 itor visa processing, including— 

13 (i) application process; 

14 (ii) interview policy; 

15 (iii) general screening procedures; 

16 (iv) visa validity; 

17 (v) quality control measures; and 

18 (vi) access to appeal or review; 

19 (C) exploring methods for the United 

20 States, Canada, and Mexico to waive visa re21 quirements for nationals and citizens of the 

22 same foreign countries; 

23 (D) developing and implementing an immi24 gration security strategy for North America 

25 that utilizes a common security perimeter by 


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1 enhancing technical assistance for programs 

2 and systems to support advance automated re3 porting and risk targeting of international pas4 sengers; 

5 (E) real-time sharing of information on 

6 lost and stolen passports among immigration or 

7 law enforcement officials of the United States, 

8 Canada, and Mexico; and 

9 (F) collecting 10 fingerprints from each in10 dividual who applies for a visa. 

11 (4) NORTH AMERICAN VISITOR OVERSTAY PRO12 GRAM.—Each report submitted under subsection (a) 

13 shall describe the progress made by the United 

14 States and Canada in implementing parallel entry15 exit tracking systems that— 

16 (A) respect the privacy laws of both coun17 tries; and 

18 (B) share information regarding third 

19 country nationals who have overstayed their pe20 riod of authorized admission in the United 

21 States or Canada. 

22 (5) TERRORIST WATCH LISTS.—Each report 

23 submitted under subsection (a) shall describe the ca24 pacity of the United States to combat terrorism 


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1 through the coordination of counterterrorism efforts, 

2 including— 

3 (A) developing and implementing bilateral 

4 agreements between Canada and the United 

5 States and between Mexico and the United 

6 States— 

7 (i) to govern the sharing of terrorist 

8 watch list data; and 

9 (ii) to comprehensively enumerate the 

10 uses of such data by the governments of 

11 each country; 

12 (B) establishing appropriate linkages 

13 among Canada, Mexico, and the United States 

14 Terrorist Screening Center; 

15 (C) establishing a multilateral watch list 

16 mechanism that would facilitate direct coordina17 tion between the country that identifies individ18 uals on a watch list and the country that owns 

19 such list, including procedures that satisfy secu20 rity concerns, comply with privacy laws, and are 

21 consistent with the other laws of each partici22 pating country; and 

23 (D) establishing transparent standards and 

24 processes that enable innocent individuals to re25 move their names from a watch list. 


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1 (6) MONEY LAUNDERING, CURRENCY SMUG2 GLING, AND ALIEN SMUGGLING.—Each report sub3 mitted under subsection (a) shall describe improve4 ments made in information sharing and law enforce5 ment cooperation in combating organized crime, in6 cluding— 

7 (A) combating currency smuggling, money 

8 laundering, alien smuggling, and trafficking in 

9 alcohol, firearms, and explosives; 

10 (B) determining the feasibility of formu11 lating a firearms trafficking action plan be12 tween Mexico and the United States; 

13 (C) developing a joint threat assessment on 

14 organized crime between Canada and the 

15 United States; 

16 (D) determining the feasibility of formu17 lating a joint threat assessment on organized 

18 crime between Mexico and the United States; 

19 (E) developing mechanisms to exchange in20 formation on findings, seizures, and capture of 

21 individuals transporting undeclared currency; 

22 and 

23 (F) developing and implementing a plan to 

24 combat the transnational threat of illegal drug 

25 trafficking. 


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1 (7) LAW ENFORCEMENT COOPERATION.—Each 

2 report submitted under subsection (a) shall describe 

3 enhancements in law enforcement cooperation among 

4 the United States, Canada, and Mexico, including— 

5 (A) enhanced technical assistance for the 

6 development and maintenance of a national 

7 database built upon identified best practices to 

8 identify suspected criminals or terrorists; 

9 (B) the feasibility of establishing law en10 forcement teams that include personnel from 

11 the United States and Mexico; and 

12 (C) the appropriate procedures for such 

13 multinational teams. 

14 SEC. 217. COOPERATION WITH THE GOVERNMENT OF MEX15 ICO. 

16 (a) COOPERATION REGARDING BORDER SECU17 RITY.—The Secretary of State, in cooperation with the 

18 Secretary and representatives of Federal, State, and local 

19 law enforcement agencies that are involved in border secu20 rity and immigration enforcement efforts, shall work with 

21 appropriate officials of the Government of Mexico to im22 prove coordination between the United States and Mexico 

23 in— 


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1 (1) improving border security along the inter2 national border between the United States and Mex3 ico; 

4 (2) reducing human trafficking and smuggling 

5 between the United States and Mexico; 

6 (3) reducing drug trafficking and smuggling be7 tween the United States and Mexico; 

8 (4) reducing gang membership in the United 

9 States and Mexico; 

10 (5) reducing violence against women in the 

11 United States and Mexico; and 

12 (6) reducing other violence and criminal activ13 ity. 

14 (b) COOPERATION REGARDING EDUCATION ON IMMI15 GRATION LAWS.—The Secretary of State, in cooperation 

16 with other appropriate Federal officials, shall work with 

17 appropriate officials of the Government of Mexico to edu18 cate citizens and nationals of Mexico regarding their eligi19 bility for nonimmigrant status in the United States to en20 sure that such citizens and nationals are not exploited 

21 while working in the United States. 

22 (c) COOPERATION REGARDING CIRCULAR MIGRA23 TION.—The Secretary of State, in cooperation with the 

24 Secretary of Labor and other appropriate Federal offi25 cials, shall work with appropriate officials of the GovernVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 ment of Mexico to encourage circular migration of citizens 

2 and nationals of Mexico, including— 

3 (1) assisting in the development of economic op4 portunities; and 

5 (2) providing job training for such citizens and 

6 nationals. 

7 (d) CONSULTATION REQUIREMENT.—The Secretary, 

8 in cooperation with State and local government officials 

9 in the United States, shall cooperate with their counter10 parts in Mexico to enhance border security structures 

11 along the international border between the United States 

12 and Mexico, as authorized by this title, by— 

13 (1) soliciting the views of affected communities; 

14 (2) lessening tensions; and 

15 (3) fostering greater understanding and strong16 er cooperation on border security structures and 

17 other important security issues of mutual concern. 

18 (e) ANNUAL REPORT.—Not later than 180 days after 

19 the date of the enactment of this Act, and annually there20 after, the Secretary of State shall submit a report to Con21 gress that describes the actions taken by the United States 

22 and Mexico pursuant to this section. 


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1 SEC. 218. EXPANSION OF COMMERCE SECURITY PRO2 GRAMS. 

3 (a) CUSTOMS-TRADE PARTNERSHIP AGAINST TER4 RORISM.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, the 

7 Commissioner, U.S. Customs and Border Protection, 

8 in consultation with the Secretary, shall develop a 

9 plan to expand the programs of the Customs-Trade 

10 Partnership Against Terrorism established pursuant 

11 to section 211 of the SAFE Port Act (6 U.S.C. 

12 961), including adding additional personnel for such 

13 programs along the Northern border and the South14 ern border. 

15 (2) C-TPAT PROGRAMS.—The programs re16 ferred to in paragraph (1) include— 

17 (A) the Business Anti-Smuggling Coali18 tion; 

19 (B) the Carrier Initiative Program; 

20 (C) the Americas Counter Smuggling Ini21 tiative; 

22 (D) the Container Security Initiative estab23 lished pursuant to section 205 of the SAFE 

24 Port Act (6 U.S.C. 945); 

25 (E) the Free and Secure Trade Initiative; 

26 and 


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1 (F) other industry partnership programs 

2 administered by the Commissioner. 

3 (b) DEMONSTRATION PROGRAMS.—Not later than 

4 180 days after the date of the enactment of this Act, the 

5 Commissioner shall— 

6 (1) implement, on a demonstration basis, a 

7 Customs-Trade Partnership Against Terrorism pro8 gram, which has been successfully implemented 

9 along the Northern border and the Southern border; 

10 and 

11 (2) establish a demonstration program to de12 velop a cooperative trade security system to improve 

13 supply chain security. 

14 SEC. 219. NORTHERN BORDER AND SOUTHERN BORDER 

15 DRUG PROSECUTION INITIATIVE. 

16 (a) REIMBURSEMENT TO STATE AND LOCAL PROS17 ECUTORS FOR PROSECUTING FEDERALLY INITIATED

18 DRUG CASES.—Subject to the availability of appropria19 tions, the Attorney General shall reimburse State and 

20 county prosecutors located in States along the Northern 

21 border or the Southern border for prosecuting federally 

22 initiated and referred drug cases. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated such sums as may be 


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1 necessary for each of the fiscal years 2012 through 2016 

2 to carry out subsection (a). 

3 SEC. 220. BORDER RELIEF GRANT PROGRAM. 

4 (a) GRANTS AUTHORIZED.— 

5 (1) IN GENERAL.—The Attorney General may 

6 award grants, on a competitive basis, to— 

7 (A) eligible law enforcement agencies or a 

8 coalition of such agencies, including sheriff’s of9 fices, police departments, and tribal police de10 partments; and 

11 (B) institutions of higher education that 

12 provide assistance to law enforcement agencies 

13 in counties described in subparagraph (A) or 

14 (B) of subsection (e)(1) to provide the resources 

15 described in subsection (b)(4). 

16 (2) PRIORITY.—In awarding grants for the uses 

17 described in paragraphs (1) through (3) of sub18 section (b), the Attorney General shall give priority 

19 to law enforcement agencies— 

20 (A) located in a county that is within 100 

21 miles from the Northern border or the Southern 

22 border; and 

23 (B) that are in compliance with Federal 

24 and State racial profiling laws and guidelines. 


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1 (3) DURATION.—Grants awarded under this 

2 section may not exceed 2 years. 

3 (4) SUBSEQUENT GRANTS.—A grantee desiring 

4 continued grant funding after the expiration of the 

5 initial grant shall reapply for such funding. 

6 (5) PROHIBITION.—The Attorney General may 

7 not award a grant under this section to any appli8 cant that is under investigation for a violation of 

9 Federal or State racial profiling laws or guidelines. 

10 (b) USE OF FUNDS.—Grants awarded under this sec11 tion may only be used to provide— 

12 (1) additional resources for eligible law enforce13 ment agencies to address drug-related criminal activ14 ity; 

15 (2) training and technical assistance related 

16 to— 

17 (A) narcotics-related kidnaping negotiation 

18 and rescue tactics; 

19 (B) intelligence and information sharing on 

20 drug trafficking organizations; and 

21 (C) the interdiction of narcotics, weapons, 

22 and illegal drug proceeds; 

23 (3) resources to combat criminal activities along 

24 the Northern border and the Southern border by— 


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1 (A) obtaining, upgrading, or maintaining 

2 equipment; 

3 (B) hiring additional personnel; 

4 (C) reimbursing operational expenditures, 

5 including overtime and transportation costs; 

6 and 

7 (D) providing other assistance necessary to 

8 address drug-related criminal activity; 

9 (4) resources to facilitate information sharing 

10 and collaboration by— 

11 (A) establishing, maintaining, or enhancing 

12 multi-jurisdictional intelligence gathering and 

13 sharing activities; 

14 (B) facilitating regional crime prevention 

15 and reduction efforts; and 

16 (C) strengthening partnerships between 

17 Federal, State, tribal, and local law enforce18 ment agencies; and 

19 (5) resources to enhance jails, community cor20 rections, and detention operations by— 

21 (A) improving the administration and oper22 ations of correction functions related to reduc23 ing and preventing criminal narcotics activity; 


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1 (B) improving access to intelligence and 

2 collaboration between law enforcement and cor3 rectional system personnel; 

4 (C) reducing the recidivism rates of drug 

5 offenders; and 

6 (D) hiring detention, probation, parole, 

7 and other corrections personnel for implementa8 tion of the efforts described in this paragraph. 

9 (c) APPLICATION.— 

10 (1) IN GENERAL.—Each eligible law enforce11 ment agency or coalition of such agencies seeking a 

12 grant under this section shall submit an application 

13 to the Attorney General at such time, in such man14 ner, and accompanied by such information as the 

15 Attorney General may reasonably require. 

16 (2) CONTENTS.—Each application submitted 

17 under paragraph (1) shall— 

18 (A) describe the activities for which assist19 ance under this section is sought; 

20 (B) disclose whether the applicant has 

21 been investigated for, or convicted of, a viola22 tion of Federal or State racial profiling laws; 

23 and 


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1 (C) provide such additional assurances as 

2 the Attorney General determines to be essential 

3 to ensure compliance with this section. 

4 (d) MONITORING AND OVERSIGHT.— 

5 (1) IN GENERAL.—Each grantee under this sec6 tion shall submit a report to the Attorney General 

7 that documents the use of grant funds received 

8 under this section, including an assessment of their 

9 utility in— 

10 (A) protecting border community safety; 

11 (B) preventing smuggling activities; and 

12 (C) apprehending persons involved in vio13 lence and organized crime. 

14 (2) USE OF INFORMATION.—The Attorney Gen15 eral shall analyze the information contained in the 

16 reports submitted under paragraph (1) to determine 

17 whether the grantee— 

18 (A) used grant funds appropriately; and 

19 (B) should be considered for a renewal 

20 grant. 

21 (e) DEFINITIONS.—In this section: 

22 (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— 

23 The term ‘‘eligible law enforcement agency’’ means 

24 a State, tribal, or local law enforcement agency, in25 cluding a community corrections agency and any 


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1 agency that employs prosecutors, probation officers, 

2 or parole officers, which is located or performs du3 ties in— 

4 (A) a county that is not more than 100 

5 miles from a United States border with Mexico; 

6 (B) a county that is not more than 100 

7 miles from a United States border with Canada; 

8 or 

9 (C) a jurisdiction that has been designated 

10 by the Director of the Office of Drug Control 

11 Policy as a High Intensity Drug Trafficking 

12 Area. 

13 (2) HIGH INTENSITY DRUG TRAFFICKING

14 AREA.—The term ‘‘High Intensity Drug Trafficking 

15 Area’’ means any jurisdiction so designated by the 

16 National Drug Control Program under section 707 

17 of the Office of National Drug Control Policy Reau18 thorization Act of 1998 (21 U.S.C. 1706). 

19 (f) ASSESSMENT AND REPORT.—The Attorney Gen20 eral shall submit a biannual report to the Committee on 

21 the Judiciary of the Senate and the Committee on the Ju22 diciary of the House of Representatives that assesses— 

23 (1) the success of the grant program estab24 lished under this section in combating and reducing 

25 drug-trafficking and drug-related criminal activity; 


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1 (2) the cost-effectiveness of the program; and 

2 (3) the future value and viability of the pro3 gram. 

4 (g) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—There are authorized to be 

6 appropriated $100,000,000 for each of the fiscal 

7 years 2012 through 2016 to carry out this section. 

8 (2) ALLOCATION OF AUTHORIZED FUNDS.—Of 

9 the amounts appropriated pursuant to paragraph 

10 (1)— 

11 (A) not more than 33 percent may be set 

12 aside for High Intensity Drug Trafficking 

13 Areas; and 

14 (B) not more than 30 percent may be used 

15 for activities described in paragraphs (2) and 

16 (5) of subsection (b). 

17 (3) SUPPLEMENT NOT SUPPLANT.—Amounts 

18 appropriated for grants pursuant to paragraph (1) 

19 shall be used to supplement, and not to supplant, 

20 other State, tribal, and local public funds obligated 

21 for the purposes described in subsection (b). 

22 SEC. 221. REPORT ON DEATHS AND STRATEGY STUDY. 

23 (a) IN GENERAL.—The Commissioner of U.S. Cus24 toms and Border Protection shall— 


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1 (1) collect statistics relating to deaths occurring 

2 at the Southern border, including— 

3 (A) the causes of the deaths; and 

4 (B) the total number of deaths; 

5 (2) publish the statistics collected under para6 graph (1) on a quarterly basis; and 

7 (3) not later than 1 year after the date of the 

8 enactment of this Act, and annually thereafter, sub9 mit a report to the Secretary that— 

10 (A) analyzes trends with respect to the sta11 tistics collected under paragraph (1) during the 

12 preceding year; and 

13 (B) recommends actions to reduce and pre14 vent the deaths described in paragraph (1)(B). 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated such sums as may be 

17 necessary for each of the fiscal years 2012 through 2016 

18 to carry out this section. 

19 SEC. 222. IMMIGRATION AND UNITED STATES-MEXICO BOR20 DER ENFORCEMENT COMMISSION. 

21 (a) ESTABLISHMENT OF COMMISSION.— 

22 (1) IN GENERAL.—There is established an inde23 pendent commission to be known as the Immigration 

24 and United States-Mexico Border Enforcement 


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1 Commission (referred to in this section as the ‘‘Com2 mission’’). 

3 (2) PURPOSES.—The purposes of the Commis4 sion are— 

5 (A) to study the overall enforcement strat6 egies, programs, and policies of Federal agen7 cies along the Southern border, including the 

8 Department, the Department of Justice, and 

9 other relevant agencies; 

10 (B) to strengthen relations and collabora11 tion between communities in the border regions 

12 and the Department, the Department of Jus13 tice, and other Federal agencies that carry out 

14 such strategies, programs, and policies; 

15 (C) to ensure that the strategies, pro16 grams, and policies of Federal agencies along 

17 the Southern border and the agents and em18 ployees charged to implement such strategies, 

19 programs, and policies protect the due process, 

20 civil, and human rights of all individuals and 

21 communities at and near the Southern border; 

22 and 

23 (D) to make recommendations to the 

24 President and Congress with respect to such 

25 strategies, programs, and policies. 


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1 (3) MEMBERSHIP.— 

2 (A) IN GENERAL.—The Commission shall 

3 be composed of 16 voting members and 2 non4 voting members. 

5 (B) APPOINTMENT OF VOTING MEM6 BERS.—The Governors of the States of Cali7 fornia, New Mexico, Arizona, and Texas shall 

8 each appoint 4 voting members to the Commis9 sion, of whom— 

10 (i) 1 shall be a local elected official 

11 from the State’s border region; 

12 (ii) 1 shall be a local law enforcement 

13 official from the State’s border region; and 

14 (iii) 2 shall be from the State’s com15 munities of academia, religious leaders, 

16 civic leaders or community leaders. 

17 (C) APPOINTMENT OF NONVOTING MEM18 BERS.—The Secretary and the Attorney Gen19 eral shall each appoint 1 nonvoting member to 

20 the Commission. 

21 (4) QUALIFICATIONS.— 

22 (A) IN GENERAL.—Members of the Com23 mission shall be— 

24 (i) individuals with expertise in migra25 tion, border enforcement and protection, 


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1 civil and human rights, community rela2 tions, cross-border trade and commerce, or 

3 other pertinent qualifications or experience; 

4 and 

5 (ii) representative of a broad cross 

6 section of perspectives from the region 

7 along the Southern border. 

8 (B) POLITICAL AFFILIATION.—Not more 

9 than 2 members of the Commission appointed 

10 by each Governor under paragraph (3)(B) may 

11 be members of the same political party. 

12 (C) NONGOVERNMENTAL APPOINTEES.— 

13 An individual appointed as a voting member to 

14 the Commission may not be an officer or em15 ployee of the Federal Government. 

16 (5) DEADLINE FOR APPOINTMENT.—All mem17 bers of the Commission shall be appointed not later 

18 than 6 months after the date of the enactment of 

19 this Act. If any member of the Commission de20 scribed in paragraph (3)(A) is not appointed by such 

21 date, the Commission shall carry out its duties 

22 under this section without the participation of such 

23 member. 


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1 (6) TERM OF SERVICE.—Members of the Com2 mission shall be appointed for terms lasting not 

3 longer than the shorter of— 

4 (A) 3 years; or 

5 (B) the life of the Commission. 

6 (7) VACANCIES.—Any vacancy in the Commis7 sion shall not affect its powers, but shall be filled in 

8 the same manner in which the original appointment 

9 was made. 

10 (8) MEETINGS.— 

11 (A) INITIAL MEETING.—The Commission 

12 shall meet and begin the operations of the Com13 mission as soon as practicable. 

14 (B) SUBSEQUENT MEETINGS.—After its 

15 initial meeting, the Commission shall meet upon 

16 the call of the Chairman or a majority of its 

17 members. 

18 (C) OUTREACH.—The Commission shall 

19 formulate and implement an effective outreach 

20 strategy to border communities. 

21 (9) QUORUM.—Nine members of the Commis22 sion shall constitute a quorum. 

23 (10) CHAIR AND VICE CHAIR.—The voting 

24 members of the Commission shall elect a Chairman 

25 and Vice Chairman from among its members, who 


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1 shall serve in such capacities for the life of the Com2 mission or until removed by the majority vote of a 

3 quorum. 

4 (11) STRUCTURE.—The Commission shall have 

5 a Federal, regional, and local review structure, di6 vided into 2 subcommittees, of which— 

7 (A) 1 shall focus on border technology, 

8 equipment, and infrastructure; and 

9 (B) 1 shall focus on border and immigra10 tion enforcement policies and programs. 

11 (b) DUTIES.—The Commission shall review, examine, 

12 and make recommendations regarding immigration and 

13 border enforcement policies, strategies, and programs, in14 cluding recommendations regarding— 

15 (1) the compliance of the Department and other 

16 immigration and border-related agencies with exist17 ing laws and regulations; 

18 (2) the extent to which agency policies and 

19 practices protect the civil rights of migrants and 

20 border community residents, including policies and 

21 practices relating to engagement, detention, appre22 hension, use of force, definition and use of reason23 able suspicion and probable cause, and racial 

24 profiling; 


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1 (3) the frequency, adequacy, and effectiveness 

2 of human and civil rights training of border enforce3 ment personnel and others from Federal agencies 

4 who have contact with the public near the Southern 

5 border; 

6 (4) the extent to which— 

7 (A) the complaint process is transparent 

8 and accessible to the public; 

9 (B) investigations are opened as necessary 

10 and are effectively pursued; and 

11 (C) complaints are resolved in a timely and 

12 transparent manner; 

13 (5) the effectiveness and capacity of agency 

14 oversight, accountability, and management, including 

15 prevention and disciplinary policies involving use of 

16 force, abuse, malfeasance, corruption, and illegal ac17 tivity; 

18 (6) the effect of operations, technology, and en19 forcement infrastructure along the Southern border 

20 on the— 

21 (A) environment; 

22 (B) cross border traffic and commerce; 

23 (C) privacy rights and other civil liberties; 

24 and 


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1 (D) the quality of life of border commu2 nities; 

3 (7) the extent to which State and local law en4 forcement engage in the enforcement of Federal im5 migration law; 

6 (8) the extent of compliance with due process 

7 standards and equal protection of the law for immi8 grants and other individuals at and near the South9 ern border; 

10 (9) whether border policies and agencies are ac11 complishing their stated goals; and 

12 (10) any other matters regarding immigration 

13 and border enforcement policies, strategies, and pro14 grams that the Commission determines to be appro15 priate. 

16 (c) POWERS OF COMMISSION.— 

17 (1) HEARINGS AND EVIDENCE.—The Commis18 sion and any subcommittee or member of the Com19 mission authorized by the Commission may, for the 

20 purpose of carrying out this title— 

21 (A) hold hearings, sit and act, take testi22 mony, receive evidence, and administer oaths; 

23 and 

24 (B) request the attendance and testimony 

25 of such witnesses and the production of such 


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1 books, records, correspondence, memoranda, pa2 pers, and documents, as the Commission or 

3 such authorized subcommittee or member deter4 mines to be advisable. 

5 (2) RECOMMENDATIONS.— 

6 (A) IN GENERAL.—The Commission may 

7 make recommendations to the Secretary on the 

8 disposition of cases and the discipline of per9 sonnel under the Immigration and Nationality 

10 Act (8 U.S.C. 1101 et seq.). 

11 (B) RESPONSE.—Not later than 180 days 

12 after receipt a report from the Commission, the 

13 Secretary shall issue a response that describes 

14 how the Department, the Department of Jus15 tice, and the Department of Defense have ad16 dressed the recommendations included in such 

17 report. 

18 (3) CONTRACTING.—The Commission may 

19 enter into contracts to enable the Commission to dis20 charge its duties under this title. 

21 (4) INFORMATION FROM FEDERAL AGENCIES.— 

22 (A) IN GENERAL.—Upon request made by 

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1 ity of the Commission, the Commission may se2 cure information, suggestions, estimates, and 

3 statistics for the purposes of this title directly 

4 from any executive department, bureau, agency, 

5 board, commission, office, independent estab6 lishment, or instrumentality of the Federal Gov7 ernment, which shall, to the extent authorized 

8 by law, furnish such information, suggestions, 

9 estimates, and statistics directly to the Commis10 sion. 

11 (B) RECEIPT, HANDLING, STORAGE, AND

12 DISSEMINATION.—Information may only be re13 ceived, handled, stored, and disseminated by 

14 members of the Commission and its staff in ac15 cordance with all applicable statutes, regula16 tions, and Executive orders. 

17 (5) ASSISTANCE FROM FEDERAL AGENCIES.— 

18 (A) GENERAL SERVICES ADMINISTRA19 TION.—The Administrator of General Services 

20 shall provide, on a reimbursable basis, adminis21 trative support to the Commission and other 

22 services required for the performance of the 

23 Commission’s functions. 

24 (B) OTHER DEPARTMENTS AND AGEN25 CIES.—In addition to the assistance described 


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1 in paragraph (1), Federal departments and 

2 agencies may provide the Commission with such 

3 services, funds, facilities, staff, and other sup4 port services as may be authorized by law. 

5 (6) POSTAL SERVICES.—The Commission may 

6 use the United States mails in the same manner and 

7 under the same conditions as departments and agen8 cies of the United States. 

9 (d) COMPENSATION.— 

10 (1) IN GENERAL.—Members of the Commission 

11 shall serve without pay. 

12 (2) REIMBURSEMENT OF EXPENSES.—All mem13 bers of the Commission shall be reimbursed for rea14 sonable travel expenses and subsistence, and other 

15 reasonable and necessary expenses incurred by them 

16 in the performance of their duties. 

17 (e) TRAINING.—The Commission shall establish a 

18 process and criteria by which Commission members re19 ceive orientation and training on human, constitutional, 

20 and civil rights. 

21 (f) REPORT.—Not later than 2 years after the date 

22 of the meeting called pursuant to subsection (a)(8)(A), the 

23 Commission shall submit a report to the President and 

24 Congress that contains— 


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1 (1) findings with respect to the duties of the 

2 Commission; 

3 (2) recommendations regarding border and im4 migration enforcement policies, strategies, and pro5 grams; 

6 (3) suggestions for the implementation of the 

7 Commission’s recommendations; 

8 (4) a recommendation as to whether the Com9 mission should continue to operate after the sunset 

10 date set forth in subsection (h); and 

11 (5) if continued operations are recommended 

12 under paragraph (4), a description of the purposes 

13 and duties recommended to be carried out by the 

14 Commission after the sunset date set forth in sub15 section (h). 

16 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as may be 

18 necessary for each of the fiscal years 2012 through 2014 

19 to carry out this section. 

20 (h) SUNSET.—Unless the Commission is authorized 

21 by Congress to continue operations after such date, the 

22 Commission shall terminate on the date that is 60 days 

23 after the date on which the Commission submits the report 

24 described in subsection (f). 


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1 SEC. 223. PREEMPTION. 

2 (a) IN GENERAL.—Except as provided in subsections 

3 (b) and (c), this Act preempts any State or local law, li4 censing requirement, or other standard, requirement, ac5 tion or instrument that— 

6 (1) discriminates among persons on the basis of 

7 immigration status; or 

8 (2) imposes any sanction or liability— 

9 (A) on any person based on his or her im10 migration status; 

11 (B) on any person or entity based on the 

12 immigration status of its clients, employees, 

13 tenants, or other associates; or 

14 (C) based on a violation or alleged viola15 tion of immigration law. 

16 (b) EFFECT OF CONVICTION.—Notwithstanding sub17 section (a)(2)(C), a State or political subdivision of a State 

18 may take account of a Federal conviction for an immigra19 tion-related crime in the same manner as any other Fed20 eral criminal conviction. 

21 (c) LIMITATION.—Nothing in this Act may be con22 strued to preempt— 

23 (1) State or local discrimination based on immi24 gration status if such discrimination is explicitly au25 thorized by Federal law; or 


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1 (2) State or local citizenship requirements for 

2 voting, jury service, elective office, or other impor3 tant governmental positions, to the extent such re4 quirements comply with the Constitution of the 

5 United States. 

6 (d) DEFINED TERM.—In this section, the term ‘‘im7 migration status’’ refers to a person’s— 

8 (1) actual or perceived present or previous visa 

9 classification, refugee status, temporary protected 

10 status, status as an immigrant lawfully admitted for 

11 permanent residence, lawful presence, work author12 ization, or other classification or category authorized 

13 under this Act; and 

14 (2) lack of any status referred to in paragraph 

15 (1). 

16 SEC. 224. INHERENT AUTHORITY. 

17 Section 287(g) (8 U.S.C. 1357(g)) is amended by 

18 striking paragraph (10) and inserting the following: 

19 ‘‘(10) Except as provided in sections 103(a)(10), 

20 103(a)(11), 242(c), and 274(c), or an agreement under 

21 this subsection, the authority to investigate, identify, ap22 prehend, arrest, or detain persons for any violation of this 

23 Act or any regulation issued pursuant to this Act— 


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1 ‘‘(A) is restricted to immigration officers and 

2 employees of the Department of Homeland Security; 

3 and 

4 ‘‘(B) is subject to the specific limitations set 

5 forth in this Act. 

6 ‘‘(11)(A) Not later than 60 days after the end of each 

7 fiscal year, the Secretary of Homeland Security shall— 

8 ‘‘(i) review the compliance of the State or local 

9 government with the terms of each agreement under 

10 this subsection; and 

11 ‘‘(ii) prepare a written report that contains the 

12 results of the compliance review and any rec13 ommendations to improve compliance with such 

14 agreement. 

15 ‘‘(B) Not later than 120 days after date on which 

16 recommendations are issued under subparagraph (A)(ii), 

17 the Secretary shall— 

18 ‘‘(i) review the implementation of such rec19 ommendations; and 

20 ‘‘(ii) inform the State or local government of 

21 any unresolved recommendations. 

22 ‘‘(C) If 1 or more of the recommendations issued 

23 under subparagraph (A)(ii) remain unresolved at the time 

24 of the subsequent annual compliance review, the Secretary 


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1 shall immediately terminate the State or local govern2 ment’s agreement under this subsection.’’. 

3 SEC. 225. BORDER PROTECTION STRATEGY. 

4 (a) IN GENERAL.—Not later than July 1, 2012, the 

5 Secretary, the Secretary of the Interior, the Secretary of 

6 Agriculture, the Secretary of Defense, and the Secretary 

7 of Commerce, in consultation with State, tribal, and local 

8 government officials, shall jointly develop and submit to 

9 Congress a border protection strategy for the Northern 

10 border and the Southern border. 

11 (b) ELEMENTS OF THE STRATEGY.—The strategy 

12 developed under subsection (a) shall include— 

13 (1) a comparative analysis of the levels of bor14 der security, based on auditable and verifiable data, 

15 achievable through alternative tactical infrastructure 

16 and other security measures, including an assess17 ment of— 

18 (A) pedestrian fencing; 

19 (B) vehicle barriers, especially in the vicin20 ity of existing or planned roads; 

21 (C) additional Border Patrol agents; 

22 (D) efficacy of natural barriers and open 

23 space in response to unauthorized or unlawful 

24 border crossing; 


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1 (E) fielding of advanced remote sensing 

2 and information integration technology, includ3 ing the use of— 

4 (i) unmanned aerial vehicles; 

5 (ii) other advanced technologies and 

6 systems developed and employed, or under 

7 development, for tactical surveillance, 

8 multisource information integration, and 

9 response analysis in difficult terrain and 

10 under adverse environmental conditions; 

11 (F) regional, urban, and rural variation in 

12 border security methodologies, including the in13 corporation of natural barriers; 

14 (G) enhanced cooperation with, and assist15 ance to, intelligence, security, and law enforce16 ment agencies in Canada and Mexico in detect17 ing, reporting, analyzing, and successfully re18 sponding to unauthorized or unlawful border 

19 crossings from or into Canada or Mexico; and 

20 (H) removal of obstructive nonnative vege21 tation; 

22 (2) a comprehensive analysis of cost and other 

23 impacts of security measures assessed in paragraph 

24 (1), including an assessment of— 


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1 (A) land acquisition costs, including re2 lated litigation and other costs; 

3 (B) construction costs, including labor and 

4 material costs; 

5 (C) maintenance costs for the next 25 

6 years; 

7 (D) contractor costs; 

8 (E) management and overhead costs; 

9 (F) the impacts on wildlife, wildlife habi10 tat, natural communities, and functioning cross11 border wildlife migration corridors and hydrol12 ogy (including water quantity, quality, and nat13 ural hydrologic flows) on Federal, State, tribal, 

14 local government, and private lands along the 

15 Northern border and the Southern border; and 

16 (G) the costs of fully mitigating the ad17 verse impacts to Federal, State, tribal, local, 

18 and private lands, waters (including water qual19 ity, quantity, and hydrological flows), wildlife, 

20 and wildlife habitats, including, if such action is 

21 possible, the full costs of the replacement or 

22 restoration of severed wildlife migration cor23 ridors with protected corridors of equivalent bi24 ological functionality, as determined by each 

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1 propriate authorities of State, tribal, and local 

2 governments and appropriate authorities of the 

3 Government of Canada and the Government of 

4 Mexico; 

5 (3) a comprehensive compilation of the fiscal in6 vestments in acquiring or managing Federal, State, 

7 tribal, local, and private lands and waters in the vi8 cinity of, or ecologically related to, the land borders 

9 of the United States that have been acquired or 

10 managed in whole or in part for conservation pur11 poses (including the creation or management of pro12 tected wildlife migration corridors) in— 

13 (A) units of the National Park System; 

14 (B) National Forest System land; 

15 (C) land under the jurisdiction of the Bu16 reau of Land Management; 

17 (D) land under the jurisdiction of the 

18 United States Fish and Wildlife Service; 

19 (E) other relevant land under the jurisdic20 tion of the Department of the Interior or the 

21 Department of Agriculture; 

22 (F) land under the jurisdiction of the De23 partment of Defense or any military depart24 ment; 


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1 (G) land under the jurisdiction of the De2 partment of Commerce; 

3 (H) tribal lands; 

4 (I) State and private lands; and 

5 (J) lands within Canada or Mexico; and 

6 (4) recommendations for strategic border secu7 rity management based on— 

8 (A) comparative security described in para9 graph (1); 

10 (B) the cost-benefit analysis described in 

11 paragraph (2); and 

12 (C) the protection of investments in the 

13 lands specified in paragraph (3). 

14 (c) TRAINING.— 

15 (1) REQUIRED TRAINING.—The Secretary, in 

16 cooperation with the Secretary concerned, shall pro17 vide— 

18 (A) natural resource protection training for 

19 U.S. Customs and Border Protection agents or 

20 other Federal personnel assigned to plan or 

21 oversee the construction or operation of border 

22 security tactical infrastructure or to patrol land 

23 along or in the vicinity of a land border of the 

24 United States; and 


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1 (B) cultural resource training for U.S. 

2 Customs and Border Protection agents and 

3 other Federal personnel assigned to plan or 

4 oversee the construction or operation of border 

5 security tactical infrastructure or to patrol trib6 al lands. 

7 (2) ADDITIONAL CONSIDERATIONS.—In devel8 oping and providing training under paragraph 

9 (1)(A), the Secretary shall coordinate with the Sec10 retary concerned and the relevant tribal government 

11 to ensure that such training— 

12 (A) is appropriate to the mission of the 

13 relevant agency; and 

14 (B) is focused on achieving border security 

15 objectives while avoiding or minimizing the ad16 verse impact on natural and cultural resources 

17 resulting from border security tactical infra18 structure, operations, or other activities. 

19 (d) DEFINED TERM.—In this section, the term ‘‘Sec20 retary concerned’’ means— 

21 (1) the Secretary of Agriculture, with respect to 

22 land under the jurisdiction of the Secretary of Agri23 culture; 


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1 (2) the Secretary of the Interior, with respect 

2 to land under the jurisdiction of the Secretary of the 

3 Interior; 

4 (3) the Secretary of Defense, with respect to 

5 land under the jurisdiction of the Secretary of De6 fense or the secretary of a military department; and 

7 (4) the Secretary of Commerce, with respect to 

8 land under the jurisdiction of the Secretary of Com9 merce. 

10 SEC. 226. BORDER COMMUNITIES LIAISON OFFICE. 

11 (a) ESTABLISHMENT.—The Secretary shall establish, 

12 in consultation with the Office of Civil Rights and Civil 

13 Liberties, a Border Communities Liaison Office in every 

14 Border Patrol sector on the Southern border or the North15 ern border. 

16 (b) PURPOSE.—The purpose of the Border Commu17 nities Liaison Office shall be— 

18 (1) to foster and institutionalize consultation 

19 with border communities; 

20 (2) to consult with border communities on— 

21 (A) agency policies, directives, and laws; 

22 (B) agency strategies and strategy develop23 ment; and 

24 (C) agency services and operational issues; 


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1 (3) to receive assessments on agency perform2 ance from border communities; and 

3 (4) to receive complaints regarding agency per4 formance and agent conduct. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as may be 

7 necessary in each of the fiscal years 2012 through 2016 

8 to carry out this section. 

9 SEC. 227. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—In addition to any funds other11 wise available, there are authorized to be appropriated 

12 such sums as may be necessary for the fiscal years 2012 

13 through 2016 to carry out this part. 

14 (b) INTERNATIONAL AGREEMENTS.—Amounts ap15 propriated pursuant to subsection (a) may be used to im16 plement projects that are authorized under this part and 

17 are described in— 

18 (1) the Declaration on Embracing Technology 

19 and Cooperation to Promote the Secure and Effi20 cient Flow of People and Commerce across our 

21 Shared Border between the United States and Mex22 ico, agreed to March 22, 2002, Monterrey, Mexico; 

23 or 


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1 (2) the Smart Border Declaration between the 

2 United States and Canada, agreed to December 12, 

3 2001, Ottawa, Canada. 

4 Subtitle B—Interior Enforcement 

5 PART I—PREVENTING UNAUTHORIZED ENTRIES 

6 AND ENSURING REMOVAL 

7 SEC. 235. US–VISIT SYSTEM. 

8 (a) IN GENERAL.—Not later than 6 months after the 

9 date of the enactment of this Act, the Secretary, in con10 sultation with the heads of other appropriate Federal 

11 agencies, shall submit to Congress a schedule for— 

12 (1) equipping all ports of entry of the United 

13 States with the United States-Visitor and Immigrant 

14 Status Indicator Technology system (referred to in 

15 this section as ‘‘US–VISIT’’) implemented under 

16 section 110 of the Illegal Immigration Reform and 

17 Immigrant Responsibility Act of 1996 (8 U.S.C. 

18 1365a), including all necessary changes to infra19 structure at the ports of entry to fully deploy US– 

20 VISIT; 

21 (2) developing and deploying the exit compo22 nent of US–VISIT at such ports of entry; and 

23 (3) making interoperable all immigration 

24 screening systems operated by the Secretary. 


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1 (b) VISA EXIT TRACKING SYSTEM.—Not later than 

2 18 months after the date of the enactment of this Act, 

3 the Secretary shall establish and deploy a system capable 

4 of recording the departure of aliens admitted on tem5 porary nonimmigrant visas under the Immigration and 

6 Nationality Act (8 U.S.C. 1101 et seq.)— 

7 (1) at designated ports of entry; and 

8 (2) in coordination with the Secretary of State, 

9 at designated United States consulates. 

10 SEC. 236. ILLEGAL ENTRY AND REENTRY. 

11 (a) ILLEGAL ENTRY.—Section 275(b) (8 U.S.C. 

12 1325(b)) is amended to read as follows: 

13 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN14 ALTIES.—Any alien older than 18 years of age who is ap15 prehended while entering or attempting to enter, or know16 ingly crossing or attempting to cross the border to, the 

17 United States at a time or place that has not been des18 ignated as a lawful entry by immigration officers shall be 

19 subject to a civil penalty, in addition to any criminal or 

20 other civil penalties that may be imposed under any other 

21 provision of law, in an amount equal to— 

22 ‘‘(1) not less than $250 or more than $500 for 

23 each such entry or attempted entry; or 


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1 ‘‘(2) twice the amount specified in paragraph 

2 (1), if the alien had previously been subject to a civil 

3 penalty under this subsection.’’. 

4 (b) ILLEGAL REENTRY.—Section 276 (8 U.S.C. 

5 1326) is amended to read as follows: 

6 ‘‘SEC. 276. REENTRY OF REMOVED ALIENS. 

7 ‘‘(a) REENTRY AFTER REMOVAL.—Any alien who 

8 has been denied admission, excluded, deported, or re9 moved, or who has departed the United States while an 

10 order of exclusion, deportation, or removal is outstanding, 

11 and subsequently enters, attempts to enter, crosses the 

12 border to, attempts to cross the border to, or is at any 

13 time found in the United States, shall be fined under title 

14 18, United States Code, imprisoned not more than 2 

15 years, or both. 

16 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—In addi17 tion to the penalty provided in subsection (a), any alien 

18 described in that subsection— 

19 ‘‘(1) whose removal was subsequent to a convic20 tion for 3 or more misdemeanors involving drugs or 

21 crimes against the person, or a felony for which the 

22 alien was sentenced to a term of imprisonment of 

23 more than 12 months before such removal or depar24 ture, shall be fined under title 18, United States 

25 Code, imprisoned not more than 10 years, or both; 


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1 ‘‘(2) whose removal was subsequent to a convic2 tion for a felony involving drugs or crimes against 

3 the person before such removal or departure for 

4 which the alien was sentenced to a term of imprison5 ment of not less than 30 months, shall be fined 

6 under such title 18, imprisoned not more than 10 

7 years, or both; 

8 ‘‘(3) who has been excluded from the United 

9 States pursuant to section 235(c) because the alien 

10 was excludable under section 212(a)(3)(B) or has 

11 been removed from the United States, and who 

12 thereafter, without the permission of the Attorney 

13 General, enters the United States, or attempts to do 

14 so, shall be fined under title 18, United States Code, 

15 and imprisoned for a period of 10 years, which sen16 tence shall not run concurrently with any other sen17 tence; 

18 ‘‘(4) who was removed from the United States 

19 pursuant to section 241(a)(4)(B) and who there20 after, without the permission of the Attorney Gen21 eral, enters, attempts to enter, or is at any time 

22 found in, the United States (unless the Attorney 

23 General has expressly consented to such alien’s re24 entry) shall be fined under title 18, United States 


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1 Code, imprisoned for not more than 10 years, or 

2 both; 

3 ‘‘(5) whose removal was subsequent to a convic4 tion for an aggravated felony before such removal or 

5 departure for which the alien was sentenced to a 

6 term of imprisonment of not less than 60 months, 

7 shall be fined under such title 18, imprisoned not 

8 more than 20 years, or both; or 

9 ‘‘(6) was convicted for 3 felonies before such re10 moval or departure, shall be fined under such title 

11 18, imprisoned not more than 25 years, or both. 

12 ‘‘(c) PROOF OF PRIOR CONVICTIONS.—The prior con13 victions described in subsection (b) are elements of the 

14 crimes described in that subsection. The penalties set 

15 forth in subsection (b) shall apply only in cases in which 

16 the conviction or convictions that form the basis for the 

17 additional penalty are— 

18 ‘‘(1) alleged in the indictment or information; 

19 and 

20 ‘‘(2) proven beyond a reasonable doubt at trial 

21 or admitted by the defendant. 

22 ‘‘(d) AFFIRMATIVE DEFENSES.—It shall be an af23 firmative defense to a violation of this section if— 

24 ‘‘(1) the alien sought and received the express 

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1 apply for admission into the United States before 

2 the alleged violation occurred; 

3 ‘‘(2) with respect to an alien previously denied 

4 admission and removed, the alien— 

5 ‘‘(A) was not required to obtain such ad6 vance consent under this Act; and 

7 ‘‘(B) had complied with all other laws and 

8 regulations governing the alien’s admission into 

9 the United States; or 

10 ‘‘(3) the prior order of removal was based on 

11 charges filed against the alien before the alien 

12 reached 18 years of age. 

13 ‘‘(e) LIMITATION ON COLLATERAL ATTACK ON UN14 DERLYING REMOVAL ORDER.—In a criminal proceeding 

15 under this section, an alien may not challenge the validity 

16 of the order described in subsection (a) or (b) unless the 

17 alien demonstrates that— 

18 ‘‘(1) the alien exhausted any administrative 

19 remedies that may have been available to seek relief 

20 against the order; 

21 ‘‘(2) the removal proceedings at which the order 

22 was issued improperly deprived the alien of the op23 portunity for judicial review; and 

24 ‘‘(3) the entry of the order was fundamentally 

25 unfair. 


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1 ‘‘(f) RE-ENTRY OF ALIEN REMOVED PRIOR TO COM2 PLETION OF TERM OF IMPRISONMENT.—Any alien re3 moved pursuant to section 241(a)(4) who enters, attempts 

4 to enter, crosses the border to, attempts to cross the bor5 der to, or is at any time found in, the United States— 

6 ‘‘(1) shall be incarcerated for the remainder of 

7 the sentence of imprisonment which was pending at 

8 the time of deportation without any reduction for 

9 parole or supervised release unless the alien affirma10 tively demonstrates that the Secretary of Homeland 

11 Security has expressly consented to the alien’s re12 entry or the alien is prima facie eligible for protec13 tion from removal; and 

14 ‘‘(2) shall be subject to such other penalties re15 lating to the reentry of removed aliens as may be 

16 available under this section or any other provision of 

17 law. 

18 ‘‘(g) LIMITATION.—An individual, acting without 

19 compensation or the expectation of compensation, is not 

20 aiding and abetting a violation of this section by— 

21 ‘‘(1) providing, or attempting to provide, an 

22 alien with humanitarian assistance, including emer23 gency medical care or food; or 

24 ‘‘(2) transporting the alien to a location where 

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1 out compensation or the expectation of compensa2 tion.’’. 

3 SEC. 237. DETERRING ALIENS ORDERED REMOVED FROM 

4 REMAINING IN THE UNITED STATES UNLAW5 FULLY. 

6 Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is 

7 amended— 

8 (1) in clause (i), by striking ‘‘seeks admission 

9 within 5 years of the date of such removal (or within 

10 20 years’’ and inserting ‘‘seeks admission not later 

11 than 5 years after the date of the alien’s removal (or 

12 not later than 20 years after the alien’s removal’’; 

13 and 

14 (2) in clause (ii), by striking ‘‘seeks admission 

15 within 10 years of the date of such alien’s departure 

16 or removal (or within 20 years of’’ and inserting 

17 ‘‘seeks admission not later than 10 years after the 

18 date of the alien’s departure or removal (or not later 

19 than 20 years after’’. 

20 SEC. 238. BIOMETRIC SCREENING. 

21 Section 212 (8 U.S.C. 1182) is amended— 

22 (1) in subsection (a)(7), by adding at the end 

23 the following: 

24 ‘‘(C) WITHHOLDING INFORMATION.—Ex25 cept as provided in subsection (d)(2), any alien 


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1 who, through his or her own fault, fails or has 

2 failed to comply with a lawful request for bio3 metric information is inadmissible.’’; and 

4 (2) in subsection (d), by inserting after para5 graph (1) the following: 

6 ‘‘(2) The Secretary may waive the application of sub7 section (a)(7)(C) for an individual alien or a class of 

8 aliens. A decision by the Secretary to grant or deny a 

9 waiver under this paragraph shall not be subject to re10 view.’’. 

11 SEC. 239. ENCOURAGING ALIENS TO DEPART VOLUN12 TARILY. 

13 (a) IN GENERAL.—Section 240B (8 U.S.C. 1229c) 

14 is amended— 

15 (1) in subsection (a)— 

16 (A) by amending paragraph (1) to read as 

17 follows: 

18 ‘‘(1) IN GENERAL.—If an alien is not removable 

19 under paragraph (2)(A)(iii) or (4) of section 

20 237(a)— 

21 ‘‘(A) the Secretary of Homeland Security 

22 may permit the alien to voluntarily depart the 

23 United States at the alien’s own expense under 

24 this subsection instead of being subject to pro25 ceedings under section 240; or 


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1 ‘‘(B) the Attorney General may permit the 

2 alien to voluntarily depart the United States at 

3 the alien’s own expense under this subsection 

4 after the initiation of removal proceedings 

5 under section 240 and before the conclusion of 

6 such proceedings before an immigration 

7 judge.’’; 

8 (B) in paragraph (2), by amending sub9 paragraph (A) to read as follows: 

10 ‘‘(A) IN GENERAL.— 

11 ‘‘(i) INSTEAD OF REMOVAL.—Subject 

12 to subparagraph (B), the Secretary of 

13 Homeland Security— 

14 ‘‘(I) may not grant an alien per15 mission to voluntarily depart the 

16 United States under paragraph (1)(A) 

17 for a period exceeding 180 days; and 

18 ‘‘(II) may require such alien to 

19 post a voluntary departure bond, 

20 which shall be surrendered upon proof 

21 that the alien has departed the United 

22 States within the time specified in 

23 such bond. 

24 ‘‘(ii) BEFORE THE CONCLUSION OF

25 REMOVAL PROCEEDINGS.— 


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1 ‘‘(I) LIMITATION.—The Attorney 

2 General— 

3 ‘‘(aa) may not grant an 

4 alien permission to voluntarily 

5 depart under paragraph (1)(B) 

6 for a period exceeding 90 days; 

7 and 

8 ‘‘(bb) may only grant such 

9 permission after determining that 

10 the alien has the means to depart 

11 the United States and intends to 

12 do so. 

13 ‘‘(II) VOLUNTARY DEPARTURE

14 BOND.—An immigration judge may— 

15 ‘‘(aa) require an alien per16 mitted to voluntarily depart 

17 under paragraph (1)(B) to post a 

18 voluntary departure bond, in an 

19 amount necessary to ensure that 

20 the alien will depart, which shall 

21 be surrendered upon proof that 

22 the alien has departed the United 

23 States within the time specified 

24 in such bond; and 


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1 ‘‘(bb) waive the requirement 

2 to post a voluntary departure 

3 bond after determining that the 

4 alien has presented— 

5 ‘‘(AA) compelling evi6 dence that the posting of a 

7 bond will pose a serious fi8 nancial hardship; and 

9 ‘‘(BB) credible evidence 

10 that such a bond is unneces11 sary to guarantee timely de12 parture.’’; 

13 (C) by striking paragraph (3); and 

14 (D) by redesignating paragraph (4) as 

15 paragraph (3); 

16 (2) by amending subsection (c) to read as fol17 lows: 

18 ‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 

19 ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— 

20 Voluntary departure under this section may only be 

21 granted as part of an affirmative agreement by the 

22 alien. 

23 ‘‘(2) CONCESSIONS BY THE SECRETARY.—In 

24 connection with the alien’s agreement to voluntarily 

25 depart under paragraph (1)(A), the Secretary of 


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1 Homeland Security may reduce the period of inad2 missibility under subparagraph (A) or (B)(i) of sec3 tion 212(a)(9). 

4 ‘‘(3) ADVISALS.—Agreements relating to vol5 untary departure granted during removal pro6 ceedings under section 240, or at the conclusion of 

7 such proceedings, shall be presented on the record 

8 before the immigration judge, who shall advise the 

9 alien of the consequences of a voluntary departure 

10 agreement, including the consequences of failing to 

11 comply with the agreement, before accepting such 

12 agreement. 

13 ‘‘(4) FAILURE TO COMPLY WITH AGREE14 MENT.—If an alien who has agreed to voluntarily 

15 depart under this section fails to depart the United 

16 States within the time allowed for voluntary depar17 ture or fails to comply with any other terms of the 

18 agreement (including failure to timely post any re19 quired bond), unless such noncompliance is through 

20 no fault of the alien, the alien is— 

21 ‘‘(A) ineligible for the benefits of the 

22 agreement; 

23 ‘‘(B) subject to the penalties described in 

24 subsection (d); and 


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1 ‘‘(C) subject to an alternate order of re2 moval if voluntary departure was granted under 

3 subsection (a)(1)(B) or (b). 

4 ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF5 FECTED.—Except as expressly agreed to by the Sec6 retary of Homeland Security in writing before the 

7 expiration of the period allowed for voluntary depar8 ture, no motion, appeal, application, petition, or pe9 tition for review shall affect, reinstate, enjoin, delay, 

10 stay, or toll the alien’s obligation to depart from the 

11 United States during the period agreed to by the 

12 alien and the Secretary.’’; 

13 (3) by amending subsection (d) to read as fol14 lows: 

15 ‘‘(d) PENALTIES FOR FAILURE TO DEPART.— 

16 ‘‘(1) CIVIL PENALTY.—An alien who is per17 mitted to voluntarily depart under this section and 

18 fails to leave the United States during the period 

19 specified in the voluntary departure agreement or 

20 otherwise violates the terms of such agreement shall 

21 be liable for a civil penalty of $1,000. The voluntary 

22 departure order shall specify the amount of the pen23 alty, which shall be acknowledged by the alien on the 

24 record. 


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1 ‘‘(2) COLLECTION OF PENALTY.—If the Sec2 retary of Homeland Security establishes, by clear 

3 and convincing evidence, that the alien failed to 

4 leave the United States during the period specified 

5 in the voluntary departure agreement— 

6 ‘‘(A) no further procedure will be nec7 essary to establish the amount of the penalty; 

8 ‘‘(B) the Secretary may collect the civil 

9 penalty at any time thereafter and by whatever 

10 means provided by law; and 

11 ‘‘(C) the alien shall be ineligible for any 

12 benefits under this chapter until this civil pen13 alty is paid.’’; and 

14 (4) by amending subsection (e) to read as fol15 lows: 

16 ‘‘(e) ELIGIBILITY.— 

17 ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR18 TURE.—An alien may not be permitted to volun19 tarily depart under this section if the Secretary of 

20 Homeland Security or the Attorney General pre21 viously permitted the alien to depart voluntarily 

22 under this section on or after the date of the enact23 ment of the CIR Act of 2011. 

24 ‘‘(2) RULEMAKING.—The Secretary may pro25 mulgate regulations to limit eligibility or impose adVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00424 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 ditional conditions for voluntary departure under 

2 subsection (a)(1)(A) for any class of aliens.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply with respect to all orders granting 

5 voluntary departure under section 240B of the Immigra6 tion and Nationality Act (8 U.S.C. 1229c) made on or 

7 after the date that is 180 days after the date of the enact8 ment of this Act. 

9 SEC. 240. CANCELLATION OF VISAS. 

10 Section 222(g) (8 U.S.C. 1202(g)) is amended— 

11 (1) in paragraph (1), by striking ‘‘Attorney 

12 General, such visa’’ and inserting ‘‘Secretary of 

13 Homeland Security, such visa and any other non14 immigrant visa issued by the United States that is 

15 in the possession of the alien’’; and 

16 (2) in paragraph (2)(A), by striking ‘‘(other 

17 than the visa described in paragraph (1)) issued in 

18 a consular office located in the country of the alien’s 

19 nationality’’ and inserting ‘‘(other than a visa de20 scribed in paragraph (1)) issued in a consular office 

21 located in the country of the alien’s nationality or 

22 foreign residence’’. 

23 SEC. 241. PENALTIES RELATING TO VESSELS AND AIR24 CRAFT. 

25 Section 243(c) (8 U.S.C. 1253(c)) is amended— 


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1 (1) by striking ‘‘Attorney General’’ each place 

2 such term appears and inserting ‘‘Secretary of 

3 Homeland Security’’; 

4 (2) by striking ‘‘Commissioner’’ each place such 

5 term appears and inserting ‘‘Secretary’’; and 

6 (3) in paragraph (1)— 

7 (A) in subparagraph (A), by striking 

8 ‘‘$2,000’’ and inserting ‘‘$5,000’’; 

9 (B) in subparagraph (B), by striking 

10 ‘‘$5,000’’ and inserting ‘‘$10,000’’; and 

11 (C) by amending paragraph (1)(C) to read 

12 as follows: 

13 ‘‘(C) COMPROMISE.—The Secretary of 

14 Homeland Security, in the Secretary’s 

15 unreviewable discretion and upon the receipt of 

16 a written request, may mitigate the monetary 

17 penalties required under this subsection for 

18 each alien stowaway to an amount equal to not 

19 less than $500, upon such terms that the Sec20 retary determines to be appropriate.’’. 

21 SEC. 242. SANCTIONS FOR COUNTRIES THAT DELAY OR 

22 PREVENT REPATRIATION OF THEIR CITIZENS 

23 AND NATIONALS. 

24 Sec. 243(d) (8 U.S.C. 1253(d)) is amended— 


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1 (1) by striking ‘‘Attorney General’’ each place 

2 such term appears and inserting ‘‘Secretary of 

3 Homeland Security’’ ; 

4 (2) by inserting ‘‘or subsets of such visas’’ after 

5 ‘‘both,’’; and 

6 (3) by inserting ‘‘of State’’ after ‘‘Secretary’’ 

7 the last place such term appears. 

8 SEC. 243. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 241(i)(5)(C) (8 U.S.C. 1231(i)(5)(C)) is amended by 

11 striking ‘‘to carry out this subsection’’ and all that follows 

12 and inserting ‘‘$950,000,000 for each of the fiscal years 

13 2012 through 2016 to carry out this subsection.’’. 

14 (b) REIMBURSEMENT OF STATES FOR INDIRECT

15 COSTS RELATING TO THE INCARCERATION OF UNAU16 THORIZED ALIENS.—Section 501 of the Immigration Re17 form and Control Act of 1986 (8 U.S.C. 1365) is amend18 ed— 

19 (1) by striking subsection (a) and inserting the 

20 following: 

21 ‘‘(a) REIMBURSEMENT OF STATES.—Subject to the 

22 amounts provided in advance in appropriation Acts, the 

23 Attorney General shall reimburse a State for— 


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1 ‘‘(1) the costs incurred by the State for the im2 prisonment of all unauthorized aliens convicted of a 

3 felony by such State; and 

4 ‘‘(2) the indirect costs related to the 

5 imprisonments described in paragraph (1).’’; and 

6 (2) by striking subsections (c) through (e) and 

7 inserting the following: 

8 ‘‘(c) ALLOCATION OF REIMBURSEMENTS.—Reim9 bursements under this section shall be allocated in a man10 ner that gives special consideration for any State that 

11 shares a border with Mexico or with Canada. 

12 ‘‘(d) DEFINITIONS.—In this section: 

13 ‘‘(1) INDIRECT COSTS.—The term ‘indirect 

14 costs’ includes— 

15 ‘‘(A) court costs, county attorney costs, de16 tention costs, and criminal proceedings expendi17 tures that do not involve going to trial; 

18 ‘‘(B) indigent defense costs; and 

19 ‘‘(C) unsupervised probation costs. 

20 ‘‘(2) STATE.—The term ‘State’ has the mean21 ing given such term in section 101(a)(36) of the Im22 migration and Nationality Act (8 U.S.C. 

23 1101(a)(36)). 

24 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated $200,000,000 for each 


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1 of the fiscal years 2012 through 2016 to carry out sub2 section (a)(2).’’. 

3 SEC. 244. PROCEDURES REGARDING ALIENS APPRE4 HENDED BY STATE AND LOCAL LAW EN5 FORCEMENT OFFICERS. 

6 (a) ISSUANCE OF DETAINERS.—Section 287(d) (8 

7 U.S.C. 1357(d)) is amended to read as follows: 

8 ‘‘(d) ISSUANCE OF DETAINERS.— 

9 ‘‘(1) DETERMINATION.—An authorized officer 

10 or employee of the Department of Homeland Secu11 rity shall promptly determine whether or not to issue 

12 a detainer to detain an alien who is arrested by a 

13 Federal, State, or local law enforcement official for 

14 a violation of any law relating to controlled sub15 stances if the law enforcement official— 

16 ‘‘(A) has reason to believe that the alien 

17 has not been lawfully admitted to the United 

18 States or is otherwise not lawfully present in 

19 the United States; 

20 ‘‘(B) expeditiously informs such officer or 

21 employee of the arrest and of facts concerning 

22 the status of the alien; and 

23 ‘‘(C) requests the Department of Home24 land Security to determine whether or not to 

25 issue such detainer. 


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1 ‘‘(2) CUSTODY.—If a detainer is issued pursu2 ant to paragraph (1) and the alien is not otherwise 

3 detained by Federal, State, or local officials, the 

4 Secretary shall effectively and expeditiously take 

5 custody of the alien. 

6 ‘‘(3) DATA COLLECTION.—The Secretary of 

7 Homeland Security shall collect data regarding de8 tainers issued under this subsection, including— 

9 ‘‘(A) the criminal charge for which the in10 dividual was arrested or convicted; 

11 ‘‘(B) the date on which the detainer was 

12 issued; 

13 ‘‘(C) the basis for the issuance of the de14 tainer; 

15 ‘‘(D) the date on which the detainer was 

16 lifted; 

17 ‘‘(E) the date on which a Federal or State 

18 criminal court or other government entity or19 dered the release of the individual; 

20 ‘‘(F) the date on which the Department of 

21 Homeland Security took custody of the indi22 vidual; 

23 ‘‘(G) the perceived race, ethnicity, and 

24 country of origin of the individual against 

25 whom the detainer was issued; 


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1 ‘‘(H) the age of the individual; 

2 ‘‘(I) whether the individual was a victim of, 

3 or a witness to, a crime; 

4 ‘‘(J) the disposition of the criminal case 

5 against the individual; 

6 ‘‘(K) the ultimate disposition of the immi7 gration case, including whether the individual 

8 was determined to be a United States citizen; 

9 ‘‘(L) the grounds of removal, if applicable, 

10 and any charges brought by the Secretary; and 

11 ‘‘(M) the number of individuals removed 

12 after the Secretary took custody while any 

13 criminal matter was pending.’’. 

14 (b) RULEMAKING.—The Secretary shall issue regula15 tions that require officers and employees of the Depart16 ment of Homeland Security— 

17 (1) to confirm, before issuing a detainer— 

18 (A) the alienage of the individual to be 

19 made subject to such detainer through lawfully 

20 obtained information, including— 

21 (i) the name of the individual; 

22 (ii) the date of birth of the individual; 

23 or 

24 (iii) the fingerprints of the individual; 


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1 (B) whether the individual is removable 

2 from the United States; and 

3 (C) that the individual was not the victim 

4 of a crime or a witness to a crime; and 

5 (2) to provide notice to the individual being de6 tained, in the individual’s native language— 

7 (A) that a detainer has been issued; and 

8 (B) the procedure for challenging the de9 tainer. 

10 SEC. 245. REFORM OF PASSPORT, VISA, AND IMMIGRATION 

11 FRAUD OFFENSES. 

12 (a) TRAFFICKING IN PASSPORTS.—Section 1541 of 

13 title 18, United States Code, is amended to read as fol14 lows: 

15 ‘‘§ 1541. Trafficking in passports 

16 ‘‘(a) MULTIPLE PASSPORTS.—Any person who, dur17 ing any period of 3 years or less, knowingly— 

18 ‘‘(1) and without lawful authority produces, 

19 issues, or transfers 10 or more passports; 

20 ‘‘(2) forges, counterfeits, alters, or falsely 

21 makes 10 or more passports; 

22 ‘‘(3) secures, possesses, uses, receives, buys, 

23 sells, or distributes 10 or more passports, knowing 

24 the passports to be forged, counterfeited, altered, 


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1 falsely made, stolen, procured by fraud, or produced 

2 or issued without lawful authority; or 

3 ‘‘(4) completes, mails, prepares, presents, signs, 

4 or submits 10 or more applications for a United 

5 States passport, knowing the applications to contain 

6 any false statement or representation, 

7 shall be fined under this title, imprisoned not more than 

8 20 years, or both. 

9 ‘‘(b) PASSPORT MATERIALS.—Any person who know10 ingly and without lawful authority produces, buys, sells, 

11 possesses, or uses any official material (or counterfeit of 

12 any official material) used to make a passport, including 

13 any distinctive paper, seal, hologram, image, text, symbol, 

14 stamp, engraving, or plate, shall be fined under this title, 

15 imprisoned not more than 20 years, or both.’’. 

16 (b) FALSE STATEMENT IN AN APPLICATION FOR A

17 PASSPORT.—Section 1542 of title 18, United States Code, 

18 is amended to read as follows: 

19 ‘‘§ 1542. False statement in an application for a pass20 port 

21 ‘‘(a) IN GENERAL.—Any person who knowingly— 

22 ‘‘(1) makes any false statement or representa23 tion in an application for a United States passport; 

24 or 


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1 ‘‘(2) mails, prepares, presents, or signs an ap2 plication for a United States passport knowing the 

3 application to contain any false statement or rep4 resentation, 

5 shall be fined under this title, imprisoned not more than 

6 15 years, or both. 

7 ‘‘(b) VENUE.— 

8 ‘‘(1) IN GENERAL.—An offense under sub9 section (a) may be prosecuted in any district— 

10 ‘‘(A) in which the false statement or rep11 resentation was made or the application for a 

12 United States passport was prepared or signed; 

13 or 

14 ‘‘(B) in which or to which the application 

15 was mailed or presented. 

16 ‘‘(2) ACTS OCCURRING OUTSIDE THE UNITED

17 STATES.—An offense under subsection (a) involving 

18 an application for a United States passport prepared 

19 and adjudicated outside the United States may be 

20 prosecuted in the district in which the resultant 

21 passport was or would have been produced. 

22 ‘‘(c) SAVINGS CLAUSE.—Nothing in this section may 

23 be construed to limit the venue otherwise available under 

24 sections 3237 and 3238.’’. 


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1 (c) FORGERY AND UNLAWFUL PRODUCTION OF A

2 PASSPORT.—Section 1543 of title 18, United States Code, 

3 is amended to read as follows: 

4 ‘‘§ 1543. Forgery and unlawful production of a pass5 port 

6 ‘‘(a) FORGERY.—Any person who knowingly— 

7 ‘‘(1) forges, counterfeits, alters, or falsely 

8 makes any passport; or 

9 ‘‘(2) transfers any passport knowing it to be 

10 forged, counterfeited, altered, falsely made, stolen, 

11 or to have been produced or issued without lawful 

12 authority, 

13 shall be fined under this title, imprisoned not more than 

14 15 years, or both. 

15 ‘‘(b) UNLAWFUL PRODUCTION.—Any person who 

16 knowingly and without lawful authority— 

17 ‘‘(1) produces, issues, authorizes, or verifies a 

18 passport in violation of the laws, regulations, or 

19 rules governing the issuance of the passport; 

20 ‘‘(2) produces, issues, authorizes, or verifies a 

21 United States passport for or to any person knowing 

22 or in reckless disregard of the fact that such person 

23 is not entitled to receive a passport; or 


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1 ‘‘(3) transfers or furnishes a passport to any 

2 person for use by any person other than the person 

3 for whom the passport was issued or designed, 

4 shall be fined under this title, imprisoned not more than 

5 15 years, or both.’’. 

6 (d) MISUSE OF A PASSPORT.—Section 1544 of title 

7 18, United States Code, is amended to read as follows: 

8 ‘‘§ 1544. Misuse of a passport 

9 ‘‘Any person who knowingly— 

10 ‘‘(1) uses any passport issued or designed for 

11 the use of another person; 

12 ‘‘(2) uses any passport in violation of the condi13 tions or restrictions contained in the passport, or in 

14 violation of the laws, regulations, or rules governing 

15 the issuance and use of the passport; 

16 ‘‘(3) secures, possesses, uses, receives, buys, 

17 sells, or distributes any passport knowing it to be 

18 forged, counterfeited, altered, falsely made, procured 

19 by fraud, or produced or issued without lawful au20 thority; or 

21 ‘‘(4) violates the terms and conditions of any 

22 safe conduct duly obtained and issued under the au23 thority of the United States, 

24 shall be fined under this title, imprisoned not more than 

25 15 years, or both.’’. 


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1 (e) SCHEMES TO DEFRAUD ALIENS.—Section 1545 

2 of title 18, United States Code, is amended to read as 

3 follows: 

4 ‘‘§ 1545. Schemes To defraud aliens 

5 ‘‘(a) IN GENERAL.—Any person who knowingly exe6 cutes a scheme or artifice, in connection with any matter 

7 that is authorized by or arises under any Federal immigra8 tion law or any matter the offender claims or represents 

9 is authorized by or arises under any Federal immigration 

10 law, to— 

11 ‘‘(1) defraud any person; or 

12 ‘‘(2) obtain or receive money or anything else of 

13 value from any person by means of false or fraudu14 lent pretenses, representations, or promises, 

15 shall be fined under this title, imprisoned not more than 

16 15 years, or both. 

17 ‘‘(b) MISREPRESENTATION.—Any person who know18 ingly and falsely represents that such person is an attor19 ney or an accredited representative (as that term is de20 fined in section 1292.1 of title 8, Code of Federal Regula21 tions (or any successor regulation)) in any matter arising 

22 under any Federal immigration law shall be fined under 

23 this title, imprisoned not more than 15 years, or both.’’. 

24 (f) IMMIGRATION AND VISA FRAUD.—Section 1546 

25 of title 18, United States Code, is amended— 


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1 (1) by amending the section heading to read as 

2 follows: 

3 ‘‘§ 1546. Immigration and visa fraud’’; 

4 (2) by striking subsections (b) and (c) and in5 serting the following: 

6 ‘‘(b) TRAFFICKING.—Any person who, during any pe7 riod of 3 years or less, knowingly— 

8 ‘‘(1) and without lawful authority produces, 

9 issues, or transfers 10 or more immigration docu10 ments; 

11 ‘‘(2) forges, counterfeits, alters, or falsely 

12 makes 10 or more immigration documents; 

13 ‘‘(3) secures, possesses, uses, buys, sells, or dis14 tributes 10 or more immigration documents, know15 ing the immigration documents to be forged, coun16 terfeited, altered, stolen, falsely made, procured by 

17 fraud, or produced or issued without lawful author18 ity; or 

19 ‘‘(4) completes, mails, prepares, presents, signs, 

20 or submits 10 or more immigration documents 

21 knowing the documents to contain any materially 

22 false statement or representation, 

23 shall be fined under this title, imprisoned not more than 

24 20 years, or both. 


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1 ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any 

2 person who knowingly and without lawful authority pro3 duces, buys, sells, possesses, or uses any official material 

4 (or counterfeit of any official material) used to make im5 migration documents, including any distinctive paper, seal, 

6 hologram, image, text, symbol, stamp, engraving, or plate, 

7 shall be fined under this title, imprisoned not more than 

8 20 years, or both. 

9 ‘‘(d) EMPLOYMENT DOCUMENTS.—Any person who 

10 uses— 

11 ‘‘(1) an identification document, knowing or 

12 having reason to know that the document is false or 

13 was not issued lawfully for the use of the possessor; 

14 or 

15 ‘‘(2) a false attestation, for the purpose of sat16 isfying a requirement under section 274A(b) of the 

17 Immigration and Nationality Act (8 U.S.C. 

18 1324a(b)), shall be fined under this title, imprisoned 

19 not more than 1 year, or both.’’. 

20 (g) ALTERNATIVE IMPRISONMENT MAXIMUM FOR

21 CERTAIN OFFENSES.—Section 1547 of title 18, United 

22 States Code, is amended— 

23 (1) in the matter preceding paragraph (1), by 

24 striking ‘‘(other than an offense under section 

25 1545)’’; 


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1 (2) in paragraph (1), by striking ‘‘15’’ and in2 serting ‘‘20’’; and 

3 (3) in paragraph (2), by striking ‘‘20’’ and in4 serting ‘‘25’’. 

5 (h) ATTEMPTS, CONSPIRACIES, JURISDICTION, AND

6 DEFINITIONS.—Chapter 75 of title 18, United States 

7 Code, is amended by adding after section 1547 the fol8 lowing: 

9 ‘‘§ 1548. Attempts and conspiracies 

10 ‘‘Any person who attempts or conspires to violate any 

11 section of this chapter shall be punished in the same man12 ner as a person who completed a violation of such section. 

13 ‘‘§ 1549. Additional jurisdiction 

14 ‘‘(a) IN GENERAL.—Any person who commits an of15 fense under this chapter within the special maritime and 

16 territorial jurisdiction of the United States shall be pun17 ished as provided under this chapter. 

18 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any per19 son who commits an offense under this chapter outside 

20 the United States shall be punished as provided under this 

21 chapter if— 

22 ‘‘(1) the offense involves a United States pass23 port or immigration document (or any document 

24 purporting to be such a document) or any matter, 


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1 right, or benefit arising under or authorized by any 

2 Federal immigration law; 

3 ‘‘(2) the offense is in or affects foreign com4 merce; 

5 ‘‘(3) the offense affects, jeopardizes, or poses a 

6 significant risk to the lawful administration of Fed7 eral immigration laws, or the national security of the 

8 United States; 

9 ‘‘(4) the offense is committed to facilitate an 

10 act of international terrorism (as defined in section 

11 2331) or a drug trafficking crime (as defined in sec12 tion 929(a)(2)) that affects or would affect the na13 tional security of the United States; 

14 ‘‘(5) the offender is a national of the United 

15 States or an alien lawfully admitted for permanent 

16 residence (as those terms are defined in section 

17 101(a) of the Immigration and Nationality Act (8 

18 U.S.C. 1101(a))); or 

19 ‘‘(6) the offender is a stateless person whose 

20 habitual residence is in the United States. 

21 ‘‘§ 1550. Authorized law enforcement activities 

22 ‘‘Nothing in this chapter may be construed to pro23 hibit— 

24 ‘‘(1) any lawfully authorized investigative, pro25 tective, or intelligence activity of a law enforcement 


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1 agency of the United States, a State, or a political 

2 subdivision of a State, or an intelligence agency of 

3 the United States; or 

4 ‘‘(2) any activity authorized under title V of the 

5 Organized Crime Control Act of 1970 (Public Law 

6 91–452; 84 Stat. 933).’’. 

7 (i) CLERICAL AMENDMENT.—The table of sections 

8 for chapter 75 of title 18, United States Code, is amended 

9 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.’’. 

10 (j) UNIFORM STATUTE OF LIMITATIONS FOR CER11 TAIN IMMIGRATION, NATURALIZATION, AND PEONAGE

12 OFFENSES.— 

13 (1) IN GENERAL.—Section 3291 of title 18, 

14 United States Code, is amended to read as follows: 

15 ‘‘§ 3291. Immigration, naturalization, and peonage of16 fenses 

17 ‘‘A person may not be prosecuted, tried, or punished 

18 for any violation under chapter 69 (relating to nationality 

19 and citizenship offenses), 75 (relating to passport, visa, 

20 and immigration offenses), or 77 (relating to peonage, 


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1 slavery, and trafficking in persons), for an attempt or con2 spiracy to commit such a violation, for a violation of any 

3 criminal provision under section 243, 266, 274, 275, 276, 

4 277, or 278 of the Immigration and Nationality Act (8 

5 U.S.C. 1253, 1306, 1324, 1325, 1326, 1327, and 1328), 

6 or for an attempt or conspiracy to commit any such viola7 tion, unless the indictment is returned or the information 

8 filed not later than 10 years after the commission of the 

9 offense.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions for chapter 213 of title 18, United States 

12 Code, is amended by striking the item relating to 

13 section 3291 and inserting the following: 

‘‘3291. Immigration, naturalization, and peonage offenses.’’. 

14 SEC. 246. DIRECTIVES RELATED TO PASSPORT AND DOCU15 MENT FRAUD. 

16 (a) DIRECTIVE TO THE UNITED STATES SEN17 TENCING COMMISSION.— 

18 (1) IN GENERAL.—Pursuant to the authority 

19 under section 994 of title 28, United States Code, 

20 the United States Sentencing Commission shall pro21 mulgate or amend the sentencing guidelines, policy 

22 statements, and official commentaries related to 

23 passport fraud offenses, including the offenses de24 scribed in chapter 75 of title 18, United States 


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1 Code, as amended by section 245, to reflect the seri2 ous nature of such offenses. 

3 (2) REPORT.—Not later than 1 year after the 

4 date of the enactment of this Act, the United States 

5 Sentencing Commission shall submit a report on the 

6 implementation of this subsection to— 

7 (A) the Committee on the Judiciary of the 

8 Senate; and 

9 (B) the Committee on the Judiciary of the 

10 House of Representatives. 

11 (b) PROTECTION FOR LEGITIMATE REFUGEES AND

12 ASYLUM SEEKERS.— 

13 (1) IN GENERAL.— 

14 (A) REQUIREMENT FOR GUIDELINES.— 

15 The Attorney General, in consultation with the 

16 Secretary, shall develop binding prosecution 

17 guidelines for Federal prosecutors to ensure 

18 that each prosecution of an alien seeking entry 

19 into the United States by fraud is consistent 

20 with the United States treaty obligations under 

21 Article 31(1) of the Convention Relating to the 

22 Status of Refugees, done at Geneva July 28, 

23 1951 (as made applicable by the Protocol Relat24 ing to the Status of Refugees, done at New 

25 York January 31, 1967 (19 UST 6223)). 


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1 (B) NO PRIVATE RIGHT OF ACTION.—The 

2 guidelines developed pursuant to subparagraph 

3 (A), and any internal office procedures related 

4 to such guidelines— 

5 (i) are intended solely for the guid6 ance of attorneys of the United States; and 

7 (ii) are not intended to, do not, and 

8 may not be relied upon to, create any right 

9 or benefit, substantive or procedural, en10 forceable at law by any party in any ad11 ministrative, civil, or criminal matter. 

12 (2) PROTECTION OF VULNERABLE PERSONS.— 

13 A person described in paragraph (3) may not be 

14 prosecuted under chapter 75 of title 18, United 

15 States Code, or under section 275 or 276 of the Im16 migration and Nationality Act (8 U.S.C. 1325 and 

17 1326), in connection with the person’s entry or at18 tempted entry into the United States until after the 

19 date on which the person’s application for such pro20 tection, classification, or status has been adjudicated 

21 and denied in accordance with the Immigration and 

22 Nationality Act (8 U.S.C. 1101 et seq.). 

23 (3) PERSONS SEEKING PROTECTION, CLASSI24 FICATION, OR STATUS.—A person described in this 

25 paragraph is a person who— 


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1 (A) is seeking protection, classification, or 

2 status; and 

3 (B)(i) has filed an application for asylum 

4 under section 208 of the Immigration and Na5 tionality Act (8 U.S.C. 1158), withholding of 

6 removal under section 241(b)(3) of such Act (8 

7 U.S.C. 1231), or relief under the Convention 

8 against Torture and Other Cruel, Inhuman or 

9 Degrading Treatment or Punishment, done at 

10 New York, December 10, 1994, pursuant to 

11 title 8, Code of Federal Regulations; 

12 (ii) indicates immediately after apprehen13 sion, that he or she intends to apply for such 

14 asylum, withholding of removal, or relief and 

15 promptly files the appropriate application; 

16 (iii) has been referred for a credible fear 

17 interview, a reasonable fear interview, or an 

18 asylum-only hearing under section 235 of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1225) or title 8, Code of Federal Regulations; 

21 or 

22 (iv) has filed an application for classifica23 tion or status under— 

24 (I) paragraph (15)(T), (15) (U), 

25 (27)(J), or (51) of section 101(a) of the 


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1 Immigration and Nationality Act (8 U.S.C. 

2 1101(a)); or 

3 (II) section 216(c)(4)(C), 240A(b)(2), 

4 or 244(a)(3) of such Act (8 U.S.C. 

5 1186a(c)(4)(C), 1229b(b)(2), and 

6 1254a(a)(3)). 

7 SEC. 247. EXPANDING THE DEFINITION OF CONVEYANCES 

8 SUBJECT TO FORFEITURE. 

9 (a) IN GENERAL.—Section 1703 of title 19, United 

10 States Code, is amended— 

11 (1) by amending the section heading to read as 

12 follows: 

13 ‘‘§ 1703. Seizure and forfeiture of vessels, vehicles, 

14 other conveyances, and instruments of 

15 international traffic’’; 

16 (2) in subsection (a), by amending the sub17 section heading to read as follows: 

18 ‘‘(a) VESSELS, VEHICLES, OTHER CONVEYANCES, 

19 AND INSTRUMENTS OF INTERNATIONAL TRAFFIC SUB20 JECT TO SEIZURE AND FORFEITURE.—’’; 

21 (3) in subsection (b), by amending the sub22 section heading to read as follows: 

23 ‘‘(b) VESSELS, VEHICLES, OTHER CONVEYANCES, 

24 AND INSTRUMENTS OF INTERNATIONAL TRAFFIC DE25 FINED.—’’; 


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1 (4) in subsections (a) and (b), by inserting ‘‘, 

2 vehicle, other conveyance, or instrument of inter3 national traffic’’ after ‘‘vessel’’ each place such term 

4 appears; and 

5 (5) by amending subsection (c) to read as fol6 lows: 

7 ‘‘(c) ACTS CONSTITUTING PRIMA FACIE EVIDENCE

8 OF SMUGGLING.—For purposes of this section, prima 

9 facie evidence that a conveyance is being, has been, or is 

10 attempting to be employed in smuggling or to defraud the 

11 revenue of the United States shall be— 

12 ‘‘(1) in the case of a vessel, the vessel— 

13 ‘‘(A) has become subject to pursuit, as de14 scribed in section 1581; 

15 ‘‘(B) is a hovering vessel; or 

16 ‘‘(C) fails, at any place within the customs 

17 waters of the United States or within a cus18 toms-enforcement area, to display lights as re19 quired by law; 

20 ‘‘(2) in the case of a vehicle, other conveyance, 

21 or instrument of international traffic, the vehicle, 

22 other conveyance, or instrument of international 

23 traffic has any compartment or equipment that is 

24 built or fitted out for smuggling.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 5 of title 19, United States Code, is amended 

3 by striking the item relating to section 1703 and inserting 

4 the following: 

‘‘1703. Seizure and forfeiture of vessels, vehicles, other conveyances, or instruments of international traffic.’’. 

5 SEC. 248. CRIMINAL FORFEITURE. 

6 Section 982(a) of title 18, United States Code, is 

7 amended— 

8 (1) in paragraph (2)(B), by inserting ‘‘1028A’’ 

9 between ‘‘1028’’ and ‘‘1029;’’ 

10 (2) in paragraph (6)(A)— 

11 (A) by striking ‘‘ or 274A(a)(2)’’ and in12 serting ‘‘274A(a)(2) or 274A(i)’’; and 

13 (B) by inserting ‘‘and 1028A’’ after 

14 ‘‘1028’’ and 

15 (3) in paragraph (8), by inserting ‘‘and 1028A’’ 

16 after ‘‘1028’’. 

17 SEC. 249. ADVANCE DELIVERY OF INFORMATION INCLUD18 ING PASSENGER MANIFESTS. 

19 (a) IN GENERAL.—Section 231 (8 U.S.C. 1221) is 

20 amended— 

21 (1) by striking ‘‘commercial vessel or aircraft’’ 

22 each place it appears and inserting ‘‘commercial ves23 sel, commercial vehicle, or aircraft’’; 


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1 (2) in subsection (a), by striking ‘‘such vessel 

2 or aircraft’’ and inserting ‘‘such vessel, vehicle, or 

3 aircraft’’; 

4 (3) in subsection (g), by striking ‘‘$1,000’’ and 

5 inserting ‘‘$5,000’’; 

6 (4) in subsection (j), by striking ‘‘The Attorney 

7 General’’ and inserting the following: 

8 ‘‘(j) INFORMATION TO BE RECORDED.—The Sec9 retary of Homeland Security’’; and 

10 (5) by inserting at the end the following: 

11 ‘‘(k) SHARING OF MANIFEST AND PASSENGER NAME

12 RECORD INFORMATION WITH OTHER GOVERNMENT

13 AGENCIES.—The Secretary of Homeland Security may 

14 provide information contained in passenger and crew 

15 manifests and passenger name record information received 

16 under this section to other Federal, State, tribal, local, 

17 and foreign government authorities in order to protect the 

18 national security of the United States or as otherwise au19 thorized by law. 

20 ‘‘(l) SAVINGS PROVISION.—Nothing in this section 

21 may be construed to abrogate, diminish, or weaken the 

22 provisions of any Federal law that prevents or protects 

23 against unauthorized collection or release of personal 

24 records.’’. 


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1 (b) ASSESSMENTS.—Not later than 1 year after the 

2 date of the enactment of this Act, the Secretary shall as3 sess the privacy and civil liberties impacts of the amend4 ments made by subsection (a). 

5 SEC. 250. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUS6 TOMS CONTROLS AND DISOBEYANCE OF LAW7 FUL ORDERS. 

8 Section 758 of title 18, United States Code, is 

9 amended to read as follows: 

10 ‘‘§ 758. Unlawful flight from Federal checkpoints and 

11 disobeyance of lawful orders 

12 ‘‘(a) EVADING A CHECKPOINT.—Any person who, 

13 while operating a motor vehicle or vessel— 

14 ‘‘(1) knowingly flees or evades a checkpoint op15 erated by the Department of Homeland Security or 

16 any other Federal law enforcement agency; and 

17 ‘‘(2) knowingly or recklessly disregards or dis18 obeys the lawful command of a Federal law enforce19 ment officer engaged in the enforcement of Federal 

20 law, or the lawful command of any law enforcement 

21 officer assisting such Federal officer, 

22 shall be fined under this title, imprisoned not more than 

23 5 years, or both. 

24 ‘‘(b) FAILURE TO STOP.—Any person who, while op25 erating a motor vehicle, aircraft, or vessel, knowingly or 


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1 recklessly disregards or disobeys the lawful command of 

2 a Federal law enforcement officer engaged in the enforce3 ment of Federal law, or the lawful command of any law 

4 enforcement officer assisting such Federal officer, shall be 

5 fined under this title, imprisoned not more than 2 years, 

6 or both.’’. 

7 SEC. 251. REDUCING ILLEGAL IMMIGRATION AND ALIEN 

8 SMUGGLING ON TRIBAL LANDS. 

9 (a) GRANTS AUTHORIZED.—The Secretary may 

10 award grants to any Indian tribe that— 

11 (1) owns land that is adjacent to an inter12 national border of the United States; and 

13 (2) has been adversely affected by illegal immi14 gration. 

15 (b) USE OF FUNDS.—Grants awarded under sub16 section (a) may be used for— 

17 (1) law enforcement activities; 

18 (2) health care services; 

19 (3) environmental restoration; and 

20 (4) the preservation of cultural resources. 

21 (c) REPORT.—Not later than 180 days after the date 

22 of the enactment of this Act, the Secretary shall submit 

23 a report to the Committee on the Judiciary of the Senate 

24 and the Committee on the Judiciary of the House of Rep25 resentatives that— 


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1 (1) describes the level of access that Border Pa2 trol agents have on tribal lands; 

3 (2) describes the extent to which the enforce4 ment of Federal immigration laws and rescue oper5 ations by Border Patrol officers may be improved by 

6 enhanced access to tribal lands; 

7 (3) contains a strategy for improving access to 

8 tribal lands through increased cooperation with trib9 al authorities; and 

10 (4) identifies grants provided by the Depart11 ment to Indian tribes, either directly or through 

12 grants provided to State or local governments, for 

13 border security expenses. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary for each of the fiscal years 2012 through 2016 

17 to carry out this section. 

18 SEC. 252. DIPLOMATIC SECURITY SERVICE. 

19 (a) Section 37(a)(1) of the State Department Basic 

20 Authorities Act of 1956 (22 U.S.C. 2709(a)(1)) is amend21 ed to read as follows: 

22 ‘‘(1) conduct investigations concerning— 

23 ‘‘(A) illegal passport or visa issuance or 

24 use; 


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1 ‘‘(B) identity theft or document fraud af2 fecting or relating to the programs, functions, 

3 or authorities of the Department of State; 

4 ‘‘(C) violations of chapter 77 of title 18, 

5 United States Code; and 

6 ‘‘(D) Federal offenses committed within 

7 the special maritime and territorial jurisdiction 

8 defined in section 7(9) of title 18, United 

9 States Code, except as that jurisdiction relates 

10 to the premises of United States military mis11 sions and related residences;’’. 

12 (b) RULE OF CONSTRUCTION.—Nothing in this sec13 tion may be construed to limit the investigative authority 

14 of any Federal department or agency. 

15 SEC. 253. INCREASED PENALTIES BARRING THE ADMIS16 SION OF CONVICTED SEX OFFENDERS FAIL17 ING TO REGISTER AND REQUIRING DEPORTA18 TION OF SEX OFFENDERS FAILING TO REG19 ISTER. 

20 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (8 

21 U.S.C. 1182(a)(2)(A)(i)) is amended— 

22 (1) in subclause (I), by striking ‘‘or’’ at the 

23 end; 

24 (2) in subclause (II), by striking the comma at 

25 the end and inserting a semicolon; and 


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1 (3) by inserting after subclause (II) the fol2 lowing: 

3 ‘‘(III) a conviction under section 

4 2250 of title 18, United States Code 

5 (relating to failure to register as a sex 

6 offender),’’. 

7 (b) DEPORTABILITY.—Section 237(a)(2)(A)(i) (8 

8 U.S.C. 1227(a)(2)(A)(i)) is amended— 

9 (1) in subclause (I), by striking ‘‘, and’’ and in10 serting a semicolon; 

11 (2) in subclause (II), by striking the comma at 

12 the end and inserting ‘‘; or’’; and 

13 (3) by inserting after subclause (II) the fol14 lowing: 

15 ‘‘(III) a conviction under section 

16 2250 of title 18, United States Code 

17 (relating to failure to register as a sex 

18 offender),’’. 

19 SEC. 254. AGGRAVATED FELONY. 

20 (a) DEFINITION OF AGGRAVATED FELONY.—Section 

21 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended— 

22 (1) in the matter preceding subparagraph (A), 

23 by striking ‘‘The term ‘aggravated felony’ means— 

24 ’’ and inserting ‘‘Notwithstanding any other provi25 sion of law, the term ‘aggravated felony’ applies to 


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1 any offense which is a felony described in this para2 graph, whether in violation of Federal or State law, 

3 for which the individual served at least 1 year of im4 prisonment and to such a felony offense in violation 

5 of the law of a foreign country, for which the term 

6 of imprisonment was completed during the previous 

7 15 years, regardless of whether the conviction was 

8 entered before, on, or after September 30, 1996, and 

9 means—’’; 

10 (2) in subparagraph (N), by striking ‘‘para11 graph (1)(A) or (2) of’’ and inserting ‘‘paragraph 

12 (1)(A), (2), or (4) of’’; and 

13 (3) by striking the undesignated matter fol14 lowing subparagraph (U). 

15 (b) EFFECTIVE DATE AND APPLICATION.— 

16 (1) IN GENERAL.—The amendments made by 

17 subsection (a) shall— 

18 (A) take effect on the date of the enact19 ment of this Act; and 

20 (B) apply to any act that occurred on or 

21 after such date. 

22 (2) APPLICATION OF AMENDMENTS.—The 

23 amendments to section 101(a)(43) of the Immigra24 tion and Nationality Act made by section 321 of the 

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1 sibility Act of 1996 (division C of Public Law 104– 

2 208; 110 Stat. 3009–627) shall continue to apply to 

3 actions taken on or after September 30, 1996, re4 gardless of when the conviction for such actions oc5 curred. 

6 SEC. 255. INCREASED CRIMINAL PENALTIES RELATED TO 

7 GANG VIOLENCE. 

8 (a) CRIMINAL STREET GANGS.— 

9 (1) INADMISSIBILITY.—Section 212(a)(2) (8 

10 U.S.C. 1182(a)(2)) is amended by adding at the end 

11 the following: 

12 ‘‘(J) MEMBERS OF CRIMINAL STREET

13 GANGS.—Unless the Secretary of Homeland Se14 curity or the Attorney General waives the appli15 cation of this subparagraph, any alien who has 

16 been convicted of a crime under section 521 of 

17 title 18, United States Code, is inadmissible.’’. 

18 (2) DEPORTABILITY.—Section 237(a)(2) (8 

19 U.S.C. 1227(a)(2)) is amended by adding at the end 

20 the following: 

21 ‘‘(F) MEMBERS OF CRIMINAL STREET

22 GANGS.—Unless the Secretary of Homeland Se23 curity or the Attorney General waives the appli24 cation of this subparagraph, any alien who has 


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1 been convicted of a crime under section 521 of 

2 title 18, United States Code, is deportable.’’. 

3 (3) TEMPORARY PROTECTED STATUS.—Section 

4 244 (8 U.S.C. 1254a) is amended— 

5 (A) by striking ‘‘Attorney General’’ each 

6 place it appears and inserting ‘‘Secretary of 

7 Homeland Security’’; 

8 (B) in subsection (c)(2)(B)— 

9 (i) in clause (i), by striking ‘‘, or’’ at 

10 the end and inserting a semicolon; 

11 (ii) in clause (ii), by striking the pe12 riod at the end and inserting ‘‘; or’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(iii) the alien has been convicted of 

16 a crime under section 521 of title 18, 

17 United States Code.’’. 

18 (C) in subsection (d)— 

19 (i) by striking paragraph (3); 

20 (ii) by redesignating paragraph (4) as 

21 paragraph (3); and 

22 (iii) in paragraph (3), as redesignated, 

23 by adding at the end the following: ‘‘The 

24 Secretary of Homeland Security shall de25 tain an alien provided temporary protected 


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1 status under this section if the alien has 

2 been found by an immigration judge to be 

3 subject to detention under section 

4 236(c)(1).’’. 

5 (b) PENALTIES RELATED TO REMOVAL.—Section 

6 243 (8 U.S.C. 1253) is amended— 

7 (1) in subsection (a)(1), in the matter following 

8 subparagraph (D)— 

9 (A) by striking ‘‘or imprisoned not more 

10 than four years’’ and inserting ‘‘and imprisoned 

11 for not more than 5 years’’; and 

12 (B) by striking ‘‘, or both’’; and 

13 (2) in subsection (b), by striking ‘‘not more 

14 than $1,000 or imprisoned for not more than 1 year, 

15 or both’’ and inserting ‘‘under title 18, United 

16 States Code, and imprisoned for not more than 3 

17 years (or for not more than 10 years if the alien is 

18 removable under paragraph (1)(E), (2), or (4) of 

19 section 237(a)).’’. 

20 PART II—DETENTION REFORM 

21 SEC. 261. DEFINITIONS. 

22 In this part: 

23 (1) APPREHENSION.—The term ‘‘apprehension’’ 

24 means the detention, arrest, or custody, or any sig25 nificant deprivation of an individual’s freedom of acVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 tion by government officials or entities acting under 

2 agreement with the Department for suspicion of vio3 lations under the Immigration and Nationality Act 

4 (8 U.S.C. 1101 et seq.). 

5 (2) CHILD.—The term ‘‘child’’ has the meaning 

6 given to the term in section 101(b)(1) of the Immi7 gration and Nationality Act (8 U.S.C. 1101(b)(1)). 

8 (3) CHILD WELFARE AGENCY.—The term 

9 ‘‘child welfare agency’’ means the State or local 

10 agency responsible for child welfare services under 

11 subtitles B and E of title IV of the Social Security 

12 Act (42 U.S.C. 601 et seq.). 

13 (4) COOPERATING ENTITY.—The term ‘‘cooper14 ating entity’’ means a State or local entity acting 

15 under agreement with, or at the request of, the De16 partment. 

17 (5) DETAINEE.—The term ‘‘detainee’’ means 

18 an individual who is subject to detention under the 

19 Immigration and Nationality Act. 

20 (6) DETENTION.—The term ‘‘detention’’ means 

21 government custody or any other deprivation of an 

22 individual’s freedom of movement by government 

23 agents. 

24 (7) DETENTION FACILITY.—The term ‘‘deten25 tion facility’’ means a Federal, State, or local govVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 ernment facility, or a privately owned and operated 

2 facility, that is used to hold individuals suspected or 

3 found to be in violation of the Immigration and Na4 tionality Act (8 U.S.C. 1101 et seq.) for more than 

5 72 hours. 

6 (8) FAMILIES WITH CHILDREN.—The term 

7 ‘‘family with children’’ means any parent or legal 

8 guardian who is apprehended with 1 or more of their 

9 children. 

10 (9) GROUP LEGAL ORIENTATION PRESEN11 TATIONS.—The term ‘‘group legal orientation pres12 entations’’ means live group presentations, supple13 mented by individual orientations, pro se workshops, 

14 and pro bono referrals, that— 

15 (A) are carried out by private nongovern16 mental organizations; 

17 (B) are presented to detainees; 

18 (C) inform detainees about Federal immi19 gration law and procedures; and 

20 (D) enable detainees to determine their eli21 gibility for relief. 

22 (10) IMMIGRATION ENFORCEMENT ACTION.— 

23 The term ‘‘immigration enforcement action’’ means 

24 the apprehension of, detention of, or request for or 

25 issuance of a detainer for, 1 or more individuals for 


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1 suspected or confirmed violations of the Immigration 

2 and Nationality Act (8 U.S.C. 1101 et seq.) by the 

3 Department or cooperating entities. 

4 (11) LOCAL EDUCATION AGENCY.—The term 

5 ‘‘local education agency’’ has the meaning given to 

6 the term in section 9101 of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 7801). 

8 (12) NGO.—The term ‘‘NGO’’ means a non9 governmental organization that provides social serv10 ices or humanitarian assistance to the immigrant 

11 community. 

12 (13) SECURE ALTERNATIVES.—The term ‘‘se13 cure alternatives’’ means custodial or noncustodial 

14 programs under which aliens are screened and pro15 vided with appearance assistance services or placed 

16 in supervision programs as needed to ensure they 

17 appear at all immigration interviews, appointments 

18 and hearings. 

19 (14) SHORT-TERM DETENTION FACILITY.—The 

20 term ‘‘detention facility’’ means a Federal, State, or 

21 local government facility, or a privately owned and 

22 operated facility, that is used to hold individuals sus23 pected or found to be in violation of the Immigration 

24 and Nationality Act (8 U.S.C. 1101 et seq.) for 72 

25 hours or less. 


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1 (15) UNACCOMPANIED ALIEN CHILDREN.—The 

2 term ‘‘unaccompanied alien children’’ has the mean3 ing given the term in section 462(g) of the Home4 land Security Act of 2002 (6 U.S.C. 279(g)). 

5 SEC. 262. PROTECTIONS FOR VULNERABLE POPULATIONS. 

6 (a) PROTECTION OF VULNERABLE POPULATIONS.— 

7 (1) IN GENERAL.—Not later than 72 hours 

8 after the commencement of an immigration-related 

9 enforcement activity, the Department shall screen 

10 each detainee to determine if the individual is a 

11 member of a vulnerable population. 

12 (2) ELIGIBILITY FOR RELEASE.—An individual 

13 is a member of a vulnerable population and eligible 

14 for release under subsection (b) if the Department 

15 determines that he or she— 

16 (A) has a nonfrivolous claim to United 

17 States citizenship; 

18 (B) has been deemed by a medically 

19 trained professional to have medical or mental 

20 health needs, or a disability; 

21 (C) is pregnant or nursing; 

22 (D) is being detained with 1 or more of his 

23 or her children, or is 1 of such children; 


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1 (E) provides financial, physical, and other 

2 direct support to his or her minor children, par3 ents, or other dependents; 

4 (F) is older than 65 years of age; 

5 (G) is a child (as defined in section 101(b) 

6 of the Immigration and Nationality Act (8 

7 U.S.C. 1101(b)); 

8 (H) is a victim of abuse, violence, crime, or 

9 human trafficking; 

10 (I) is a lesbian, gay, bisexual, or 

11 transgender individual; 

12 (J) has been referred for a credible fear 

13 interview, a reasonable fear interview, or an 

14 asylum hearing, or is a stateless individual; 

15 (K) has applied or intends to apply for 

16 asylum, withholding of removal, or protection 

17 under the Convention Against Torture and 

18 Other Cruel, Inhuman or Degrading Treatment 

19 or Punishment, done at New York December 

20 10, 1984; 

21 (L) is prima facie eligible for relief under 

22 any provision of the Immigration and Nation23 ality Act (8 U.S.C. 1101 et seq.) including re24 turning lawful permanent residents; or 


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1 (M) is a member of any other group that 

2 has been designated as a vulnerable population 

3 in regulations or guidance promulgated by the 

4 Secretary. 

5 (b) OPTIONS REGARDING DETENTION DECISIONS

6 FOR VULNERABLE POPULATIONS.—Section 236 (8 U.S.C. 

7 1226), as amended by this Act, is further amended— 

8 (1) in subsection (a)— 

9 (A) in the matter preceding paragraph (1) 

10 by striking ‘‘(c)’’ and inserting ‘‘(g)’’; and 

11 (B) in paragraph (2)— 

12 (i) in subparagraph (A), by striking 

13 ‘‘or’’ at the end; 

14 (ii) in subparagraph (B), by striking 

15 ‘‘but’’ at the end; and 

16 (iii) by inserting after subparagraph 

17 (B) the following: 

18 ‘‘(C) the alien’s own recognizance;’’; and. 

19 (C) by redesignating paragraph (3) as 

20 paragraph (4); and 

21 (D) by inserting after paragraph (2) the 

22 following: 

23 ‘‘(3) may enroll the alien in a secure alter24 natives program; and’’; and 


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1 (2) by redesignating subsections (b), (c), and 

2 (d), as subsections (f), (g), and (h), respectively; 

3 (3) by inserting after subsection (a) the fol4 lowing: 

5 ‘‘(b) CUSTODY DECISIONS.— 

6 ‘‘(1) CRITERIA TO BE CONSIDERED.—For any 

7 alien who is not charged with inadmissibility or re8 movability under a ground specified in subsection (g) 

9 or section 236A, the criteria that the Secretary of 

10 Homeland Security or the Attorney General shall 

11 use to demonstrate that detention is necessary are— 

12 ‘‘(A) whether the alien poses a risk to pub13 lic safety, including a risk to national security; 

14 and 

15 ‘‘(B) whether alien poses a flight risk and 

16 there are no conditions of release that will rea17 sonably ensure that the alien will appear for im18 migration proceedings, including bond or other 

19 conditions that reduce the risk of flight. 

20 ‘‘(2) EXCEPTION.—A decision to detain an 

21 alien shall not be subject to the criteria under para22 graph (1) if the Secretary demonstrates, by a pre23 ponderance of the evidence, that the alien is de24 scribed in subsection (g)(1). 


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1 ‘‘(3) REVIEW.—Decisions by the Secretary or 

2 the Attorney General under this section shall be sub3 ject to review. 

4 ‘‘(c) CUSTODY DECISIONS FOR VULNERABLE POPU5 LATIONS.— 

6 ‘‘(1) IN GENERAL.—Not later than 72 hours 

7 after an individual is detained under this section 

8 (unless the 72-hour requirement is waived in writing 

9 by the individual), an individual who is a member of 

10 a vulnerable population shall be released from the 

11 custody of the Department of Homeland Security 

12 and shall not be subject to electronic monitoring un13 less the Department demonstrates by a preponder14 ance of evidence that the individual— 

15 ‘‘(A) is subject to mandatory detention 

16 under subsection (g) or section 236A; 

17 ‘‘(B) poses a risk to public safety, includ18 ing a risk to national security; or 

19 ‘‘(C) is a flight risk and the risk cannot be 

20 mitigated through other conditions of release, 

21 such as bond or secure alternatives, which will 

22 reasonably ensure the alien will appear for im23 migration proceedings. 

24 ‘‘(2) RELEASE.—An individual shall be released 

25 from custody under this subsection— 


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1 ‘‘(A) on the individual’s own recognizance; 

2 ‘‘(B) by posting a minimum bond under 

3 subsection (a)(2)(a); 

4 ‘‘(C) on parole, in accordance with section 

5 212(d)(5)(A); or 

6 ‘‘(D) into a noncustodial secure alter7 natives program. 

8 ‘‘(d) DECISION TO REMOVE OR RELEASE AN

9 ALIEN.— 

10 ‘‘(1) IN GENERAL.—All decisions to detain an 

11 individual under this Act— 

12 ‘‘(A) shall be made in writing by the Sec13 retary of Homeland Security or the Attorney 

14 General; 

15 ‘‘(B) shall specify the reasons for such de16 cision if the decision is made to continue deten17 tion without bond, parole, release on recog18 nizance, or release into a noncustodial secure 

19 alternatives program; and 

20 ‘‘(C) shall be served upon the individual in 

21 the language spoken by the individual— 

22 ‘‘(i) not later than 72 hours after the 

23 commencement of the alien’s detention; or 

24 ‘‘(ii) in the case of an alien subject to 

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1 lish a credible fear of persecution or tor2 ture, not later than 72 hours after a posi3 tive credible fear of persecution or reason4 able fear of persecution or torture deter5 mination. 

6 ‘‘(2) REDETERMINATION.— 

7 ‘‘(A) IN GENERAL.—Any alien detained by 

8 the Department of Homeland Security under 

9 this Act may, at any time after being served 

10 with the Secretary’s decision under paragraph 

11 (1), request a redetermination of that decision 

12 by an immigration judge. 

13 ‘‘(B) OTHER DECISIONS.—The Attorney 

14 General may review and conduct custody rede15 terminations for any custody decision by the 

16 Secretary. 

17 ‘‘(C) SAVINGS PROVISION.—Nothing in 

18 this subparagraph may be construed to prevent 

19 an individual from requesting a bond redeter20 mination. 

21 ‘‘(e) TIMELY NOTICE UPON APPREHENSION AND

22 SERVICE OF CHARGING DOCUMENTS.— 

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1 ment of Homeland Security under this section, 

2 shall— 

3 ‘‘(A) file the notice to appear or other rel4 evant charging document with the closest immi5 gration court to where the individual was appre6 hended; and 

7 ‘‘(B) serve such notice on the individual 

8 not later than 48 hours after the commence9 ment of the individual’s detention. 

10 ‘‘(2) CUSTODY DETERMINATION.—Any indi11 vidual who is detained under this section for more 

12 than 48 hours shall be brought before an immigra13 tion judge for a custody determination not later than 

14 72 hours after the commencement of such detention 

15 unless the individual waives such right in accordance 

16 with paragraph (3). 

17 ‘‘(3) WAIVER.—The requirements under this 

18 subsection may be waived for 7 days if the indi19 vidual— 

20 ‘‘(A) enters into a written agreement with 

21 the Department of Homeland Security to waive 

22 such requirement; and 

23 ‘‘(B) is eligible for immigration benefits or 

24 demonstrates eligibility for a defense against re25 moval. 


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1 ‘‘(4) APPLICABILITY OF OTHER LAW.—Nothing 

2 in this section may be construed to repeal section 

3 236A.’’; 

4 (4) in subsection (g)(2), as redesignated, by in5 serting ‘‘or for humanitarian reasons,’’ after ‘‘such 

6 an investigation,’’; and 

7 SEC. 263. APPREHENSION PROCEDURES FOR IMMIGRATION 

8 ENFORCEMENT-RELATED ACTIVITIES RELAT9 ING TO CHILDREN. 

10 (a) NOTIFICATION.— 

11 (1) ADVANCE NOTIFICATION.—Subject to para12 graph (2), when conducting any immigration en13 forcement action involving more than 10 individuals, 

14 the Department and cooperating entities shall notify 

15 the Governor of the State, the local child welfare 

16 agency, and relevant State and local law enforce17 ment before commencing the action, or, if advance 

18 notification is not possible, immediately after com19 mencing such action, of— 

20 (A) the approximate number of individuals 

21 to be targeted in the immigration enforcement 

22 action; and 

23 (B) the primary language or languages be24 lieved to be spoken by individuals at the tar25 geted site. 


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1 (2) HOURS OF NOTIFICATION.—To the extent 

2 possible, advance notification under paragraph (1) 

3 should occur during business hours and allow the 

4 notified entities sufficient time to identify resources 

5 to conduct the interviews described in subsection 

6 (b)(1). 

7 (3) OTHER NOTIFICATION.—When conducting 

8 any immigration action involving more than 10 indi9 viduals, the Department and cooperating entities 

10 shall notify the relevant local education agency and 

11 local NGOs of the information described in para12 graph (1) immediately after commencing the action. 

13 (b) APPREHENSION PROCEDURES.—In any immigra14 tion enforcement action involving more than 10 individ15 uals, the Department and cooperating entities shall— 

16 (1) as soon as possible and not later than 6 

17 hours after an immigration enforcement action, pro18 vide licensed social workers or case managers em19 ployed or contracted by the child welfare agency or 

20 local NGOs with confidential access to screen and 

21 interview individuals apprehended in such immigra22 tion enforcement action to assist the Department or 

23 cooperating entity in determining if such individuals 

24 are parents, legal guardians, or primary caregivers 

25 of a child in the United States; 


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1 (2) as soon as possible and not later than 8 

2 hours after an immigration enforcement action, pro3 vide any apprehended individual believed to be a 

4 parent, legal guardian, or primary caregiver of a 

5 child in the United States with— 

6 (A) free, confidential telephone calls, in7 cluding calls to child welfare agencies, attor8 neys, and legal services providers, to arrange 

9 for the care of children or wards, unless the De10 partment has reasonable grounds to believe that 

11 providing confidential phone calls to the indi12 vidual would endanger public safety or national 

13 security; and 

14 (B) contact information for— 

15 (i) child welfare agencies in all 50 

16 States, the District of Columbia, all United 

17 States territories, counties, and local juris18 dictions; and 

19 (ii) attorneys and legal service pro20 viders capable of providing free legal advice 

21 or free legal representation regarding child 

22 welfare, child custody determinations, and 

23 immigration matters; 

24 (3) ensure that personnel of the Department 

25 and cooperating entities do not— 


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1 (A) interview individuals in the immediate 

2 presence of children; or 

3 (B) compel or request children to translate 

4 for interviews of other individuals who are en5 countered as part of an immigration enforce6 ment action; and 

7 (4) ensure that any parent, legal guardian, or 

8 primary caregiver of a child in the United States— 

9 (A) receives due consideration of the best 

10 interests of his or her children or wards in any 

11 decision or action relating to his or her deten12 tion, release, or transfer between detention fa13 cilities; and 

14 (B) is not transferred from his or her ini15 tial detention facility or to the custody of the 

16 Department until the individual— 

17 (i) has made arrangements for the 

18 care of his or her children or wards; or 

19 (ii) if such arrangements are impos20 sible, is informed of the care arrangements 

21 made for the children and of a means to 

22 maintain communication with the children. 

23 (c) NONDISCLOSURE AND RETENTION OF INFORMA24 TION ABOUT APPREHENDED INDIVIDUALS AND THEIR

25 CHILDREN.— 


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1 (1) IN GENERAL.—Information collected by 

2 child welfare agencies and NGOs in the course of 

3 the screenings and interviews described in subsection 

4 (b)(1) about an individual apprehended in an immi5 gration enforcement action may not be disclosed to 

6 Federal, State, or local government entities or to 

7 any person, except pursuant to written authorization 

8 from the individual or his or her legal counsel. 

9 (2) CHILD WELFARE AGENCY OR NGO REC10 OMMENDATION.—Notwithstanding paragraph (1), a 

11 child welfare agency or NGO may— 

12 (A) submit a recommendation to the De13 partment of Homeland Security or cooperating 

14 entities regarding whether an apprehended indi15 vidual is a parent, legal guardian, or primary 

16 caregiver who is eligible for the protections pro17 vided under this Act; and 

18 (B) disclose information that is necessary 

19 to protect the safety of the child, to allow for 

20 the application of subsection (b)(4)(A), or to 

21 prevent reasonably certain death or substantial 

22 bodily harm. 

23 SEC. 264. DETENTION OF FAMILIES. 

24 (a) PLACEMENT IN REMOVAL PROCEEDINGS.—Any 

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1 ment shall be placed in removal proceedings under section 

2 240 of the Immigration and Nationality Act (8 U.S.C. 

3 1229a). 

4 (b) CUSTODY OF FAMILIES WITH CHILDREN.— 

5 (1) SEPARATION.—Families with children shall 

6 not be separated or taken into custody except when 

7 justified by exceptional circumstances, or when re8 quired by law. 

9 (2) EXCEPTIONAL CIRCUMSTANCES.—In excep10 tional circumstances, if release or a secure alter11 natives program is not an option for families with 

12 children, the Secretary shall ensure that— 

13 (A) special nonpenal, residential, home-like 

14 facilities that enable families to live as a family 

15 unit are designed to house families with chil16 dren, taking into account the particular needs 

17 and vulnerabilities of the children; 

18 (B) procedures and conditions of custody 

19 are appropriate for families with children; 

20 (C) entities with demonstrated experience 

21 and expertise in child welfare staff and are re22 sponsible for the management of facilities hous23 ing families with children; 

24 (D) unless such restrictions are necessary 

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1 dents, families with children are not subject to 

2 restrictions— 

3 (i) on freedom of movement; 

4 (ii) involving access to visitations, 

5 telephones, internet, a library, and a law li6 brary; 

7 (iii) regarding possession of personal 

8 property, including personal clothing; 

9 (iv) on the availability of age appro10 priate education; or 

11 (v) religious practices; 

12 (E) individualized reviews by an immigra13 tion judge of each family’s well being, custody 

14 status and the need for continued detention are 

15 conducted every 30 days for any family held in 

16 such a facility for more than 3 weeks; 

17 (F) all families are notified in writing of 

18 the decisions resulting from such reviews and of 

19 the individualized reasons for the decision; and 

20 (G) parents retain fundamental parental 

21 rights and responsibilities, including the dis22 cipline of children, in accordance with applica23 ble State laws. 


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1 (c) DISCRETIONARY WAIVER AUTHORITY FOR FAMI2 LIES WITH CHILDREN.—Section 235(b)(1)(B)(iii) (8 

3 U.S.C. 1225(b)(1)(B)(iii)) is amended— 

4 (1) in subclause (IV), by striking ‘‘Any alien’’ 

5 and inserting ‘‘Except as provided in subclause (V), 

6 any alien’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(V) DISCRETIONARY WAIVER

9 AUTHORITY FOR FAMILIES WITH

10 CHILDREN.—The Secretary of Home11 land Security may decide for humani12 tarian reasons or significant public 

13 benefit not to detain families with 

14 children who are otherwise subject to 

15 mandatory detention under subclause 

16 (IV).’’. 

17 SEC. 265. ACCESS TO CHILDREN, LOCAL AND STATE 

18 COURTS, CHILD WELFARE AGENCIES, AND 

19 CONSULAR OFFICIALS. 

20 (a) IN GENERAL.—The Secretary shall ensure that 

21 all detention facilities operated by or under agreement 

22 with the Department implement procedures to ensure that 

23 the best interest of the child, including the best outcome 

24 for the family of the child, is considered in any decision 

25 or action relating to the custody of children whose parent, 


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1 legal guardian, or primary caregiver is detained as the re2 sult of an immigration enforcement action. 

3 (b) ACCESS TO CHILDREN, STATE AND LOCAL

4 COURTS, CHILD WELFARE AGENCIES, AND CONSULAR

5 OFFICIALS.—At all detention facilities operated by, or 

6 under agreement with, the Department, the Secretary 

7 shall— 

8 (1) ensure that individuals who are detained by 

9 reason of their immigration status may receive the 

10 screenings and interviews described in section 

11 263(b)(1) not later than 6 hours after their arrival 

12 at the detention facility; 

13 (2) ensure that individuals who are detained by 

14 reason of their immigration status and are believed 

15 to be parents, legal guardians, or primary caregivers 

16 of children in the United States are— 

17 (A) permitted daily phone calls and regular 

18 contact visits with their children or wards; 

19 (B) able to participate fully, and to the ex20 tent possible in-person, in all family court pro21 ceedings and any other proceeding impacting 

22 upon custody of their children or wards; 

23 (C) able to fully comply with all family 

24 court or child welfare agency orders impacting 

25 upon custody of their children or wards; 


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1 (D) provided with contact information for 

2 family courts in all 50 States, the District of 

3 Columbia, all United States territories, coun4 ties, and local jurisdictions; 

5 (E) granted free and confidential telephone 

6 calls to child welfare agencies and family 

7 courts; 

8 (F) granted free and confidential telephone 

9 calls and confidential in-person visits with at10 torneys, legal representatives, and consular offi11 cials; 

12 (G) provided United States passport appli13 cations for the purpose of obtaining travel docu14 ments for their children or wards; 

15 (H) granted adequate time before removal 

16 to obtain passports and other necessary travel 

17 documents on behalf of their children or wards 

18 if such children or wards will accompany them 

19 on their return to their country of origin or join 

20 them in their country of origin; and 

21 (I) provided with the access necessary to 

22 obtain birth records or other documents re23 quired to obtain passports for their children or 

24 wards; and 


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1 (3) facilitate the ability of detained parents, 

2 legal guardians, and primary caregivers to share in3 formation regarding travel arrangements with their 

4 children or wards, child welfare agencies, or other 

5 caregivers well in advance of the detained individ6 ual’s departure from the United States. 

7 SEC. 266. MEMORANDA OF UNDERSTANDING. 

8 The Secretary shall develop and implement memo9 randa of understanding or protocols with child welfare 

10 agencies and NGOs regarding the best ways to cooperate 

11 and facilitate ongoing communication between all relevant 

12 entities in cases involving a child whose parent, legal 

13 guardian, or primary caregiver has been apprehended or 

14 detained in an immigration enforcement action to protect 

15 the best interests of the child and the best outcome for 

16 the family of the child. 

17 SEC. 267. MANDATORY TRAINING. 

18 The Secretary, in consultation with the Secretary of 

19 Health and Human Services and independent child welfare 

20 experts, shall require and provide in-person training on 

21 the protections required to all personnel of the Depart22 ment and of States and local entities acting under agree23 ment with the Department who regularly come into con24 tact with children or parents in the course of conducting 

25 immigration enforcement actions. 


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1 SEC. 268. ALTERNATIVES TO DETENTION. 

2 (a) SECURE ALTERNATIVES.—The Secretary shall 

3 establish secure alternatives programs to ensure public 

4 safety and appearances at immigration proceedings. The 

5 Secretary may use secure alternatives programs to main6 tain custody over any alien detained under the Immigra7 tion and Nationality Act, except aliens detained under sec8 tion 236A of such Act (8 U.S.C. 1226a). If an individual 

9 is not eligible for release from custody, the Secretary shall 

10 consider the alien for placement in secure alternatives that 

11 maintain custody over the alien, including the use of elec12 tronic ankle devices. 

13 (b) CONTRACTS AUTHORIZED.—The Secretary shall 

14 contract with nongovernmental organizations to conduct 

15 screening of detainees, provide appearance assistance serv16 ices, and operate community-based supervision programs. 

17 (c) INDIVIDUALIZED DETERMINATIONS.—When de18 ciding whether to use custodial secure alternatives, the 

19 Secretary shall make an individualized determination and 

20 review each case on a monthly basis. 

21 SEC. 269. DETENTION CONDITIONS. 

22 (a) DETENTION REQUIREMENTS.— 

23 (1) IN GENERAL.—The Secretary shall ensure 

24 that all persons detained pursuant to the Immigra25 tion and Nationality Act (8 U.S.C. 1101 et seq.) are 

26 treated humanely and granted the protections set 


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1 forth in this section by complying and enforcing the 

2 minimum requirements under this subsection. 

3 (2) QUALITY OF MEDICAL CARE.— 

4 (A) IN GENERAL.—Each detainee has the 

5 right to prompt and adequate medical care, de6 signed to ensure continuity of care, at no cost 

7 to the detainee, including care to address med8 ical needs that existed before the detainee was 

9 placed in detention, primary care, emergency 

10 care, chronic care, reproductive health care, 

11 prenatal care, dental care, eye care, mental 

12 health care, medical dietary needs, and other 

13 medically necessary specialized care. The Sec14 retary shall discontinue the use of any short 

15 term facility or detention facility that fails to 

16 maintain accreditation for more than 1 year. 

17 (B) INTAKE SCREENING AND EXAMINA18 TION.—Each detainee shall receive, from a li19 censed health care professional— 

20 (i) a comprehensive medical, dental, 

21 and mental health intake screening upon 

22 arrival at the detention facility; and 

23 (ii) a comprehensive medical and men24 tal health examination not later than 14 

25 days after arrival. 


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1 (C) MEDICATIONS.— 

2 (i) PRESCRIPTION MEDICATIONS.— 

3 Each detainee taking prescribed medica4 tions prior to detention shall be allowed to 

5 continue taking such medications, on 

6 schedule and without interruption, until 

7 and unless a licensed health care profes8 sional examines the immigration detainee 

9 and decides upon an alternative course of 

10 treatment. Detainees who arrive at a de11 tention facility with prescription medica12 tions shall be permitted to continue taking 

13 their medications, on schedule and without 

14 interruption, until such time as a qualified 

15 health care professional examines the de16 tainee and decides upon an alternative 

17 course of treatment. Detainees who arrive 

18 at a detention facility without prescription 

19 medications but who report being on such 

20 medications shall be evaluated by a quali21 fied health care professional as soon as 

22 possible, but not later than 24 hours after 

23 arrival. All decisions to discontinue or 

24 modify a detainee’s reported prescription 

25 medication regimen shall be conveyed to 


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1 the detainee in a language that the de2 tainee understands and shall be recorded 

3 in writing in the detainee’s medical 

4 records. 

5 (ii) INVOLUNTARY PSYCHOTROPIC

6 MEDICATION.—Involuntary psychotropic 

7 medication may be used only if allowed by 

8 applicable law and then only in emergency 

9 situations when a physician has deter10 mined, after personally examining the pa11 tient, that a detainee is imminently dan12 gerous to self or others due to a mental ill13 ness and that involuntary psychotropic 

14 medication is medically appropriate to 

15 treat the mental illness and necessary to 

16 prevent harm. Medication shall not be forc17 ibly administered to a detainee to facilitate 

18 transport, removal or otherwise to control 

19 the detainee’s behavior. 

20 (D) MEDICALLY NECESSARY TREAT21 MENT.—Each detainee shall be provided access 

22 to medically necessary treatment, including, for 

23 female detainees, prenatal care, prenatal vita24 mins, and hormonal therapies, such as birth 


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1 control, and adequate access to sanitary prod2 ucts. 

3 (E) ON-SITE MEDICAL PROVIDERS.—Any 

4 decision regarding requested medical care for a 

5 detainee— 

6 (i) shall be made in writing by an on7 site licensed health care professional within 

8 72 hours; and 

9 (ii) shall be communicated to the de10 tainee without delay. 

11 (F) ADMINISTRATIVE APPEALS PROC12 ESS.—Detention facilities, in conjunction with 

13 the Department, shall provide for an adminis14 trative process for handling appeals of denials 

15 of medical or mental health treatment or care. 

16 Detention facilities, in conjunction with the De17 partment, shall ensure that detainees, medical 

18 providers, and legally-appointed advocates have 

19 the opportunity to appeal a denial of requested 

20 health care services by an on-site provider to an 

21 independent appeals board. The appeals board 

22 shall include health care professionals in the 

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1 solved in writing within 7 days by the appeals 

2 board or earlier if medically necessary. 

3 (G) REVIEW OF ON-SITE MEDICAL PRO4 VIDER REQUESTS.—The Secretary shall respond 

5 within 72 hours to any request by an on-site 

6 medical provider for authorization to provide 

7 medical or mental health care to an immigra8 tion detainee. In each case in which the Sec9 retary denies or fails to grant such a request by 

10 the onsite medical provider, a written expla11 nation of the reasons for the decision shall be 

12 conveyed without delay to the on-site medical 

13 provider and the immigration detainee. The on14 site medical provider and immigration detainee 

15 (or legally appointed advocate) shall be per16 mitted to appeal the denial of or failure to 

17 grant the requested health care service. Such 

18 appeal shall be resolved in writing within 7 days 

19 by an impartial appeals board or earlier if 

20 medically necessary and communicated without 

21 delay to the on-site medical provider and the 

22 immigration detainee. 

23 (H) MEDICAL RELEASE.—Any detainee 

24 deemed by a licensed health care professional to 

25 have a medical or mental health care condition 


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1 shall be considered for release on parole, on 

2 bond, or into a secure alternatives program, 

3 with periodic reevaluations for such detainees 

4 not initially released. Upon removal or release, 

5 all detainees with medical or mental health con6 ditions and women who are pregnant, post7 natal, and nursing mothers shall receive dis8 charge planning to ensure continuity of care for 

9 a reasonable period of time. 

10 (I) MEDICAL RECORDS.—The Department 

11 shall maintain complete, confidential medical 

12 records for every detainee, which shall be made 

13 available within 72 hours upon request to a de14 tainee or individuals authorized by the detainee. 

15 Immediately upon an immigration detainee’s 

16 transfer from 1 detention facility to another, 

17 the immigration detainee’s complete medical 

18 records, including any transfer summary, shall 

19 be provided to the receiving facility. 

20 (3) TRANSFERS OF DETAINEES.— 

21 (A) NOTICE.—Absent exigent cir22 cumstances, such as a natural disaster or com23 parable emergency, the Secretary shall provide 

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1 other detention facility. Not later than 24 hours 

2 after a transfer, the Secretary shall notify, by 

3 telephone and in writing, the detainee’s legal 

4 representative or other person designated by the 

5 detainee of the transfer. 

6 (B) PROCEDURES.—Absent exigent cir7 cumstances, such as a natural disaster or com8 parable emergency, the Secretary may not 

9 transfer a detainee to another detention facility 

10 if such transfer would— 

11 (i) impair an existing attorney-client 

12 relationship; 

13 (ii) prejudice the rights of the de14 tainee in any legal proceeding, including 

15 any Federal, State or administrative pro16 ceeding; or 

17 (iii) negatively affect the detainee’s 

18 health, including by interrupting the con19 tinuity of medical care or provision of pre20 scription medication. 

21 (C) TRANSPORTATION.—The Secretary 

22 shall ensure the safe transport and deportation 

23 of each individual detained under the Immigra24 tion and Nationality Act (8 U.S.C. 1101 et 


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1 seq.), including the appropriate use of safety 

2 harnesses and occupancy limitations of vehicles. 

3 (4) ACCESS TO TELEPHONES.— 

4 (A) IN GENERAL.—The Secretary shall en5 sure that detainees at detention facilities are 

6 provided with reasonable access to telephones 

7 not later than 6 hours after the commencement 

8 of their detention. Such access shall include not 

9 fewer than 1 working phone for every 25 de10 tainees. 

11 (B) TOLL-FREE NUMBERS.—Each detainee 

12 has the right to contact, free of charge through 

13 confidential toll-free numbers— 

14 (i) legal representatives; 

15 (ii) designated nongovernmental orga16 nizations; 

17 (iii) consular officials; 

18 (iv) Federal and State courts where 

19 the detainee is or may become involved in 

20 a legal proceeding; and 

21 (v) all Government immigration agen22 cies and adjudicatory bodies, including the 

23 Office of the Inspector General and the Of24 fice for Civil Rights and Civil Liberties of 

25 the Department. 


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1 (C) PRIVACY.—The Secretary shall— 

2 (i) make confidential calls available at 

3 no charge to detainees, who are subject to 

4 expedited removal or who are experiencing 

5 personal or family emergencies, including 

6 the need to arrange care for dependents, 

7 for the purpose of obtaining legal represen8 tation or discussing other legal matters; 

9 and 

10 (ii) ensure that rates charged in de11 tention facilities for telephone calls are rea12 sonable and do not significantly impair the 

13 detainee’s right to access telephones. 

14 (5) PHYSICAL AND SEXUAL ABUSE.—No de15 tainee, whether in a detention facility or short term 

16 detention facility, shall be subject to degrading or in17 humane treatment such as physical abuse, sexual 

18 abuse or harassment, or arbitrary punishment. De19 tention facilities shall take all necessary measures to 

20 prevent sexual abuse and sexual assaults of detain21 ees, to provide medical and mental health treatment 

22 to victims of sexual abuse and sexual assaults and 

23 shall comply fully with the standards under the Pris24 on Rape Elimination Act of 2003 (42 U.S.C. 15601 

25 et seq.) 


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1 (6) LIMITATIONS ON SOLITARY CONFINEMENT

2 AND STRIP SEARCHES.—The use of solitary confine3 ment, shackling, and strip searches of detainees 

4 shall be limited to situations where the use of such 

5 techniques is necessitated by extraordinary cir6 cumstances when the safety of other persons is at 

7 imminent risk. These techniques shall in no event be 

8 used for the purpose of humiliating detainees either 

9 within or outside the detention facility. Detention fa10 cilities shall adopt written policies pertaining to the 

11 use of force and the use of restraints and shall train 

12 all staff on the proper use of such devices. Solitary 

13 confinement, shackling and strip searches shall not 

14 be used on pregnant women, nursing mothers, 

15 women in labor or delivery or children who are 

16 younger than 18 years of age. Strip searches shall 

17 not be conducted in front of children who are young18 er than 21 years of age. 

19 (7) LOCATION OF DETENTION FACILITIES.—All 

20 new detention facilities used by the Department 

21 shall be located within 50 miles of a city or munici22 pality in which there is a demonstrated capacity to 

23 provide free or low-cost legal representation by non24 profit legal aid organizations or pro bono attorneys 

25 with expertise in asylum or immigration law. By 


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1 January 1, 2013, all detention facilities used by the 

2 Department shall meet this requirement, and if the 

3 Secretary is unable to comply, the Secretary shall 

4 submit a report to Congress on that date and annu5 ally each year thereafter, explaining the reasons for 

6 the failure and the specific plans to meet the re7 quirement. 

8 (8) ACCESS TO IMMIGRATION COURTS.—At any 

9 detention facility where a contract to house immigra10 tion detainees is newly made, renewed, or extended 

11 during the period beginning on the date of the en12 actment of this Act and ending on December 31, 

13 2013, detainees in removal proceedings shall appear 

14 before the immigration court in person, unless in 

15 person appearance is knowingly waived in writing by 

16 the detainee or the detainee’s representative. 

17 (9) TRANSLATION CAPABILITIES.—Detention 

18 facilities and short term detention facilities shall em19 ploy facility staff who are professionally qualified in 

20 any language spoken by more than 10 percent of its 

21 immigration detainee population. All short term de22 tention facilities and detention facilities shall provide 

23 alternative translation services in the exceptional cir24 cumstances when trained bilingual staff members 

25 are unavailable to translate. All such facilities shall 


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1 provide notices and written materials to detainees 

2 translated in any language spoken by more than 5 

3 percent of its immigration detainee population. 

4 (10) LEGAL ACCESS.—Detainees in detention 

5 facilities have the right to access legal information, 

6 including an on-site law library with up-to-date legal 

7 materials and law databases. Each detainee has the 

8 right to access free of charge the necessary equip9 ment and materials for legal research and cor10 respondence, such as computers, printers, copiers, 

11 and typewriters. The Secretary shall ensure each de12 tainee is provided with information regarding the 

13 availability of legal information and services to assist 

14 those with limited English proficiency or disabilities. 

15 Detention facilities shall also provide access for each 

16 detainee to meet confidentially with legal counsel 

17 and shall provide services to send confidential legal 

18 documents to legal counsel, government offices and 

19 legal organizations. 

20 (11) VISITATIONS.—Detainees in detention fa21 cilities have the right to meet privately with his or 

22 her current or prospective legal representative, inter23 preters, and other legal support staff a minimum of 

24 8 hours per day on regular business days and 4 

25 hours per day on weekends and holidays, subject to 


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1 appropriate security procedures. Legal visits shall 

2 not be restricted absent narrowly defined exceptional 

3 circumstances, such as a natural disaster or com4 parable emergency. Detention facilities shall promi5 nently post official lists, updated semi-annually by 

6 the Secretary of Homeland Security, of pro bono 

7 legal organizations and their contact information in 

8 detainee housing units and other appropriate areas. 

9 Each detainee has the right to reasonable access to 

10 religious or other qualified individuals to address re11 ligious, cultural, or spiritual considerations. Detain12 ees have the right to regular, private contact visits 

13 with children who are younger 18 years of age. 

14 (12) RECREATIONAL PROGRAMS AND ACTIVI15 TIES.—Detainees in detention facilities shall be af16 forded access to at least 1 hour each day of indoor 

17 and outdoor recreational programs and activities for 

18 detainees. 

19 (13) TRAINING OF PERSONNEL.—All personnel 

20 in detention facilities and short term detention facili21 ties shall be given a comprehensive specialized train22 ing and regular, periodic updates that shall include 

23 at a minimum an overview of immigration detention 

24 and all detention standards; the characteristics of 

25 the non-citizen detainee population including special 


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1 characteristics of vulnerable groups; and the due 

2 process and grievance procedures to protect the 

3 rights of detainees. 

4 (14) SHORT TERM DETENTION FACILITIES.— 

5 (A) IN GENERAL.—All detainees in short 

6 term detention facilities shall receive— 

7 (i) potable water; 

8 (ii) food, if detained for more than 5 

9 hours; 

10 (iii) basic toiletries, diapers, sanitary 

11 products, blankets; and 

12 (iv) access to bathroom facilities and 

13 telephones. 

14 (B) CONSULAR OFFICIALS.—The Secretary 

15 or his designates shall provide consular officials 

16 with access to detainees held at such facilities. 

17 (C) HEALTH CARE.—Detainees shall be af18 forded reasonable access to a licensed health 

19 care professional. 

20 (D) NURSING MOTHERS.—The Secretary 

21 shall ensure that nursing mothers in such facili22 ties have access to their children. 

23 (E) PROPERTY.—Any property the De24 partment confiscates from detainees shall be re25 turned upon repatriation or transfer. 


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1 (F) PROTECTIONS FOR CHILDREN.—The 

2 Secretary shall provide adequately trained and 

3 qualified staff at each major port of entry (as 

4 defined by the U.S. Customs and Border Pro5 tection station assigned to that port having in 

6 its custody over the past 2 fiscal years an aver7 age per year of 50 or more unaccompanied 

8 alien children (as defined in section 462 of the 

9 Homeland Security Act of 2002 (6 U.S.C. 

10 279))), including U.S. Customs and Border 

11 Protection agents charged primarily with the 

12 safe, swift, and humane transportation of unac13 companied alien children to Office of Refugee 

14 Resettlement custody and independent licensed 

15 social workers dedicated to ensuring the proper 

16 temporary care for the children while in De17 partment custody before their transfer to the 

18 Office of Refugee Resettlement. These staff will 

19 ensure that each child— 

20 (i) receives emergency medical care; 

21 (ii) receives mental health care in case 

22 of trauma and has access to psychosocial 

23 health services; 

24 (iii) is provided with a pillow, linens, 

25 and sufficient blankets to rest at a comVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 fortable temperature, a bed, and a mat2 tress placed in an area specifically des3 ignated for residential use; 

4 (iv) receives adequate nutrition; 

5 (v) enjoys a safe and sanitary living 

6 environment; 

7 (vi) receives educational materials; 

8 and 

9 (vii) has access to at least 3 hours of 

10 indoor and outdoor recreational programs 

11 and activities per day. 

12 (G) CONFIDENTIALITY.—The Secretary of 

13 Health and Human Services shall maintain the 

14 privacy and confidentiality of all information 

15 gathered in the course of providing care, cus16 tody, placement and follow-up services to unac17 companied alien children, consistent with the 

18 best interest of the unaccompanied alien child, 

19 by not disclosing such information to other gov20 ernment agencies or nonparental third parties. 

21 The Secretary may share information when au22 thorized to do so by the child and when con23 sistent with the child’s best interest. The Sec24 retary may provide information to a duly recog25 nized law enforcement entity, if such disclosure 


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1 would prevent imminent and serious harm to 

2 another individual. All disclosures shall be duly 

3 recorded in writing and placed in the child’s 

4 files. 

5 (15) VULNERABLE POPULATIONS.—Detention 

6 facility conditions and minimum requirements for 

7 detention facilities shall recognize and accommodate 

8 the unique needs of vulnerable populations as de9 fined by this Act. 

10 (16) CHILDREN.—The Secretary shall ensure 

11 that unaccompanied alien children (as defined in 

12 section 462 of the Homeland Security Act of 2002 

13 (6 U.S.C. 279)) are physically separated from any 

14 adult who is not an immediate family member and 

15 are separated by sight and sound from immigration 

16 detainees and inmates with criminal convictions, pre17 trial inmates facing criminal prosecution, children 

18 who have been adjudicated delinquents or convicted 

19 of adult offenses or are pending delinquency or 

20 criminal proceedings, and those inmates exhibiting 

21 violent behavior while in detention as is consistent 

22 with the Juvenile Justice and Delinquency Preven23 tion Act of 1974 (42 U.S.C. 5601 et seq.) 

24 (b) RULEMAKING AND ENFORCEMENT.— 

25 (1) IN GENERAL.— 


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1 (A) NOTICE OF PROPOSED RULE2 MAKING.—Not later than 60 days after the date 

3 of the enactment of this Act, the Secretary shall 

4 issue a notice of proposed rulemaking regarding 

5 the enforcement of this section. 

6 (B) FINAL REGULATIONS.—Not later than 

7 180 days after the date of the enactment of this 

8 Act, the Secretary shall promulgate regulations, 

9 binding upon all short term detention facilities 

10 and detention facilities, to ensure that the de11 tention requirements under subsection (a) are 

12 fully implemented and enforced, and that all fa13 cilities comply with the regulations. 

14 (2) ENFORCEMENT.— 

15 (A) IN GENERAL.—The Secretary shall en16 force all regulations promulgated under para17 graph (1). 

18 (B) GUIDANCE.—Not later than 180 days 

19 after the date of the enactment of this Act, the 

20 Secretary shall issue guidance for ensuring that 

21 short term detention facilities and detention fa22 cilities comply with all detention requirements 

23 and all regulations and standards promulgated 

24 under paragraph (1). 


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1 (C) COMPLIANCE MECHANISMS.—To en2 sure the compliance described in subparagraph 

3 (B), the Secretary— 

4 (i) shall establish mechanisms for re5 viewing any evidence of noncompliance 

6 with the provisions under this section; 

7 (ii) may impose financial penalties 

8 upon noncompliant detention facilities; and 

9 (iii) may terminate the contracts of 

10 persistently noncompliant detention facili11 ties. 

12 (D) INVESTIGATIONS.—The Secretary 

13 shall investigate evidence pertaining to viola14 tions of the provisions under this section, in15 cluding detainee complaints. The Secretary 

16 shall complete such investigation not later than 

17 30 days after collecting the relevant evidence. If 

18 the Secretary determines that a violation has 

19 occurred, the Secretary shall ensure that such 

20 violation is remedied not later than 30 days 

21 after such determination. A decision by the Sec22 retary not to pursue such an enforcement ac23 tion shall constitute final agency action. 

24 (E) GRIEVANCES.—Each detainee has the 

25 right to file grievances with the staff of short 


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1 term detention facilities, detention facilities, 

2 and the Department and shall be protected 

3 from retaliation. 

4 (F) COMPLIANCE OFFICER.—Each short 

5 term detention facility and detention facility 

6 shall designate an officer to ensure compliance 

7 with the provisions of this section. Such officer 

8 shall investigate all evidence pertaining to a vio9 lation of this section. If a violation is identified, 

10 the officer shall remedy the violation not later 

11 than 30 days after such identification. 

12 (G) JUDICIAL REVIEW.—A detainee may 

13 not seek— 

14 (i) review in district court until after 

15 the passage of the 30-day remediation pe16 riod described in subparagraph (F); 

17 (ii) remedy in district court unless he 

18 or she has complied with the procedures 

19 promulgated under this subsection; or 

20 (iii) punitive damages for violations of 

21 this section. 

22 (H) RULE OF CONSTRUCTION.—Nothing in 

23 the section may be construed to preclude review 

24 of noncompliance with this section under sec25 tion 1983 of title 42, United States Code. 


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1 (c) DETENTION COMMISSION.— 

2 (1) APPOINTMENT.—The Secretary shall ap3 point and convene a detention commission comprised 

4 of— 

5 (A) experts from U.S. Immigration and 

6 Customs Enforcement, U.S. Customs and Bor7 der Protection, the Office of Refugee Resettle8 ment, and Division of Immigration Health 

9 Services in the Department of Health and 

10 Human Services; and 

11 (B) an equal number of independent ex12 perts from nongovernmental organizations and 

13 intergovernmental organizations with expertise 

14 in working on behalf of aliens detained under 

15 immigration laws and vulnerable populations. 

16 (2) DUTIES.—The detention commission shall 

17 conduct independent investigations, evaluate, and re18 port on the compliance of short term detention fa19 cilities, detention facilities, and the Department with 

20 the requirements set forth in this section. 

21 (3) REPORT.—Not later than 60 days after end 

22 of the fiscal year during which this Act was enacted, 

23 and biennially thereafter, the detention commission 

24 shall submit a report on the duties set forth in para25 graph (2) to— 


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1 (A) the Committee on the Judiciary of the 

2 Senate; 

3 (B) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; 

5 (C) the Committee on the Judiciary of the 

6 House of Representatives; and 

7 (D) the Committee on Homeland Security 

8 of the House of Representatives. 

9 (d) DEATH IN CUSTODY REPORTING REQUIRE10 MENT.— 

11 (1) IN GENERAL.—If an individual dies while in 

12 the custody of the Department or en route to or 

13 from custody, the supervising official at a short term 

14 detention facility or detention facility shall imme15 diately report such death to the Secretary. Not later 

16 than 48 hours after receiving the report of such 

17 death, the Secretary shall report the death to the 

18 Office of the Inspector General of the Department 

19 and the Department of Justice. 

20 (2) INVESTIGATIONS.—The Department shall 

21 complete an investigation of each detainee death 

22 that shall be conducted consistent with established 

23 medical practice for morbidity and mortality reviews 

24 and examine both individual and systemic contribu25 tors to the death. The investigation shall be conVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 ducted by a panel of physicians with experience in 

2 morbidity and mortality reviews and shall include 

3 the medical staff of the facility or facilities that 

4 cared for the deceased detainee, physicians from 

5 within the Department, and independent physicians 

6 not affiliated with the Department or facility. The 

7 panel shall complete a report and corrective action 

8 plan in each case. 

9 (3) REPORTS.— 

10 (A) IN GENERAL.—Not later than 60 days 

11 after the end of each fiscal year, the Secretary 

12 shall submit a report to the committees set 

13 forth in subsection (c)(3) that contains detailed 

14 information regarding all detainee deaths dur15 ing the preceding fiscal year, including— 

16 (i) each mortality and morbidity re17 port; 

18 (ii) each corrective action plan; and 

19 (iii) corrective actions taken. 

20 (B) CONTENTS.—The reports to the Office 

21 of the Inspector General and to Congress re22 ferred to in paragraph (1) shall include— 

23 (i) the name, gender, race, ethnicity, 

24 and age of the deceased; 


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1 (ii) the date, time, and location of 

2 death; 

3 (iii) the law enforcement agency that 

4 detained, arrested, or was in the process of 

5 arresting the deceased; 

6 (iv) a description of the circumstances 

7 surrounding the death; 

8 (v) the status and results of any in9 vestigation that has been conducted into 

10 the circumstances surrounding the death; 

11 and 

12 (vi) all medical records of the de13 ceased. 

14 SEC. 270. ACCESS TO COUNSEL. 

15 Section 240(b)(4) (8 U.S.C. 1229a(b)(4)) is amend16 ed— 

17 (1) in the matter preceding subparagraph (A), 

18 by striking ‘‘In proceedings under this section, under 

19 regulations of the Attorney General’’ and inserting 

20 ‘‘The Attorney General shall promulgate regulations 

21 for proceedings under this section, under which—’’ 

22 (2) in subparagraph (B), by striking ‘‘, and’’ at 

23 the end and inserting a semicolon; 

24 (3) by redesignating subparagraph (C) as sub25 paragraph (D); and 


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1 (4) by inserting after subparagraph (B) the fol2 lowing: 

3 ‘‘(C) the Attorney General, or the designee 

4 of the Attorney General, may appoint counsel to 

5 represent an alien if the fair resolution or effec6 tive adjudication of the proceedings would be 

7 served by appointment of counsel; and’’. 

8 SEC. 271. GROUP LEGAL ORIENTATION PRESENTATIONS. 

9 (a) ESTABLISHMENT OF A NATIONAL LEGAL ORI10 ENTATION SUPPORT AND TRAINING CENTER.—The At11 torney General, in consultation with the Secretary, shall 

12 establish a National Legal Orientation Support and Train13 ing Center (referred to in this section as the ‘‘Center’’) 

14 to ensure quality and consistent implementation of group 

15 legal orientation programs nationwide. 

16 (b) DUTIES.—The Center shall— 

17 (1) offer training to nonprofit agencies that will 

18 offer group legal orientation programs; 

19 (2) consult with nonprofit agencies offering 

20 group legal orientation programs regarding program 

21 development and substantive legal issues; 

22 (3) develop standards for group legal orienta23 tion programs; and 

24 (4) ensure that all detained aliens in immigra25 tion and asylum proceedings under sections 235, 


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1 238, 240, and 241(b)(5) of the Immigration and 

2 Nationality Act (8 U.S.C. 1225, 1228, 1229a, and 

3 1231(b)(5)) receive group legal orientation pro4 grams. 

5 (c) PROCEDURES.—The Secretary shall establish pro6 cedures for regularly scheduled, group legal orientation 

7 presentations. 

8 (d) GRANTS AUTHORIZED.—The Attorney General 

9 shall establish a program to award grants to nongovern10 mental agencies to develop, implement, or expand legal 

11 orientation programs for all detainees at a detention facil12 ity that offers such programs. 

13 SEC. 272. PROTECTIONS FOR REFUGEES. 

14 (a) PROTECTION OF REFUGEES PRIOR TO ADJUST15 MENT.—Section 209 (8 U.S.C. 1159) is amended— 

16 (1) in subsection (a)(1), by striking ‘‘return or 

17 be returned to the custody of the Department of 

18 Homeland Security for inspection and examination 

19 for admission to the United States as an immigrant 

20 in accordance with the provisions of sections 235, 

21 240, and 241’’ and inserting ‘‘be eligible for adjust22 ment of status as an immigrant to the United 

23 States’’; 

24 (2) in subsection (a)(2), by striking ‘‘upon in25 spection and examination’’; and 


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1 (3) in subsection (c), by adding at the end the 

2 following: ‘‘An application for adjustment under this 

3 section may be filed up to 3 months before the date 

4 on which the applicant would first otherwise be eligi5 ble for adjustment under this section.’’. 

6 (b) PROCEDURES FOR ENSURING ACCURACY AND

7 VERIFIABILITY OF SWORN STATEMENTS TAKEN PURSU8 ANT TO EXPEDITED REMOVAL AUTHORITY.— 

9 (1) IN GENERAL.—The Secretary shall establish 

10 quality assurance procedures to ensure the accuracy 

11 and verifiability of signed or sworn statements taken 

12 by employees of the Department exercising expedited 

13 removal authority under section 235(b) of the Immi14 gration and Nationality Act (8 U.S.C. 1225(b)). 

15 (2) RECORDING OF INTERVIEWS.—Any sworn 

16 or signed written statement taken of an alien as part 

17 of the record of a proceeding under section 

18 235(b)(1)(A) of the Immigration and Nationality 

19 Act (8 U.S.C. 1225(b)(1)(A) shall be accompanied 

20 by a recording of the interview which served as the 

21 basis for that sworn statement. 

22 (3) RECORDINGS.— 

23 (A) IN GENERAL.—The recording of the 

24 interview shall include the written statement, in 

25 its entirety, being read back to the alien in a 


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1 language that the alien claims to understand, 

2 and the alien affirming the accuracy of the 

3 statement or making any corrections thereto. 

4 (B) FORMAT.—The recording shall be 

5 made in video, audio, or other equally reliable 

6 format. 

7 (4) EXEMPTION AUTHORITY.— 

8 (A) IN GENERAL.—Subsections (b) and (c) 

9 shall not apply to interviews that occur at de10 tention facilities exempted by the Secretary pur11 suant to this paragraph. 

12 (B) UNDUE BURDENS OR COSTS.—The 

13 Secretary or the Secretary’s designee may ex14 empt any detention facility based on a deter15 mination by the Secretary or the Secretary’s 

16 designee that compliance with subsections (b) 

17 and (c) at that facility would impair operations 

18 or impose undue burdens or costs. 

19 (C) ANNUAL REPORT.—The Secretary or 

20 the Secretary’s designee shall report annually to 

21 Congress on the detention facilities that have 

22 been exempted pursuant to this subsection. 

23 (D) PRIVATE CAUSE OF ACTION.—The ex24 ercise of the exemption authority shall not give 

25 rise to a private cause of action. 


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1 (c) INTERPRETERS.—The Secretary shall ensure that 

2 a professional, fluent interpreter is used when— 

3 (1) the interviewing officer does not speak a 

4 language understood by the alien; and 

5 (2) no other Federal, State or local government 

6 employee is available who is able to interpret effec7 tively, accurately, and impartially. 

8 (d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 

9 Recordings of interviews of aliens described in section (b) 

10 shall be included in the record of a proceeding and may 

11 be considered as evidence in any further proceedings in12 volving the alien. 

13 (e) STUDY ON THE EFFECT OF EXPEDITED RE14 MOVAL PROVISIONS, PRACTICES AND PROCEDURES ON

15 ASYLUM CLAIMS.— 

16 (1) IN GENERAL.—The United States Commis17 sion on International Religious Freedom (referred to 

18 in this subsection as the ‘‘Commission’’) is author19 ized to conduct a study to determine whether immi20 gration officers described in paragraph (2) are en21 gaging in conduct described in paragraph (3). 

22 (2) IMMIGRATION OFFICERS DESCRIBED.—An 

23 immigration officer described in this paragraph is an 

24 immigration officer performing duties under section 

25 235(b) of the Immigration and Nationality Act (8 


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1 U.S.C. 1225(b)) with respect to aliens who are ap2 prehended after entering the United States and who 

3 may be eligible to apply for asylum under such sec4 tion or section 208 of such Act (8 U.S.C. 1158). 

5 (3) CONDUCT DESCRIBED.—Conduct described 

6 in this paragraph is— 

7 (A) improperly encouraging an alien de8 scribed in paragraph (2) to withdraw or retract 

9 claims for asylum; 

10 (B) incorrectly failing to refer such an 

11 alien for an interview by an asylum officer for 

12 a determination of whether the alien has a cred13 ible fear of persecution (within the meaning of 

14 section 235(b)(1)(B)(v) of the Immigration and 

15 Nationality Act (8 U.S.C. 1225(b)(1)(B)(v))); 

16 (C) incorrectly removing such an alien to a 

17 country where the alien may be persecuted; or 

18 (D) detaining such an alien improperly or 

19 in inappropriate conditions. 

20 (f) REPORT.—Not later than 2 years after the date 

21 on which the Commission initiates the study conducted 

22 under subsection (a), the Commission shall submit a re23 port containing the results of the study to— 

24 (1) the Committee on Homeland Security and 

25 Governmental Affairs of the Senate; 


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1 (2) the Committee on the Judiciary of the Sen2 ate; 

3 (3) the Committee on Foreign Relations of the 

4 Senate; 

5 (4) the Committee on Homeland Security of the 

6 House of Representatives; 

7 (5) the Committee on the Judiciary of the 

8 House of Representatives; and 

9 (6) the Committee on Foreign Affairs of the 

10 House of Representatives. 

11 (g) STAFF.— 

12 (1) FROM OTHER AGENCIES.—At the request of 

13 the Commission, the Secretary, the Attorney Gen14 eral, and the Comptroller General of the United 

15 States shall authorize staff designated by the Com16 mission who are recognized for their expertise and 

17 knowledge of refugee and asylum issues to assist the 

18 Commission in conducting the study under sub19 section (a). 

20 (2) HIRING OF STAFF.—The Commission may 

21 hire additional staff and consultants to conduct the 

22 study under subsection (a). 

23 (3) ACCESS TO PROCEEDINGS.— 

24 (A) IN GENERAL.—Except as provided in 

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1 ney General shall permit staff designated under 

2 paragraph (1) or hired under paragraph (2) to 

3 have unrestricted access to all stages of all pro4 ceedings conducted under section 235(b) of the 

5 Immigration and Nationality Act (8 U.S.C. 

6 1225(b)). 

7 (B) EXCEPTIONS.—The Secretary and the 

8 Attorney General shall not permit unrestricted 

9 access pursuant to subparagraph (A) in any 

10 case in which— 

11 (i) an alien that is subject to a pro12 ceeding conducted under section 235(b) of 

13 the Immigration and Nationality Act ob14 jects to such access; or 

15 (ii) the Secretary or Attorney General 

16 determines that the security of a particular 

17 proceeding would be threatened by such 

18 access. 

19 SEC. 273. IMMIGRATION AND CUSTOMS ENFORCEMENT OM20 BUDSMAN. 

21 (a) ESTABLISHMENT.—Subtitle D of title III of the 

22 Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) 

23 is amended by adding at the end the following: 


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1 ‘‘SEC. 447. IMMIGRATION AND CUSTOMS ENFORCEMENT 

2 OMBUDSMAN. 

3 ‘‘(a) IN GENERAL.—There shall be in the Depart4 ment of Homeland Security the position of Immigration 

5 and Customs Enforcement Ombudsman (referred to in 

6 this section as the ‘Ombudsman’). 

7 ‘‘(b) REQUIREMENTS.—The Ombudsman shall— 

8 ‘‘(1) report directly to the Assistant Secretary 

9 for Immigration and Customs Enforcement (referred 

10 to in this section as the ‘Assistant Secretary’); and 

11 ‘‘(2) have a background in immigration law. 

12 ‘‘(c) FUNCTIONS.—The Ombudsman shall— 

13 ‘‘(1) undertake regular and unannounced in14 spections of detention facilities and local offices of 

15 United States Immigration and Customs Enforce16 ment to determine whether the facilities and offices 

17 comply with relevant policies, procedures, standards, 

18 laws, and regulations; 

19 ‘‘(2) report all findings of compliance or non20 compliance of the facilities and local offices de21 scribed in paragraph (1) to the Secretary and the 

22 Assistant Secretary; 

23 ‘‘(3) develop procedures for detainees or their 

24 representatives to submit confidential written com25 plaints directly to the Ombudsman; 


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1 ‘‘(4) investigate and resolve all complaints, in2 cluding confidential and anonymous complaints, re3 lated to decisions, recommendations, acts, or omis4 sions made by the Assistant Secretary or the Com5 missioner of U.S. Customs and Border Protection in 

6 the course of custody and detention operations; 

7 ‘‘(5) initiate investigations into allegations of 

8 systemic problems at detention facilities; 

9 ‘‘(6) conduct any review or audit relating to de10 tention, as directed by the Secretary or Assistant 

11 Secretary; 

12 ‘‘(7) refer matters, as appropriate, to the Office 

13 of Inspector General of the Department of Justice, 

14 the Office of Civil Rights and Civil Liberties of the 

15 Department, or any other relevant office or agency; 

16 ‘‘(8) propose changes in the policies or practices 

17 of United States Immigration and Customs Enforce18 ment to improve the treatment of United States citi19 zens and residents, immigrants, detainees, and oth20 ers subject to immigration-related enforcement oper21 ations; 

22 ‘‘(9) establish a public advisory group con23 sisting of nongovernmental organization representa24 tives and Federal, State, and local government offiVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 cials with expertise in detention and vulnerable pop2 ulations to provide the Ombudsman with input on— 

3 ‘‘(A) the priorities of the Ombudsman; and 

4 ‘‘(B) current practices of United States 

5 Immigration and Customs Enforcement; and 

6 ‘‘(10) recommend to the Assistant Secretary 

7 personnel action based on any finding of noncompli8 ance. 

9 ‘‘(d) ANNUAL REPORT.— 

10 ‘‘(1) OBJECTIVES.—Not later than June 30 of 

11 each year, the Ombudsman shall prepare and submit 

12 a report to the Committee on the Judiciary of the 

13 Senate and the Committee on the Judiciary of the 

14 House of Representatives on the objectives of the 

15 Office of the Ombudsman for the next fiscal year. 

16 ‘‘(2) CONTENTS.—Each report submitted under 

17 paragraph (1) shall include— 

18 ‘‘(A) full and substantive analysis of the 

19 objectives of the Office of the Ombudsman; 

20 ‘‘(B) statistical information regarding such 

21 objectives; 

22 ‘‘(C) a description of each detention facil23 ity found to be in noncompliance with the de24 tention standards of the Department of Home25 land Security or other applicable regulations; 


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1 ‘‘(D) a description of the actions taken by 

2 the Department of Homeland Security to rem3 edy any findings of noncompliance or other 

4 identified problems; 

5 ‘‘(E) information regarding whether the 

6 actions described in subparagraph (D) resulted 

7 in compliance with detention standards; 

8 ‘‘(F) a summary of the most pervasive and 

9 serious problems encountered by individuals 

10 subject to the enforcement operations of the 

11 Department of Homeland Security, including a 

12 description of the nature of such problems; and 

13 ‘‘(G) such other information as the Om14 budsman may consider advisable.’’. 

15 (b) AMENDMENT.—The table of contents in section 

16 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 

17 et seq.) is amended by inserting after the item relating 

18 to section 446 the following: 

‘‘Sec. 447.Immigration and Customs Enforcement Ombudsman.’’. 

19 SEC. 274. ELIMINATION OF TIME LIMITS ON ASYLUM APPLI20 CATIONS. 

21 Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend22 ed— 

23 (1) in subparagraph (A), by striking ‘‘Attorney 

24 General’’ each place it appears and inserting ‘‘AttorVerDate Mar 15 2010 05:21 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 ney General or the Secretary of Homeland Secu2 rity’’; 

3 (2) by striking subparagraph (B); 

4 (3) by redesignating subparagraphs (C) and 

5 (D) as subparagraphs (B) and (C), respectively; 

6 (4) in subparagraph (B), as redesignated, by 

7 striking ‘‘subparagraph (D)’’ and inserting ‘‘sub8 paragraphs (C) and (D)’’; and 

9 (5) by striking subparagraph (C), as redesig10 nated, and inserting the following: 

11 ‘‘(C) CHANGED CIRCUMSTANCES.—Not12 withstanding subparagraph (B), an application 

13 for asylum of an alien may be considered if the 

14 alien demonstrates, to the satisfaction of the 

15 Attorney General or the Secretary of Homeland 

16 Security, the existence of changed cir17 cumstances that materially affect the appli18 cant’s eligibility for asylum. 

19 ‘‘(D) MOTION TO REOPEN DENIED ASYLUM

20 CLAIM.—Notwithstanding subparagraph (B) or 

21 section 240(c)(7), an alien may file a motion to 

22 reopen an asylum claim during the 2-year pe23 riod beginning on the date of the enactment of 

24 this subparagraph if the alien— 


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1 ‘‘(i) was denied asylum based solely 

2 upon a failure to meet the 1-year applica3 tion filing deadline in effect on the date on 

4 which the application was filed; 

5 ‘‘(ii) was granted withholding of re6 moval to the alien’s country of nationality 

7 (or, if stateless, to the country of last ha8 bitual residence under section 241(b)(3)); 

9 ‘‘(iii) has not obtained lawful perma10 nent residence in the United States pursu11 ant to any other provision of law; 

12 ‘‘(iv) is not subject to the safe third 

13 country exception in section 208(a)(2)(A) 

14 or a bar to asylum under section 208(b)(2) 

15 and should not be denied asylum as a mat16 ter of discretion; and 

17 ‘‘(v) is physically present in the 

18 United States when the motion is filed.’’; 

19 and 

20 (6) in subparagraph (E), by striking ‘‘subpara21 graphs (A) and (B)’’ and inserting ‘‘subparagraph 

22 (A).’’ 


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1 SEC. 275. EFFICIENT ASYLUM DETERMINATION PROCESS 

2 AND DETENTION OF ASYLUM SEEKERS. 

3 Section 235(b)(1)(B) (8 U.S.C. 1225(b)(1)(B)) is 

4 amended— 

5 (1) in clause (ii), by striking ‘‘shall be detained 

6 for further consideration of the application for asy7 lum’’ and inserting ‘‘may, in the Secretary’s discre8 tion, be detained for further consideration of the ap9 plication for asylum by an asylum officer designated 

10 by the Director of United States Citizenship and Im11 migration Services. The asylum officer, after con12 ducting a nonadversarial asylum interview, may 

13 grant asylum to the alien under section 208 or refer 

14 the case to a designee of the Attorney General, for 

15 a de novo asylum determination, for relief under the 

16 Convention Against Torture and Other Cruel, Inhu17 man or Degrading Treatment or Punishment, done 

18 at New York December 10, 1984, or for withholding 

19 of removal under section 241(b)(3).’’; and 

20 (2) in clause (iii)(IV)— 

21 (A) by amending the subclause heading to 

22 read as follows: 

23 ‘‘(IV) DETENTION.—’’; and 

24 (B) by striking ‘‘shall’’ and inserting 

25 ‘‘may, in the Secretary’s discretion,’’. 


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1 SEC. 276. PROTECTION OF STATELESS PERSONS IN THE 

2 UNITED STATES. 

3 (a) IN GENERAL.—Chapter 1 of title II (8 U.S.C. 

4 1151 et seq.) is amended by adding at the end the fol5 lowing: 

6 ‘‘SEC. 210A. PROTECTION OF STATELESS PERSONS IN THE 

7 UNITED STATES. 

8 ‘‘(a) DEFINED TERM.— 

9 ‘‘(1) IN GENERAL.—In this section, the term 

10 ‘de jure stateless person’ means an individual who is 

11 not considered a national under the laws of any 

12 country. Individuals who have lost their nationality 

13 as a result of their voluntary action or knowing inac14 tion after arrival in the United States shall not be 

15 considered de jure stateless persons. 

16 ‘‘(2) DESIGNATION OF SPECIFIC DE JURE

17 GROUPS.—The Secretary of Homeland Security, in 

18 consultation with the Secretary of State, may, in the 

19 discretion of the Secretary, designate specific groups 

20 of individuals who are considered de jure stateless 

21 persons, for purposes of this section. 

22 ‘‘(b) MECHANISMS FOR REGULARIZING THE STATUS

23 OF STATELESS PERSONS.— 

24 ‘‘(1) RELIEF FOR INDIVIDUALS DETERMINED

25 TO BE DE JURE STATELESS PERSONS.—The Sec26 retary of Homeland Security or the Attorney GenVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 eral may, in his or her discretion, provide conditional 

2 lawful status to an alien who is otherwise inadmis3 sible or deportable from the United States if the 

4 alien— 

5 ‘‘(A) is a de jure stateless person; 

6 ‘‘(B) applies for such relief; 

7 ‘‘(C) is not inadmissible under paragraph 

8 (2) or (3) of section 212(a); and 

9 ‘‘(D) is not described in section 

10 241(b)(3)(B)(i). 

11 ‘‘(2) WAIVERS.—The provisions of paragraphs 

12 (4), (5), (6)(A), (7)(A), and (9) of section 212(a) 

13 shall not be applicable to any alien seeking relief 

14 under paragraph (1), and the Secretary of Home15 land Security or the Attorney General may waive 

16 any other provision of such section (other than para17 graph (2)(C) or subparagraph (A), (B), (C), or (E) 

18 of paragraph (3)) with respect to such an alien for 

19 humanitarian purposes, to assure family unity, or 

20 when it is otherwise in the public interest. 

21 ‘‘(3) SUBMISSION OF PASSPORT OR TRAVEL

22 DOCUMENT.—Any alien who seeks benefits under 

23 this section must submit to the Secretary or the At24 torney General— 


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1 ‘‘(A) any passport or travel document 

2 issued at any time to the alien (whether or not 

3 the passport or document has expired or been 

4 cancelled, rescinded, or revoked); or 

5 ‘‘(B) an affidavit sworn under penalty of 

6 perjury stating that the alien has never been 

7 issued a passport or travel document, or identi8 fying with particularity any such passport or 

9 travel document and explaining why the alien 

10 cannot submit it. 

11 ‘‘(4) WORK AUTHORIZATION.—The Secretary 

12 may— 

13 ‘‘(A) authorize an alien who has applied 

14 for relief under paragraph (1) to engage in em15 ployment in the United States while such appli16 cation is being considered; and 

17 ‘‘(B) provide such applicant with an em18 ployment authorized endorsement or other ap19 propriate document signifying authorization of 

20 employment. 

21 ‘‘(5) TREATMENT OF SPOUSES AND CHIL22 DREN.—The spouse or child of an alien who has 

23 been granted conditional lawful status under para24 graph (1) shall, if not otherwise eligible for admis25 sion under paragraph (1), be granted conditional 


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1 lawful status under this section if accompanying, or 

2 following to join, such alien, provided that the 

3 spouse or child is admissible (except as otherwise 

4 provided in paragraph (2)), and provided further 

5 that the qualifying relationship to the principal bene6 ficiary existed on the date on which such alien was 

7 granted conditional lawful status. 

8 ‘‘(c) ADJUSTMENT OF STATUS.— 

9 ‘‘(1) INSPECTION AND EXAMINATION.—At the 

10 end of the 5-year period beginning on the date on 

11 which an alien has been granted conditional lawful 

12 status under subsection (b), the alien may apply for 

13 lawful permanent residence in the United States if— 

14 ‘‘(A) the alien has been physically present 

15 in the United States for at least 5 years; 

16 ‘‘(B) the alien’s conditional lawful status 

17 has not been terminated by the Secretary of 

18 Homeland Security or the Attorney General, 

19 pursuant to such regulations as the Secretary 

20 or the Attorney General may prescribe; and 

21 ‘‘(C) the alien has not otherwise acquired 

22 permanent resident status. 

23 ‘‘(2) REQUIREMENTS FOR ADJUSTMENT.—The 

24 Secretary or the Attorney General, under such regu25 lations as the Secretary or the Attorney General 


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1 may prescribe, may adjust the status of an alien 

2 granted conditional lawful status under subsection 

3 (b) to that of an alien lawfully admitted for perma4 nent residence if such alien— 

5 ‘‘(A) is a de jure stateless person; 

6 ‘‘(B) properly applies for such adjustment 

7 of status; 

8 ‘‘(C) has been physically present in the 

9 United States for at least 5 years after being 

10 granted conditional lawful status under sub11 section (b); 

12 ‘‘(D) is not firmly resettled in any foreign 

13 country; and 

14 ‘‘(E) is admissible (except as otherwise 

15 provided under subsection (b)(2)) as an immi16 grant under this chapter at the time of exam17 ination of such alien for adjustment of status. 

18 ‘‘(3) RECORD.—Upon approval of an applica19 tion under this subsection, the Secretary or the At20 torney General shall establish a record of the alien’s 

21 admission for lawful permanent residence as of the 

22 date that is 5 years before the date of such approval. 

23 ‘‘(d) PROVING THE CLAIM.—In determining an 

24 alien’s eligibility for lawful conditional status or adjust25 ment of status under this subsection, the Secretary or the 


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1 Attorney General shall consider any credible evidence rel2 evant to the application. The determination of what evi3 dence is credible and the weight to be given that evidence 

4 shall be within the sole discretion of the Secretary or the 

5 Attorney General. 

6 ‘‘(e) REVIEW.— 

7 ‘‘(1) ADMINISTRATIVE REVIEW.—No appeal 

8 shall lie from the denial of an application by the 

9 Secretary, but such denial will be without prejudice 

10 to the alien’s right to renew the application in pro11 ceedings under section 240. 

12 ‘‘(2) MOTIONS TO REOPEN.—Notwithstanding 

13 any limitation imposed by law on motions to reopen 

14 removal, deportation, or exclusion proceedings, any 

15 individual who is eligible for relief under this section 

16 may file 1 motion to reopen removal or deportation 

17 proceedings in order to apply for relief under this 

18 section, except that any such motion shall be filed 

19 not later than the later of— 

20 ‘‘(A) 2 years after the date of the enact21 ment of this section; or 

22 ‘‘(B) 90 days after the date of entry of a 

23 final administrative order of removal, deporta24 tion, or exclusion. 


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1 ‘‘(f) LIMITATION.—The provisions of this section 

2 shall apply only to aliens present in the United States. 

3 Nothing in this section may be construed to authorize or 

4 require— 

5 ‘‘(1) the admission of any alien to the United 

6 States; 

7 ‘‘(2) the parole of any alien into the United 

8 States; or 

9 ‘‘(3) the grant of any motion to reopen or re10 consider filed by an alien after departure or removal 

11 from the United States.’’. 

12 (b) JUDICIAL REVIEW.—Section 242(a)(2)(B)(ii) of 

13 the Immigration and Nationality Act (8 U.S.C. 

14 1252(a)(2)(B)(ii)) is amended by inserting ‘‘or 210A’’ 

15 after ‘‘208(a)’’. 

16 (c) CLERICAL AMENDMENT.—The table of contents 

17 for the Immigration and Nationality Act is amended by 

18 inserting after the item relating to section 210 the fol19 lowing: 

‘‘210A. Protection of stateless persons in the United States.’’. 

20 SEC. 277. AUTHORITY TO DESIGNATE CERTAIN GROUPS OF 

21 REFUGEES FOR CONSIDERATION. 

22 (a) IN GENERAL.—Section 207(c)(1) (8 U.S.C. 

23 1157(c)(1)) is amended— 

24 (1) by inserting ‘‘(A)’’ before ‘‘Subject to the 

25 numerical limitations’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(B)(i) The President, upon a recommendation of the 

3 Secretary of State made in consultation with the Secretary 

4 of Homeland Security, and after appropriate consultation, 

5 may designate specifically defined groups of aliens whose 

6 resettlement in the United States is justified by humani7 tarian concerns or is otherwise in the national interest and 

8 who share common characteristics that identify them as 

9 targets of persecution on account of race, religion, nation10 ality, membership in a particular social group, or political 

11 opinion or of other serious harm, or who, having been 

12 identified as targets of persecution on account of race, reli13 gion, nationality, membership in a particular social group, 

14 or political opinion or of other serious harm, share a com15 mon need for resettlement due to a specific vulnerability. 

16 ‘‘(ii) An alien who establishes membership in a group 

17 designated under clause (i) to the satisfaction of the Sec18 retary of Homeland Security shall be considered a refugee 

19 for purposes of admission as a refugee under this section, 

20 unless the Secretary determines that such alien ordered, 

21 incited, assisted or otherwise participated in the persecu22 tion of any person on account of race, religion, nationality, 

23 membership in a particular social group, or political opin24 ion. 

25 ‘‘(iii) A designation under clause (i)— 


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1 ‘‘(I) may be revoked by the President at any 

2 time after notification to Congress; 

3 ‘‘(II) if not revoked, shall expire at the end of 

4 each fiscal year; and 

5 ‘‘(III) may be renewed by the President after 

6 appropriate consultation. 

7 ‘‘(iv) Categories of aliens established under section 

8 599D of title V of Public Law 101–167 (8 U.S.C. 1157 

9 note) shall— 

10 ‘‘(I) be designated under clause (i) until the end 

11 of the first fiscal year commencing after the date of 

12 the enactment of this subparagraph; and 

13 ‘‘(II) be eligible for designation thereafter, at 

14 the discretion of the President. 

15 ‘‘(v) An alien’s admission under this subparagraph 

16 shall count against the refugee admissions goal under sub17 section (a). 

18 ‘‘(vi) A designation under clause (i) shall not influ19 ence decisions to grant, to any alien, asylum under section 

20 208, protection under section 241(b)(3), or protection 

21 under Article 3 of the Convention Against Torture and 

22 Other Cruel, Inhuman or Degrading Treatment or Pun23 ishment, done at New York December 10, 1984.’’. 

24 (b) WRITTEN REASONS FOR DENIALS OF REFUGEE

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1 ugee status of an alien who is within a category estab2 lished under this section shall be in writing and shall state, 

3 to the maximum extent feasible, the reason for the denial. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 subsection (a) shall take effect on the first day of the first 

6 fiscal year that begins after the date of the enactment of 

7 this Act. 

8 SEC. 278. ADMISSION OF REFUGEES IN THE ABSENCE OF 

9 THE ANNUAL PRESIDENTIAL DETERMINA10 TION. 

11 Section 207(a) (8 U.S.C. 1157(a)) is amended— 

12 (1) by striking paragraph (1); 

13 (2) by redesignating paragraphs (2), (3), (4), 

14 and (5) as paragraphs (1), (2), (3), and (4), respec15 tively; 

16 (3) in paragraph (1), as redesignated— 

17 (A) by striking ‘‘after fiscal year 1982’’; 

18 and 

19 (B) by adding at the end the following: ‘‘If 

20 the President does not issue a determination 

21 under this paragraph before the beginning of a 

22 fiscal year, the number of refugees that may be 

23 admitted under this section in each quarter be24 fore the issuance of such determination shall be 

25 25 percent of the number of refugees admissible 


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1 under this section during the previous fiscal 

2 year.’’; and 

3 (4) in paragraph (3), as redesignated, by strik4 ing ‘‘(beginning with fiscal year 1992)’’. 

5 Subtitle C—Reforming America’s 

6 Legal Immigration System 

7 PART I—STANDING COMMISSION ON FOREIGN 

8 WORKERS, LABOR MARKETS, AND THE NA9 TIONAL INTEREST 

10 SEC. 300. STANDING COMMISSION ON FOREIGN WORKERS, 

11 LABOR MARKETS, AND THE NATIONAL INTER12 EST. 

13 (a) ESTABLISHMENT OF COMMISSION.— 

14 (1) IN GENERAL.—There is established an inde15 pendent Federal agency within the executive branch 

16 to be known as the Standing Commission on For17 eign Workers, Labor Markets, and the National In18 terest (referred to in this section as the ‘‘Commis19 sion’’). 

20 (2) PURPOSES.—The purposes of the Commis21 sion are— 

22 (A) to establish employment-based immi23 gration policies that promote America’s eco24 nomic growth and competitiveness while miniVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 mizing job displacement, wage depression and 

2 unauthorized employment in the United States; 

3 (B) to create and implement a policy-fo4 cused research agenda on the economic impacts 

5 of immigration at the national, regional, State, 

6 industry and occupation levels; 

7 (C) to collect and analyze information 

8 about employment-based immigration and the 

9 labor market and share the data and analysis 

10 with lawmakers, researchers and the American 

11 public; 

12 (D) to recommend to the Congress and the 

13 President on a regular basis an evidence-based 

14 methodology for determining the level of em15 ployment-based immigration; 

16 (E) to recommend to Congress and the 

17 President the numeric levels and characteristics 

18 of workers to be admitted in various employ19 ment-based visa categories; 

20 (F) to work with the Department of Labor 

21 to conduct pilot programs to examine ways to 

22 improve the operation of foreign worker pro23 grams; and 

24 (G) to collect and analyze information 

25 about the economic, labor, security, and foreign 


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1 policy impacts of our Nation’s immigration poli2 cies. 

3 (3) MEMBERSHIP.—The Commission shall be 

4 composed of— 

5 (A) 7 voting members— 

6 (i) who shall be appointed by the 

7 President, with the advice and consent of 

8 the Senate, not later than 6 months after 

9 the date of the enactment of this Act; 

10 (ii) who shall serve for 5-year stag11 gered terms; 

12 (iii) 1 of whom the President shall ap13 point as Chair of the Commission to serve 

14 a 6-year term, which can be extended for 

15 1 additional 3-year term; 

16 (iv) who shall have expertise in eco17 nomics, demography, sociology, labor, busi18 ness, civil rights, immigration, or other 

19 pertinent qualifications or experience; 

20 (v) who may not be an employee of 

21 the Federal Government or of any State or 

22 local government; and 

23 (vi) not more than 4 of whom may be 

24 members of the same political party; and 

25 (B) 8 ex-officio members, including— 


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1 (i) the Secretary; 

2 (ii) the Secretary of State; 

3 (iii) the Attorney General; 

4 (iv) the Secretary of Labor; 

5 (v) the Secretary of Commerce; 

6 (vi) the Secretary of Health and 

7 Human Services; 

8 (vii) the Secretary of Agriculture; and 

9 (viii) the Commissioner of Social Se10 curity. 

11 (4) VACANCIES.—Any vacancy in the Commis12 sion shall be filled in the same manner as the origi13 nal appointment. 

14 (5) MEETINGS.— 

15 (A) INITIAL MEETING.—The Commission 

16 shall meet and begin carrying out the duties de17 scribed in subsection (b) as soon as practicable. 

18 (B) SUBSEQUENT MEETINGS.—After its 

19 initial meeting, the Commission shall meet upon 

20 the call of the Chair or a majority of its mem21 bers. 

22 (C) QUORUM.—Four voting members of 

23 the Commission shall constitute a quorum. 

24 (b) DUTIES OF THE COMMISSION.—The Commission 

25 shall collect, analyze, and publish data regarding— 


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1 (1) the historic migration patterns to and from 

2 the United States and demographic trends, including 

3 the birth rate, education levels, and age profiles of 

4 the immigrant and native population of the United 

5 States; 

6 (2) the national, regional, State, and local im7 pacts of employment-based immigration— 

8 (A) within industries and business sectors; 

9 (B) on wages, labor standards, occupa10 tions, and employment levels; 

11 (C) on small business; 

12 (D) on employment and unemployment lev13 els; 

14 (E) on economic growth, productivity, and 

15 competitiveness; 

16 (F) on national and border security; and 

17 (G) on local communities; 

18 (3) the development and implementation of the 

19 new worker program to admit H–2C nonimmigrants 

20 (referred to in this section as the ‘‘Program’’), in21 cluding— 

22 (A) the criteria for the admission of work23 ers under the Program; and 


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1 (B) the formula and methodologies for de2 termining the annual numerical limitations of 

3 the Program; 

4 (4) the current and anticipated needs of em5 ployers for skilled and unskilled labor; 

6 (5) the national interest; 

7 (6) the current and anticipated supply of skilled 

8 and unskilled labor; 

9 (7) the impact of employment-based immigra10 tion on the economic growth, competitiveness, labor 

11 standards, labor conditions, and wages; 

12 (8) the extent and impact of unauthorized em13 ployment in the United States; 

14 (9) the factors that determine the economic 

15 success of immigrants to the United States; 

16 (10) specific aspects of the Nation’s immigra17 tion policies and programs that Congress has re18 quested the Commission to examine or analyze; and 

19 (11) any other matters regarding the impact of 

20 employment-based immigration that the Commission 

21 considers appropriate. 

22 (c) ANNUAL REPORTS.— 

23 (1) PROGRAM EVALUATION.—Not later than 1 

24 year after the date of the enactment of this Act, and 


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1 annually thereafter, the Commission shall submit a 

2 report to the President and Congress that— 

3 (A) assesses the economic, labor, security, 

4 and foreign policy impacts of the Nation’s im5 migration policies; 

6 (B) evaluates the Program and defines a 

7 formula and methodologies for measuring the 

8 need for nonimmigrants in States, industries, 

9 and occupations; 

10 (C) recommends adjustments, based on the 

11 established methodologies, to the Program’s nu12 meric allocations for the subsequent fiscal year; 

13 and 

14 (D) reviews the issuance and allocations of 

15 employment-based immigrant and non16 immigrant visa categories. 

17 (2) EFFECT ON EMPLOYMENT LEVELS.—Not 

18 later than February 1 of each year, the Commission 

19 shall submit a report to Congress that contains— 

20 (A) the Commission’s recommendations on 

21 the increase or decrease in the number of em22 ployment-based immigrant visas to be made 

23 available for temporary or permanent employ24 ment under the Immigration and Nationality 


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1 Act and a statement of the reasons for such 

2 recommendations; and 

3 (B) the Commission’s recommendations on 

4 how many immigrant visas from the discre5 tionary national interest pool described in sec6 tion 301(e) should be added to the subsequent 

7 fiscal year’s annual immigrant visa allocations 

8 to comport with the increases recommended in 

9 subparagraph (A) and to which employment 

10 preference categories such visas should be 

11 added. 

12 (3) EFFECT OF CONGRESSIONAL INACTION.—If 

13 Congress does not enact a law to approve or dis14 approve the Commission’s recommendations under 

15 paragraph (2) not later than 90 days after receiving 

16 a report under such paragraph, the number of em17 ployment-based immigrant visas shall remain at the 

18 level authorized for the previous fiscal year. 

19 (d) NATIONAL INTEREST DEFINED.—For purposes 

20 of determining whether immigrant visas should be allo21 cated from the discretionary national interest pool in a 

22 given fiscal year, the term ‘‘national interest’’ shall be 

23 broadly defined and shall take into consideration— 

24 (1) national and regional unemployment rates; 

25 (2) unemployment rates by industry and sector; 


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1 (3) national and regional demographic and in2 dustry projections; 

3 (4) wage and labor impact; 

4 (5) education, workforce development, and so5 cial support considerations; 

6 (6) immigrant visa backlogs and length of fa7 milial separation; 

8 (7) national security and border security; 

9 (8) community impact assessments; and 

10 (9) competitiveness and economic growth. 

11 (e) POWERS OF THE COMMISSION.—The Commis12 sion, by vote of a majority of the members present and 

13 voting, shall have the power to— 

14 (1) establish general policies and promulgate 

15 such rules and regulations for the Commission as 

16 are necessary to carry out the purposes of this sec17 tion; 

18 (2) appoint and fix the salary and duties of the 

19 Staff Director of the Commission, who shall serve at 

20 the discretion of the Commission and who shall be 

21 compensated at a rate not to exceed the highest rate 

22 now or hereafter prescribed for Level 6 of the Senior 

23 Executive Service Schedule (5 U.S.C. 5382), and 

24 such other personnel as may be necessary to enable 

25 the Commission to carry out its functions; 


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1 (3) deny, revise, or ratify any request for reg2 ular, supplemental, or deficiency appropriations 

3 prior to any submission of such request to the Office 

4 of Management and Budget by the Chair; 

5 (4) utilize, with their consent, the services, 

6 equipment, personnel, information, and facilities of 

7 other Federal, State, local, and private agencies and 

8 instrumentalities with or without reimbursement for 

9 such utilization; 

10 (5) without regard to section 3324 of title 31, 

11 United States Code, enter into and perform such 

12 contracts, leases, cooperative agreements, and other 

13 transactions as may be necessary in the conduct of 

14 the functions of the Commission, with any public 

15 agency, or with any person, firm, association, cor16 poration, educational institution, or nonprofit orga17 nization; 

18 (6) accept and employ, in carrying out the pro19 visions of this title, voluntary and uncompensated 

20 services, notwithstanding the provisions of section 

21 1342 of title 31, United States Code, however, indi22 viduals providing such services shall not be consid23 ered Federal employees except for purposes of chap24 ter 81 of title 5, United States Code, with respect 


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1 to job-incurred disability and title 28, United States 

2 Code, with respect to tort claims; 

3 (7) request such information, data, and reports 

4 from any Federal agency as the Commission may 

5 from time to time require and as may be produced 

6 consistent with other law; 

7 (8) arrange with the head of any other Federal 

8 agency for the performance by such agency of any 

9 function of the Commission, with or without reim10 bursement; 

11 (9) establish a research and development pro12 gram within the Commission for the purpose of un13 derstanding and documenting the effects of immi14 gration and the admission of foreign workers on the 

15 labor market and national competitiveness; 

16 (10) collect systematically the data obtained 

17 from studies, research, and the empirical experience 

18 of public and private agencies concerning the need 

19 for and effects of immigration; 

20 (11) interview and confer with State and local 

21 officials, representatives of labor and industry, and 

22 experts in academia to obtain information about the 

23 need for or benefit of additional immigrant or non24 immigrant workers; 


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1 (12) make recommendations to Congress con2 cerning the numeric limitations of the immigrant 

3 and nonimmigrant employment-based visa categories 

4 and recommend modifications or the enactment of 

5 statutes relating to matters that the Commission 

6 finds to be necessary and advisable to carry out an 

7 effective immigration policy; 

8 (13) hold hearings and call witnesses to assist 

9 the Commission in the exercise of its powers or du10 ties; 

11 (14) retain and, in its discretion pay reasonable 

12 attorneys’ fees out if its appropriated funds to, pri13 vate attorneys who— 

14 (A) shall provide legal advice to the Com15 mission in the conduct of its work, or to appear 

16 for or represent the Commission in any case in 

17 which the Commission is authorized by law to 

18 represent itself, or in which the Commission is 

19 representing itself with the consent of the De20 partment of Justice; and 

21 (B) when serving as officers or employees 

22 of the United States, shall be considered special 

23 Government employees (as defined in section 

24 202(a) of title 18, United States Code); 


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1 (15) grant incentive awards to its employees 

2 pursuant to chapter 45 of title 5, United States 

3 Code; 

4 (16) create occupational, industry, and regional 

5 advisory committees; and 

6 (17) perform such other functions as may be 

7 necessary to carry out the purposes of this section, 

8 which may be delegated to any member or des9 ignated person, as appropriate. 

10 (f) INFORMATION AND ASSISTANCE FROM FEDERAL

11 AGENCIES.— 

12 (1) INFORMATION.—The head of any Federal 

13 department or agency that receives a request from 

14 the Commission for information, including sugges15 tions, estimates, and statistics, as the Commission 

16 considers necessary to carry out the provisions of 

17 this section, shall furnish such information to the 

18 Commission, to the extent allowed by law. 

19 (2) ASSISTANCE.— 

20 (A) GENERAL SERVICES ADMINISTRA21 TION.—The Administrator of General Services 

22 shall, on a reimbursable basis, provide the Com23 mission with administrative support and other 

24 services for the performance of the Commis25 sion’s functions. 


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1 (B) OTHER FEDERAL AGENCIES.—The de2 partments and agencies of the United States 

3 may provide the Commission with such services, 

4 funds, facilities, staff, and other support serv5 ices as the heads of such departments and 

6 agencies determine advisable and authorized by 

7 law. 

8 (g) PERSONNEL MATTERS.— 

9 (1) STAFF.— 

10 (A) APPOINTMENT AND COMPENSATION.— 

11 The Chair, in accordance with rules agreed 

12 upon by the Commission, may appoint and fix 

13 the compensation of a staff director and such 

14 other personnel as may be necessary to enable 

15 the Commission to carry out its functions. 

16 (B) FEDERAL EMPLOYEES.— 

17 (i) IN GENERAL.—Except as provided 

18 under clause (ii), the executive director and 

19 any personnel of the Commission who are 

20 employees shall be considered to be em21 ployees under section 2105 of title 5, 

22 United States Code, for purposes of chap23 ters 63, 81, 83, 84, 85, 87, 89, and 90 of 

24 such title. 


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1 (ii) COMMISSION MEMBERS.—Clause 

2 (i) shall not apply to members of the Com3 mission. 

4 (2) DETAILEES.—Any employee of the Federal 

5 Government may be detailed to the Commission 

6 without reimbursement from the Commission. Such 

7 detailee shall retain the rights, status, and privileges 

8 of his or her regular employment without interrup9 tion. 

10 (3) CONSULTANT SERVICES.—The Commission 

11 may procure the services of experts and consultants 

12 in accordance with section 3109 of title 5, United 

13 States Code, at rates not to exceed the daily rate 

14 paid a person occupying a position at level IV of the 

15 Executive Schedule under section 5315 of such title 

16 5. 

17 (h) COMPENSATION AND TRAVEL EXPENSES.— 

18 (1) COMPENSATION.—Each voting member of 

19 the Commission may be compensated at a rate not 

20 to exceed the daily equivalent of the annual rate of 

21 basic pay in effect for a position at level IV of the 

22 Executive Schedule under section 5315 of title 5, 

23 United States Code, for each day during which that 

24 member is engaged in the actual performance of the 

25 duties of the Commission. 


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1 (2) TRAVEL EXPENSES.—Members of the Com2 mission shall be allowed travel expenses, including 

3 per diem in lieu of subsistence, at rates authorized 

4 for employees of agencies under section 5703(b) of 

5 title 5, United States Code, while away from their 

6 homes or regular places of business in the perform7 ance of services for the Commission. 

8 PART II—FAMILY AND EMPLOYMENT VISA 

9 REFORMS 

10 CHAPTER 1—FAMILY AND EMPLOYMENT11 BASED IMMIGRANT VISAS 

12 SEC. 301. RECAPTURE OF IMMIGRANT VISAS LOST TO BU13 REAUCRATIC DELAY. 

14 (a) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM15 MIGRANTS.—Section 201(c) (8 U.S.C. 1151(c)) is amend16 ed to read as follows: 

17 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

18 IMMIGRANTS.— 

19 ‘‘(1) IN GENERAL.—Subject to subparagraph 

20 (B), the worldwide level of family-sponsored immi21 grants under this subsection for a fiscal year is 

22 equal to the sum of— 

23 ‘‘(A) 480,000; and 

24 ‘‘(B) the sum of— 


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1 ‘‘(i) the number computed under 

2 paragraph (2); and 

3 ‘‘(ii) the number computed under 

4 paragraph (3). 

5 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

6 FISCAL YEAR.—The number computed under this 

7 paragraph for a fiscal year is the difference, if any, 

8 between— 

9 ‘‘(A) the worldwide level of family-spon10 sored immigrant visas established for the pre11 vious fiscal year; and 

12 ‘‘(B) the number of visas issued under sec13 tion 203(a), subject to this subsection, during 

14 the previous fiscal year. 

15 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

16 YEARS 1992 THROUGH 2007.—The number computed 

17 under this paragraph is— 

18 ‘‘(A) the difference, if any, between— 

19 ‘‘(i) the sum of the worldwide levels of 

20 family-sponsored immigrant visas estab21 lished for fiscal years 1992 through 2007; 

22 and 

23 ‘‘(ii) the number of visas issued under 

24 section 203(a), subject to this subsection, 

25 during such fiscal years; and 


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1 ‘‘(B) the number of unused visas from fis2 cal years 1992 through 2007 that were issued 

3 after fiscal year 2007 under section 203(a), 

4 subject to this subsection.’’. 

5 (b) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

6 IMMIGRANTS.—Section 201(d) (8 U.S.C. 1151(d)) is 

7 amended to read as follows: 

8 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

9 IMMIGRANTS.— 

10 ‘‘(1) IN GENERAL.—The worldwide level of em11 ployment-based immigrants under this subsection for 

12 a fiscal year is equal to the sum of— 

13 ‘‘(A) 140,000; 

14 ‘‘(B) the number computed under para15 graph (2); and 

16 ‘‘(C) the number computed under para17 graph (3). 

18 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

19 FISCAL YEAR.—The number computed under this 

20 paragraph for a fiscal year is the difference, if any, 

21 between— 

22 ‘‘(A) the worldwide level of employment23 based immigrant visas established for the pre24 vious fiscal year; and 


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1 ‘‘(B) the number of visas issued under sec2 tion 203(b), subject to this subsection, during 

3 the previous fiscal year. 

4 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

5 YEARS 1992 THROUGH 2007.—The number computed 

6 under this paragraph is the difference, if any, be7 tween— 

8 ‘‘(A) the difference, if any, between— 

9 ‘‘(i) the sum of the worldwide levels of 

10 employment-based immigrant visas estab11 lished for each of fiscal years 1992 

12 through 2007; and 

13 ‘‘(ii) the number of visas issued under 

14 section 203(b), subject to this subsection, 

15 during such fiscal years; and 

16 ‘‘(B) the number of unused visas from fis17 cal years 1992 through 2007 that were issued 

18 after fiscal year 2007 under section 203(b), 

19 subject to this subsection.’’. 

20 (c) ALIENS NOT SUBJECT TO DIRECT NUMERICAL

21 LIMITATIONS.—Section 201(b)(1) (8 U.S.C. 1151(b)(1)) 

22 is amended by adding at the end the following: 

23 ‘‘(F) A derivative beneficiary as described 

24 in section 203(d) of an employment-based im25 migrant under section 203(b). 


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1 ‘‘(G) Aliens with extraordinary ability in 

2 the sciences, arts, education, business, or ath3 letics which has been demonstrated by sus4 tained national or international acclaim, if: 

5 ‘‘(i) the achievements of such alien 

6 have been recognized in the field through 

7 extensive documentation; 

8 ‘‘(ii) such alien seeks to enter the 

9 United States to continue work in the area 

10 of extraordinary ability; and 

11 ‘‘(iii) the entry of such alien into the 

12 United States will substantially benefit 

13 prospectively the United States. 

14 ‘‘(H) Aliens who have earned an advanced 

15 degree in the sciences (not including the social 

16 sciences), technology, engineering, or mathe17 matics from a United States institution of high18 er education (as defined in section 1001(a) of 

19 title 20) and have been working in a field re20 lated to their degree subject in the United 

21 States under a nonimmigrant visa during the 2- 

22 year period preceding their application for an 

23 immigrant visa under section 203(b). 

24 ‘‘(I) Alien physicians who have completed 

25 service requirements of a waiver or exemption 


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1 requested by an interested State agency or by 

2 an interested Federal agency under section 

3 214(l), including those alien physicians who 

4 completed such service before the date of the 

5 enactment of this subparagraph. 

6 ‘‘(J) Aliens who are eligible for adjustment 

7 of status under section 245(n)(1) as an alien 

8 who described in section 101(a)(15)(H)(ii)(c).’’ 

9 (d) REQUIREMENT TO SATISFY ELIGIBILITY RE10 QUIREMENTS.—Section 203 (8 U.S.C. 1153) is amended 

11 by adding at the end the following new subsection: 

12 ‘‘(i) REQUIREMENT TO SATISFY ELIGIBILITY RE13 QUIREMENTS.—Notwithstanding the inapplicability of the 

14 worldwide levels specified in sections 201(c) and (d) to 

15 aliens described in section 201(b)(1), aliens described in 

16 subparagraph (H) or (I) of section 201(b)(1) shall satisfy 

17 the requirements for eligibility for an immigrant visa 

18 under 1 of the preference categories under subsection 

19 (b).’’. 

20 (e) DISCRETIONARY NATIONAL INTEREST POOL.— 

21 The discretionary national interest pool is the number that 

22 is the average of the difference between— 

23 (1) the number of legal immigrant visas issued 

24 annually from fiscal year 1995 through fiscal year 

25 2010; and 


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1 (2) the number of legal immigrant visas issued 

2 annually plus unauthorized entries estimated annu3 ally by the Secretary of Homeland Security from fis4 cal year 1995 through fiscal year 2010. 

5 (f) APPLICABILITY.—The amendments made by sub6 section (c) shall apply to any immigrant petition or immi7 grant visa application— 

8 (1) pending on the date of the enactment of 

9 this Act; or 

10 (2) filed on or after such date of enactment. 

11 (g) ELIMINATION OF THE EB–1A PREFERENCE CAT12 EGORY.—Section 203(b)(1) (8 U.S.C. 1153(b)(1)) is 

13 amended— 

14 (1) by striking subparagraph (A); and 

15 (2) by redesignating subparagraphs (B) and 

16 (C) as subparagraphs (A) and (B), respectively. 

17 (h) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on the first day of the first 

19 fiscal year that commences no earlier than 9 months after 

20 the date of the enactment of the Comprehensive Immigra21 tion Reform Act of 2010. 


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1 SEC. 302. RECLASSIFICATION OF SPOUSES AND MINOR 

2 CHILDREN OF LAWFUL PERMANENT RESI3 DENTS AS IMMEDIATE RELATIVES. 

4 (a) IN GENERAL.—Section 201(b)(2) (8 U.S.C. 

5 1151(b)(2)) is amended to read as follows: 

6 ‘‘(2)(A)(i) Immediate relatives. 

7 ‘‘(ii) In this paragraph, the term ‘immediate 

8 relative’ means a child, spouse, or parent of a citizen 

9 of the United States or a child or spouse of a lawful 

10 permanent resident (and for each family member of 

11 a citizen or lawful permanent resident under this 

12 subparagraph, such individual’s spouse or child who 

13 is accompanying or following to join the individual), 

14 except that, in the case of parents, such citizens 

15 shall be at least 21 years of age. 

16 ‘‘(iii) If an alien who was the spouse of a citizen 

17 of the United States and was not legally separated 

18 from the citizen at the time of the citizen‘s death 

19 files a petition under section 204(a)(1)(A)(ii) not 

20 later than 2 years after the date of the citizen’s 

21 death, the alien and each child of the alien shall be 

22 remain, for purposes of this paragraph, an imme23 diate relative during the period beginning on the 

24 date of the citizen’s death and ending on the date 

25 on which the alien remarries. 


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1 ‘‘(iv) An alien who has filed a petition under 

2 clause (iii) or (iv) of section 204(a)(1)(A) shall re3 main, for purposes of this paragraph, a an imme4 diate relative if the United States citizen or lawful 

5 permanent resident spouse or parent loses United 

6 States citizenship on account of the abuse. 

7 ‘‘(B) Aliens admitted under section 211(a) on 

8 the basis of a prior issuance of a visa to their ac9 companying parent who is an immediate relative. 

10 ‘‘(C) Aliens born to an alien lawfully admitted 

11 for permanent residence during a temporary visit 

12 abroad.’’. 

13 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

14 203(a) (8 U.S.C. 1153(a)) is amended— 

15 (1) in paragraph (1), by striking ‘‘23,400’’ and 

16 inserting ‘‘127,200’’; 

17 (2) by striking paragraph (2) and inserting the 

18 following: 

19 ‘‘(2) UNMARRIED SONS AND UNMARRIED

20 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

21 Qualified immigrants who are the unmarried sons or 

22 unmarried daughters (but are not the children) of 

23 an alien lawfully admitted for permanent residence 

24 shall be allocated visas in a number not to exceed 


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1 80,640, plus any visas not required for the class 

2 specified in paragraph (1).’’; 

3 (3) in paragraph (3), by striking ‘‘23,400’’ and 

4 inserting ‘‘80,640’’; and 

5 (4) in paragraph (4), by striking ‘‘65,000’’ and 

6 inserting ‘‘191,520’’. 

7 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 (1) RULES FOR DETERMINING WHETHER CER9 TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 

10 201(f) (8 U.S.C. 1151(f)) is amended— 

11 (A) in paragraph (1), by striking ‘‘para12 graphs (2) and (3),’’ and inserting ‘‘paragraph 

13 (2),’’; 

14 (B) by striking paragraph (2); 

15 (C) by redesignating paragraphs (3) and 

16 (4) as paragraphs (2) and (3), respectively; and 

17 (D) in paragraph (3), as redesignated by 

18 subparagraph (C), by striking ‘‘through (3)’’ 

19 and inserting ‘‘and (2)’’. 

20 (2) NUMERICAL LIMITATION TO ANY SINGLE

21 FOREIGN STATE.—Section 202 (8 U.S.C. 1152) is 

22 amended— 

23 (A) in subsection (a)(4)— 

24 (i) by striking subparagraphs (A) and 

25 (B); 


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1 (ii) by redesignating subparagraphs 

2 (C) and (D) as subparagraphs (A) and 

3 (B), respectively; and 

4 (iii) in subparagraph (A), as redesig5 nated by clause (ii), by striking ‘‘section 

6 203(a)(2)(B)’’ and inserting ‘‘section 

7 203(a)(2)’’; and 

8 (B) in subsection (e), in the flush matter 

9 following paragraph (3), by striking ‘‘, or as 

10 limiting the number of visas that may be issued 

11 under section 203(a)(2)(A) pursuant to sub12 section (a)(4)(A)’’. 

13 (3) ALLOCATION OF IMMIGRATION VISAS.—Sec14 tion 203(h) (8 U.S.C. 1153(h)) is amended— 

15 (A) in paragraph (1)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘subsections 

18 (a)(2)(A) and (d)’’ and inserting ‘‘sub19 section (d)’’; 

20 (ii) in subparagraph (A), by striking 

21 ‘‘becomes available for such alien (or, in 

22 the case of subsection (d), the date on 

23 which an immigrant visa number became 

24 available for the alien’s parent),’’ and inVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 serting ‘‘became available for the alien’s 

2 parent,’’; and 

3 (iii) in subparagraph (B), by striking 

4 ‘‘applicable’’; 

5 (B) by amending paragraph (2) to read as 

6 follows: 

7 ‘‘(2) PETITIONS DESCRIBED.—The petition de8 scribed in this paragraph is a petition filed under 

9 section 204 for classification of the alien’s parent 

10 under subsection (a), (b), or (c).’’; and 

11 (C) in paragraph (3), by striking ‘‘sub12 sections (a)(2)(A) and (d)’’ and inserting ‘‘sub13 section (d)’’. 

14 (4) PROCEDURE FOR GRANTING IMMIGRANT

15 STATUS.—Section 204 (8 U.S.C. 1154) is amend16 ed— 

17 (A) in subsection (a)(1)— 

18 (i) in subparagraph (A)— 

19 (I) in clause (i), by inserting ‘‘or 

20 lawful permanent resident’’ after ‘‘cit21 izen’’; 

22 (II) in clause (ii), by striking 

23 ‘‘described in the second sentence of 

24 section 201(b)(2)(A)(i) also’’ and inVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 serting ‘‘, alien child, or alien parent 

2 described in section 201(b)(2)(A)’’; 

3 (III) in clause (iii)— 

4 (aa) in subclause (I)(aa), by 

5 inserting ‘‘or legal permanent 

6 resident’’ after ‘‘citizen’’; and 

7 (bb) in subclause (II)(aa)— 

8 (AA) in subitems (AA) 

9 and (BB), by inserting ‘‘or 

10 legal permanent resident;’’ 

11 after ‘‘citizen’’ each place 

12 that term appears; 

13 (BB) in subitem (CC), 

14 by inserting ‘‘or legal per15 manent resident’’ after ‘‘cit16 izen’’ each place that term 

17 appears; and 

18 (CC) in subitem 

19 (CC)(bbb), by inserting ‘‘or 

20 legal permanent resident’’ 

21 after ‘‘citizenship’’; 

22 (IV) in clause (iv), by inserting 

23 ‘‘or legal permanent resident’’ after 

24 ‘‘citizen’’ each place that term ap25 pears; 


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1 (V) in clause (v)(I), by inserting 

2 ‘‘or legal permanent resident’’ after 

3 ‘‘citizen’’; and 

4 (VI) in clause (vi)— 

5 (aa) by inserting ‘‘or legal 

6 permanent resident status’’ after 

7 ‘‘renunciation of citizenship’’; 

8 and 

9 (bb) by inserting ‘‘or legal 

10 permanent resident’’ after ‘‘abus11 er’s citizenship’’; 

12 (ii) by striking subparagraph (B); 

13 (iii) in subparagraph (C), by striking 

14 ‘‘subparagraph (A)(iii), (A)(iv), (B)(ii), or 

15 (B)(iii)’’ and inserting ‘‘clause (iii) or (iv) 

16 of subparagraph (A)’’; and 

17 (iv) in subparagraph (J), by striking 

18 ‘‘or clause (ii) or (iii) of subparagraph 

19 (B)’’; 

20 (B) in subsection (a), by striking para21 graph (2); 

22 (C) in subsection (c)(1), by striking ‘‘or 

23 preference status’’; and 

24 (D) in subsection (h), by striking ‘‘or a pe25 tition filed under subsection (a)(1)(B)(ii)’’. 


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1 (d) COUNTRY LIMIT.—Section 202(a)(2) (8 U.S.C. 

2 1152(a)(2)) is amended to read as follows: 

3 ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON4 SORED AND EMPLOYMENT-BASED IMMIGRANTS.— 

5 Subject to paragraphs (3), (4), and (5) the total 

6 number of immigrant visas made available to natives 

7 of any single foreign state under subsection (a) of 

8 section 203 in any fiscal year may not exceed 15 

9 percent of the total number of such visas made 

10 available under such subsection in that fiscal year.’’. 

11 SEC. 303. RETENTION OF PRIORITY DATE. 

12 Section 203(h)(3) (8 U.S.C. 1153(h)(3)) is amended 

13 to read as follows: 

14 ‘‘(3) RETENTION OF PRIORITY DATE.—If the 

15 age of an alien is determined under paragraph (1) 

16 to be 21 years of age or older for the purposes of 

17 subsections (a)(2)(A) and (d), and a parent of the 

18 alien files a petition under section 204 for classifica19 tion of such alien based upon a relationship de20 scribed in subsection (a), the priority date for such 

21 petition shall be the original priority date issued 

22 upon receipt of the original family- or employment23 based petition for which either parent was a bene24 ficiary.’’. 


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1 SEC. 304. DISCRETIONARY AUTHORITY WITH RESPECT TO 

2 REMOVAL OR DEPORTATION OF CITIZEN AND 

3 RESIDENT IMMEDIATE FAMILY MEMBERS. 

4 Section 240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended 

5 by adding at the end the following: 

6 ‘‘(D) JUDICIAL DISCRETION.—In the case 

7 of an alien subject to removal, deportation, or 

8 exclusion, the immigration judge may exercise 

9 discretion to decline to order the alien removed, 

10 deported or excluded from the United States if 

11 the judge determines that such removal, depor12 tation, or exclusion is against the public interest 

13 or would result in hardship to the alien’s 

14 United States citizen or permanent resident 

15 parent, spouse, or child except that this sub16 paragraph shall not apply to an alien whom the 

17 judge determines— 

18 ‘‘(i) is described in— 

19 ‘‘(I) subparagraph (B), (C), 

20 (D)(ii), (E), (H), (I), or (J) of section 

21 212(a)(2); 

22 ‘‘(II) section 212(a)(3); 

23 ‘‘(III) subparagraph (A), (C), or 

24 (D) of section 212(a)(10); or 

25 ‘‘(IV) section 237(a)(4); or 


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1 ‘‘(ii) has engaged in conduct described 

2 in paragraph (8) or (9) of section 103 of 

3 the Trafficking Victims Protection Act of 

4 2000 (22 U.S.C. 7102).’’. 

5 SEC. 305. MILITARY FAMILIES. 

6 (a) IN GENERAL.—Section 245 (8 U.S.C. 1255) is 

7 amended by adding at the end the following: 

8 ‘‘(n) ADJUSTMENT OF STATUS FOR IMMEDIATE FAM9 ILY MEMBERS OF MEMBERS OF THE ARMED FORCES.— 

10 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

11 Security shall adjust the status of an alien described 

12 in paragraph (2) to that of an alien lawfully admit13 ted for permanent residence if the alien— 

14 ‘‘(A) applies for such adjustment; 

15 ‘‘(B) is admissible to the United States as 

16 an immigrant, except as provided in paragraph 

17 (4); and 

18 ‘‘(C) is physically present in the United 

19 States. 

20 ‘‘(2) ALIENS ELIGIBLE FOR ADJUSTMENT OF

21 STATUS.—An alien described in this paragraph is an 

22 alien— 

23 ‘‘(A) who is a parent, spouse, child, son, 

24 daughter, or the legal guardian of a child of— 


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1 ‘‘(i) a living Armed Forces member; 

2 or 

3 ‘‘(ii) a deceased Armed Forces mem4 ber if— 

5 ‘‘(I) the Armed Forces member 

6 died as a result of injury or disease 

7 incurred in, or aggravated by, the 

8 Armed Forces member’s service; and 

9 ‘‘(II) the alien applies for such 

10 adjustment— 

11 ‘‘(aa) if the death of the 

12 Armed Forces member occurred 

13 before the date of the enactment 

14 of the CIR Act of 2011, not later 

15 than 2 years after such date of 

16 enactment; or 

17 ‘‘(bb) if the death of the 

18 Armed Forces member occurred 

19 after the date of the enactment 

20 of the CIR Act of 2011, not later 

21 than 2 years after the death of 

22 the Armed Forces member; or 

23 ‘‘(B) who is the spouse, child, son, or 

24 daughter of an alien described in subparagraph 

25 (A). 


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1 ‘‘(3) ARMED FORCES MEMBER DEFINED.—In 

2 this subsection, the term ‘Armed Forces member’ 

3 means an individual who— 

4 ‘‘(A) is, or was at the time of the individ5 ual’s death described in paragraph (2)(A)(ii)(I), 

6 a national of the United States or lawfully ad7 mitted for permanent residence; 

8 ‘‘(B) on or after October 7, 2001, served 

9 as a member of— 

10 ‘‘(i) the Armed Forces on active duty; 

11 ‘‘(ii) the National Guard; or 

12 ‘‘(iii) the Selected Reserve of the 

13 Ready Reserve; and 

14 ‘‘(C) if separated from the service de15 scribed in subparagraph (B), was separated 

16 under honorable conditions. 

17 ‘‘(4) INAPPLICABILITY OF CERTAIN GROUNDS

18 OF INADMISSIBILITY.— 

19 ‘‘(A) IN GENERAL.—The provisions of 

20 paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) 

21 of section 212(a) shall not apply to an adjust22 ment of status made pursuant to this sub23 section. 

24 ‘‘(B) WAIVER.—The Secretary of Home25 land Security or the Attorney General, as apVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00565 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 propriate, may waive any other provision of sec2 tion 212(a) (other than paragraph (2)(C) and 

3 subparagraphs (A), (B), (C), (E), and (F) of 

4 paragraph (3)) with respect to an adjustment of 

5 status made pursuant to this subsection— 

6 ‘‘(i) for humanitarian purposes; 

7 ‘‘(ii) to assure family unity; or 

8 ‘‘(iii) if such waiver is otherwise in the 

9 public interest. 

10 ‘‘(5) FEE AUTHORITY.—The Secretary of 

11 Homeland Security or the Secretary of State, as ap12 propriate, may establish a fee pursuant to section 

13 9701 of title 31, United States Code, for the proc14 essing of an application for an adjustment of status 

15 made pursuant to this subsection. 

16 ‘‘(6) JURISDICTION.— 

17 ‘‘(A) SECRETARY OF HOMELAND SECU18 RITY.—Except as provide in subparagraph (B), 

19 the Secretary of Homeland Security shall have 

20 exclusive jurisdiction to determine eligibility for 

21 an adjustment of status made pursuant to this 

22 subsection. 

23 ‘‘(B) ATTORNEY GENERAL.—Notwith24 standing paragraph (1) or subparagraph (A), in 

25 cases in which an alien has been placed into deVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 portation, exclusion, or removal proceedings, ei2 ther before or after filing an application for an 

3 adjustment of status under this subsection, the 

4 Attorney General shall have exclusive jurisdic5 tion and shall assume all the powers and duties 

6 of the Secretary of Homeland Security until 

7 proceedings are terminated, or if a final order 

8 of deportation, exclusion, or removal is en9 tered.’’. 

10 (b) EXEMPTION FROM DIRECT NUMERICAL LIMITA11 TIONS.—Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as 

12 amended by is amended section 301(c), is further amend13 ed by adding at the end the following: 

14 ‘‘(K) Aliens provided permanent residence sta15 tus under section 245(n).’’. 

16 SEC. 306. EQUAL TREATMENT FOR ALL STEPCHILDREN. 

17 Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is 

18 amended by striking ‘‘, provided the child had not reached 

19 the age of eighteen years at the time the marriage creating 

20 the status of stepchild occurred’’. 

21 SEC. 307. WIDOWS, WIDOWERS, AND ORPHANS. 

22 (a) PROTECTION FOR CERTAIN SURVIVING REL23 ATIVES.—Section 204(l)(1) (8 U.S.C. 1154(l)(1) is 

24 amended by adding at the end the following: ‘‘An alien 

25 is not required to reside in the United States to qualify 


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1 to have his or her petition or application adjudicated 

2 under this paragraph if the alien is described in subpara3 graph (A), (B), or (C) of paragraph (2) and his or her 

4 priority date was current at the time of the qualifying rel5 ative’s death or is described in subparagraph (D), (E), or 

6 (F) of paragraph (2).’’ 

7 ‘‘(1) IN GENERAL.—An alien described in para8 graph (2) who resided in the United States at the 

9 time of the death of the qualifying relative and who 

10 continues to reside in the United States’’. 

11 (b) CONTINUED WAIVER ELIGIBILITY FOR WIDOWS, 

12 WIDOWERS, AND ORPHANS.—Section 212(a)(1)(B) (8 

13 U.S.C. 1182(a)(1)(B)) is amended to read as follows: 

14 ‘‘(B) WAIVER FOR WIDOWS, WIDOWERS, 

15 AND ORPHANS.—An alien who would have been 

16 statutorily eligible for a waiver of inadmis17 sibility under this Act, if his or her qualifying 

18 relative had not died, may be considered for any 

19 waiver under this Act notwithstanding such 

20 death, which shall constitute the functional 

21 equivalent of extreme hardship to the qualifying 

22 relative.’’. 

23 (c) NATURALIZATION OF SURVIVING RELATIVES.— 

24 Section 319(a) (8 U.S.C. 1430(a)) is amended by insert25 ing ‘‘(or, if the spouse is deceased, the spouse was a citizen 


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1 of the United States)’’ after ‘‘citizen of the United 

2 States’’. 

3 SEC. 308. FIANCE ́ CHILD STATUS PROTECTION. 

4 (a) DEFINITION.—Section 101(a)(15)(K)(iii) (8 

5 U.S.C. 1101(a)(15)(K)(iii)) is amended by inserting ‘‘, 

6 provided that a determination of the age of such minor 

7 child is made using the age of the alien on the date on 

8 which the petition is filed with the Secretary of Homeland 

9 Security to classify the alien’s parent as the fiance ́ or 

10 fiance ́ of a United States citizen (in the case of an alien 

11 parent described in clause (i)) or as the spouse of a United 

12 States citizen under section 201(b)(2)(A)(i) (in the case 

13 of an alien parent described in clause (ii));’’ before the 

14 semicolon at the end. 

15 (b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 

16 214(d) (8 U.S.C. 1184(d)(1)) is amended— 

17 (1) by redesignating paragraphs (2) and (3) as 

18 paragraphs (3) and (4), respectively; and 

19 (2) in paragraph (1), by striking ‘‘In the event’’ 

20 and inserting the following: 

21 ‘‘(2)(A) If an alien does not marry the peti22 tioner under paragraph (1) within 3 months after 

23 the alien and the alien’s minor children are admitted 

24 into the United States, such alien and children shall 

25 be required to depart from the United States. If 


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1 such aliens fail to depart from the United States, 

2 they shall be removed in accordance with sections 

3 240 and 241. 

4 ‘‘(B) Subject to subparagraphs (C) and (D), if 

5 an alien marries the petitioner described in section 

6 101(a)(15)(K)(i) within 3 months after the alien is 

7 admitted into the United States, the Secretary of 

8 Homeland Security or the Attorney General, subject 

9 to the provisions of section 245(d), may adjust the 

10 status of the alien, and any minor children accom11 panying or following to join the alien, to that of an 

12 alien lawfully admitted for permanent residence on 

13 a conditional basis under section 216 if the alien 

14 and any such minor children apply for such adjust15 ment and are not determined to be inadmissible to 

16 the United States. 

17 ‘‘(C) Paragraphs (5) and (7)(A) of section 

18 212(a) shall not apply to an alien who is eligible to 

19 apply for adjustment of his or her status to an alien 

20 lawfully admitted for permanent residence under this 

21 section. 

22 ‘‘(D) An alien eligible for a waiver of inadmis23 sibility as otherwise authorized under this Act shall 

24 be permitted to apply for adjustment of his or her 


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1 status to that of an alien lawfully admitted for per2 manent residence under this section.’’. 

3 (c) AGE DETERMINATION.—Section 245(d) (8 U.S.C. 

4 1155(d)) is amended— 

5 (1) by inserting ‘‘(1)’’ before ‘‘The Attorney 

6 General’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(2) A determination of the age of an alien ad9 mitted to the United States under section 

10 101(a)(15)(K)(iii) shall be made, for purposes of ad11 justment to the status of an alien lawfully admitted 

12 for permanent residence on a conditional basis under 

13 section 216, using the age of the alien on the date 

14 on which the petition is filed with the Secretary of 

15 Homeland Security to classify the alien’s parent as 

16 the fiance ́ or fiance ́ of a United States citizen (in the 

17 case of an alien parent admitted to the United 

18 States under section 101(a)(15)(K)(i)) or as the 

19 spouse of a United States citizen under section 

20 201(b)(2)(A)(i) (in the case of an alien parent ad21 mitted to the United States under section 

22 101(a)(15)(K)(ii)).’’. 

23 (d) EFFECTIVE DATE.— 

24 (1) IN GENERAL.—The amendments made by 

25 this subsection shall be effective as if included in the 


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1 Immigration Marriage Fraud Amendments of 1986 

2 (Public Law 99–639). 

3 (2) APPLICABILITY.—The amendments made 

4 by this subsection shall apply to all petitions or ap5 plications described in such amendments that— 

6 (A) are pending as of the date of the en7 actment of this Act; or 

8 (B) have been denied, but would have been 

9 approved if such amendments had been in effect 

10 at the time of adjudication of the petition or 

11 application. 

12 (3) MOTION TO REOPEN OR RECONSIDER.—A 

13 motion to reopen or reconsider a petition or applica14 tion described in subparagraph (B)(ii) shall be 

15 granted if such motion is filed with the Secretary or 

16 the Attorney General not later than 2 years after 

17 the date of the enactment of this Act. 

18 SEC. 309. SPECIAL HUMANITARIAN VISAS. 

19 Section 103 (8 U.S.C. 1103) is amended by adding 

20 at the end the following: 

21 ‘‘(i) AUTHORITY TO WAIVE ELIGIBILITY REQUIRE22 MENTS FOR SPECIAL HUMANITARIAN CONSIDER23 ATIONS.—Notwithstanding any other provision of law, the 

24 Secretary of Homeland Security may waive any require25 ments under this Act on behalf of not more than 1,000 


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1 aliens whose circumstances involve special humanitarian 

2 considerations.’’. 

3 SEC. 310. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR 

4 CERTAIN VETERANS FROM THE PHILIPPINES. 

5 Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 

6 by this subtitle, is further amended by adding at the end 

7 the following: 

8 ‘‘(L) Aliens who are eligible for an immigrant 

9 visa under paragraph (1) or (3) of section 203(a) 

10 and have a parent (regardless of whether the parent 

11 is living or dead) who was naturalized pursuant to 

12 section 405 of the Immigration Act of 1990 (8 

13 U.S.C. 1440 note) or title III of the Act of October 

14 14, 1940 (8 U.S.C. 501 et seq.), as in effect between 

15 March 27, 1942 and December 24, 1952.’’. 

16 SEC. 311. AFFIDAVIT OF SUPPORT. 

17 Section 213A (8 U.S.C. 1183a) is amended— 

18 (1) in subsection (a)(1)(A) by striking ‘‘125’’ 

19 and inserting ‘‘100’’; 

20 (2) in subsection (f)(1)(E), by striking ‘‘125’’ 

21 and inserting ‘‘100’’; 

22 (3) in subsection (f)(4)(B)(i), by striking ‘‘125’’ 

23 and inserting ‘‘100’’; and 

24 (4) in subsection (f)(5)(A), by striking ‘‘125’’ 

25 and inserting ‘‘100’’. 


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1 SEC. 312. RETAINING WORKERS SUBJECT TO GREEN CARD 

2 BACKLOG. 

3 (a) ADJUSTMENT OF STATUS.— 

4 (1) IN GENERAL.—Section 245 (8 U.S.C. 

5 1255), as amended by section 305, is further 

6 amended by adding at the end the following: 

7 ‘‘(o) ADJUSTMENT OF STATUS FOR EMPLOYMENT8 BASED IMMIGRANTS.— 

9 ‘‘(1) ELIGIBILITY.—The Secretary of Homeland 

10 Security shall promulgate regulations to provide for 

11 the filing of an application for adjustment of status 

12 by an alien (and any eligible dependents of such 

13 alien), regardless of whether an immigrant visa is 

14 immediately available at the time the application is 

15 filed, if the alien— 

16 ‘‘(A) has an approved petition under sub17 paragraph (E) or (F) of section 204(a)(1); or 

18 ‘‘(B) at the discretion of the Secretary, has 

19 a pending petition under subparagraph (E) or 

20 (F) of section 204(a)(1). 

21 ‘‘(2) VISA AVAILABILITY.—An application filed 

22 pursuant to paragraph (1) may not be approved 

23 until an immigrant visa becomes available. 

24 ‘‘(3) FEES.—If an application is filed pursuant 

25 to paragraph (1), the beneficiary of such application 

26 shall pay a supplemental fee of $500. Such fee may 


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1 not be charged to any dependent accompanying or 

2 following to join such beneficiary. 

3 ‘‘(4) EXTENSION OF EMPLOYMENT AUTHORIZA4 TION AND ADVANCED PAROLE DOCUMENT.— 

5 ‘‘(A) IN GENERAL.—The Secretary of 

6 Homeland Security shall provide employment 

7 authorization and advanced parole documents, 

8 in 3-year increments, to beneficiaries of an ap9 plication for adjustment of status based on a 

10 petition that is filed or, at the discretion of the 

11 Secretary, pending, under subparagraph (E) or 

12 (F) of section 204(a)(1). 

13 ‘‘(B) FEE ADJUSTMENTS.—Application 

14 fees under this subsection may be adjusted in 

15 accordance with the 3-year period of validity as16 signed to the employment authorization or ad17 vanced parole documents under subparagraph 

18 (A).’’. 

19 (b) USE OF FEES.—Section 286 (8 U.S.C. 1356) is 

20 amended— 

21 (1) in subsection (m)— 

22 (A) by striking ‘‘Notwithstanding any 

23 other provisions of law,’’ and inserting the fol24 lowing: 

25 ‘‘(c) IMMIGRATION EXAMINATIONS FEE ACCOUNT.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, all fees collected under section 

3 245(o)(3) and’’; 

4 (B) by striking ‘‘: Provided, however, That 

5 all’’ and inserting the following: 

6 ‘‘(2) VIRGIN ISLANDS; GUAM.—All’’; and 

7 (C) by striking ‘‘: Provided further, That 

8 fees’’ and inserting the following: 

9 ‘‘(3) COST RECOVERY.—Fees’’. 

10 (2) in subsection (n)— 

11 (A) by striking ‘‘(n) All deposits’’ and in12 serting the following: 

13 ‘‘(4) USE OF FUNDS.— 

14 ‘‘(A) IN GENERAL.—Except as provided 

15 under subparagraph (B), all deposits’’; and 

16 (B) adding at the end the following: 

17 ‘‘(C) SUPPLEMENTAL FEE FOR ADJUST18 MENT OF STATUS OF EMPLOYMENT-BASED IM19 MIGRANTS.—Any amounts deposited into the 

20 Immigration Examinations Fee Account that 

21 were collected under section 245(o)(3) shall re22 main available until expended by the Secretary 

23 of Homeland Security for backlog reduction and 

24 clearing security background check delays.’’; 


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1 (3) in subsection (o), by striking ‘‘(o) The At2 torney General’’ and inserting the following: 

3 ‘‘(5) ANNUAL FINANCIAL REPORT TO CON4 GRESS.—The Attorney General’’; and 

5 (4) in subsection (p), by striking ‘‘(p) The pro6 visions set forth in subsections (m), (n), and (o) of 

7 this section’’ and inserting the following: 

8 ‘‘(6) APPLICABILITY.—The provisions set forth 

9 in this subsection shall’’. 

10 CHAPTER 2—UNITING AMERICAN 

11 FAMILIES ACT 

12 SEC. 315. SHORT TITLE. 

13 This chapter may be cited as the ‘‘Uniting American 

14 Families Act of 2011’’. 

15 SEC. 316. DEFINITIONS OF PERMANENT PARTNER AND 

16 PERMANENT PARTNERSHIP. 

17 Section 101(a) (8 U.S.C. 1101(a)) is amended— 

18 (1) in paragraph (15)(K)(ii), by inserting ‘‘or 

19 permanent partnership’’ after ‘‘marriage’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(52) The term ‘permanent partner’ means an 

22 individual 18 years of age or older who— 

23 ‘‘(A) is in a committed, intimate relation24 ship with another individual 18 years of age or 


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1 older in which both individuals intend a lifelong 

2 commitment; 

3 ‘‘(B) is financially interdependent with 

4 that other individual; 

5 ‘‘(C) is not married to, or in a permanent 

6 partnership with, any individual other than that 

7 other individual; 

8 ‘‘(D) is unable to contract with that other 

9 individual a marriage cognizable under this Act; 

10 and 

11 ‘‘(E) is not a first, second, or third degree 

12 blood relation of that other individual. 

13 ‘‘(53) The term ‘permanent partnership’ means 

14 the relationship that exists between 2 permanent 

15 partners.’’. 

16 SEC. 317. IMMIGRANT VISAS. 

17 (a) WORLDWIDE LEVEL OF IMMIGRATION.—Section 

18 201(b)(2)(A) (8 U.S.C. 1151(b)(2)(A)), as amended by 

19 section 302, is further amended— 

20 (1) by striking ‘‘spouse’’ each place it appears 

21 and inserting ‘‘spouse or permanent partner’’; 

22 (2) by inserting ‘‘(or, in the case of a perma23 nent partnership, whose permanent partnership was 

24 not terminated)’’ after ‘‘was not legally separated 

25 from the citizen’’; and 


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1 (3) by striking ‘‘remarries.’’ and inserting ‘‘re2 marries or enters a permanent partnership with an3 other person.’’. 

4 (b) NUMERICAL LIMITATIONS ON INDIVIDUAL FOR5 EIGN STATES.— 

6 (1) PER COUNTRY LEVELS.—Section 202(a)(4) 

7 (8 U.S.C. 1152(a)(4)) is amended— 

8 (A) in the paragraph heading, by inserting 

9 ‘‘, PERMANENT PARTNERS,’’ after ‘‘SPOUSES’’; 

10 (B) in the heading of subparagraph (A), by 

11 inserting ‘‘, PERMANENT PARTNERS,’’ after 

12 ‘‘SPOUSES’’; and 

13 (C) in the heading of subparagraph (C), by 

14 striking ‘‘AND DAUGHTERS’’ inserting ‘‘WITH15 OUT PERMANENT PARTNERS AND UNMARRIED

16 DAUGHTERS WITHOUT PERMANENT PART17 NERS’’. 

18 (2) RULES FOR CHARGEABILITY.—Section 

19 202(b)(2) (8 U.S.C. 1152(b)(2)) is amended— 

20 (A) by striking ‘‘his spouse’’ and inserting 

21 ‘‘his or her spouse or permanent partner’’; 

22 (B) by striking ‘‘such spouse’’ each place it 

23 appears and inserting ‘‘such spouse or perma24 nent partner’’; and 


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1 (C) by inserting ‘‘or permanent partners’’ 

2 after ‘‘husband and wife’’. 

3 (c) ALLOCATION.— 

4 (1) PREFERENCE ALLOCATION FOR FAMILY

5 MEMBERS OF PERMANENT RESIDENT ALIENS.—Sec6 tion 203(a)(2) (8 U.S.C. 1153(a)(2)) is amended— 

7 (A) by striking the paragraph heading and 

8 inserting the following: 

9 ‘‘(B) SPOUSES, PERMANENT PARTNERS, 

10 UNMARRIED SONS WITHOUT PERMANENT PART11 NERS, AND UNMARRIED DAUGHTERS WITHOUT

12 PERMANENT PARTNERS OF PERMANENT RESI13 DENT ALIENS.—’’; 

14 (B) in subparagraph (A), by inserting ‘‘, 

15 permanent partners,’’ after ‘‘spouses’’; and 

16 (C) in subparagraph (B), by striking ‘‘or 

17 unmarried daughters’’ and inserting ‘‘without 

18 permanent partners or the unmarried daughters 

19 without permanent partners’’. 

20 (2) PREFERENCE ALLOCATION FOR SONS AND

21 DAUGHTERS OF CITIZENS.—Section 203(a)(3) (8 

22 U.S.C. 1153(a)(3)) is amended— 

23 (A) by striking the paragraph heading and 

24 inserting the following: 


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1 ‘‘(2) MARRIED SONS AND DAUGHTERS OF CITI2 ZENS AND SONS AND DAUGHTERS WITH PERMANENT

3 PARTNERS OF CITIZENS.—’’; and 

4 (B) by inserting ‘‘, or sons or daughters 

5 with permanent partners,’’ after ‘‘daughters’’. 

6 (3) EMPLOYMENT CREATION.—Section 

7 203(b)(5)(A)(ii) (8 U.S.C. 1153(b)(5)(A)(ii)) is 

8 amended by inserting ‘‘permanent partner,’’ after 

9 ‘‘spouse,’’. 

10 (4) TREATMENT OF FAMILY MEMBERS.—Sec11 tion 203(d) (8 U.S.C. 1153(d)) is amended— 

12 (A) by inserting ‘‘or permanent partner’’ 

13 after ‘‘section 101(b)(1)’’; and 

14 (B) by inserting ‘‘, permanent partner,’’ 

15 after ‘‘the spouse’’. 

16 (d) PROCEDURES.— 

17 (1) CLASSIFICATION PETITIONS.—Section 

18 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended— 

19 (A) in subparagraph (A)— 

20 (i) in clause (ii), by inserting ‘‘or per21 manent partner’’ after ‘‘spouse’’; 

22 (ii) in clause (iii)— 

23 (I) by inserting ‘‘or permanent 

24 partner’’ after ‘‘spouse’’ each place it 

25 appears; and 


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1 (II) in subclause (I), by inserting 

2 ‘‘or permanent partnership’’ after 

3 ‘‘marriage’’ each place it appears; 

4 (iii) in clause (v)(I), by inserting ‘‘per5 manent partner,’’ after ‘‘is the spouse,’’; 

6 and 

7 (iv) in clause (vi)— 

8 (I) by inserting ‘‘or termination 

9 of the permanent partnership’’ after 

10 ‘‘divorce’’; and 

11 (II) by inserting ‘‘, permanent 

12 partner,’’ after ‘‘spouse’’; and 

13 (B) in subparagraph (B)— 

14 (i) by inserting ‘‘or permanent part15 ner’’ after ‘‘spouse’’ each place it appears; 

16 and 

17 (ii) in clause (ii)— 

18 (I) in subclause (I)(aa), by in19 serting ‘‘or permanent partnership’’ 

20 after ‘‘marriage’’; 

21 (II) in subclause (I)(bb), by in22 serting ‘‘or permanent partnership’’ 

23 after ‘‘marriage’’ the first place it ap24 pears; and 


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1 (III) in subclause (II)(aa), by in2 serting ‘‘(or the termination of the 

3 permanent partnership)’’ after ‘‘termi4 nation of the marriage’’. 

5 (2) IMMIGRATION FRAUD PREVENTION.—Sec6 tion 204(c) (8 U.S.C. 1154(c)) is amended— 

7 (A) by inserting ‘‘or permanent partner’’ 

8 after ‘‘spouse’’ each place it appears; and 

9 (B) by inserting ‘‘or permanent partner10 ship’’ after ‘‘marriage’’ each place it appears. 

11 SEC. 318. REFUGEES AND ASYLEES. 

12 (a) ANNUAL ADMISSION OF REFUGEES AND ADMIS13 SION OF EMERGENCY SITUATION REFUGEES.—Section 

14 207(c) (8 U.S.C. 1157(c)) is amended— 

15 (1) in paragraph (2)— 

16 (A) by inserting ‘‘, permanent partner,’’ 

17 after ‘‘spouse’’ each place it appears; and 

18 (B) by inserting ‘‘, permanent partner’s,’’ 

19 after ‘‘spouse’s’’; and 

20 (2) in paragraph (4), by inserting ‘‘, permanent 

21 partner,’’ after ‘‘spouse’’. 

22 (b) ASYLUM.—Section 208(b)(3) (8 U.S.C. 

23 1158(b)(3)) is amended— 

24 (1) in the paragraph heading, by inserting ‘‘, 

25 PERMANENT PARTNER,’’ after ‘‘SPOUSE’’; and 


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1 (2) in subparagraph (A), by inserting ‘‘, perma2 nent partner,’’ after ‘‘spouse’’. 

3 (c) ADJUSTMENT OF STATUS OF REFUGEES.—Sec4 tion 209(b)(3) (8 U.S.C. 1159(b)(3)) is amended by in5 serting ‘‘, permanent partner,’’ after ‘‘spouse’’. 

6 SEC. 319. INADMISSIBLE ALIENS. 

7 (a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR

8 ADMISSION.—Section 212(a) (8 U.S.C. 1182(a)) is 

9 amended— 

10 (1) in paragraph (3)(D)(iv), by inserting ‘‘per11 manent partner,’’ after ‘‘spouse,’’; 

12 (2) in paragraph (4)(C)(i)(I), by inserting ‘‘, 

13 permanent partner,’’ after ‘‘spouse’’; 

14 (3) in paragraph (6)(E)(ii), by inserting ‘‘per15 manent partner,’’ after ‘‘spouse,’’; and 

16 (4) in paragraph (9)(B)(v), by inserting ‘‘, per17 manent partner,’’ after ‘‘spouse’’. 

18 (b) WAIVERS.—Section 212(d) (8 U.S.C. 1182(d)) is 

19 amended— 

20 (1) in paragraph (11), by inserting ‘‘permanent 

21 partner,’’ after ‘‘spouse,’’; and 

22 (2) in paragraph (12), by inserting ‘‘, perma23 nent partner,’’ after ‘‘spouse’’. 

24 (c) WAIVERS OF INADMISSIBILITY ON HEALTH-RE25 LATED GROUNDS.—Section 212(g)(1)(A) (8 U.S.C. 


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1 1182(g)(1)(A)) is amended by inserting ‘‘, permanent 

2 partner,’’ after ‘‘spouse’’. 

3 (d) WAIVERS OF INADMISSIBILITY ON CRIMINAL AND

4 RELATED GROUNDS.—Section 212(h)(1)(B) (8 U.S.C. 

5 1182(h)(1)(B)) is amended by inserting ‘‘permanent part6 ner,’’ after ‘‘spouse,’’. 

7 (e) WAIVER OF INADMISSIBILITY FOR MISREPRESEN8 TATION.—Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is 

9 amended by inserting ‘‘permanent partner,’’ after 

10 ‘‘spouse,’’. 

11 SEC. 320. NONIMMIGRANT STATUS FOR PERMANENT PART12 NERS AWAITING THE AVAILABILITY OF AN 

13 IMMIGRANT VISA. 

14 Section 214(r) (8 U.S.C. 1184(r)) is amended— 

15 (1) in paragraph (1), by inserting ‘‘or perma16 nent partner’’ after ‘‘spouse’’; and 

17 (2) in paragraph (2), by inserting ‘‘or perma18 nent partnership’’ after ‘‘marriage’’ each place it ap19 pears. 

20 SEC. 321. CONDITIONAL PERMANENT RESIDENT STATUS. 

21 (a) CERTAIN ALIEN SPOUSES, PERMANENT PART22 NERS, AND SONS AND DAUGHTERS.— 

23 (1) SECTION HEADING.— 

24 (A) IN GENERAL.—The heading for section 

25 216 (8 U.S.C. 1186a) is amended by striking 


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1 ‘‘AND SONS’’ and inserting ‘‘, PERMANENT

2 PARTNERS, SONS,’’. 

3 (B) CLERICAL AMENDMENT.—The table of 

4 contents is amended by amending the item re5 lating to section 216 to read as follows: 

‘‘Sec. 216. Conditional permanent resident status for certain alien spouses, permanent partners, sons, and daughters.’’. 

6 (2) IN GENERAL.—Section 216(a) (8 U.S.C. 

7 1186a(a)) is amended— 

8 (A) in paragraph (1), by inserting ‘‘or per9 manent partner’’ after ‘‘spouse’’; and 

10 (B) in paragraph (2)— 

11 (i) in subparagraph (A), by inserting 

12 ‘‘or permanent partner’’ after ‘‘spouse’’; 

13 (ii) in subparagraph (B), by inserting 

14 ‘‘permanent partner,’’ after ‘‘spouse,’’; and 

15 (iii) in subparagraph (C), by inserting 

16 ‘‘permanent partner,’’ after ‘‘spouse,’’. 

17 (3) TERMINATION OF STATUS IF FINDING THAT

18 QUALIFYING MARRIAGE IMPROPER.—Section 216(b) 

19 (8 U.S.C. 1186a(b)) is amended— 

20 (A) in the subsection heading, by inserting 

21 ‘‘OR PERMANENT PARTNERSHIP’’ after ‘‘MAR22 RIAGE’’; and 

23 (B) in paragraph (1)(A)— 


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1 (i) by inserting ‘‘or permanent part2 nership’’ after ‘‘marriage’’; and 

3 (ii) in clause (ii)— 

4 (I) by inserting ‘‘or has ceased to 

5 satisfy the criteria for being consid6 ered a permanent partnership under 

7 this Act,’’ after ‘‘terminated,’’; and 

8 (II) by inserting ‘‘or permanent 

9 partner’’ after ‘‘spouse’’. 

10 (4) REQUIREMENTS OF TIMELY PETITION AND

11 INTERVIEW FOR REMOVAL OF CONDITION.—Section 

12 216(c) (8 U.S.C. 1186a(c)) is amended— 

13 (A) in paragraphs (1), (2)(A)(ii), 

14 (3)(A)(ii), (3)(C), (4)(B), and (4)(C), by insert15 ing ‘‘or permanent partner’’ after ‘‘spouse’’ 

16 each place it appears; and 

17 (B) in paragraph (3)(A), (3)(D), (4)(B), 

18 and (4)(C), by inserting ‘‘or permanent part19 nership’’ after ‘‘marriage’’ each place it ap20 pears. 

21 (5) CONTENTS OF PETITION.—Section 

22 216(d)(1) (8 U.S.C. 1186a(d)(1)) is amended— 

23 (A) in subparagraph (A)— 


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1 (i) in the heading, by inserting ‘‘OR

2 PERMANENT PARTNERSHIP’’ after ‘‘MAR3 RIAGE’’; 

4 (ii) in clause (i)— 

5 (I) by inserting ‘‘or permanent 

6 partnership’’ after ‘‘marriage’’; 

7 (II) in subclause (I), by inserting 

8 before the comma at the end ‘‘, or is 

9 a permanent partnership recognized 

10 under this Act’’; and 

11 (III) in subclause (II)— 

12 (aa) by inserting ‘‘or has not 

13 ceased to satisfy the criteria for 

14 being considered a permanent 

15 partnership under this Act,’’ 

16 after ‘‘terminated,’’; and 

17 (bb) by inserting ‘‘or perma18 nent partner’’ after ‘‘spouse’’; 

19 and 

20 (iii) in clause (ii), by inserting ‘‘or 

21 permanent partner’’ after ‘‘spouse’’; and 

22 (B) in subparagraph (B)(i)— 

23 (i) by inserting ‘‘or permanent part24 nership’’ after ‘‘marriage’’; and 


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1 (ii) by inserting ‘‘or permanent part2 ner’’ after ‘‘spouse’’. 

3 (6) DEFINITIONS.—Section 216(g) (8 U.S.C. 

4 1186a(g)) is amended— 

5 (A) in paragraph (1)— 

6 (i) by inserting ‘‘or permanent part7 ner’’ after ‘‘spouse’’ each place it appears; 

8 and 

9 (ii) by inserting ‘‘or permanent part10 nership’’ after ‘‘marriage’’ each place it ap11 pears; 

12 (B) in paragraph (2), by inserting ‘‘or per13 manent partnership’’ after ‘‘marriage’’; 

14 (C) in paragraph (3), by inserting ‘‘or per15 manent partnership’’ after ‘‘marriage’’; and 

16 (D) in paragraph (4)— 

17 (i) by inserting ‘‘or permanent part18 ner’’ after ‘‘spouse’’ each place it appears; 

19 and 

20 (ii) by inserting ‘‘or permanent part21 nership’’ after ‘‘marriage’’. 

22 (b) CERTAIN ALIEN ENTREPRENEURS, SPOUSES, 

23 PERMANENT PARTNERS, AND CHILDREN.— 

24 (1) IN GENERAL.—Section 216A (8 U.S.C. 

25 1186b) is amended— 


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1 (A) in the section heading, by inserting ‘‘, 

2 PERMANENT PARTNERS,’’ after ‘‘SPOUSES’’; and 

3 (B) in paragraphs (1), (2)(A), (2)(B), and 

4 (2)(C), by inserting ‘‘or permanent partner’’ 

5 after ‘‘spouse’’ each place it appears. 

6 (2) TERMINATION OF STATUS IF FINDING THAT

7 QUALIFYING ENTREPRENEURSHIP IMPROPER.—Sec8 tion 216A(b)(1) (8 U.S.C. 1186b(b)(1)) is amended 

9 by inserting ‘‘or permanent partner’’ after ‘‘spouse’’ 

10 in the matter following subparagraph (C). 

11 (3) REQUIREMENTS OF TIMELY PETITION AND

12 INTERVIEW FOR REMOVAL OF CONDITION.—Section 

13 216A(c) (8 U.S.C. 1186b(c)) is amended, in para14 graphs (1), (2)(A)(ii), and (3)(C), by inserting ‘‘or 

15 permanent partner’’ after ‘‘spouse’’. 

16 (4) DEFINITIONS.—Section 216A(f)(2) (8 

17 U.S.C. 1186b(f)(2)) is amended by inserting ‘‘or 

18 permanent partner’’ after ‘‘spouse’’ each place it ap19 pears. 

20 (5) CLERICAL AMENDMENT.—The table of con21 tents is amended by amending the item relating to 

22 section 216A to read as follows: 

‘‘Sec. 216A. Conditional permanent resident status for certain alien entrepreneurs, spouses, permanent partners, and children.’’. 


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1 SEC. 322. DEPORTATION AND REMOVAL. 

2 (a) DEPORTABLE ALIENS.—Section 237(a)(1) (8 

3 U.S.C. 1227(a)(1)) is amended— 

4 (1) in subparagraph (D)(i), by inserting ‘‘or 

5 permanent partners’’ after ‘‘spouses’’ each place it 

6 appears; 

7 (2) in subparagraphs (E)(ii), (E)(iii), and 

8 (H)(i)(I), by inserting ‘‘or permanent partner’’ after 

9 ‘‘spouse’’; 

10 (3) by inserting after subparagraph (E) the fol11 lowing: 

12 ‘‘(F) PERMANENT PARTNERSHIP FRAUD.— 

13 An alien shall be considered to be deportable as 

14 having procured a visa or other documentation 

15 by fraud (within the meaning of section 

16 212(a)(6)(C)(i)) and to be in the United States 

17 in violation of this Act (within the meaning of 

18 subparagraph (B)) if— 

19 ‘‘(i) the alien obtains any admission to 

20 the United States with an immigrant visa 

21 or other documentation procured on the 

22 basis of a permanent partnership entered 

23 into less than 2 years before such admis24 sion and which, within 2 years subsequent 

25 to such admission, is terminated because 

26 the criteria for permanent partnership are 


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1 no longer fulfilled, unless the alien estab2 lishes to the satisfaction of the Secretary 

3 of Homeland Security that such permanent 

4 partnership was not contracted for the 

5 purpose of evading any provision of the im6 migration laws; or 

7 ‘‘(ii) it appears to the satisfaction of 

8 the Secretary of Homeland Security that 

9 the alien has failed or refused to fulfill the 

10 alien’s permanent partnership, which the 

11 Secretary of Homeland Security deter12 mines was made for the purpose of pro13 curing the alien’s admission as an immi14 grant.’’; and 

15 (4) in paragraphs (2)(E)(i) and (3)(C)(ii), by 

16 inserting ‘‘or permanent partner’’ after ‘‘spouse’’ 

17 each place it appears. 

18 (b) REMOVAL PROCEEDINGS.—Section 240 (8 U.S.C. 

19 1229a) is amended— 

20 (1) in the heading of subsection (c)(7)(C)(iv), 

21 by inserting ‘‘PERMANENT PARTNERS,’’ after 

22 ‘‘SPOUSES,’’; and 

23 (2) in subsection (e)(1), by inserting ‘‘perma24 nent partner,’’ after ‘‘spouse,’’. 


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1 (c) CANCELLATION OF REMOVAL.—Section 240A(b) 

2 (8 U.S.C. 1229b(b)) is amended— 

3 (1) in paragraph (1)(D), by inserting ‘‘or per4 manent partner’’ after ‘‘spouse’’; and 

5 (2) in paragraph (2)— 

6 (A) in the paragraph heading, by inserting 

7 ‘‘, PERMANENT PARTNER,’’ after ‘‘SPOUSE’’; 

8 and 

9 (B) in subparagraph (A), by inserting ‘‘, 

10 permanent partner,’’ after ‘‘spouse’’ each place 

11 it appears. 

12 SEC. 323. ADJUSTMENT OF STATUS; CRIMINAL PENALTIES; 

13 OTHER REQUIREMENTS. 

14 (a) ADJUSTMENT OF STATUS OF NONIMMIGRANT TO

15 THAT OF PERSON ADMITTED FOR PERMANENT RESI16 DENCE.— 

17 (1) PROHIBITION ON ADJUSTMENT OF STA18 TUS.—Section 245(d) (8 U.S.C. 1255(d)) is amend19 ed by inserting ‘‘or permanent partnership’’ after 

20 ‘‘marriage’’. 

21 (2) AVOIDING IMMIGRATION FRAUD.—Section 

22 245(e) (8 U.S.C. 1255(e)) is amended— 

23 (A) in paragraph (1), by inserting ‘‘or per24 manent partnership’’ after ‘‘marriage’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(4)(A) Paragraph (1) and section 204(g) shall not 

2 apply with respect to a permanent partnership if the alien 

3 establishes by clear and convincing evidence to the satis4 faction of the Secretary of Homeland Security that— 

5 ‘‘(i) the permanent partnership was entered 

6 into in good faith and in accordance with section 

7 101(a)(52); 

8 ‘‘(ii) the permanent partnership was not en9 tered into for the purpose of procuring the alien’s 

10 admission as an immigrant; and 

11 ‘‘(iii) no fee or other consideration was given 

12 (other than a fee or other consideration to an attor13 ney for assistance in preparation of a lawful peti14 tion) for the filing of a petition under section 204(a) 

15 or 214(d) with respect to the alien permanent part16 ner. 

17 ‘‘(B) The Secretary shall promulgate regulations that 

18 provide for only 1 level of administrative appellate review 

19 for each alien under subparagraph (A).’’. 

20 (3) ADJUSTMENT OF STATUS FOR CERTAIN

21 ALIENS PAYING FEE.—Section 245(i)(1)(B) (8 

22 U.S.C. 1255(i)(1)(B)) is amended by inserting ‘‘, 

23 permanent partner,’’ after ‘‘spouse’’. 

24 (b) APPLICATION OF CRIMINAL PENALTIES TO FOR

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1 GARDING PERMANENT PARTNERSHIPS.—Section 275(c) 

2 (8 U.S.C. 1325(c)) is amended to read as follows: 

3 ‘‘(c) Any individual who knowingly enters into a mar4 riage or permanent partnership for the purpose of evading 

5 any provision of the immigration laws shall be imprisoned 

6 for not more than 5 years, fined not more than $250,000, 

7 or both.’’. 

8 (c) REQUIREMENTS AS TO RESIDENCE, GOOD MORAL

9 CHARACTER, ATTACHMENT TO THE PRINCIPLES OF THE

10 CONSTITUTION.—Section 316(b) (8 U.S.C. 1427(b)) is 

11 amended by inserting ‘‘, permanent partner,’’ after 

12 ‘‘spouse’’. 

13 SEC. 324. NATURALIZATION FOR PERMANENT PARTNERS 

14 OF CITIZENS. 

15 (a) IN GENERAL.—Section 319 (8 U.S.C. 1430) is 

16 amended— 

17 (1) in subsection (a)— 

18 (A) by inserting ‘‘or permanent partner’’ 

19 after ‘‘spouse’’ each place it appears; and 

20 (B) by inserting ‘‘or permanent partner21 ship’’ after ‘‘marital union’’; 

22 (2) in subsection (b)— 

23 (A) in paragraph (1), by inserting ‘‘or per24 manent partner’’ after ‘‘spouse’’; and 


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1 (B) in paragraph (3), by inserting ‘‘or per2 manent partner’’ after ‘‘spouse’’; 

3 (3) in subsection (d)— 

4 (A) by inserting ‘‘or permanent partner’’ 

5 after ‘‘spouse’’ each place it appears; and 

6 (B) by inserting ‘‘or permanent partner7 ship’’ after ‘‘marital union’’; 

8 (4) in subsection (e)(1)— 

9 (A) by inserting ‘‘or permanent partner’’ 

10 after ‘‘spouse’’; 

11 (B) by inserting ‘‘by the Secretary of De12 fense’’ after ‘‘is authorized’’; and 

13 (C) by inserting ‘‘or permanent partner14 ship’’ after ‘‘marital union’’; and 

15 (5) in subsection (e)(2), by inserting ‘‘or per16 manent partner’’ after ‘‘spouse’’. 

17 (b) SAVINGS PROVISION.—Section 319(e) (8 U.S.C. 

18 1430(e)) is amended by adding at the end the following: 

19 ‘‘(3) Nothing in this subsection may be construed to 

20 confer a right for an alien to accompany a member of the 

21 Armed Forces of the United States or to reside abroad 

22 with such member, except as authorized by the Secretary 

23 of Defense in the member’s official orders.’’. 


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1 SEC. 325. APPLICATION OF FAMILY UNITY PROVISIONS TO 

2 OTHER LAWS. 

3 (a) APPLICATION OF FAMILY UNITY PROVISIONS TO

4 PERMANENT PARTNERS OF CERTAIN LIFE ACT BENE5 FICIARIES.—Section 1504 of the LIFE Act Amendments 

6 of 2000 (division B of Public Law 106–554; 114 Stat. 

7 2763–325) is amended— 

8 (1) in the heading, by inserting ‘‘, PERMA9 NENT PARTNERS,’’ after ‘‘SPOUSES’’; 

10 (2) in subsection (a), by inserting ‘‘, permanent 

11 partner,’’ after ‘‘spouse’’; and 

12 (3) in each of subsections (b) and (c)— 

13 (A) in each of the subsection headings, by 

14 inserting ‘‘, PERMANENT PARTNERS,’’ after 

15 ‘‘SPOUSES’’; and 

16 (B) by inserting ‘‘, permanent partner,’’ 

17 after ‘‘spouse’’ each place it appears. 

18 (b) APPLICATION TO CUBAN ADJUSTMENT ACT.— 

19 (1) IN GENERAL.—The first section of Public 

20 Law 89–732 (8 U.S.C. 1255 note) is amended— 

21 (A) in the next to last sentence, by insert22 ing ‘‘, permanent partner,’’ after ‘‘spouse’’ the 

23 first 2 places it appears; and 

24 (B) in the last sentence, by inserting ‘‘, 

25 permanent partners,’’ after ‘‘spouses’’. 


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1 (2) CONFORMING AMENDMENT.—Section 

2 101(a)(51)(D) (8 U.S.C. 1101(a)(51)(D)) is amend3 ed by striking ‘‘or spouse’’ and inserting ‘‘, spouse, 

4 or permanent partner’’. 

5 CHAPTER 3—REFORMS TO SPECIFIC 

6 EMPLOYMENT-BASED VISA CATEGORIES 

7 Subchapter A—EB–5 Program 

8 Reauthorization 

9 SEC. 326. PERMANENT REAUTHORIZATION OF EB–5 RE10 GIONAL CENTER PROGRAM. 

11 (a) SHORT TITLE.—This section may be cited as the 

12 ‘‘Creating American Jobs Through Foreign Capital In13 vestment Act’’. 

14 (b) PERMANENT REAUTHORIZATION.—Section 610 

15 of the Departments of Commerce, Justice, and State, the 

16 Judiciary, and Related Agencies Appropriations Act, 1993 

17 (8 U.S.C. 1153 note) is amended— 

18 (1) by striking ‘‘pilot’’ each place such term ap19 pears; and 

20 (2) in subsection (b), by striking ‘‘until Sep21 tember 30, 2012’’. 


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1 Subchapter B—Adjustments to Other Select 

2 Visa Programs 

3 SEC. 331. ELIMINATION OF SUNSET PROVISIONS. 

4 (a) SPECIAL IMMIGRANT NONMINISTER RELIGIOUS

5 WORKER PROGRAM.—Section 101(a)(27)(C)(ii) (8 U.S.C. 

6 1101 (a)(27)(C)(ii)) is amended by striking ‘‘September 

7 30, 2012’’ each place such term appears. 

8 (b) CONRAD STATE 30 PROGRAM.—Section 220(c) of 

9 the Immigration and Nationality Technical Corrections 

10 Act of 1994 (8 U.S.C. 1182 note) is amended by striking 

11 ‘‘and before September 30, 2012.’’. 

12 SEC. 332. PERMANENT AUTHORIZATION OF THE NON13 IMMIGRANT NURSES IN HEALTH PROFES14 SIONAL SHORTAGE AREAS PROGRAM. 

15 (a) IN GENERAL.—Section 2(e) of the Nursing Relief 

16 for Disadvantaged Areas Act of 1999 (8 U.S.C. 1182 

17 note) is amended to read as follows: 

18 ‘‘(e) APPLICATION OF NONIMMIGRANT CHANGES.— 

19 The amendments made by this section shall apply to clas20 sification petitions filed for nonimmigrant status only— 

21 ‘‘(1) during the period— 

22 ‘‘(A) beginning on the date that interim or 

23 final regulations are first promulgated under 

24 subsection (d); and 


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1 ‘‘(B) ending on the date that is 3 years 

2 after the date of the enactment of the Nursing 

3 Relief for Disadvantaged Areas Reauthorization 

4 Act of 2005; and 

5 ‘‘(2) during the period beginning on the date of 

6 the enactment of the CIR Act of 2011.’’. 

7 (b) INAPPLICABILITY OF CERTAIN REGULATORY RE8 QUIREMENTS.—The requirements under chapter 5 of title 

9 5, United States Code (commonly referred to as the ‘‘Ad10 ministrative Procedure Act’’) or any other law relating to 

11 rulemaking, information collection or publication in the 

12 Federal Register, shall not apply to any action to imple13 ment the amendment made by subsection (a) to the extent 

14 the Secretary, the Secretary of Labor, or the Secretary 

15 of Health and Human Services determines that compli16 ance with any such requirement would impede the expedi17 tious implementation of such amendment. 

18 SEC. 333. INCENTIVES FOR PHYSICIANS TO PRACTICE IN 

19 MEDICALLY UNDERSERVED COMMUNITIES. 

20 Section 214 of the Immigration and Nationality Act 

21 (8 U.S.C. 1184) is amended— 

22 (1) in subsection (g), by adding at the end the 

23 following: 

24 ‘‘(12) An alien physician described in section 

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1 immigrant described in section 101(a)(15)(H)(i)(b) to 

2 pursue graduate medical education or training shall not 

3 be subject to the limitations described in paragraphs (1) 

4 and (4). The period of authorized admission of such alien 

5 as an H–1B nonimmigrant may not extend beyond the 6- 

6 year period beginning on the date on which the alien re7 ceives the exemption described in subparagraph (A), other 

8 than extensions authorized under section 104 and 106 of 

9 the American Competitiveness in the Twenty-First Cen10 tury Act of 2000 (Public Law 106–313) if— 

11 ‘‘(A) an interested State agency submits a re12 quest for an exemption under section 214(l)(1)(B), 

13 but not 1 of the 10 waivers or exemptions described 

14 in subsection (l)(1)(D)(ii); and 

15 ‘‘(B) the Secretary of State recommends that 

16 the alien be exempted from such limitations.’’; and 

17 (2) in subsection (l)— 

18 (A) in paragraph (1)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘the Attorney Gen21 eral shall not grant such waiver unless’’ 

22 and inserting ‘‘or for an exemption from 

23 the limitations described in paragraphs (1) 

24 and (4) of subsection (g) on behalf of an 

25 alien described in subsection (g)(12), the 


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1 Secretary shall not grant such waiver or 

2 exemption unless’’; 

3 (ii) in subparagraph (A), by inserting 

4 ‘‘or exemption’’ before the semicolon at the 

5 end; 

6 (iii) in subparagraph (B), by striking 

7 ‘‘would not cause the number of waivers 

8 allotted for that State for that fiscal year 

9 to exceed 30’’ and inserting ‘‘or exemption 

10 would not cause the total number of waiv11 ers plus the total number of exemptions al12 lotted for that State for that fiscal year to 

13 exceed 30, unless such allotment is in14 creased pursuant to paragraph (4)’’; 

15 (iv) in subparagraph (C)— 

16 (I) in clause (ii), by striking 

17 ‘‘within 90 days’’ and all that follows 

18 and inserting the following: ′′not later 

19 than the latest of— 

20 ‘‘(II) 90 days after receiving such 

21 waiver or exemption; 

22 ‘‘(III) 90 days after completing 

23 graduate medical education or train24 ing in a program approved under sec25 tion 212(j)(1); or 


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1 ‘‘(IV) 90 days after receiving 

2 nonimmigrant status or employment 

3 authorization; 

4 ‘‘(iii) the alien agrees to continue to 

5 work for a total of not less than 3 years 

6 while authorized to work in the United 

7 States under this Act, absent extenuating 

8 circumstances, including— 

9 ‘‘(I) the original interested Fed10 eral or State agency that requested 

11 the waiver or exemption attests that 

12 extenuating circumstances exist; 

13 ‘‘(II) the contracting health facil14 ity or health care organization attests 

15 that the alien’s employment is being 

16 terminated through no fault of the 

17 alien; 

18 ‘‘(III) the contracting health fa19 cility or health care organization com20 mits a material breach of contract, in21 cluding the failure to pay the salary 

22 or rate of pay, the failure to provide 

23 vacation or other paid leave, or requir24 ing the alien to work excess hours in 


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1 violation of an employment agree2 ment; 

3 ‘‘(IV) the contracting health fa4 cility or health care organization is— 

5 ‘‘(aa) violating the rules of 

6 the Federal agency or State 

7 agency that requested the waiver 

8 or exemption; or 

9 ‘‘(bb) otherwise violating 

10 any applicable Federal or State 

11 law; 

12 ‘‘(V) the closure or anticipated 

13 closure of the contracting health facil14 ity or health care organization, the 

15 termination of the service contract be16 tween the contracting health care or17 ganization and the health facility 

18 worksite for the alien, or the antici19 pated inability of the contracting 

20 health facility or health care organiza21 tion to pay the offered rate of pay to 

22 the alien; 

23 ‘‘(VI) the failure of the con24 tracting health facility or health care 

25 organization to support the 


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1 credentialing of the alien in order for 

2 the alien to be able to begin employ3 ment on the date on which the alien’s 

4 employment authorization begins; 

5 ‘‘(VII) the alien, or a spouse or 

6 child of the alien, experiences unfore7 seen health problems that require 

8 treatment outside of the approved ge9 ographic area; 

10 ‘‘(VIII) in the case of employ11 ment by an individual physician, the 

12 license of the employing physician is 

13 suspended or revoked; 

14 ‘‘(IX) the contracting health fa15 cility or health care organization fails 

16 to agree to sponsor the alien for an 

17 extension of the alien’s status under 

18 section 101(a)(15)(H)(i)(b) in a time19 ly manner; or 

20 ‘‘(X) the contracting health facil21 ity or health care organization en22 gages in practices that endanger the 

23 health of patients; 


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1 ‘‘(iv) contracting health facilities and 

2 health care organizations enter into an em3 ployment agreement with the alien that— 

4 ‘‘(I) specifies the maximum num5 ber of on-call hours per week that the 

6 alien will be expected to be available 

7 and the compensation the alien will 

8 receive for on-call time; 

9 ‘‘(II) specifies whether the con10 tracting health facility or health care 

11 organization will pay for the alien’s 

12 malpractice insurance premiums; 

13 ‘‘(III) specifies whether the em14 ployer will provide malpractice tail in15 surance and the amount of such in16 surance; 

17 ‘‘(IV) describes all of the work lo18 cations at which the alien will work; 

19 ‘‘(V) states that the contracting 

20 health facility or health care organiza21 tion will not add additional work loca22 tions without the approval or the Fed23 eral agency or State agency that re24 quested the waiver or exemption; and 


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1 ‘‘(VI) does not include liquidated 

2 damages provisions; and 

3 ‘‘(v) the alien whose employment ter4 minates during the 3-year service period is 

5 given 120 days to submit an application or 

6 petition to commence employment with an7 other contracting health facility or health 

8 care organization and is considered to be 

9 maintaining lawful status in an authorized 

10 stay during that period; and’’; and 

11 (v) in subparagraph (D)— 

12 (I) in clause (ii), by striking 

13 ‘‘would not cause the number of the 

14 waivers’’ and inserting ‘‘or exemption 

15 would not cause the total number of 

16 waivers and exemptions’’; and 

17 (II) in clause (iii), by inserting 

18 ‘‘or exemption’’ after ‘‘waiver’’; 

19 (B) in paragraph (2)(A), by inserting ‘‘de20 scribed in 212(e)(iii)’’ after ‘‘status of an 

21 alien’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(4)(A) If at least 90 percent of the total number 

24 of waivers and exemptions allotted in a fiscal year under 

25 paragraph (1)(B) to States that were granted not fewer 


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1 than 5 such waivers or exemptions, in the aggregate, dur2 ing any 1 of the 3 previous fiscal years are granted, on 

3 a nationwide basis, in such fiscal year, the allotment of 

4 such waivers and exemptions in the next fiscal year shall 

5 be increased from 30 to 35 for each State. Such allotments 

6 shall be further increased by 5 each time such 90 percent 

7 threshold of the adjusted allotment level is reached, on a 

8 nationwide basis. 

9 ‘‘(B) Any increase in allotments under subparagraph 

10 (A) shall be maintained indefinitely in future fiscal years, 

11 unless the total number of waivers and exemptions grant12 ed in a fiscal year is 10 percent lower than in most recent 

13 fiscal year in which there was an increase in the number 

14 of waivers and exemptions allotted pursuant to this para15 graph. In such circumstances— 

16 ‘‘(i) the number of waivers and exemptions al17 lotted shall be decreased by 5 per State beginning in 

18 the next fiscal year; and 

19 ‘‘(ii) each additional 10 percent decrease in 

20 such waivers and exemptions compared with the 

21 most recent fiscal year in which there was an in22 crease in the allotment shall decrease by 5 the allot23 ment of waivers and exemptions per State, which 

24 shall not be lower 30.’’. 


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1 SEC. 334. RETAINING PHYSICIANS IN MEDICALLY UNDER2 SERVED COMMUNITIES. 

3 Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 

4 by this subtitle, is further amended by adding at the end 

5 the following: 

6 ‘‘(M) Aliens who have completed service re7 quirements of a waiver or exemption requested 

8 under section 214(l), including aliens who com9 pleted such service before the date of the enact10 ment of this subparagraph.’’. 

11 SEC. 335. TEMPORARY VISAS FOR INDIVIDUALS FROM IRE12 LAND. 

13 (a) DEFINITION.—Section 101(a)(15)(E)(iii) (8 

14 U.S.C. 1101(a)(15)(E)) is amended by inserting ‘‘or solely 

15 to perform services as an employee who meets the require16 ments of section 203(d)(2) if the alien is a national of 

17 the Republic of Ireland’’ after ‘‘Australia’’. 

18 (b) TEMPORARY ADMISSION OF INADMISSIBLE

19 ALIENS.—Clause (i) of section 212(a)(d)(3)(A) (8 U.S.C. 

20 1182(d)(3)(A)) is amended by inserting before the semi21 colon the following: ‘‘provided that such recommendation 

22 and approval shall not be required for the issuance of a 

23 visa pursuant to section 101(a)(15)(E) for ineligibility 

24 under paragraphs (6), (7), or (9) of section 212(a) that 

25 is based on conduct occurring prior to the date of enact26 ment of this Act’’. 


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1 (c) NUMERICAL LIMITATIONS.—Section 

2 214(g)(11)(B)(8 U.S.C. 1184(g)(11)(B)) is amended by 

3 inserting ‘‘for each of the nationalities included in section 

4 101(a)(15)(E)(iii)’’ before the period. 

5 CHAPTER 4—MISCELLANEOUS 

6 EMPLOYMENT VISA REFORMS 

7 SEC. 336. PROVIDING PREMIUM PROCESSING OF EMPLOY8 MENT-BASED VISA PETITIONS. 

9 Pursuant to section 286(u) of the Immigration and 

10 Nationality Act (8 U.S.C. 1356(u)), the Secretary shall 

11 establish and collect— 

12 (a) a fee for premium processing of employment13 based immigrant petitions; and 

14 (b) a fee for premium processing of an administrative 

15 appeal of any decision on a permanent employment-based 

16 immigrant petition. 

17 SEC. 337. VISA REVALIDATION. 

18 Section 222 (8 U.S.C. 1202) is amended— 

19 (1) in subsection (h), in the matter preceding 

20 subparagraph (1), by inserting ‘‘and except as pro21 vided under subsection (i),’’ after ‘‘Act’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(i) The Secretary of State shall permit an alien 

24 granted a nonimmigrant visa under subparagraph (E), 


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1 (H), (I), (L), (O), or (P) of section 101(a)(15) to apply 

2 for a renewal of such visa within the United States if— 

3 ‘‘(1) such visa is valid or did not expire more 

4 than 12 months before the date of such application; 

5 ‘‘(2) the alien is seeking a nonimmigrant visa 

6 under the same subparagraph under which the alien 

7 had previously received a visa; and 

8 ‘‘(3) the alien has complied with the immigra9 tion laws of the United States.’’. 

10 SEC. 338. APPLICATION FEES FOR INTENDING IMMI11 GRANTS. 

12 Section 402 of Public Law 111–230 is amended— 

13 (1) in subsection (a), by inserting ‘‘and are not 

14 intending immigrants’’ before the period at the end; 

15 (2) in subsection (b), by inserting ‘‘and are not 

16 intending immigrants’’ before the period at the end; 

17 and 

18 (3) by adding at the end the following: 

19 ‘‘(d) Subsections (a) and (b) shall not apply to sea20 sonal or intermittent nonimmigrants, and family members 

21 of nonimmigrants described in section 101(a)(15)(L). 

22 ‘‘(e) For purposes of subsections (a) and (b), the 

23 term ‘intending immigrant’ means any alien who intends 

24 to work and reside permanently in the United States, as 

25 evidenced by— 


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1 ‘‘(1) a pending or approved application for alien 

2 employment certification under section 212(a)(5)(A); 

3 or 

4 ‘‘(2) a pending or approved petition under para5 graph (1), (2), or (3) of section 203(b).’’. 

6 SEC. 339. EMPLOYMENT OF SPOUSES. 

7 Section 214(c)(2)(E) (8 U.S.C. 1184(c)(2)(E)) is 

8 amended by striking ‘‘section 101(a)(15)(L)’’ and insert9 ing ‘‘subparagraph (H) or (L) of section 101(a)(15)’’. 

10 SEC. 340. TIME LIMITS FOR NONIMMIGRANTS TO DEPART 

11 THE UNITED STATES. 

12 Section 214 (8 U.S.C. 1184) is amended by adding 

13 at the end the following: 

14 ‘‘(s) SEPARATED EMPLOYEES AND DEPENDENTS.— 

15 ‘‘(1) IN GENERAL.—Any alien who ceases to be 

16 employed by the alien’s petitioning employer, regard17 less of the reason for such separation, shall be auto18 matically granted a period of authorized stay equal 

19 to 60 days from the date of separation, during which 

20 the alien may— 

21 ‘‘(A) depart the United States; or 

22 ‘‘(B) apply for change or extension of sta23 tus. 

24 ‘‘(2) SPOUSE AND CHILDREN.— 


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1 ‘‘(A) IN GENERAL.—The spouse and chil2 dren of an alien described in paragraph (1) 

3 shall be automatically granted a period of au4 thorized stay equal to the principal alien em5 ployee. 

6 ‘‘(B) DEATH OF PRINCIPAL ALIEN EM7 PLOYEE.—The spouse and children of a non8 immigrant alien who dies shall be entitled to re9 tain the dependent nonimmigrant status to 

10 which they were eligible at the time of such 

11 death until the later of— 

12 ‘‘(i) 1 year after such death; or 

13 ‘‘(ii) the date on which an adjudica14 tion of benefits under section 204(l) is 

15 completed.’’. 

16 CHAPTER 5—POWER ACT 

17 SEC. 341. SHORT TITLES. 

18 This chapter may be cited as the ‘‘ Protect Our 

19 Workers from Exploitation and Retaliation Act’’ or the 

20 ‘‘POWER Act’’. 

21 SEC. 342. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT 

22 VIOLATIONS OR CRIME. 

23 (a) PROTECTION FOR VICTIMS OF LABOR AND EM24 PLOYMENT VIOLATIONS.—Section 101(a)(15)(U) (8 

25 U.S.C. 1101(a)(15)(U)) is amended— 


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1 (1) in clause (i)— 

2 (A) by amending subclause (I) to read as 

3 follows: 

4 ‘‘(I) the alien— 

5 ‘‘(aa) has suffered substantial 

6 abuse or harm as a result of having 

7 been a victim of criminal activity de8 scribed in clause (iii); 

9 ‘‘(bb) has suffered substantial 

10 abuse or harm related to a violation 

11 described in clause (iv); 

12 ‘‘(cc) is a victim of criminal ac13 tivity described in clause (iii) and 

14 would suffer extreme hardship upon 

15 removal; or 

16 ‘‘(dd) has suffered a violation de17 scribed in clause (iv) and would suffer 

18 extreme hardship upon removal;’’; 

19 (B) in subclause (II), by inserting ‘‘, or a 

20 labor or employment violation resulting in a 

21 workplace claim described in clause (iv)’’ before 

22 the semicolon at the end; 

23 (C) in subclause (III)— 

24 (i) by striking ‘‘or State judge, to the 

25 Service’’ and inserting ‘‘, State, or local 


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1 judge, to the Department of Homeland Se2 curity, to the Equal Employment Oppor3 tunity Commission, to the Department of 

4 Labor, to the National Labor Relations 

5 Board’’; and 

6 (ii) by inserting ‘‘, or investigating, 

7 prosecuting, or seeking civil remedies for a 

8 labor or employment violation related to a 

9 workplace claim described in clause (iv)’’ 

10 before the semicolon at the end; and 

11 (D) in subclause (IV)— 

12 (i) by inserting ‘‘(aa)’’ after ‘‘(IV)’’; 

13 and 

14 (ii) by adding at the end the fol15 lowing: ‘‘or 

16 ‘‘(bb) a workplace claim described in 

17 clause (iv) resulted from a labor or employ18 ment violation;’’; 

19 (2) in clause (ii)(II), by striking ‘‘and’’ at the 

20 end; 

21 (3) by moving clause (iii) 2 ems to the left; 

22 (4) in clause (iii), by striking ‘‘or’’ at the end 

23 and inserting ‘‘and’’; and 

24 (5) by adding at the end the following: 


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1 ‘‘(iv) in the labor or employment violation 

2 related to a workplace claim, the alien— 

3 ‘‘(I) has filed, is a material witness in, 

4 or is likely to be helpful in the investiga5 tion of, a bona fide workplace claim (as de6 fined in section 274A(e)(10)(C)(iii)(II)); 

7 and 

8 ‘‘(II) reasonably fears, has been 

9 threatened with, or has been the victim of, 

10 an action involving force, physical re11 straint, retaliation, or abuse of the immi12 gration or other legal process against the 

13 alien or another person by the employer in 

14 relation to acts underlying the workplace 

15 claim or related to the filing of the work16 place claim; or’’. 

17 (b) TEMPORARY PROTECTION FOR VICTIMS OF

18 CRIME, LABOR, AND EMPLOYMENT VIOLATIONS.—Not19 withstanding any other provision of law, the Secretary 

20 may permit an alien to temporarily remain in the United 

21 States and grant the alien employment authorization if the 

22 Secretary determines that the alien— 

23 (1) has filed for relief under section 

24 101(a)(15)(U) of the Immigration and Nationality 

25 Act (8 U.S.C. 1101(a)(15)(U)); or 


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1 (2)(A) has filed, or is a material witness to, a 

2 bona fide workplace claim (as defined in section 

3 274A(e)(10)(B)(iii)(II) of such Act, as added by sec4 tion 3(b)); and 

5 (B) has been helpful, is being helpful, or is like6 ly to be helpful to— 

7 (i) a Federal, State, or local law enforce8 ment official; 

9 (ii) a Federal, State, or local prosecutor; 

10 (iii) a Federal, State, or local judge; 

11 (iv) the Department of Homeland Security; 

12 (v) the Equal Employment Opportunity 

13 Commission; 

14 (vi) the Department of Labor; 

15 (vii) the National Labor Relations Board; 

16 or 

17 (viii) other Federal, State, or local authori18 ties investigating, prosecuting, or seeking civil 

19 remedies related to the workplace claim. 

20 (c) CONFORMING AMENDMENTS.—Section 214(p) (8 

21 U.S.C. 1184(p)) is amended— 

22 (1) in paragraph (1), by inserting ‘‘or inves23 tigating, prosecuting, or seeking civil remedies for 

24 workplace claims described in section 


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1 101(a)(15)(U)(iv)’’ after ‘‘section 

2 101(a)(15)(U)(iii)’’ each place such term appears; 

3 (2) in paragraph (2)(A), by striking ‘‘10,000’’ 

4 and inserting ‘‘30,000’’; and 

5 (3) in paragraph (6)— 

6 (A) by inserting ‘‘or workplace claims de7 scribed in section 101(a)(15)(U)(iv)’’ after ‘‘de8 scribed in section 101(a)(15)(U)(iii)’’; and 

9 (B) by inserting ‘‘or workplace claim’’ 

10 after ‘‘prosecution of such criminal activity’’. 

11 (d) ADJUSTMENT OF STATUS FOR VICTIMS OF

12 CRIMES.—Section 245(m)(1) (8 U.S.C. 1255(m)(1)) is 

13 amended by inserting ‘‘or an investigation or prosecution 

14 regarding a workplace claim’’ after ‘‘prosecution’’. 

15 (e) CHANGE OF NONIMMIGRANT CLASSIFICATION.— 

16 Section 384(a)(1) of the Illegal Immigration Reform and 

17 Immigrant Responsibility Act of 1996 (8 U.S.C. 

18 1367(a)(1)) is amended— 

19 (1) in subparagraph (E), by striking ‘‘physical 

20 or mental abuse and the criminal activity,’’ and in21 serting ‘‘abuse and the criminal activity or work22 place claim;’’; 

23 (2) in subparagraph (F), by striking the comma 

24 at the end and inserting ‘‘; or’’; and 


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1 (3) by inserting after subparagraph (F) the fol2 lowing: 

3 ‘‘(G) the alien’s employer,’’. 

4 SEC. 343. LABOR ENFORCEMENT ACTIONS. 

5 (a) REMOVAL PROCEEDINGS.—Section 239(e) (8 

6 U.S.C. 1229(e)) is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘In cases where’’ and in9 serting ‘‘If’’; and 

10 (B) by inserting ‘‘or as a result of informa11 tion provided to the Department of Homeland 

12 Security in retaliation against individuals for 

13 exercising or attempting to exercise their em14 ployment rights or other legal rights’’ after 

15 ‘‘paragraph (2)’’; and 

16 (2) in paragraph (2), by adding at the end the 

17 following: 

18 ‘‘(C) At a facility about which a workplace 

19 claim has been filed or is contemporaneously 

20 filed.’’. 

21 (b) UNLAWFUL EMPLOYMENT OF ALIENS.—Section 

22 274A(e) (8 U.S.C. 1324a(e)) is amended by adding at the 

23 end the following: 

24 ‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— 


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1 ‘‘(A) ENFORCEMENT ACTION.—If the De2 partment of Homeland Security undertakes an 

3 enforcement action at a facility about which a 

4 workplace claim has been filed or is contem5 poraneously filed, or as a result of information 

6 provided to the Department in retaliation 

7 against employees for exercising their rights re8 lated to a workplace claim, the Department 

9 shall ensure that— 

10 ‘‘(i) any aliens arrested or detained 

11 who are necessary for the investigation or 

12 prosecution of workplace claim violations 

13 or criminal activity (as described in sub14 paragraph (T) or (U) of section 

15 101(a)(15)) are not removed from the 

16 United States until after the Depart17 ment— 

18 ‘‘(I) notifies the appropriate law 

19 enforcement agency with jurisdiction 

20 over such violations or criminal activ21 ity; and 

22 ‘‘(II) provides such agency with 

23 the opportunity to interview such 

24 aliens; and 


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1 ‘‘(ii) no aliens entitled to a stay of re2 moval or abeyance of removal proceedings 

3 under this section are removed. 

4 ‘‘(B) PROTECTIONS FOR VICTIMS OF

5 CRIME, LABOR, AND EMPLOYMENT VIOLA6 TIONS.— 

7 ‘‘(i) STAY OF REMOVAL OR ABEYANCE

8 OF REMOVAL PROCEEDINGS.—An alien 

9 against whom removal proceedings have 

10 been initiated under chapter 4 of title II, 

11 who has filed a workplace claim, who is a 

12 material witness in any pending or antici13 pated proceeding involving a bona fide 

14 workplace claim, or who has filed for relief 

15 under section 101(a)(15)(U), shall be enti16 tled to a stay of removal or an abeyance of 

17 removal proceedings and to employment 

18 authorization until the resolution of the 

19 workplace claim or the denial of relief 

20 under section 101(a)(15)(U) after exhaus21 tion of administrative appeals, whichever is 

22 later, unless the Department establishes, 

23 by a preponderance of the evidence in pro24 ceedings before the immigration judge preVerDate Mar 15 2010 00:34 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00621 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 siding over that alien’s removal hearing, 

2 that— 

3 ‘‘(I) the alien has been convicted 

4 of a felony; or 

5 ‘‘(II) the workplace claim was 

6 filed in a bad faith with the intent to 

7 delay or avoid the alien’s removal. 

8 ‘‘(ii) DURATION.—Any stay of re9 moval or abeyance of removal proceedings 

10 and employment authorization issued pur11 suant to clause (i) shall remain valid until 

12 the resolution of the workplace claim or 

13 the denial of relief under section 

14 101(a)(15)(U) after the exhaustion of ad15 ministrative appeals, and shall be extended 

16 by the Secretary of Homeland Security for 

17 a period of not longer than 3 additional 

18 years upon determining that— 

19 ‘‘(I) such relief would enable the 

20 alien asserting a workplace claim to 

21 pursue the claim to resolution; 

22 ‘‘(II) the deterrent goals of any 

23 statute underlying a workplace claim 

24 would be served; or 


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1 ‘‘(III) such extension would oth2 erwise further the interests of justice. 

3 ‘‘(iii) DEFINITIONS.—In this section: 

4 ‘‘(I) MATERIAL WITNESS.—Not5 withstanding any other provision of 

6 law, the term ‘material witness’ means 

7 an individual who presents a declara8 tion from an attorney investigating, 

9 prosecuting, or defending the work10 place claim or from the presiding offi11 cer overseeing the workplace claim at12 testing that, to the best of the declar13 ant’s knowledge and belief, reasonable 

14 cause exists to believe that the testi15 mony of the individual will be relevant 

16 to the outcome of the workplace claim. 

17 ‘‘(II) WORKPLACE CLAIM.—The 

18 term ‘workplace claim’ means any 

19 written or oral claim, charge, com20 plaint, or grievance filed with, commu21 nicated to, or submitted to the em22 ployer, a Federal, State, or local agen23 cy or court, or an employee represent24 ative related to the violation of appli25 cable Federal, State, and local labor 


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1 laws, including laws concerning wages 

2 and hours, labor relations, family and 

3 medical leave, occupational health and 

4 safety, or nondiscrimination.’’. 

5 SEC. 344. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated such sums 

7 as may be necessary to carry out this chapter and the 

8 amendments made by this chapter. 

9 Subtitle D—Immigrant Integration 

10 and Other Reforms 

11 PART I—STRENGTHEN AND UNITE COMMUNITIES 

12 WITH CIVICS EDUCATION AND ENGLISH SKILLS 

13 CHAPTER 1—EXPANDING ENGLISH LIT14 ERACY, UNITED STATES HISTORY, AND 

15 CIVICS EDUCATION 

16 SEC. 351. INCREASED INVESTMENT IN ENGLISH LITERACY, 

17 UNITED STATES HISTORY, AND CIVICS EDU18 CATION UNDER THE ADULT EDUCATION AND 

19 FAMILY LITERACY ACT. 

20 (a) INTEGRATED ENGLISH LITERACY AND CIVICS

21 EDUCATION PROGRAM.—Section 203 of the Adult Edu22 cation and Family Literacy Act (20 U.S.C. 9202) is 

23 amended— 


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1 (1) by redesignating paragraphs (12) through 

2 (18) as paragraphs (13) through (19), respectively; 

3 and 

4 (2) by inserting after paragraph (11), the fol5 lowing: 

6 ‘‘(12) INTEGRATED ENGLISH LITERACY, 

7 UNITED STATES HISTORY, AND CIVICS EDUCATION

8 PROGRAM.—The term ‘integrated English literacy, 

9 United States history, and civics education program’ 

10 means a program of instruction designed to help an 

11 English language learner achieve competence in 

12 English through contextualized instruction on the 

13 rights and responsibilities of citizenship, naturaliza14 tion procedures, civic participation, and United 

15 States history and Government to help such learner 

16 acquire the skills and knowledge to become an active 

17 and informed parent, worker, and community mem18 ber.’’. 

19 (b) STATE LEADERSHIP ACTIVITIES.—Section 

20 223(a) of the Adult Education and Family Literacy Act 

21 (20 U.S.C. 9223(a)) is amended by inserting after para22 graph (11) the following: 

23 ‘‘(12) Technical assistance for grant applica24 tions of faith- and community-based organizations.’’. 


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1 (c) NATIONAL INSTITUTE FOR LITERACY.—Section 

2 242(c)(1) of the Adult Education and Family Literacy Act 

3 (20 U.S.C. 9252(c)(1)) is amended— 

4 (1) by redesignating subparagraphs (G), (H), 

5 and (I), as subparagraphs (I), (J), and (K), respec6 tively; and 

7 (2) by inserting after subparagraph (F) the fol8 lowing: 

9 ‘‘(G) to coordinate and share information 

10 with national organizations and associations 

11 that are interested in integrated English lit12 eracy, United States history, and civics edu13 cation programs; 

14 ‘‘(H) to study the effectiveness of distance 

15 learning or self-study programs in assisting the 

16 English language learner population achieve 

17 competence in English;’’. 

18 (d) REPORT.—Section 242(k) of the Adult Education 

19 and Family Literacy Act (20 U.S.C. 9252(k)) is amend20 ed— 

21 (1) in paragraph (2), by striking ‘‘and’’ at the 

22 end; 

23 (2) by redesignating paragraph (3) as para24 graph (4); and 


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1 (3) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) a separate analysis of— 

4 ‘‘(A) national and State adult English in5 struction needs; 

6 ‘‘(B) data on the composition of recent im7 migration flows and immigration settlement 

8 patterns throughout the United States; and 

9 ‘‘(C) estimated instructional needs based 

10 on the English ability and educational attain11 ment of English language learners under recent 

12 migration patterns; and’’. 

13 (e) NATIONAL LEADERSHIP ACTIVITIES.—Section 

14 243 of the Adult Education and Family Literacy Act (20 

15 U.S.C. 9253) is amended— 

16 (1) in paragraph (1)— 

17 (A) in subparagraph (A), by inserting 

18 ‘‘and integrated English literacy, United States 

19 history, and civics education programs’’ before 

20 the semicolon at the end; and 

21 (B) in subparagraph (B), by inserting 

22 ‘‘and integrated English literacy, United States 

23 history, and civics education programs’’ before 

24 ‘‘, based on scientific evidence’’; and 

25 (2) in paragraph (2)— 


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1 (A) in subparagraph (B), by inserting 

2 ‘‘and integrated English literacy, United States 

3 history, and civics education programs’’ before 

4 the semicolon at the end; 

5 (B) in subparagraph (D)(ii), by inserting 

6 ‘‘integrated English literacy, United States his7 tory, and civics education programs,’’ before 

8 ‘‘and workplace literacy programs’’; and 

9 (C) in subparagraph (E)— 

10 (i) in clause (i), by inserting ‘‘and in11 tegrated English literacy, United States 

12 history, and civics education programs’’ be13 fore the semicolon at the end; 

14 (ii) in clause (iii), by striking ‘‘and’’ 

15 at the end; 

16 (iii) in clause (iv)— 

17 (I) by striking ‘‘section 231’’ and 

18 inserting ‘‘sections 231 and 244’’; and 

19 (II) by adding ‘‘and’’ at the end; 

20 and 

21 (iv) by adding at the end the fol22 lowing: 

23 ‘‘(v) the extent to which integrated 

24 English literacy, United States history, 

25 and civics education programs carried out 


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1 under section 244 lead participants in such 

2 programs to increase their civic participa3 tion and, if applicable, lead such partici4 pants to become United States citizens;’’. 

5 (f) INTEGRATED ENGLISH LITERACY, UNITED

6 STATES HISTORY, AND CIVICS EDUCATION.—Chapter 4 

7 of subtitle A of the Adult Education and Family Literacy 

8 Act (20 U.S.C. 9251 et seq.) is amended by adding at 

9 the end the following: 

10 ‘‘SEC. 244. INTEGRATED ENGLISH LITERACY, UNITED 

11 STATES HISTORY, AND CIVICS EDUCATION 

12 PROGRAMS. 

13 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall 

14 award grants to States, from allocations under subsection 

15 (b), for integrated English literacy, United States history, 

16 and civics education programs. 

17 ‘‘(b) ALLOCATIONS.— 

18 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

19 the Secretary shall allocate for each fiscal year, from 

20 the amount appropriated pursuant to subsection (c) 

21 for such fiscal year— 

22 ‘‘(A) 65 percent of such amount to States 

23 on the basis of a State’s need for integrated 

24 English, United States history, and civics edu25 cation programs, as determined by calculating 


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1 each State’s share of a 10-year average of the 

2 data compiled by the Office of Immigration Sta3 tistics of the Department of Homeland Secu4 rity, for immigrants admitted for lawful perma5 nent residence during the 10 most recent fiscal 

6 years; and 

7 ‘‘(B) 35 percent of such amount to the 

8 States on the basis of whether the State experi9 enced growth, as measured by the average of 

10 the 3 most recent years for which data compiled 

11 by the Office of Immigration Statistics of the 

12 Department of Homeland Security are avail13 able, for immigrants admitted for lawful perma14 nent residence. 

15 ‘‘(2) MINIMUM.—Each State shall receive an al16 location under paragraph (1) in an amount that is 

17 not less than $60,000. 

18 ‘‘(c) AUTHORIZATION OF APPROPRIATION.—There 

19 are authorized to be appropriated to carry out this sec20 tion— 

21 ‘‘(1) $200,000,000 for fiscal year 2012; 

22 ‘‘(2) $250,000,000 for fiscal year 2013; and 

23 ‘‘(3) $300,000,000 for fiscal year 2014.’’. 


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1 SEC. 352. DEFINITIONS OF ENGLISH LANGUAGE LEARNER. 

2 (a) ADULT EDUCATION AND FAMILY LITERACY

3 ACT.—The Adult Education and Family Literacy Act (20 

4 U.S.C. 9201 et seq.) is amended— 

5 (1) in section 203 (20 U.S.C. 9202)— 

6 (A) by redesignating paragraphs (6), (7), 

7 (8), (9), and (10), as paragraphs (7), (8), (9), 

8 (10), and (6), respectively; 

9 (B) in paragraph (6), as redesignated— 

10 (i) in the paragraph heading, by strik11 ing ‘‘INDIVIDUAL OF LIMITED ENGLISH

12 PROFICIENCY’’ and inserting ‘‘ENGLISH

13 LANGUAGE LEARNER’’; and 

14 (ii) in the matter preceding subpara15 graph (A), by striking ‘‘individual of lim16 ited English proficiency’’ and inserting 

17 ‘‘English language learner’’; and 

18 (C) in paragraph (7), as redesignated, by 

19 striking ‘‘individuals of limited English pro20 ficiency’’ and inserting ‘‘English language 

21 learners’’; 

22 (2) in section 224(b)(10)(D) (20 U.S.C. 

23 9224(b)(10)(D)), by striking ‘‘individuals with lim24 ited English proficiency’’ and inserting ‘‘English lan25 guage learners’’; and 


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1 (3) in section 243(2)(D)(ii) (20 U.S.C. 

2 9253(2)(D)(ii)), by striking ‘‘individuals with limited 

3 English proficiency who are adults’’ and inserting 

4 ‘‘adult English language learners’’. 

5 (b) ELEMENTARY AND SECONDARY EDUCATION ACT

6 OF 1965.— 

7 (1) AMENDMENT.—Section 9101(25) of the El8 ementary and Secondary Education Act of 1965 (20 

9 U.S.C. 7801(25)) is amended by striking the matter 

10 preceding subparagraph (A) and inserting the fol11 lowing: 

12 ‘‘(25) ENGLISH LANGUAGE LEARNER.—The 

13 term ‘English language learner’ means an indi14 vidual—’’. 

15 (2) REFERENCES.—Any reference in the Ele16 mentary and Secondary Education Act of 1965 (20 

17 U.S.C. 6301 et seq.) to an individual who is limited 

18 English proficient shall be construed to refer to an 

19 English language learner. 

20 SEC. 353. CREDITS FOR TEACHERS OF ENGLISH LANGUAGE 

21 LEARNERS. 

22 (a) IN GENERAL.—Subpart A of part IV of sub23 chapter A of chapter 1 of the Internal Revenue Code of 

24 1986 (relating to nonrefundable personal credits) is 


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1 amended by inserting after section 25D the following new 

2 section: 

3 ‘‘SEC. 25E. TEACHERS OF ENGLISH LANGUAGE LEARNERS. 

4 ‘‘(a) IN GENERAL.—In the case of an eligible teacher, 

5 there shall be allowed a credit against the tax imposed 

6 by this chapter for the taxable year an amount equal to— 

7 ‘‘(1) $750, for each of the first 5 taxable years 

8 for which the taxpayer is allowed a credit under this 

9 section; and 

10 ‘‘(2) $500, for any other taxable year. 

11 ‘‘(b) CREDIT ALLOWED ONLY FOR 10 TAXABLE

12 YEARS.—No credit shall be allowed under this section 

13 with respect to a taxpayer for any taxable year after the 

14 10th taxable year for which such taxpayer is allowed a 

15 credit under this section. 

16 ‘‘(c) ELIGIBLE TEACHER DEFINED.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the term ‘eligible teacher’ means, with re19 spect to a taxable year, any individual who is— 

20 ‘‘(A) a full-time teacher of English as a 

21 second language or bilingual instruction for the 

22 academic year ending in such taxable year; or 

23 ‘‘(B) an eligible part-time teacher of 

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1 struction for the academic year ending in such 

2 taxable year. 

3 ‘‘(2) ELIGIBLE PART-TIME TEACHER.—The 

4 term ‘eligible part-time teacher’ means, with respect 

5 to a taxable year, an individual who teaches at least 

6 20 hours per week during the academic year ending 

7 in such taxable year. Such term does not include any 

8 individual who is a full-time teacher of English as a 

9 second language during such academic year. 

10 ‘‘(3) SPECIAL RULE.—In the case of an eligible 

11 part-time teacher, subsection (a) shall be applied by 

12 substituting ‘$375’ for ‘$750’ and by substituting 

13 ‘$250’ for ‘$500’.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 for such subpart is amended by inserting after the item 

16 relating to section 25D the following: 

‘‘Sec. 25E. Teachers of English language learners.’’. 

17 (c) TEACHER CERTIFICATION EXPENSES.—Part VII 

18 of subchapter B of chapter 1 of the Internal Revenue Code 

19 of 1986 (relating to additional itemized deductions for in20 dividuals) is amended by redesignating section 224 as sec21 tion 225 and by inserting after section 223 the following: 

22 ‘‘SEC. 224. CERTIFICATION EXPENSES FOR TEACHERS OF 

23 ENGLISH LANGUAGE LEARNERS. 

24 ‘‘(a) IN GENERAL.—In the case of an individual, 

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1 tification expenses paid or incurred by the taxpayer for 

2 the taxable year. 

3 ‘‘(b) ELIGIBLE TEACHER CERTIFICATION EX4 PENSES.—The term ‘eligible teacher certification ex5 penses’— 

6 ‘‘(1) means the tuition and fees required for the 

7 enrollment or attendance of the taxpayer at an eligi8 ble educational institution (as defined in section 

9 25A) for a course which is required for certification 

10 or licensure of such individual as qualified to provide 

11 English as a second language or bilingual instruction 

12 to elementary or secondary school students who are 

13 limited English proficient (as defined in section 

14 9901 of the Elementary and Secondary Education 

15 Act of 1965); and 

16 ‘‘(2) shall not include any amounts that are— 

17 ‘‘(A) used for a course that is part of the 

18 individual’s degree program; or 

19 ‘‘(B) funded by another person or any gov20 ernmental entity. 

21 ‘‘(c) DENIAL OF DOUBLE BENEFIT.—No deduction 

22 shall be allowed under this section for any expense for 

23 which a deduction or credit is allowed under any other 

24 provision of this chapter. 


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1 ‘‘(d) TERMINATION.—This section shall not apply to 

2 expenses paid or incurred after December 31, 2014.’’. 

3 (d) CERTIFICATION DEDUCTION ALLOWED WHETH4 ER OR NOT TAXPAYER ITEMIZES OTHER DEDUCTIONS.— 

5 Subsection (a) of section 62 of such Code is amended by 

6 inserting after paragraph (21) the following new para7 graph: 

8 ‘‘(22) TEACHER CERTIFICATION EXPENSES.— 

9 The deduction allowed by section 224.’’. 

10 (e) CLERICAL AMENDMENT.—The table of sections 

11 for part VII of subchapter B of chapter 1 of such Code 

12 is amended by striking the last item and inserting the fol13 lowing: 

‘‘Sec. 224. Certification expenses for teachers of English language learners. 

‘‘Sec. 225. Cross reference.’’. 

14 (f) REGULATIONS.—Not later than 180 days after 

15 the date of the enactment of this Act, the Secretary of 

16 the Treasury shall promulgate regulations implementing 

17 the provisions of this section. 

18 (g) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to taxable years beginning after 

20 the date of the enactment of this Act. 

21 SEC. 354. RESEARCH IN ADULT EDUCATION. 

22 (a) IN GENERAL.—Section 133(c)(2)(A) of the Edu23 cation Sciences Reform Act of 2002 (20 U.S.C. 


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1 9533(c)(2)(A)) is amended by inserting ‘‘education and’’ 

2 before ‘‘literacy’’. 

3 (b) NATIONAL RESEARCH AND DEVELOPMENT CEN4 TER.— 

5 (1) IN GENERAL.—The Secretary of Education 

6 shall direct the Commissioner for Education Re7 search of the National Center for Education Re8 search established pursuant to section 131 of the 

9 Education Sciences Reform Act of 2002 (20 U.S.C. 

10 9531) to establish a national research and develop11 ment center for adult education and literacy (as de12 scribed in section 133(c)(2)(A) of such Act). 

13 (2) PROVISION FOR EXPANSION OF RE14 SEARCH.—If, as of the date of the enactment of this 

15 Act, the Commissioner has established a center for 

16 adult literacy in accordance with section 

17 133(c)(2)(A) of the Education Sciences Reform Act 

18 of 2002 (20 U.S.C. 9533(c)(2)(A)), the Commis19 sioner shall expand the topic of research of such cen20 ter to include adult education, in accordance with 

21 the amendment made by subsection (a). 


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1 CHAPTER 2—SUPPORTING ENGLISH LAN2 GUAGE ACQUISITION AND ADULT EDU3 CATION IN THE WORKFORCE 

4 SEC. 356. CREDIT FOR EMPLOYER-PROVIDED ADULT 

5 ENGLISH LITERACY AND BASIC EDUCATION 

6 PROGRAMS. 

7 (a) IN GENERAL.—Subpart D of part IV of sub8 chapter A of chapter 1 of the Internal Revenue Code of 

9 1986 (relating to business related credits) is amended by 

10 adding at the end the following: 

11 ‘‘SEC. 45R. EMPLOYER-PROVIDED ADULT ENGLISH LIT12 ERACY AND BASIC EDUCATION PROGRAMS. 

13 ‘‘(a) IN GENERAL.—For the purposes of section 38, 

14 the credit determined under this section with respect to 

15 any employer for the taxable year is an amount equal to 

16 20 percent of qualified education program expenses, but 

17 in no case shall the employer receive a credit in an amount 

18 of more than $1,000 per full-time employee participating 

19 in the qualified education program. 

20 ‘‘(b) QUALIFIED EDUCATION PROGRAM EX21 PENSES.—For purposes of this section: 

22 ‘‘(1) IN GENERAL.—The term ‘qualified edu23 cation program expenses’ means expenses paid or in24 curred by an employer to make available qualified 

25 education to employees of the employer, who— 


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1 ‘‘(A) are English language learners; and 

2 ‘‘(B)(i) have not received a secondary 

3 school diploma, or its recognized equivalent; or 

4 ‘‘(ii) lack sufficient mastery of basic edu5 cational skills, including financial literacy, to 

6 enable the individuals to function effectively in 

7 society. 

8 ‘‘(2) QUALIFIED EDUCATION.—The term ‘quali9 fied education’ means adult education and literacy 

10 activities provided— 

11 ‘‘(A) by an eligible provider which for the 

12 fiscal year ending during the employer’s taxable 

13 year receives or is eligible to receive Federal 

14 funds under section 231 of the Adult Education 

15 and Family Literacy Act (20 U.S.C. 9241) for 

16 adult education and literacy activities; or 

17 ‘‘(B) in curriculum approved by the De18 partment of Education, the Employment and 

19 Training Administration of the Department of 

20 Labor, or in current use by a Federal agency. 

21 ‘‘(3) ELIGIBLE PROVIDER; ADULT EDUCATION

22 AND LITERACY ACTIVITIES.—The terms ‘eligible pro23 vider’ and ‘adult education and literacy activities’ 

24 have the respective meanings given to such terms in 


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1 section 203 of the Adult Education and Family Lit2 eracy Act (20 U.S.C. 9202). 

3 ‘‘(4) ENGLISH LANGUAGE LEARNER.—The term 

4 ‘English language learner’ has the same meaning 

5 given such term in section 9101(25) of the Elemen6 tary and Secondary Education Act of 1965. 

7 ‘‘(c) SPECIAL RULES.—For purposes of this section: 

8 ‘‘(1) FULL-TIME EMPLOYMENT.—An employee 

9 shall be considered full-time if such employee is em10 ployed at least 30 hours per week for 25 or more 

11 calendar weeks in the taxable year. 

12 ‘‘(2) AGGREGATION RULE.—All persons treated 

13 as a single employer under subsection (a) or (b) or 

14 section 52, or subsection (m) or (o) of section 414, 

15 shall be treated as 1 person. 

16 ‘‘(d) DENIAL OF DOUBLE BENEFIT.—No deduction 

17 or credit shall be allowed under any other provision of this 

18 chapter for any amount taken into account in determining 

19 the credit under this section. 

20 ‘‘(e) ELECTION TO HAVE CREDIT NOT APPLY.—A 

21 taxpayer may elect (at such time and in such manner as 

22 the Secretary may by regulations prescribe) to have this 

23 section not apply for any taxable year. 

24 ‘‘(f) TERMINATION.—This section shall not apply to 

25 expenses paid or incurred after December 31, 2014.’’. 


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1 (b) CREDIT TO BE PART OF GENERAL BUSINESS

2 CREDIT.—Subsection (b) of section 38 of such Code (re3 lating to the current year business credit) is amended— 

4 (1) by striking ‘‘plus’’ at the end of paragraph 

5 (34); 

6 (2) by striking the period at the end of para7 graph (35) and inserting ‘‘, plus’’; and 

8 (3) by adding at the end the following new 

9 paragraph: 

10 ‘‘(36) the adult English literacy and basic edu11 cation programs credit determined under section 

12 45R.’’. 

13 (c) CLERICAL AMENDMENT.—The table of sections 

14 for subpart D of part IV of subchapter A of chapter 1 

15 of the such Code is amended by adding at the end the 

16 following new item: 

‘‘Sec. 45R. Employer-provided adult English literacy and basic education programs.’’. 

17 (d) REGULATIONS.—Not later than 180 days after 

18 the date of the enactment of this Act, the Secretary of 

19 the Treasury shall promulgate regulations implementing 

20 the provisions of this section. 

21 (e) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to taxable years beginning after 

23 December 31 of the year in which this Act was enacted. 


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1 SEC. 357. PRESIDENTIAL AWARD FOR BUSINESS LEADER2 SHIP IN PROMOTING UNITED STATES CITI3 ZENSHIP. 

4 (a) ESTABLISHMENT.—The Presidential Award for 

5 Business Leadership in Promoting United States Citizen6 ship (referred to in this section as the ‘‘Presidential Citi7 zenship Award’’) shall be awarded by the President to 

8 companies and other organizations that make extraor9 dinary efforts in assisting their employees and members 

10 to learn English and increase their understanding of 

11 United States history and civics. 

12 (b) SELECTION AND PRESENTATION OF AWARD.— 

13 (1) SELECTION.—The President, after review14 ing recommendations from the Secretary of Home15 land Security and the Secretary of Commerce, shall 

16 periodically award the Presidential Citizenship 

17 Award to large and small companies and other orga18 nizations described in subsection (a). 

19 (2) PRESENTATION.—The presentation of the 

20 Presidential Citizenship Award shall be made by the 

21 President, or a designee of the President, in con22 junction with an appropriate ceremony. 

23 CHAPTER 3—BUILDING STRONGER 

24 COMMUNITIES 

25 SEC. 361. OFFICE OF CITIZENSHIP AND NEW AMERICANS. 

26 (a) RENAMING THE OFFICE OF CITIZENSHIP.— 


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1 (1) IN GENERAL.—Beginning on the date of the 

2 enactment of this Act, the Office of Citizenship of 

3 United States Citizenship and Immigration Services 

4 shall be referred to as the ‘‘Office of Citizenship and 

5 New Americans’’. 

6 (2) CONFORMING AMENDMENTS.—Section 

7 451(f) of the Homeland Security Act of 2002 (6 

8 U.S.C. 271(f)) is amended— 

9 (A) in the subsection heading, by striking 

10 ‘‘Citizenship.’’ and inserting ‘‘Citizenship and 

11 New Americans.’’; 

12 (B) in paragraph (1), by inserting ‘‘and 

13 New Americans’’ after ‘‘Office of Citizenship’’; 

14 and 

15 (C) in paragraph (2), by inserting ‘‘and 

16 New Americans’’ after ‘‘Office of Citizenship’’. 

17 (3) REFERENCES.—Any reference in a law, reg18 ulation, document, paper, or other record of the 

19 United States to the Office of Citizenship within 

20 United States Citizenship and Immigration Services 

21 shall be deemed to be a reference to the ‘‘Office of 

22 Citizenship and New Americans’’. 

23 (b) FUNCTIONS.—Section 451(f)(2) of the Homeland 

24 Security Act of 2002 (6 U.S.C. 271(f)(2)), as amended 

25 by subsection (a)(2)(C), is further amended by striking 


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1 ‘‘for promoting’’ and all that follows through the period 

2 at the end and inserting the following: ‘‘for— 

3 ‘‘(A) establishing national goals for intro4 ducing new immigrants into the United States 

5 and measuring the degree to which such goals 

6 are met; 

7 ‘‘(B) assessing and coordinating Federal 

8 policies, regulations, task forces, and commis9 sions related to introducing immigrants into the 

10 United States; 

11 ‘‘(C) continuing with the efforts of the 

12 Task Force on New Americans established 

13 under Executive Order 13404— 

14 ‘‘(i) to facilitate a dialogue among 

15 Federal agencies; 

16 ‘‘(ii) make recommendations to the 

17 President; and 

18 ‘‘(iii) follow through with initiatives 

19 administered by the Task Force under the 

20 authority of such Executive Order; 

21 ‘‘(D) serving as a liaison and intermediary 

22 with State and local governments and other en23 tities to assist in establishing local goals, task 

24 forces, and councils to assist in introducing im25 migrants into the United States; 


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1 ‘‘(E) coordinating with other Federal agen2 cies to provide information to State and local 

3 governments on the demand for English acqui4 sition programs and best practices in place on 

5 the Federal and State level for immigrants who 

6 have recently arrived in the United States; 

7 ‘‘(F) assisting States in coordinating ac8 tivities with the grant program carried out 

9 under this subtitle; and 

10 ‘‘(G) promoting instruction and training on 

11 citizenship responsibilities for aliens interested 

12 in becoming naturalized citizens of the United 

13 States, including the development of edu14 cational materials for such aliens.’’. 

15 (c) DONATIONS.—Section 451(f) of the Homeland 

16 Security Act of 2002 (6 U.S.C. 271(f)), as amended by 

17 this section, is further amended by adding at the end the 

18 following: 

19 ‘‘(3) DONATIONS.— 

20 ‘‘(A) ACCEPTANCE OF DONATIONS.—The 

21 Chief of the Office of Citizenship and New 

22 Americans may accept monetary and in-kind 

23 donations to support the activities described in 

24 paragraph (2). 


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1 ‘‘(B) DEDICATION OF FUNDS.—Notwith2 standing any other provision of law— 

3 ‘‘(i) any amounts donated to the Of4 fice of Citizenship and New Americans to 

5 support the activities described in para6 graph (2) shall be deposited into an ac7 count dedicated for such purpose; 

8 ‘‘(ii) the amounts contained in the ac9 count described in clause (i) shall be used 

10 solely to support such activities; and 

11 ‘‘(iii) amounts that were not donated 

12 for the exclusive purpose of supporting 

13 such activities may not be deposited into 

14 such account.’’. 

15 (d) REPORT TO CONGRESS.—The Chief of the Office 

16 of Citizenship and New Americans shall submit a biennial 

17 report to the appropriate committees in Congress that de18 scribes the activities of the Office of Citizenship and New 

19 Americans. 

20 SEC. 362. GRANTS TO STATES. 

21 (a) AUTHORITY TO PROVIDE GRANTS.—Subject to 

22 subsections (c) and (d), the Chief of the Office of Citizen23 ship and New Americans (referred to in this section as 

24 the ‘‘Chief’’) is authorized to provide competitive grants 


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1 to States to form State New American Councils to carry 

2 out the activities described in section 363. 

3 (b) STATE NEW AMERICAN COUNCILS.—A State 

4 New American Council shall— 

5 (1) consist of not fewer than 15 individuals and 

6 not more than 19 individuals from the State; and 

7 (2) shall include, to the extent practicable, rep8 resentatives from— 

9 (A) business; 

10 (B) faith-based organizations; 

11 (C) civic organizations; 

12 (D) philanthropic organizations; 

13 (E) nonprofit organizations, including 

14 those with experience working with immigrant 

15 communities; 

16 (F) key education stakeholders, such as 

17 State educational agencies, local educational 

18 agencies, community colleges, or teachers; 

19 (G) State adult education offices; 

20 (H) State or local public libraries; and 

21 (I) State or local government officials. 

22 (c) WAIVER OF REQUIREMENT.— 

23 (1) AUTHORITY TO GRANT.—The Chief may 

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1 ican Council if the Chief determines that the State 

2 is carrying out similar statewide initiatives to intro3 duce immigrants into the State and into the United 

4 States. 

5 (2) GUIDELINES.—The Chief shall establish 

6 guidelines for awarding grants to States described in 

7 paragraph (1). 

8 (d) GRANTS TO LOCAL GOVERNMENTS.—The Chief 

9 may provide a grant under subsection (a) to a local gov10 ernment. 

11 (e) APPLICATION.—An applicant for a grant under 

12 this section shall submit an application to the Chief at 

13 such time, in such manner, and containing such informa14 tion as the Chief may reasonably require, including— 

15 (1) if the applicant is a State seeking to form 

16 a State New American Council, an assurance that 

17 such State New American Council will meet the re18 quirements under subsection (b); 

19 (2) the number of immigrants in the State in 

20 which the applicant is located; and 

21 (3) a description of the challenges in intro22 ducing new immigrants into the State and local com23 munity. 

24 (f) DURATION.—A grant awarded under subsection 

25 (a) shall be for a period of 5 years. 


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1 (g) PRIORITY.—Priority shall be given to grant appli2 cations that— 

3 (1) use matching funds from non-Federal 

4 sources, which may include in-kind contributions; 

5 and 

6 (2) demonstrate collaboration with private enti7 ties to achieve the goals of their comprehensive plan. 

8 (h) ADDITIONAL CONSIDERATION.—Additional con9 sideration shall be given to grant applications submitted 

10 by States that have experienced a large increase in the 

11 population of immigrants during the most recent 10-year 

12 period relative to past migration patterns, based on data 

13 compiled by the Office of Immigration Statistics. 

14 (i) GRANT AMOUNT.—The amount of a grant award15 ed under subsection (a) shall be not less than $500,000 

16 and not more than $5,000,000 for each fiscal year. 

17 (j) RESERVATIONS.— 

18 (1) NATIONAL.—The Chief shall reserve not 

19 more than 1 percent of the amount appropriated to 

20 carry out this section for the administration of the 

21 Office of Citizenship and New Americans, including 

22 for the evaluation of funds distributed. 

23 (2) STATES.—A State awarded a grant under 

24 subsection (a) may reserve not more than 10 percent 


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1 of such grant amount for the creation and operation 

2 of a State New American Council. 

3 SEC. 363. AUTHORIZED ACTIVITIES. 

4 (a) MANDATORY ACTIVITIES.—A grant awarded 

5 under section 361(a) shall be used— 

6 (1) to develop, implement, expand, or enhance 

7 a comprehensive plan to introduce new immigrants 

8 into the State, including improving English literacy, 

9 knowledge of United States history, and civics edu10 cation; 

11 (2) to provide subgrants to local communities in 

12 accordance with subsection (c); 

13 (3) if the grant is awarded to a State, to form 

14 a State New American Council, which shall meet not 

15 less frequently than once each quarter; 

16 (4) to disseminate best practices and other in17 formation compiled by the Office of Citizenship and 

18 New Americans that pertains to effective programs 

19 for English acquisition and civics education; and 

20 (5) to convene public hearings not less fre21 quently than once each year to report on the activi22 ties carried out by such grant. 

23 (b) PERMISSIBLE ACTIVITIES.—A grant awarded 

24 under section 361(a) may be used— 


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1 (1) to solicit and disseminate solutions and 

2 remedies to the challenges of introducing new immi3 grants in the State or municipality in which the 

4 grant is awarded; 

5 (2) to provide technical assistance, training, or 

6 coordination for State or local agencies to improve 

7 programs to introduce new immigrants into the 

8 United States, such as English literacy, United 

9 States history, and civics education; 

10 (3) to review and develop strategies to expand 

11 distance learning as a method of instruction for 

12 English literacy, United States history, and civics 

13 education and available technological programs that 

14 may supplement or supplant quality classroom in15 struction; 

16 (4) to coordinate with entities of other States 

17 engaged in activities under this part or other activi18 ties to introduce new immigrants into the State or 

19 community; 

20 (5) to develop materials focused on preparation 

21 for the naturalization test; 

22 (6) to engage in outreach and educational ac23 tivities on the naturalization process; and 

24 (7) to provide assistance to immigrants with the 

25 naturalization application, as appropriate. 


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1 (c) SUBGRANTS TO LOCAL COMMUNITIES.— 

2 (1) REQUIREMENT TO AWARD.—A grant under 

3 section 108(a) shall be used to award subgrants to 

4 entities of local governments to assist communities 

5 with local efforts to introduce new Americans into 

6 the community. 

7 (2) AUTHORIZED ACTIVITIES.—Subgrants shall 

8 be awarded under paragraph (1) to entities of local 

9 governments for use to carry out activities in accord10 ance with— 

11 (A) a comprehensive plan described in sub12 section (a)(1); and 

13 (B) any guidance provided by the Chief of 

14 the Office of Citizenship and New Americans. 

15 (3) SUBGRANT AMOUNT.—The amount of a 

16 subgrant awarded under this subsection shall be not 

17 less than $100,000 and not more than $600,000 for 

18 a fiscal year.** 

19 SEC. 364. REPORTING AND EVALUATION. 

20 (a) REPORTING REQUIREMENT.— 

21 (1) IN GENERAL.—Each entity awarded a grant 

22 under section 108(a) shall submit a report annually 

23 to the Office of Citizenship and New Americans 

24 that— 


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1 (A) describes the activities of the State 

2 New American Council and subgrant recipients 

3 and how these activities meet the goals of— 

4 (i) the Chief of the Office of Citizen5 ship and New Americans; and 

6 (ii) the comprehensive plan described 

7 in section 109(a)(1); and 

8 (B) describes the geographic areas being 

9 served, the number of immigrants in such 

10 areas, and the primary languages spoken there. 

11 (2) OTHER REQUIREMENTS.—The Chief of the 

12 Office of Citizenship may set out other requirements 

13 as the Chief sees fit in order to— 

14 (A) impose accountability; and 

15 (B) measure the outcomes of the activities 

16 carried out with grants awarded under section 

17 1083(a). 

18 (b) ANNUAL EVALUATION.—The Chief of the Office 

19 of Citizenship and New Americans shall conduct an an20 nual evaluation of the grant program established under 

21 this subtitle and use such evaluation— 

22 (1) to improve the effectiveness of programs 

23 carried out by the Chief; 

24 (2) to assess future needs of immigrants and of 

25 State and local governments related to immigrants; 


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1 (3) to determine the effectiveness of such grant 

2 program; and 

3 (4) to ensure that the grantees and subgrantees 

4 are acting within the scope and purpose of this sub5 title. 

6 SEC. 365. NEW CITIZENS AWARD PROGRAM. 

7 (a) ESTABLISHMENT.—There is established a new 

8 citizens award program to recognize citizens who— 

9 (1) have made an outstanding contribution to 

10 the United States; and 

11 (2) are naturalized during the 10-year period 

12 ending on the date of such recognition. 

13 (b) PRESENTATION AUTHORIZED.— 

14 (1) IN GENERAL.—The President is authorized 

15 to present a medal, in recognition of outstanding 

16 contributions to the United States, to citizens de17 scribed in subsection (a). 

18 (2) MAXIMUM NUMBER OF AWARDS.—Not more 

19 than 10 citizens may receive a medal under this sec20 tion in any calendar year. 

21 SEC. 366. RULE OF CONSTRUCTION. 

22 Nothing in this subtitle may be construed to limit the 

23 authority of the Secretary, acting through the Director of 

24 United States Citizenship and Immigration Services or 

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1 rity as the Secretary may direct, to manage, direct, and 

2 control the activities of the Chief of the Office of Citizen3 ship and New Americans. 

4 SEC. 367. REPORT TO CONGRESS ON FEE INCREASES. 

5 Section 286 (8 U.S.C. 1356), as amended by section 

6 326(b), is further amended by adding at the end the fol7 lowing: 

8 ‘‘(x) REPORT TO CONGRESS ON FEES AND FEE IN9 CREASES.—The Secretary of Homeland Security shall an10 nually submit a report to the Committee on the Judiciary 

11 of the Senate and the Committee on the Judiciary of the 

12 House of Representatives that— 

13 ‘‘(1) identifies the direct and overhead costs as14 sociated with providing immigration services, distin15 guishing such costs from immigration enforcement 

16 and national security costs; 

17 ‘‘(2) identifies the costs for providing premium 

18 processing services to business customers under sub19 section (u); 

20 ‘‘(3) describes the extent to which the premium 

21 processing fee prescribed under subsection (u) is set 

22 at a level that ensures recovery of those costs; 

23 ‘‘(4) identifies the amount of funding allocated 

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1 tions and customer-service processes as prescribed 

2 under subsection (u); and 

3 ‘‘(5) contains information about the basis for 

4 any fee increases that will occur during the following 

5 12 months.’’. 

6 SEC. 368. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated to carry out 

8 this subtitle $100,000,000 for each of the fiscal years 

9 2012 through 2016. 

10 PART II—EMERGENCY RELIEF FOR CERTAIN 

11 POPULATIONS 

12 SEC. 371. ADJUSTMENT OF STATUS FOR CERTAIN HAITIAN 

13 ORPHANS. 

14 (a) IN GENERAL.—The Secretary may adjust the sta15 tus of an alien described in subsection (b) to that of an 

16 alien lawfully admitted for permanent residence if the 

17 alien— 

18 (1) subject to subsection (c), applies for such 

19 adjustment; 

20 (2) is physically present in the United States on 

21 the date the application for such adjustment is filed; 

22 and 

23 (3) is admissible to the United States as an im24 migrant, except as provided in subsection (d). 


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1 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA2 TUS.—An alien is described in this subsection if the alien 

3 was inspected and granted parole into the United States 

4 pursuant to the humanitarian parole policy for certain 

5 Haitian orphans announced on January 18, 2010, and 

6 suspended as to new applications on April 15, 2010. 

7 (c) APPLICATION.—In the case of a minor, an appli8 cation under this section may be submitted on behalf of 

9 the alien by— 

10 (1) a parent; or 

11 (2) a legal guardian. 

12 (d) GROUNDS OF INADMISSIBILITY.—Paragraphs (4) 

13 and (7)(A) of section 212(a) of the Immigration and Na14 tionality Act (8 U.S.C. 1182(a)) shall not apply to adjust15 ment of status under this section. 

16 (e) VISA AVAILABILITY.—When an alien is granted 

17 the status of having been lawfully admitted for permanent 

18 residence under this section, the Secretary of State shall 

19 not be required to reduce the number of immigrant visas 

20 authorized to be issued under the Immigration and Na21 tionality Act (8 U.S.C. 1101 et seq.). 

22 (f) ALIEN DEEMED TO MEET DEFINITION OF

23 CHILD.—An alien described in subsection (b) shall be 

24 deemed to satisfy the requirements applicable to adopted 

25 children under section 101(b)(1) of the Immigration and 


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1 Nationality Act (8 U.S.C. 1101(b)(1)) if, before the date 

2 on which the alien reaches 18 years of age— 

3 (1) the alien obtains adjustment of status under 

4 this section; and 

5 (2) a United States citizen adopts the alien, re6 gardless of whether the adoption occurs before, on, 

7 or after the date of the decision-granting adjustment 

8 of status under this section. 

9 (g) NO IMMIGRATION BENEFITS FOR BIRTH PAR10 ENTS.—No birth parent of an alien who obtains adjust11 ment of status under this section shall thereafter, by vir12 tue of such parentage, be accorded any right, privilege, 

13 or status under this section or the Immigration and Na14 tionality Act (8 U.S.C. 1101 et seq.). 

15 SEC. 372. ADJUSTMENT OF STATUS FOR CERTAIN LIBERIAN 

16 NATIONALS. 

17 (a) ADJUSTMENT OF STATUS.— 

18 (1) IN GENERAL.— 

19 (A) ELIGIBILITY.—Except as provided 

20 under subparagraph (B), the Secretary shall 

21 adjust the status of an alien described in sub22 section (b) to that of an alien lawfully admitted 

23 for permanent residence, if the alien— 


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1 (i) applies for adjustment not later 

2 than 1 year after the date of the enact3 ment of this Act; and 

4 (ii) is otherwise eligible to receive an 

5 immigrant visa and admissible to the 

6 United States for permanent residence, ex7 cept that, in determining such admissi8 bility, the grounds for inadmissibility speci9 fied in paragraphs (4), (5), (6)(A), and 

10 (7)(A) of section 212(a) of the Immigra11 tion and Nationality Act (8 U.S.C. 

12 1182(a)) shall not apply. 

13 (B) INELIGIBLE ALIENS.—An alien shall 

14 not be eligible for adjustment of status under 

15 this section if the Secretary determines that the 

16 alien— 

17 (i) has been convicted of any aggra18 vated felony (as defined in section 

19 101(a)(43) of the Immigration and Nation20 ality Act (8 U.S.C. 1101(a)(43)); 

21 (ii) has been convicted of 2 or more 

22 crimes involving moral turpitude; or 

23 (iii) has ordered, incited, assisted, or 

24 otherwise participated in the persecution of 

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1 tionality, membership in a particular social 

2 group, or political opinion. 

3 (2) RELATIONSHIP OF APPLICATION TO CER4 TAIN ORDERS.— 

5 (A) IN GENERAL.—An alien present in the 

6 United States who has been subject to an order 

7 of exclusion, deportation, or removal, or has 

8 been ordered to depart voluntarily from the 

9 United States under any provision of the Immi10 gration and Nationality Act may, notwith11 standing such order, apply for adjustment of 

12 status under paragraph (1) if otherwise quali13 fied under such paragraph. 

14 (B) SEPARATE MOTION NOT REQUIRED.— 

15 An alien described in subparagraph (A) may 

16 not be required, as a condition of submitting or 

17 granting such application, to file a separate mo18 tion to reopen, reconsider, or vacate the order 

19 described in subparagraph (A). 

20 (C) EFFECT OF DECISION BY SEC21 RETARY.—If the Secretary grants an applica22 tion under paragraph (1), the Secretary shall 

23 cancel the order described in subparagraph (A). 

24 If the Secretary makes a final decision to deny 

25 the application, the order shall be effective and 


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1 enforceable to the same extent as if the applica2 tion had not been made. 

3 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA4 TUS.— 

5 (1) IN GENERAL.—The benefits provided under 

6 subsection (a) shall apply to any alien— 

7 (A) who is— 

8 (i) a national of Liberia; and 

9 (ii) has been continuously present in 

10 the United States between January 1, 

11 2011, and the date on which the alien sub12 mits an application under subsection (a); 

13 or 

14 (B) who is the spouse, child, or unmarried 

15 son or daughter of an alien described in sub16 paragraph (A). 

17 (2) DETERMINATION OF CONTINUOUS PHYS18 ICAL PRESENCE.—For purposes of establishing the 

19 period of continuous physical presence referred to in 

20 paragraph (1)(A)(ii), an alien shall not be consid21 ered to have failed to maintain continuous physical 

22 presence by reasons of an absence, or absences, from 

23 the United States for any period or periods amount24 ing in the aggregate to not more than 180 days. 

25 (c) STAY OF REMOVAL.— 


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1 (1) IN GENERAL.—The Secretary shall establish 

2 procedures, by regulation, through which an alien, 

3 who is subject to a final order of deportation, re4 moval, or exclusion, may seek a stay of such order 

5 based upon the filing of an application under sub6 section (a). 

7 (2) DURING CERTAIN PROCEEDINGS.—Notwith8 standing any provision of the Immigration and Na9 tionality Act (8 U.S.C. 1101 et seq.), the Secretary 

10 shall not order an alien to be removed from the 

11 United States if the alien is in exclusion, deporta12 tion, or removal proceedings under any provision of 

13 such Act and has applied for adjustment of status 

14 under subsection (a), unless the Secretary has made 

15 a final determination to deny the application. 

16 (3) WORK AUTHORIZATION.— 

17 (A) IN GENERAL.—The Secretary may— 

18 (i) authorize an alien who has applied 

19 for adjustment of status under subsection 

20 (a) to engage in employment in the United 

21 States while a determination regarding 

22 such application is pending; and 

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1 propriate document signifying authoriza2 tion of employment. 

3 (B) PENDING APPLICATIONS.—If an appli4 cation for adjustment of status under sub5 section (a) is pending for a period exceeding 

6 180 days and has not been denied, the Sec7 retary shall authorize such employment. 

8 (d) RECORD OF PERMANENT RESIDENCE.—Upon the 

9 approval of an alien’s application for adjustment of status 

10 under subsection (a), the Secretary shall establish a record 

11 of the alien’s admission for permanent record as of the 

12 date of the alien’s arrival in the United States. 

13 (e) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 

14 The Secretary shall provide to applicants for adjustment 

15 of status under subsection (a) the same right to, and pro16 cedures for, administrative review as are provided to— 

17 (1) applicants for adjustment of status under 

18 section 245 of the Immigration and Nationality Act 

19 (8 U.S.C. 1255); and 

20 (2) aliens subject to removal proceedings under 

21 section 240 of such Act (8 U.S.C. 1229a). 

22 (f) LIMITATION ON JUDICIAL REVIEW.—A deter23 mination by the Secretary regarding the adjustment of 

24 status of any alien under this section is final and shall 

25 not be subject to review by any court. 


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1 (g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 

2 If an alien is granted the status of having been lawfully 

3 admitted for permanent residence pursuant to this section, 

4 the Secretary of State shall not be required to reduce the 

5 number of immigrant visas authorized to be issued under 

6 any provision of the Immigration and Nationality Act (8 

7 U.S.C. 1101 et seq.). 

8 (h) APPLICATION OF IMMIGRATION AND NATION9 ALITY ACT PROVISIONS.— 

10 (1) DEFINITIONS.—Except as otherwise specifi11 cally provided in this chapter, the definitions con12 tained in the Immigration and Nationality Act (8 

13 U.S.C. 1101 et seq.) shall apply in this section. 

14 (2) SAVINGS PROVISION.—Nothing in this chap15 ter may be construed to repeal, amend, alter, mod16 ify, effect, or restrict the powers, duties, function, or 

17 authority of the Secretary in the administration and 

18 enforcement of the Immigration and Nationality Act 

19 or any other law relating to immigration, nationality, 

20 or naturalization. 

21 (i) EFFECT OF ELIGIBILITY FOR ADJUSTMENT OF

22 STATUS.—Eligibility to be granted the status of having 

23 been lawfully admitted for permanent residence under this 

24 section shall not preclude an alien from seeking any status 


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1 under any other provision of law for which the alien may 

2 otherwise be eligible. 

3 PART III—STATE COURT INTERPRETER GRANT 

4 PROGRAM 

5 SEC. 381. FINDINGS. 

6 Congress finds that— 

7 (1) the fair administration of justice depends on 

8 the ability of all participants in a courtroom pro9 ceeding to understand that proceeding, regardless of 

10 their English proficiency; 

11 (2) 19 percent of the population of the United 

12 States older than 5 years of age speaks a language 

13 other than English at home; 

14 (3) only qualified court interpreters can ensure 

15 that persons with limited English proficiency com16 prehend judicial proceedings in which they are a 

17 party; 

18 (4) the knowledge and skills required of a quali19 fied court interpreter differ substantially from those 

20 required in other interpretation settings, such as so21 cial service, medical, diplomatic, and conference in22 terpreting; 

23 (5) the Federal Government has demonstrated 

24 its commitment to equal administration of justice re25 gardless of English proficiency; 


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1 (6) regulations implementing title VI of the 

2 Civil Rights Act of 1964 and the guidance issued by 

3 the Department of Justice pursuant to Executive 

4 Order 13166, issued August 11, 2000, clarify that 

5 all recipients of Federal financial assistance, includ6 ing State courts, are required to take reasonable 

7 steps to provide meaningful access to their pro8 ceedings for persons with limited English pro9 ficiency; 

10 (7) 40 States have developed, or are developing, 

11 qualified court interpreting programs; 

12 (8) robust, effective court interpreter pro13 grams— 

14 (A) actively recruit skilled individuals to be 

15 court interpreters; 

16 (B) train those individuals in the interpre17 tation of court proceedings; 

18 (C) develop and use a thorough, systematic 

19 certification process for court interpreters; and 

20 (D) have sufficient funding to ensure that 

21 a qualified interpreter will be available to the 

22 court whenever necessary; and 

23 (9) Federal funding is necessary to— 


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1 (A) encourage State courts that do not 

2 have court interpreter programs to develop 

3 them; 

4 (B) assist State courts with nascent court 

5 interpreter programs to implement them; 

6 (C) assist State courts with limited court 

7 interpreter programs to enhance them; and 

8 (D) assist State courts with robust court 

9 interpreter programs to make further improve10 ments and share successful programs with other 

11 States. 

12 SEC. 382. STATE COURT INTERPRETER PROGRAM. 

13 (a) GRANTS AUTHORIZED.— 

14 (1) IN GENERAL.—The Administrator of the 

15 Office of Justice Programs of the Department of 

16 Justice (referred to in this section as the ‘‘Adminis17 trator’’) shall award grants, in accordance with such 

18 regulations as the Attorney General may prescribe, 

19 to State courts to develop and implement programs 

20 to assist individuals with limited English proficiency 

21 to access and understand State court proceedings in 

22 which they are a party. 

23 (2) TECHNICAL ASSISTANCE.—The Adminis24 trator shall allocate, for each fiscal year, $500,000 

25 of the amount appropriated pursuant to section 383, 


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1 which shall be used to establish a court interpreter 

2 technical assistance program to assist State courts 

3 receiving grants under this part. 

4 (b) USE OF GRANTS.—Grants awarded under sub5 section (a) may be used by State courts to— 

6 (1) assess regional language demands; 

7 (2) develop a court interpreter program for the 

8 State courts; 

9 (3) develop, institute, and administer language 

10 certification examinations; 

11 (4) recruit, train, and certify qualified court in12 terpreters; 

13 (5) pay for salaries, transportation, and tech14 nology necessary to implement the court interpreter 

15 program developed under paragraph (2); and 

16 (6) engage in other related activities, as pre17 scribed by the Attorney General. 

18 (c) APPLICATION.— 

19 (1) IN GENERAL.—The highest State court of 

20 each State desiring a grant under this section shall 

21 submit an application to the Administrator at such 

22 time, in such manner, and accompanied by such in23 formation as the Administrator may reasonably re24 quire. 


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1 (2) STATE COURTS.—The highest State court 

2 of each State submitting an application under para3 graph (1) shall include in the application— 

4 (A) a demonstration of need for the devel5 opment, implementation, or expansion of a 

6 State court interpreter program; 

7 (B) an identification of each State court in 

8 that State which would receive funds from the 

9 grant; 

10 (C) the amount of funds each State court 

11 identified under subparagraph (B) would re12 ceive from the grant; and 

13 (D) the procedures the highest State court 

14 would use to directly distribute grant funds to 

15 State courts identified under subparagraph (B). 

16 (d) STATE COURT ALLOTMENTS.— 

17 (1) BASE ALLOTMENT.—From amounts appro18 priated for each fiscal year pursuant to section 383, 

19 the Administrator shall allocate $100,000 to each of 

20 the highest State court of each State, which has an 

21 application approved under subsection (c). 

22 (2) DISCRETIONARY ALLOTMENT.—From 

23 amounts appropriated for each fiscal year pursuant 

24 to section 383, the Administrator shall allocate 

25 $5,000,000 to be distributed among the highest 


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1 State courts of States which have an application ap2 proved under subsection (c), and that have extraor3 dinary needs that are required to be addressed in 

4 order to develop, implement, or expand a State court 

5 interpreter program. 

6 (3) ADDITIONAL ALLOTMENT.—In addition to 

7 the allocations made under paragraphs (1) and (2), 

8 the Administrator shall allocate, to the highest State 

9 court of each State whose application was approved 

10 under subsection (c), an amount equal to the prod11 uct reached by multiplying— 

12 (A) the unallocated balance of the amount 

13 appropriated for each fiscal year pursuant to 

14 section 383; and 

15 (B) the ratio between the number of people 

16 older than 5 years of age who speak a language 

17 other than English at home in the State and 

18 the number of people older than 5 years of age 

19 who speak a language other than English at 

20 home in all the States that receive an allocation 

21 under paragraph (1), as those numbers are de22 termined by the Bureau of the Census. 

23 (4) TREATMENT OF DISTRICT OF COLUMBIA.— 

24 For purposes of this section— 


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1 (A) the District of Columbia shall be treat2 ed as a State; and 

3 (B) the District of Columbia Court of Ap4 peals shall act as the highest State court for 

5 the District of Columbia. 

6 SEC. 383. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated $15,000,000 

8 for each of the fiscal years 2012 through 2016 to carry 

9 out this part. 

10 PART IV—OTHER MATTERS 

11 SEC. 391. ADJUSTMENT OF STATUS FOR CERTAIN VICTIMS 

12 OF TERRORISM. 

13 (a) ADJUSTMENT OF STATUS.—The status of any 

14 alien described in subsection (b) may be adjusted by the 

15 Secretary to that of an alien lawfully admitted for perma16 nent residence, if the alien— 

17 (1) applies for such adjustment not later than 

18 1 year after the date of the enactment of this Act; 

19 (2) is not inadmissible to the United States 

20 under paragraph (2) or (3) of section 212(a) of the 

21 Immigration and Nationality Act (8 U.S.C. 

22 1182(a)), or deportable under paragraph (2) or (4) 

23 of section 237(a) of such Act (8 U.S.C. 1227(a)); 

24 and 


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1 (3) not later than the date on which the appli2 cation under paragraph (1) is submitted, satisfies 

3 any applicable Federal tax liability by establishing 

4 that— 

5 (A) no such tax liability exists; or 

6 (B) all outstanding liabilities have been 

7 paid. 

8 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA9 TUS.— 

10 (1) IN GENERAL.—The benefit provided under 

11 subsection (a) shall apply to any alien who— 

12 (A) was, on September 10, 2001, the 

13 spouse, child, unmarried son, or unmarried 

14 daughter of an alien who died as a direct result 

15 of the terrorist activity conducted against the 

16 United States on September 11, 2001; 

17 (B) was deemed to be a beneficiary of, and 

18 by, the September 11th Victim Compensation 

19 Fund of 2001 (49 U.S.C. 40101); and 

20 (C) made a proffer of information to the 

21 Secretary between April 24, 2008, and August 

22 15, 2008, in connection with a request for im23 migration relief. 

24 (2) EXCEPTION.—An alien shall not be pro25 vided any benefit under this section if the Secretary 


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1 determines that the alien has willfully made a mate2 rial misrepresentation or material omission in the 

3 proffer of information described in paragraph 

4 (1)(C). 

5 (c) WORK AUTHORIZATION.—The Secretary may au6 thorize an alien who has applied for adjustment of status 

7 under subsection (a) to engage in employment in the 

8 United States during the pendency of such application. 

9 (d) CONSTRUCTION.—Nothing in this section shall be 

10 construed to limit the existing authority of the Secretary 

11 on the date of the enactment of this Act to require any 

12 form or other submission of information or to perform any 

13 background or security check for the purpose of deter14 mining the admissibility, or eligibility under this section, 

15 of any alien. 

16 (e) WAIVER OF REGULATIONS.—Not later than 6 

17 months after the date of the enactment of this Act, the 

18 Secretary shall issue guidance to carry out this section. 

19 The Secretary shall not be required to promulgate regula20 tions before implementing this section. 

21 (f) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 

22 At the time an alien is granted the status of having been 

23 lawfully admitted for permanent residence under this sec24 tion, the Secretary of State shall not be required to reduce 

25 the number of immigrant visas authorized to be issued 


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1 under title II of the Immigration and Nationality Act (8 

2 U.S.C. 1151 et seq.). 

3 (g) DEFINITIONS.— 

4 (1) APPLICABLE FEDERAL TAX LIABILITY DE5 FINED.—In this section, the term ‘‘applicable Fed6 eral tax liability’’ means liability for Federal taxes, 

7 including penalties and interest, owed for any year 

8 for which the statutory period for assessment of any 

9 deficiency for such taxes has not expired. 

10 (2) INCORPORATION BY REFERENCE.—Except 

11 as otherwise specifically provided in this section, the 

12 definitions used in the Immigration and Nationality 

13 Act (8 U.S.C. 1101 et seq.) (excluding the defini14 tions applicable exclusively to title III of such Act) 

15 shall apply in the administration of this section. 

16 SEC. 392. DEVELOPMENT OF ASSESSMENT AND STRATEGY 

17 ADDRESSING FACTORS DRIVING MIGRATION. 

18 (a) DEVELOPMENT OF ASSESSMENT.—Not later than 

19 6 months after the date of the enactment of this Act, the 

20 Comptroller General of the United States shall submit a 

21 report to Congress that contains a baseline assessment of 

22 the primary factors driving migration in a prioritized 

23 group of 10 countries with the highest rates of irregular 

24 migration to the United States, including— 


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1 (1) factors driving migration in the prioritized 

2 countries; and 

3 (2) the impact of United States assistance, 

4 trade, or foreign policy on migration trends in the 

5 prioritized countries. 

6 (b) STRATEGY TO ADDRESS FACTORS DRIVING IM7 MIGRATION.—The Secretary of State, working with the 

8 Administrator of the United States Agency for Inter9 national Development, and in consultation with the Bu10 reau of Population, Refugees, and Migration of the De11 partment of State, the Department of Labor, and the Of12 fice of the United States Trade Representative, shall sub13 mit strategy to the Committee on Foreign Relations of the 

14 Senate and the Committee on Foreign Affairs of the 

15 House of Representatives for addressing the economic, so16 cial, and security factors driving high rates of irregular 

17 migration from the prioritized countries, as identified by 

18 the report submitted under subsection (a). 

19 (c) ELEMENTS OF STRATEGY.—The strategy re20 quired under subsection (b) shall include— 

21 (1) a summary and evaluation of current assist22 ance provided by the Government of the United 

23 States to countries with the highest rates of irreg24 ular migration to the United States; 


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1 (2) an identification of the regions and munici2 palities experiencing the highest emigration rates 

3 and the current level of United States aid or invest4 ment in these areas; and 

5 (3) recommendations for future United States 

6 Government assistance and technical support to ad7 dress key economic, social and development factors 

8 identified in the prioritized migration source coun9 tries that are designed to ensure appropriate engage10 ment of national and local governments and civil so11 ciety organizations. 

12 SEC. 393. PRIORITIZATION OF MIGRATION SOURCE COUN13 TRIES BY THE UNITED STATES AGENCY FOR 

14 INTERNATIONAL DEVELOPMENT. 

15 (a) IN GENERAL.—The Administrator of the United 

16 States Agency for International Development shall expand 

17 programming that prioritizes sustainable alternatives to 

18 emigration and incorporates migration and development 

19 programming to assist communities in the countries iden20 tified in the previous section, including— 

21 (1) communities that currently experience, or 

22 are projected to soon experience, high rates of popu23 lation loss due to international migration to the 

24 United States; 


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1 (2) communities experiencing or at high risk of 

2 trafficking in persons; 

3 (3) communities that are receiving high rates of 

4 returned or deported migrants from the United 

5 States; 

6 (4) communities affected by destabilizing levels 

7 of generalized violence, or violence associated with 

8 gang or drug related crimes; and 

9 (5) communities that currently have developed 

10 partnerships with migrant associations and federa11 tions based in the United States. 

12 (b) INCREASED ASSISTANCE.—The Secretary of 

13 State and the Administrator of the United States Agency 

14 for International Development shall work with the Com15 mittee on Foreign Relations of the Senate, the Committee 

16 on Appropriations of the Senate, the Committee on For17 eign Affairs of the House of Representatives, and the 

18 Committee on Appropriations of the House of Representa19 tives to increase, beginning in fiscal year 2012, financial 

20 assistance to the communities described in subsection (a) 

21 with the goal of— 

22 (1) alleviating rural poverty and revitalizing ag23 ricultural production by supporting investment in 

24 rural development strategies, marketing support to 

25 small farmers, small scale agroenterprise initiatives, 


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1 and expanded access to credit and micro-finance op2 portunities for small farmers, particularly in regions 

3 of highest outmigration; 

4 (2) fully funding micro-finance and micro-enter5 prise initiatives and ensure mechanisms for access to 

6 rural credit and micro-insurance and target available 

7 funding to traditionally marginalized groups and at8 risk populations, particularly youth and indigenous 

9 populations; 

10 (3) prioritizing income generation and livelihood 

11 alternatives targeted to youth; 

12 (4) supporting innovations and matching funds 

13 for collective remittance investment and business de14 velopment through the establishment or expansion of 

15 United States matching funds through United 

16 States Agency for International Development for col17 lective remittance investment by migrant associa18 tions and federations in migrant sending municipali19 ties or regions; and 

20 (5) recognizing that the highest rates of irreg21 ular migration are from Mexico and other Western 

22 Hemisphere countries by dedicating particular atten23 tion to bilateral and multilateral efforts to reduce 

24 the economic and social factors driving irregular mi25 gration in this region. 


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1 SEC. 394. SENSE OF CONGRESS ON INCREASED UNITED 

2 STATES FOREIGN POLICY COHERENCY IN 

3 THE WESTERN HEMISPHERE. 

4 It is the sense of Congress that the Secretary of State 

5 should review the United States foreign policy toward 

6 Latin America in order to strengthen hemispheric security 

7 through the reduction of poverty and inequality, expansion 

8 of equitable trade, support for democratic institutions, cit9 izen security and the rule of law, as essential elements 

10 in consolidation of a well-managed regional migration pol11 icy. 

Æ 


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